Airports Company Amendment Act 2 of 1998

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2 of 1998

The Airports Company Amendment Act 2 of 1998 intends:

  • to amend the Airports Company Act, 1993, so as
    • to amend certain definitions;
    • to provide for the company to change its name;
    • to exempt the company further from certain provisions of the Companies Act, 1973;
    • to substitute or delete certain obsolete references;
    • to provide that the SharehoIding Minister’s right to receive the annual report is based on the State’s shareholding;
    • to provide for an unlimited number of shareholders;
    • to provide for the transfer of the State’s shares in the company in order to introduce a strategic equity partner to the company and certain empowerment initiatives;
    • to provide for the use of the proceeds of the sale of the State’s shares in the company; 
    • to provide that the objects of the company are as set out in its memorandum of association;
    • to make it cIear that the company has the powers of a company registered in terms of the Companies Act, 1973, subject to limitations in the Airports Company Act, 1993;
    • to limit the level of financial risk posed to the core aeronautical activities of the company by its other activities;
    • to ensure that relevant activities are performed;
    • to make it clear that the company may raise or receive income from sources other than airport charges;
    • to delete certain obsolete transitional and other provisions;
    • to delete the requirement to submit a business plan to the Shareholding Minister;
    • to delete the restriction on the sale of expropriated land and to further regulate expropriation in accordance with the Expropriation Act, 1975;
    • to refine the provisions regarding certain orders by the Minister and to decriminalise the breach of such order;
    • to adjust the provisions regarding the economic regulation of the company, the sale or closure of certain airports and the curtailment of relevant activities by the company;
    • to further regulate the acquisition or construction of an airport by the company;
    • to enhance the provisions relating to the company’s failure to comply with the Act;
    • to expand the Minister’s specific regulation-making powers;
    • to limit the Minister’s general regulation-making powers; and
    • to amend the long title; and
  • to provide for matters connected therewith.

Commencement

17 March 1998

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