National Policy on Airports and Airspace Management Green Paper

5. Integration of the airport into its environment

6. Human resource development and training

Annexure A

This Green Paper is an interim product of the process to formulate a national policy on airports and airspace management, which began in the middle of last year.

A Green Paper is a consultative document. It is designed to stimulate responses from the public and interested parties to enable the Government to formulate policy. A White Paper sets out Government Policy. This Green Paper therefore does not as yet represent the Government's policy, but is meant as a basis for discussion. It is essential that the public and interested parties play a major role in the formulation of Government policy.

Persons wishing to submit comments, should write or send a fax to:

Department of Transport
Private Bag X193
PRETORIA
0001

For attention: Mr JJ Smit
Deputy Director-General: Transport
Fax : (012) 328 6530

The closing date for submissions is 15 August 1997.

Foreword

The publication of the Green Paper on National Policy on Airports and Airspace Management is another milestone in the reform of transport policy in South Africa. The White Paper on National Transport Policy was tabled and approved by Parliament on 18 September 1996. On several occasions, the Minister of Transport, Mac Maharaj, indicated that 1997 would be the year of delivery; meaning that bold steps would be taken this year, to implement the new transport policy.

The White Paper specifically refers to airports and airspace matters and states, as one of the implementation priorities, that a national policy on airports and airspace matters will be formulated. The Department of Transport initiated the process in the middle of 1996, and, in conjunction with its provincial counterparts, embarked on a study to develop such a policy. Stakeholders have also been involved in this process. A large number of organisations participated in the two plenary meetings and the nine provincial workshops.

When reading this Green Paper, the reader will find that it supports the transport policy goals and objectives (some of which are discussed below), as set out in the White Paper.

Safety, security, reliability, quality and the speed of transport are all goals mentioned in the White Paper. Particular attention was paid to these in order to continually enhance all aspects of civil aviation, for example we wish to extend the safety net by means of the proposal to license all airports; albeit at different, but appropriate levels of safety.
The goals of improving South Africa's competitiveness, investing in transport infrastructure which satisfies social, economic or strategic investment criteria and achieving this in a manner which is economically and environmentally sustainable, together weave the golden thread which runs through this Green Paper. You will find that these goals form the foundation for the majority of the policy statements.
We have specifically focused on the goals of the RDP by including a section on human resource development. We also promote community involvement in those decisions which affect them, and encourage the implementation of economic principles which will stimulate economic growth.
Finally, satisfying users' needs was naturally one of the driving forces behind the policy in this Green Paper. Particular policy statements were included to ensure future user and stakeholder participation in certain consultation processes.

The Department of Transport once again wishes to give all stakeholders an opportunity to comment on the proposed policy, before the final policy proposals are submitted to the Minister of Transport, the Ministerial Conference of Minister of Transport (MINCOM) and eventually the Cabinet, for their consideration. I therefore invite anyone to submit his or her written comments to the Department of Transport, Private Bag X193, PRETORIA or facsimile (012) 328 6530 on or before Friday, 15 August 1997.

Finally, I wish to give recognition to, and thank, everyone who has participated in this policy formulation process thusfar.

JJ SMIT
Deputy Director-General: Transport, and Commissioner for Civil Aviation
June 1997

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1. INTRODUCTION

The White Paper on National Transport Policy, published in September 1996, identified the need to formulate a national policy on airports and airspace management. The Government's policy proposals are set out in this Green Paper.

This section briefly explains the need to formulate such a policy. Then it describes the objectives of the study which led to the formulation of this policy; the approach followed in formulating the policy; the study organisation; the purpose of this document; and finally, the outline of the rest of this document.

1.1. NEED TO FORMULATE A POLICY

The need to formulate a national policy on airports and airspace management has, in the main, arisen from far-reaching changes which have occurred in recent years in South Africa in general and in civil aviation in particular. These changes include the following:

The coming into existence of a new Constitution, namely the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), in terms of which certain specific functions affecting the provision and operation of airports have been allocated to provincial and local government
The deregulation and liberalisation of the domestic and international air transport markets
The increase in the numbers of passengers, international tourists and airline operators
The commercialisation of the former State airports and air traffic and navigation services through the establishment of State-owned companies. The Airports Company Ltd (ACL) now owns and is responsible for the management of the former State airports, whereas the Air Traffic and Navigation Services Company Ltd (ATNS), is responsible for the management and provision of air traffic and navigation services. In addition, an independent economic regulator (the Regulating Committee) has been established to oversee the conduct of these two companies.
The transfer of airports, airport personnel, and the personnel and infrastructure associated with the provision of air traffic and navigation services, from the former independent States and self-governing territories, to the new provinces
Major technological innovations in the area of air navigation, for example, the move away from land-based, to satellite-based navigation systems (internationally referred to as Global Navigation Satellite System (GNSS)), and the implications thereof for airspace utilisation and management
South Africa's re-entry into the regional and international aviation community, which implies certain rights and obligations (e.g. membership of international organisations and entering into treaties)
The current comprehensive updating and redrafting of aviation regulations
The current restructuring of the Chief Directorate: Civil Aviation Authority (CDCAA) to deal with aviation safety matters in an independent and more financially self-sufficient manner.

1.2. OBJECTIVES OF THE STUDY

The objectives of the study are as follows:

To formulate, in consultation with major role players and stakeholders, a national policy on airports and airspace management for the consideration of and approval by the Government
To advise the Government on the implementation of such policy
To assist with the preparation of draft legislation to implement the proposed policy.

1.3. APPROACH TO THE POLICY FORMULATION PROCESS

A phased approach was adopted for this study. This approach provided a systematic framework for the identification and definition of issues, and for the resolution of these issues.

