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PRESENTATION TO THE PORTFOLIO COMMITTEE

PRESENTATION TO THE PORTFOLIO COMMITTEE. SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE AMENDMENT BILL, 2012(“the Bill”). 1. 2.BACKGROUND.

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PRESENTATION TO THE PORTFOLIO COMMITTEE

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  1. PRESENTATION TO THE PORTFOLIO COMMITTEE SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE AMENDMENT BILL, 2012(“the Bill”) 1

  2. 2.BACKGROUND • The South African Search and Rescue Organisation (“SASAR”) was established by the south African Maritime and Aeronautical Search and Rescue Act, 2002 (Act No. 44 of 2002) (“ the Act” ), as an authority responsible for the co-ordination of maritime and aeronautical search and rescue regions. • The Act provides for the requisite legal framework for the provision of a search and rescue service in South Africa. • The Act also incorporates the International Convention on Maritime Search and Rescue, 1979 and Annex 12 to the Convention on International Civil Aviation , 1944. 2

  3. 3.OBJECTS OF THE BILL • To amend the South African Maritime and Aeronautical • Search and Rescue Act 2002 (Act No. 44 of 2002) • To insert certain definitions and to amend others; to expand membership of the SASAR, to empower SASAR to perform its function in terms of international agreement outside the Republic’s search and rescue region • To empower SASAR to determine procedures to be followed in conducting meetings of the sub-committee of SASAR; to explain how meetings of this committee should be held 3

  4. 4. OBJECTS OF THE BILL CONT…. • To reword certain sections of the Act; to realign • the section of the Act and to delete obsolete • provisions • To amend the reference to the Aviation Act; 1962 • (Act No. 74 of 1962) with the current reference • of the South African Civil Aviation Act, 2009 (Act • 13 of 2009) • To compel license holders of aerodromes, • airfields, heliports and helistops to file emergency • plans with the rescue co-ordination centre; to • expand the reporting centres where a person can • report an aircraft or vessel in distress 4

  5. 5. OBJECTS OF THE BILL CONT… • To spell out the objectives of the aeronautical and • maritime rescue co-ordination function • To expand the scope of the regulation making power • of the Minister and to provide for matters connected • therewith. 5

  6. The Bill has 19 clauses, the salient features of which are as follows: Clause 1 is a standard provision that defines certain words and expressions Clause 2 and 3 rephrase the wording of section 2 and section 4 Clause 4 amends section 5 by expanding the membership of SASAR and spell out the committees and sub-committees of SASAR Clause 5 empowers SASAR to perform its functions outside the Republic`s search and rescue regions in accordance with the conventions 6. CLAUSE BY CLAUSE EXPLANATION OF THE BILL 6

  7. - Clause 6 provides for alternative persons to preside over executive committee meetings of SASAR and also determines the procedures to be followed in subcommittees of SASAR - Clause 7 determines how meetings in the committee and subcommittees should be held - Clause 8, 9, 10 and 11 is amendment by realigning and rephrasing of the sections of the Act - Clause 12 deals with rephrasing of words in the section and deleting absolute provisions - Clause 13 provides for reference to the current Legislation . 7. EXPLANATION CONT…. 7

  8. 8. CONT…… • Clause 14 makes it compulsory for rescue plans to be filed with rescue co-ordination centre and deletes absolute provisions • Clause 15 places a duty to a person who believes that an aircraft is in distress to report such incident • Clause 16 spells out the objectives of aeronautical and maritime co-ordination functions • Clause 17 makes it a duty on SASAR to submit a report on its activities to the Minister once a year • Clause 18 expand the scope of regulations making by the Minister 8

  9. 9. CONTI…. - Clause 19is a standard provision dealing with the short title and commencement of the envisaged Act 9

  10. 10. CONSULTATION • Before the Bill was published for comments , the Bill was discussed and approved for public consultation by SARSAR committee members contemplated in section 5 of the principal Act. • The Bill was Published in Government Gazette No. 33126 on the 23rd April 2010, Notice No. 538 of 2010. • Upon publication of this Bill, Comments were received from the following: - South African Maritime Authority (SAMSA) - Air Traffic and Navigation Services of South Africa (ATNS). 10

  11. 10. CONSULTATIONCONT…. • All comments received were incorporated in the Bill. • The Bill was also presented to the JCPS Cluster on the 8th May 2012 and the International Cooperation, Trade and Security Cluster on the 10th March 2012 and both Clusters approved the Bill to be introduced into Parliament. 11

  12. 11. REQUEST • We request the Portfolio Committee to consider and approve the Bill. 12

  13. THANK YOU DANKIE ENKOSI 13

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