The phases were as follows:

Phase 1 : Situational assessment
Phase 2 : Identification and verification of issues
Phase 3 : Policy framework
Phase 4 : Policy development
Phase 5 : Approval and implementation of policy.

The purpose of Phase 1 was to conduct a situational assessment with a view to determining the relevant status quo information on those aspects which had to be addressed during this study, particularly in order to -

provide background information and facilitate an understanding of the current situation;
assist in the identification and definition of issues; and
enable a reasonable evaluation of options formulated for resolving the identified issues in the later phases of this study.

The purpose of Phase 2 was to identify the issues that needed to be addressed in the course of the study, by analysing the results of the situational assessment. These initial issues were supplemented and verified during a plenary meeting with stakeholders, and during stakeholder workshops in each of the nine provinces.

The purpose of Phase 3 was to develop a policy framework within which the identified issues would be resolved and the proposed policy formulated. This entailed the development of a vision for airports and airspace management, as well as identifying strategic objectives and guiding principles.

The purpose of Phase 4 was to formulate policies on the key issues identified. Options were evaluated within the policy framework developed during Phase 3. Another plenary meeting was held during this phase to consider and debate the draft policy proposals.

The purpose of Phase 5 is to obtain acceptance and the Government's approval of the proposed policy and to commence the implementation thereof, including the drafting of legislation. The publication of this Green Paper represents the commencement of this phase.

It was important that the basic approach to the policy development process be identified at the outset. The White Paper on National Transport Policy was used as a point of departure in this regard. In line with goals listed in the White Paper on National Transport Policy, four motivations, inter alia, have guided the development of policy proposals:

Supporting of the goals and objectives of the Reconstruction and Development Programme (RDP), namely meeting basic needs, growing the economy, developing human resources and democratising decision-making
Promoting good labour relations and a healthy and safe work environment, together with the promotion of training and integration of staff from all communities, is considered a key element for organisations involved with airports and airspace matters
Creating opportunities, where possible, for small, medium and micro enterprises (SMMEs)
Meeting users' needs.

1.4. STUDY ORGANISATION

The Ministerial Conference of Ministers of Transport (MINCOM), consisting of the national and the provincial Ministers of Transport, acts as the decision-making body for this study. MINCOM constituted a subcommittee, called the MINCOM Committee on Airports and Airspace Management (MINCAAM), consisting of officials of the relevant national and provincial departments, to liaise between MINCOM and the professional team. The following persons served on MINCAAM:

Mr JJ Smit* National Department of Transport (DOT) and Commissioner for Civil Aviation (CCA), as Chairperson
Mr RW van Zyl* DOT
Ms CN Mhlongo* DOT
Ms V Lipman* DOT
Mr H Pretorius* DOT
Dr ME Mokeyane* Free State
Mr T Peege* Northern Province
Mr SL Huckwell* ACL
Mr A Bradshaw* ATNS
Col E Hart* South African Air Force (SAAF)
Mr H Erasmus Eastern Cape
Mr JO Exter Gauteng
Mr SL Burnett Gauteng
Mr T Manyathi Kwazulu-Natal
Mr NJ Mabilo Mpumalanga
Mr P Fanner Northern Cape
Mr A Lekoloane Northern Province
Mr G Molokwane North West Province
Mr MN Spence Western Cape

A Management Committee (MANCOM) was constituted to oversee the day-to-day management of the study. Members of MINCAAM who also served on MANCOM are indicated by an asterisk (*).

The DOT appointed a professional team of consultants, consisting of Africon, BKS, Ernst & Young, Moseneke & Partners and Airways Consulting Limited (New Zealand), to assist with the formulation of the policy. The professional team comprised-

Dr V Prins Africon, as project leader
Mr OAW van Zyl BKS
Mr WC Victor Africon
Mr JH Venter BKS
Mr HJ Wiese Ernst & Young
Ms S Busvine Ernst & Young
Ms N Qaba Moseneke & Partners
Mr P Woodrow vAirways Consulting Limited.

The professional team did the necessary research and investigations, and reported the results of such research and investigations to MANCOM and MINCAAM in working documents. The following working documents were prepared during the course of the study:

Situational assessment, dated 12 August 1996
Report on the formulation of policy on airspace management in New Zealand, dated September 1996
Background information for the first plenary meeting, dated 17 September 1996
Report on the first plenary meeting held on 17 September 1996, dated 27 November 1996
Special report on the consolidation of issues for the MINCAAM workshop, dated 31 January 1997
Issues document, dated 18 March 1997
Working document on guidelines for a national policy on airports and airspace management arising from broad government policy, dated 6 March 1997.

Stakeholders were consulted at two plenary meetings which were held on 17 September 1996 and 19 May 1997 respectively, and at nine provincial workshops which were held during October and November 1996.

1.5. PURPOSE OF THIS DOCUMENT

This document is the Green Paper on National Policy on Airports and Airspace Management.

This Green Paper contains the Government's proposed policy on the subject of airports and airspace management. The purpose of the Green Paper is to solicit general comments on the proposed policy, before finalising it as a White Paper.

1.6. OUTLINE OF THIS DOCUMENT

This document consists of six sections, the first of which is this introductory section.

Policy guidelines are formulated in Section 2. These were derived from broad government policy.

In Section 3, policies on airports and their operation are put forward, while Section 4 is devoted to airspace matters. Policies concerning the integration of airports into their environment are contained in Section 5. Human resource development and training are attended to in Section 6.

Annexure A provides a list of the terms and their meanings used throughout the Green Paper.

The abbreviations and acronyms used in this Green Paper are listed below:

ACL	Airports Company Limited
ADO	Air Direction Officer
AIP	Aeronautical Information Publication
ANS	Air navigation services
ATC	Air traffic control
ATNS	Air Traffic and Navigation Services Company Limited
ATS	Air traffic services
CCA	Commissioner for Civil Aviation
CDCAA	Chief Directorate: Civil Aviation Authority, within the Department of Transport
CNS/ATM	Communication, navigation and surveillance/air traffic management
COLTO	Committee of Land Transport Officials
CTP	Constitutional Transformation Project
DOF	Department of Finance
DOT	National Department of Transport
ETQA	Education and Training Quality Assurance
FIR	Flight information region
GNSS	Global Navigation Satellite System
ICAO	International Civil Aviation Organisation
MANCOM	Management Committee for this study
MINCAAM	MINCOM Committee on Airports and Airspace Management
MINCOM	Ministerial Conference of Ministers of Transport
MOU	Memorandum of Understanding
NASCOM	National Airspace Committee
NQF	National Qualifications Framework
RDP	Reconstruction and Development Programme
SAAF	South African Air Force
SADC	Southern Africa Development Community
SANDF	South African National Defence Force
SAQA	South Africa Qualifications Authority
SAR	Search and rescue
SASAR	Southern African Search and Rescue Organisation
SETO	Sectors Education and Training Organisation
SMMEs	Small, Medium and Micro Enterprises
TMA	Terminal movement area
TPR1	Transport Planning Requirements 1: Requirements for the Preparation of a Provincial Transport Framework
TPR2	Transport Planning Requirements 2: Transitional Information Requirements for Public Passenger Transport

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2. POLICY GUIDELINES

This section describes the policy environment in which the policy proposals on airports and airspace management were formulated. The section is concluded with the proposed strategic objectives for a new policy, as well as the proposed basic principles on which the new policy is to be based.

2.1. POLICY ENVIRONMENT

The proposed policy on airports and airspace management has to be consistent with and complement the Government's broad strategic, economic and social objectives. For this reason it was necessary to consider the broad policy framework within which this functional policy had to be formulated. Broad government policy is contained in various policy documents, and implemented through various Acts of Parliament.

For the purposes of this study, the following four tiers of government policies were considered:

The Constitution, 1996
General social and economic policies
Transport policy
Aviation policy.

The Constitution, 1996, and the Constitutional Transformation Project (CTP) are documents of national importance and are discussed in detail later in this section.

The Government's policies on social and economic aspects are contained in a number of documents. Some of the more salient ones which were also considered during this study, are listed below:

RDP
RDP White Paper
Development Facilitation Act, 1995 (Act No. 67 of 1995)
White Paper on the Development and Promotion of Tourism in South Africa
National Framework Agreement
Growth, Employment and Redistribution: A Macro-economic Strategy (GEAR)
National Strategic Vision
Discussion Document by the Government of National Unity on the Consultative and Implementation Framework for the Restructuring of State Assets
Proposal for a National Spatial Development Framework
Towards a National Growth and Development Strategy
White Paper on Defence.

The most recent transport policy directive issued by the Government is the White Paper on National Transport Policy. This White Paper reflects the Government's transport priorities in the context of its broad social and economic policies, hence the special attention given to this document. A detailed summary of transport policy objectives and principles is presented later in this section. The recently approved Land Transport bill is also an important document, especially in the context of integrating airports into the land transport planning process.

The following aviation policies, along with the various aviation-related legislation, were taken into consideration during this study:

Domestic air transport policy, May 1990
International aviation policy, March 1992
Policy on State airports and air traffic and navigation services, July 1992.

Due to their importance, the Constitution, 1996, and the recently published White Paper on National Transport Policy, are discussed in more detail in the following subsections.

2.2 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA AND THE CONSTITUTIONAL TRANSFORMATION PROJECT

The Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), which came into effect on 4 February 1997, provides for the supremacy of the Constitution and states that any law or act inconsistent with its provisions shall be of no force and effect, to the extent of such inconsistency. This means that all airports and airspace management legislation and policies must conform to the provisions of the Constitution, 1996, in order to be of any force or effect. For this reason, special attention is given to the provisions of the Constitution, 1996, in so far as these could have an effect on the new policy on airports and airspace management. The Constitution, 1996, also specifically refers to airports, when allocating functions to national and provincial governments. Furthermore, some of the other functions allocated to the various tiers of government, in terms of the Constitution, 1996, could also have an impact on airports and airspace management.

2.2.1. Provisions of the Constitution, 1996

Schedule 4 of the Constitution, 1996 lists Functional Areas of Concurrent National and Provincial Legislative Competence. The functions which could have an impact on airports and airspace management include the following:

Airports, other than international and national airports
Environment
Public transport
Regional planning and development
Road traffic regulation
Tourism
Trade
Urban and rural development.

Part B of Schedule 4 lists local government functions. Those which could be of relevance in the context of this proposed policy, include -

municipal airports and
municipal public transport.

Schedule 5 of the Constitution, 1996, lists Functional Areas of Exclusive Provincial Legislative Competence. Some of the functions which could be relevant in formulating a policy on airports and airspace management are-

provincial planning and
provincial roads and traffic.

Schedule 5 also has a Part B, for local government matters. Some of the relevant matters listed in Part B include -

municipal roads,
noise pollution and
traffic and parking.

With regard to the functional areas listed in Schedule 4, both the national and provincial tiers of government may pass legislation. If there is any conflict, the provincial legislation prevails over national legislation, except in the following instances where national legislation prevails over provincial legislation:

National legislation deals with any matter that cannot be regulated effectively by individual provincial legislation
National legislation provides for necessary uniformity by establishing norms and standards, frameworks or national policies
National legislation is necessary for the maintenance of national security or economic unity, the protection of the common market or the environment, and the promotion of economic activities across provincial boundaries and of equal opportunity or equal access to government services
National legislation is necessary to prevent unreasonable action by a province, where such action is prejudicial to the economic, health or security interests of another province, or to the country as a whole.

Although the functional areas in Schedule 5 are exclusive provincial competencies, Parliament may, when it is necessary to maintain national security, economic unity and/or essential national standards, intervene in order to establish the minimum standards necessary for the rendering of services, or to prevent unreasonable action of one province towards another or to the whole country.

2.2.2. The Constitutional Transformation Project

It is clear that the Constitution, 1996, does not provide detailed solutions for the allocation of functions and responsibilities between the three tiers of government, but only provides the principles and broad guidelines. The more detailed allocation must be negotiated between the different tiers of government. During 1994, the national Minister of Transport and the nine provincial Ministers of Transport negotiated such a division or allocation of functions and responsibilities through the Constitutional Transformation Project (CTP), which was finally approved by MINCOM on 23 January 1995.

The CTP concludes that civil aviation will remain a primary national function, with the exception of airports other than international and national airports. The reasons for this are, firstly, that the main component of civil aviation entails the setting of minimum standards which are developed from international standards and guidelines set by the International Civil Aviation Organisation (ICAO), established in terms of the Convention on International Aviation, 1944 (the Chicago Convention). Secondly, the fundamental interrelationship between the licensing of domestic air services and international air services occurs within the framework of international bilateral agreements. Since both the setting of minimum standards and international relations vest in the national Government, the major part of civil aviation should be a national function. The CTP document also states that the administration of civil aviation functions by the DOT, in the guise of the CCA and the CDCAA, shall continue as in the past.

The CTP document points out that while the Constitution, 1996, refers to airports other than national or international airports, it does not provide any criteria for the classification of national, international and other airports. It goes on to suggest that the most appropriate interpretation (for its purposes) is that the reference to airports other than national and international airports is a reference to all airports other than those airports owned by the ACL. In other words, the national and international airports referred to in Schedule 4 of the Constitution, 1996, are the airports owned by the ACL.

The CTP came to the conclusion that, in view of the overlap between civil aviation matters and other areas in which the provinces exercise powers, a consultative and co-ordinative relationship should be developed between the national and provincial governments. This could be achieved in a Civil Aviation Committee which would be similar to the Committee of Land Transport Officials (COLTO) and other co-ordinating committees, and which would also fall under MINCOM.

With regard to policy development, it is stated in the CTP document that civil aviation policy would largely be administered from one tier of government. Provinces may develop their own policies with regard to airports other than international and national airports, but such policies will have to be addressed as part of the consultative process between national and provincial governments in the proposed Civil Aviation Committee.

Referring to the planning, construction and development of airports, the CTP document states that because of its safety regulation function in terms of international conventions, the national Government has an interest in the planning and location of all airports. The provinces' interest in all airports, irrespective of their classification, relates to the impact which any airport development may have on their other functions, for example with regard to -

regional planning and development;
urban and rural development;
the environment;
tourism and trade; and
industrial promotion.

The CTP concluded, at that stage of the implementation of the Interim Constitution, that all airports not belonging to the ACL, local authorities or private owners would become provincial assets. These include airports at Mmabatho, Bisho, Umtata, Thohoyando, Thaba Nchu and Pilanesberg.

In conclusion, the CTP could be summarised as follows:

Civil aviation will remain primarily a national function
Consultation on matters relating to airports must take place between national and provincial governments
The national Government's interest in the planning and location of airports relates to safety aspects, while provincial governments' interests relate to the impact of airports on other provincial functions
All airports not belonging to the ACL, local authorities or private owners, would become provincial assets.

2.3. WHITE PAPER ON NATIONAL TRANSPORT POLICY: GUIDELINES FOR DEVELOPING A NATIONAL POLICY ON AIRPORTS AND AIRSPACE MANAGEMENT

The White Paper on National Transport Policy acknowledges that the role of transport is the smooth and efficient interaction which allows society and the economy to assume their preferred roles. To perform this role, the White Paper states that policies in the transport sector must be outward-looking, shaped by the needs of society in general and the users or customers of transport, and by the economy that transport has to support. The White Paper also acknowledges that the priorities in providing and using the transport system should be consistent with those that have been set for the country as a whole. These priorities are summed up in the elements of the RDP. The White Paper therefore presents an interpretation of national priorities and policies for transport in general, but makes specific reference to aviation. Accordingly, the strategic objectives and policy principles embodied in the White Paper are of particular relevance to the formulation of a national policy on airports and airspace management.

The content of the White Paper is briefly summarised under the following headings:

Visions and missions
Transport goals
Principles.

2.3.1. Visions and missions

The White Paper on National Transport Policy sets out various visions and missions. Some of the more salient ones are quoted below:

Firstly, the overall transport vision for South Africa is important and needs to be taken into account:

"Provide safe, reliable, effective, efficient, and fully integrated transport operations and infrastructure which will best meet the needs of freight and passenger customers at improving levels of service and cost in a fashion which supports government strategies for economic and social development whilst being environmentally and economically sustainable."

Secondly, airports and the airspace are part of the broader aviation sector. The aviation mission is therefore also significant:

"To maintain a competitive civil aviation environment which ensures safety in accordance with international standards and enables the provision of services in a reliable and efficient manner at improving levels of service and cost while contributing to the social and economic development of South Africa and the region."

Thirdly, airports and the country's airspace are important components of the South African transport infrastructure. The vision for transport infrastructure is therefore quoted below:

"As part of the overall long-term vision for the South African transport system, transport infrastructure will -

be in place for South Africa to be a hub of transport within the Southern Africa Development Community (SADC) region;
be promoting sustainable economic development by removing constraints on latent demand in development corridors at local, provincial, national and regional level and be providing the catalyst for private investment;
be structured to encourage public transport and to discourage excessive private transport in urban areas;
allow for seamless intermodalism;
be financed through a combination of user-charges and private/public sector investments;
provide adequate accessibility together with safety and security within the constraints of social affordability;
incorporate technological advances which promote and enhance the role of transport in the economy and development; and
be structured to ensure environmental sustainability and internationally accepted standards."

Fourthly, the mission for transport infrastructure is equally important in this regard, and reads as follows:

"To provide an integrated, well-managed, viable and sustainable transport infrastructure meeting national and regional goals into the 21^st century, in order to establish a coherent base to promote accessibility and the safe, reliable, effective and efficient movement of people, goods and services."

Fifthly, the mission for land passenger transport is also important because of the impact that airports have on their environment. The mission is quoted below:

"The promotion of a safe, reliable, effective, efficient, co-ordinated, integrated, and environmentally friendly land passenger transport system in South African urban and rural areas, and the southern African region, managed in an accountable manner to ensure that people experience improving levels of mobility and accessibility."

The above missions and visions were all considered in the formulation of the policy proposals in this working document.

2.3.2. Transport goals

The transport goals in the White Paper on National Transport Policy can be summarised as follows:

To support the goals of the RDP for meeting basic needs, growing the economy, developing human resources, and democratising decision-making
To enable customers requiring transport for people or goods, to access the transport system in ways which best satisfy their chosen criteria
To improve the safety, security, reliability, quality and speed of transporting goods and people
To improve South Africa's competitiveness and that of its transport infrastructure and operations, through greater effectiveness and efficiency, to better meet the needs of different customer groups, both locally and globally
To invest in infrastructure or transport systems in ways which satisfy social, economic, or strategic investment criteria
To achieve these objectives in a manner which is economically and environmentally sustainable, and which minimises negative side effects.

2.3.3. Transport Policy Principles

The White Paper on National Transport Policy also defines a number of policy principles. These are summarised below.

2.3.3.1. Role of the Government

The Government will focus on policy and strategy formulation and on substantive regulation, which is its responsibility.

The Government will reduce its direct involvement in operations and in the provision of infrastructure.

The Government will allow for a more competitive environment.

The Government will emphasise strategic planning.

The Government will retain its regulatory role to ensure unbiased regulation of safety and quality in general, to control market access where this is necessary, and to prohibit excessive tariffs in cases of monopolies.

2.3.3.2. Institutional principles

The White Paper recognises the fact that public policy-making is carried out in various tiers of government. This leads to national policy being broad in nature and providing the framework within which more detailed policy can be made in provincial and local authority tiers. Relationships between the various tiers of government, therefore, need to be spelled out clearly in any functional policy.

2.3.3.3. Inter-governmental matters

Intergovernmental matters are the exclusive responsibility of the national Government. Therefore the national Government is responsible for liaising with the governments of other countries or with inter-governmental organisations.

The national Government will consult with provinces, where appropriate, with regard to relations between South Africa and its neighbouring countries, especially SADC countries.

On a regional basis, integrated transportation systems are required to link the South African economy with those of the region.

2.3.3.4. National/provincial relations

Shared responsibilities regarding certain transport activities will be a matter of negotiation and agreement between the national and provincial governments.

Where it is in the national interest to have uniformity, the national Government will play a major role. Where flexibility is required, or where there are reasons for different approaches in the different provinces, a joint approach may be appropriate, with the provinces legislating and implementing such approach as appropriate.

The integration and co-ordination of policy between national and provincial levels will be facilitated through MINCOM.

The devolution of responsibilities could be phased in, to enable the establishment of capacity in the provinces.

2.3.3.5. Provincial/local relationships

Relationships between provincial and local governments should be able to function with little involvement by the national Government.

2.3.3.6. Non-governmental and statutory bodies

The institutional positions of non-governmental and statutory bodies, for example the ACL, are currently under review as part of the process of restructuring State assets. If possible and timely, the outcome of this review will be considered as part of this policy-making process.

2.3.3.7. Arms-length commercial institutions

The White Paper highlights the fact, and accepts as a principle, that certain elements of Government's current activities could be undertaken more efficiently and cost-effectively in specialised environments, resulting in higher levels of service to customers, and in such services being possibly paid for by direct or indirect user charges. This approach will be considered in cases where "economic infrastructure" is concerned, where skills are required which government departments have difficulty in retaining and where, within the current legal, financial, and institutional framework, the Government has difficulty in operating. Aviation safety is, for instance, one of the identified areas, and hence the current investigation into the restructuring of the CDCAA.

2.3.3.8. Financing principles

The White Paper distinguishes between elements of "economic" infrastructure and operations which are able to provide a measurable economic or financial return, and elements of infrastructure and operations which cannot, or should not, be paid for by the user, but which provide social benefits.

The first category includes infrastructure, such as primary roads, railways, airports and ports, where the principle of user-charging or cost recovery from direct users will be applied as far as possible. The Government will, in the case of such infrastructure and services, strive to prevent any actions of State from distorting pricing.

In the case of socially necessary infrastructure and services, the Government will contribute financing. It will also strive to level the playing fields in this case, and will promote competition where appropriate.

2.3.3.9. Management, regulations and control

The Government will strive to link the cost of management, regulation and control, with the tangible and intangible benefits thereof. In principle, such benefits should be higher than their cost. The Government also intends to regulate only where it is essential.

2.3.3.10. Human resource development

The Government will move towards a culture in which labour is seen as a resource and not merely a production cost.

The Government will assume some responsibility for enhancing capacity and for improving the human resource pool in the transport sector. The Government, however, does not accept sole responsibility for human resource development, and looks to the private sector to assist in overcoming the challenge.

2.4. PROPOSED STRATEGIC OBJECTIVES FOR A NATIONAL POLICY ON AIRPORTS AND AIRSPACE MANAGEMENT

The following proposed strategic objectives were derived from the above policy framework:

To provide accessible, safe, secure, reliable, effective, efficient and, where appropriate, integrated transport operations and infrastructure
To meet the needs of all users
To continually improve levels of service and cost-effectiveness
To support the Government's strategies for economic and social development (nationally and provincially)
To be environmentally and economically sustainable, where appropriate
To foster a sound financial base for aviation infrastructure
To promote the national interests of South Africa in general, and to facilitate and enhance the expansion of trade and tourism in particular
To further promote the development of an efficient and productive aviation industry which is capable of competing both domestically and internationally
To create a competitive environment with a view to enhancing consumer choice and maximising the satisfaction of needs
To support the RDP's goals and objectives, including the development of human resources, meeting basic needs and broadening participation in the economy through aviation
To protect the sovereignty of the country's airspace, which is vested in the State
To promote relations with other countries, groups of countries and related regional and other international organisations
To promote South Africa's competitiveness and that of the provinces
To ensure compatibility with global and regional planning as envisaged by ICAO
To improve the level of safety, security, reliability and effectiveness at airports generally
To ensure optimal use of the country's airspace, and associated infrastructure, in the most flexible way, with the minimum constraints
To promote familiarisation with the aviation industry, and an understanding of its contribution to the economy
To promote a national network of sustainable airports and air traffic service providers
To clearly designate responsibilities with regard to airport and airspace management
To ensure integrated aviation planning with regard to airports and airspace management.

2.5. BASIC PRINCIPLES FOR A NATIONAL POLICY ON AIRPORTS AND AIRSPACE MANAGEMENT

The following basic principles were formulated to focus the new policy further and to ensure that it is in line with broad government policies:

Aviation safety is of paramount importance and should be highlighted as far as possible
Users' needs and views should specifically be taken into consideration
Civil aviation will primarily remain a national function, especially the regulation of safety standards in accordance with international standards
The national Government will retain its regulatory role to ensure the unbiased regulation of safety and quality in accordance with international standards
Regulation should be kept to a minimum, but without compromising aviation safety
Participants in the market should be treated equally before the law
The Government will reduce its direct involvement in operations and in the provision of airport and air navigation infrastructure
Airports and infrastructure associated with air navigation are "economic" infrastructure, hence the principle of user charging or cost recovery from direct users should be applied as far as possible
Sovereignty of the country's airspace should be retained and should continue to be vested in the State
Competition should be promoted as a means of improving levels of service and decreasing costs
Subject to market discipline, the necessary funding for the establishment and maintenance of airports and air navigation infrastructure should be arranged through one of the following options:
- Public ownership, and operated by State departments, including local government structures (for socially necessary infrastructure)
- Public ownership and operated through a State enterprise or agency
- Private ownership and private operation
- Joint ventures between the public and private sectors.
Subject to the type of demand, the development of airports and air navigation infrastructure should be justified by one of the following options:
- Commercial justification
- Socio-economic justification
- A combination of the above.
The planning and integration of airports into the broader transport network should be co-ordinated in the appropriate tier of government, for example international planning and integration at national government level, regional planning and integration at provincial/regional government level, and localised planning and integration at a local government level.

2.6. PROPOSED POLICY

It is recommended that the proposed strategic objectives and basic principles be accepted as the guiding framework for a national policy on airports and airspace management.

[ Top ]

3. AIRPORTS

This section deals with the policy proposal on airports and their operation.

3.1. INTRODUCTION

3.1.1. Definition

An airport, including a heliport, is seen as-

"A defined area on any land or water or building intended to be used either wholly or in part for the arrival, departure or movement of aircraft, and includes any building, installation or equipment within any such area which is intended to be so used."

The term airport is used rather than the term aerodrome, which is more generally used in legislation and ICAO publications. The two terms are considered synonymous for the purpose of this document. In airspace matters the term aerodrome is, however, preferred as can be seen in Section 4, since it is more peculiar to the technical terminology used in that sector.

3.1.2. Scope

This key policy area is intended to provide national policy on civil aviation airports. Military airports are only dealt with in so far as they interface with civil aviation airports.

Possibilities for the restructuring and transformation of the ACL are at present being discussed by groups established within the National Framework Agreement and have been expressly excluded from this policy study. As noted in Section 2, if possible and timely, the results of these discussions will be incorporated into this policy.

In South Africa there are approximately 150 licensed public airports, including the nine ACL airports and the 14 provincial airports, and approximately 60 licensed private airports. Public airports, in this context, refer to airports which are accessible by the general public, whereas private airports refer to airports which can only be used by prior permission of the owner or licensee. Many of the smaller airports are not necessarily viable, or may duplicate others nearby. It is estimated that there are approximately 600 unlicensed airports. A licence is required for airports where commercial aircraft services arrive and depart. Licensing is the instrument which the Government uses to exercise safety controls.

The provincial airports have mainly been inherited from the former independent States and self-governing territories. The majority of airports in South Africa are currently owned at a local authority level.

Approximately 40% of the aircraft in South Africa are used for non-commercial sport and leisure aviation, and many of them operate from the smaller airports which are not necessarily viable. These airports thus fulfil a very specific function.

This national policy on airports will provide a framework within which airport institutions - government (provincial and local), statutory (e.g. the ACL) and the private sector - should tailor their own individual policies and strategies. In addition, this policy is intended to provide direction on the need for, and the development and management of, these airports.

3.1.3. Background

The White Paper on National Transport Policy states that as a result of the commercialisation of the former State airports and the provisions of Schedule 4 of the Constitution, 1996, (i.e. that certain airports are a concurrent national and provincial function), the question arises as to what role national and provincial governments should play in respect of airports.

There is no definition of "national and international " in the Constitution, 1996, although the CTP interprets this as those airports currently owned by the ACL. The ACL currently owns and operates the nine previously State-owned airports and is a public company established in terms of the Airports Company Act, 1993 (Act No. 44 of 1993), and registered under the Companies Act, 1993 (Act No. 61 of 1973). All shares in the company are currently held by the State. The company is operated as a commercial entity at arms length from the sole shareholder.

The objects of the company are ".. the acquisition, establishment, development, provision, maintenance, management, control or operation of any airport, any part of any airport or any facility or service at any airport normally related to the functioning of an airport". The Government does not subsidise the company and loans to the company are obtained on a commercial basis from third parties. The Government does not guarantee these loans.

3.1.4. Outline

In this section, the following topics are addressed:

A vision for airports in South Africa
Sustainability and viability of airports
Commercial principles for the funding of airports
Efficient operation of airports
Communication and consultation
National development strategy for airports
Regulation
Classification and designation of airports
Military airports
Allocation of roles and responsibilities.

3.2. A VISION FOR AIRPORTS IN SOUTH AFRICA

The proposed vision for airports and airport operations in South Africa is as follows:

Airports and airport operations which are safe, secure, effective and efficient, which support RDP goals and objectives, serve the economy and meet the needs of civil aviation, and of users at cost related charges and are economically and environmentally sustainable.

3.3. SUSTAINABILITY AND VIABILITY

3.3.1. Basic premise: sustainability and viability

In the past some airports were developed for other than economic reasons. Therefore, in order to ensure that funds are optimally utilised in the future, it is necessary to introduce the concepts of sustainability and viability. These concepts cover environmental, economic and financial issues and form the basic premise on which this policy is based. Sustainable development is development that will endure, while viability requires that benefits exceed costs. Benefits and costs include economic and socio-economic concepts. Socio-economic matters include job creation, the promotion of SMMEs, the potential for tourism development, and training and developing the skills of employees.

3.3.2. Environmental sustainability

3.3.2.1. Background

It is important that investment decisions consider environmental implications, but investment decisions can only be consistent with environmental objectives if the environmental implications are identified and assessed. These assessments should be done at an early stage and should influence the design of individual projects.

3.3.2.2. Issue

Any development of a new airport will have to be environmentally sustainable and conform to the standards of provincial environmental legislation.

3.3.2.3. Considerations

Environmental assessments should take into consideration the regional effects and induced economic impacts, as well as the potential consequences of broad economic conditions.

3.3.3. Economic sustainability and viability

3.3.3.1. Background

The development of airports and transport infrastructure in general, and the development of associated industries such as tourism, hotels and conference centres in particular, could yield significant economic and socio-economic benefits for a region and for the country as a whole.

3.3.3.1. Issue

Where there is a demand, airports do provide certain developmental benefits. These, together with the high cost of building an airport, mean that there may be instances where f airport development ought to be funded from public funds. However, this should form part of a sustainable, integrated development plan and be economically justified.

3.3.3.3. Considerations

International experience indicates that infrastructure services enhance welfare and foster economic growth and development. The economic impacts of airports are generally the direct, indirect and induced effects, while the social impacts are the effect on the broader welfare of the community including job creation and the manner in which remuneration is used. However, inappropriate or inefficient investments in infrastructure might impede economic growth. Good performance is predominantly due to-

correct planning;
good prioritisation;
sufficient maintenance;
adequate competition; and
appropriate pricing policies.

In order to improve the economic viability of airports-

provision should be made for the application of sound business principles and expertise, and for the introduction of modern accounting systems, according to which the potential and actual profit or loss of each form of trading operation can be determined and the necessary expenditure traced and contained;
rentals for airport concessions should be determined through an expert investigation of sales, sales potential, management and other aspects of profitability;
rentals for airport premises should be determined after considering the local real estate expertise and market conditions;
up-to-date terms of leasing, with modern escalation provisions should be introduced;
where services could be better provided by private companies with specialist expertise, the potential for outsourcing service provision should be investigated.

3.3.4. Financial sustainability and viability

3.3.4.1. Background

Ultimately the success or failure of an airport, in financial terms, is demand-driven and depends upon the willingness of passengers, freight transporters etc. to use the facility.

3.3.4.2. Issue

Indications are that most airports are not financially sustainable or viable and therefore also not commercially justified.

3.3.5. Proposed policy

Existing and new airports should be developed and operated on the basis of sustainability and viability.

The development of new and existing airports must be justified by one of the following options:

Commercial justification
Socio-economic justification
A combination of the two.

New and existing airports should conform to the principles of environmental, economic, and where possible, financial sustainability. If the development is not financially sustainable, and government funding is required, full justification of the reasons is necessary. An analysis and evaluation should be done of the return on investment (inter alia to the country, the transport system and the customer). Long-term investment decisions should be based on sound and explicit criteria aimed at optimising the use of scarce financial, human and material resources, and environmental impact assessments should be performed as part of the process of determining the viability of a new airport or major developments at an existing airport.

Provincial governments are responsible for the enactment of adequate environmental legislation within the framework of national environmental legislation and national norms and standards.

Where existing publicly owned airports are not financially viable and sustainable, and they cannot be socio-economically or otherwise justified, every effort should be made to justify them and make them viable and sustainable. If this is not possible, alternative uses for the assets should be investigated, and could include exploiting the existing facilities for other purposes, and the partial or full redevelopment of the airport. If none of the above options are possible, the closure or sale of the airport should be considered.

3.4. COMMERCIAL PRINCIPLES FOR THE FUNDING OF AIRPORTS

3.4.1. User charging

3.4.1.1. Background

International experience indicates that successful providers of infrastructure services generally run these services on commercial principles and share four basic characteristics:

Focused goals
Financial independence
Management autonomy
Accountability for results.

3.4.1.2. Issue

At present many South African airports do not base their charges on the cost of providing services, and are not run on acceptable business principles.

3.4.1.3. Considerations

In the White Paper on National Transport Policy, airports are classified as economic infrastructure. As such, the principle of user charging or cost recovery from direct users should be applied as far as possible.

Economic infrastructure is economic in the sense that there are important links between the availability of this infrastructure and the potential for economic activity and growth.

Where possible and appropriate, user-charging principles mean that tariffs will have to be set so that the cost of providing a service is recovered from the prices that users are charged. This principle should be applied with due regard to matters of equity.

To enable airports to move towards "user-pay" principles, sound financial management and accountability will need to be introduced at all airports. It is important that airport operations be separately accountable and that, for financial transparency, each airport table its results independently.

The appropriate method of setting fees is to take into account the actual cost of service provision. Where this is not done, such method will have to be adopted. Financial systems should be put in place to enable the determination of actual costs and an accurate assessment of the level at which fees will have to be set. All airports should charge fees based on the actual cost of delivering the service. This shift towards greater accountability and transparency will help to level the playing fields between government agencies using government funds, parastatals applying user-pay principles, and private sector operators.

Many publicly owned airports currently have no accurate, recent valuation of all their assets. It is important from the perspective of financial control that each airport should have a full, accurate and recent valuation of all of its assets.

Although the principles to be applied when setting user fees will have to be evaluated in detail, it is anticipated that the following types of cost will have to be included in the calculation:

Operating and maintenance expenses directly and indirectly associated with the provision of airport aeronautical facilities and services. If these relate to both aeronautical and other facilities then their cost should be allocated accordingly, using a reasonable activity-based method
Environmental cost, such as the cost of alleviating and preventing noise
Capital cost associated with the provision of aeronautical facilities currently in use at historic amounts
Current cost of planning future aeronautical facilities and the cost of such facilities when brought into use
Debt servicing and interest charges
A reasonable return on equity
Funds to build up reasonable cash reserves
Non-aeronautical income sources: International experience indicates that a number of airports are able to increase revenues by placing stronger emphasis on the development of revenues from non-aeronautical sources. These are mainly concessions and rentals.

Although certain airports will be unable to recover their costs through user-charging, they must be able to identify their costs, the extent of funding required, and provide valid reasons for the shortfall. Increasing the efficiency and accountability of the smaller airports should curtail the of financial assistance required and eventually lead to the elimination of financial assistance.

It should also be noted that there are many different possible resources available which could be exploited to increase airport revenue related to aviation and non-aviation activities, both on the airside and landside of the airport.

Any specific type of service provided at the airports, such as 24-hour airport operations, should only be considered if there is sufficient demand for it and if it is viable and sustainable.

3.4.1.4. Proposed policy

The principles of user charging for services rendered at cost related levels should, as far as possible, be introduced at all publicly owned airports.

Fee structures and methods of calculating charges will have to be determined. However, fees imposed must comply with the following basic principles:

Fees imposed on aeronautical users for the use of airport facilities should be fair and reasonable. Charges should not be imposed in a way that would discourage the use of facilities and services necessary for safety
The cost of providing the airport and its essential ancillary services should include appropriate amounts for interest on capital investment and depreciation of assets, as well as the cost of maintenance, operation, management and administration
Fees may not unjustly discriminate between user groups
Airport owners should maintain a fee and rental structure that makes airports as financially self-sustaining as possible
There should be greater focus on the development of non-aeronautical revenue generation
There should also be a relationship between levels of service and charges
The proportion of costs allocatable to various categories of users, should be determined on an equitable basis, so that no users shall be burdened with costs not properly allocatable to them according to sound accounting principles
Airports may produce sufficient revenues to exceed all direct and indirect operating costs and so provide for a reasonable return on assets to contribute towards necessary capital improvements
If 24-hour services at airports are provided, they must adhere to the principles of sustainability and viability and must be demand-driven.

To facilitate user charging, principles of sound financial management and accountability should be applied at all airports. Airports should therefore keep accounts that provide a satisfactory basis for determining and allocating the costs to be recovered. Publicly owned airports should publish their financial statements on a regular basis and should provide adequate financial information to and in consultation with users.

3.4.2. Financing sources and strategies

3.4.2.1. Background

Demands on the Government's funds are high, and current government priorities are focused on the area of basic needs provision. Alternative and innovative methods of funding airport development will have to be developed.

At present there are no specific airport investment incentives in place.

3.4.2.2. Issue

The funding of publicly owned airports is currently perceived as a major issue.

3.4.2.3. Considerations

Four major sources of finance have been identified that are potentially available for infrastructure development:

Fiscal transfers
Concessional finance from multilateral institutions and other international sources
Development finance channelled through development finance institutions
Loans raised on commercial terms.

The appropriate funding mix will depend upon the nature of projects, and will include the potential for cost recovery and the risks involved. The Government has committed itself to the forming of public-private sector partnerships based on cost recovery pricing where this can be practically and fairly effected.

Private financing is required to ease the burden on government financing, but it will also encourage better risk sharing, accountability, monitoring and management. However, it is important to note that financial viability is a prerequisite for private sector involvement.

3.4.2.4. Proposed policy

In line with the Government's desire to encourage private sector participation in infrastructure provision and operation, strategies to promote private sector involvement in the funding of airport development will be encouraged.

Where investment proposals may be on the borderline of viability, methods for stimulating private sector participation should be examined.

3.4.3. Public funds

3.4.3.1. Background and considerations

(a) National Government

Schedule 4 of the Constitution, 1996, lists the functional areas of concurrent national and provincial legislative competence as including airports other than national and international airports. This is interpreted by the CTP to mean all airports other than those owned and operated by the ACL.

Following the establishment of the ACL, the Government's current direct financial role in airports is limited to that of sole shareholder in the ACL, and regulator of charges levied on users by the company (section 11(1) of the Airports Company Act, 1993). The Government does not subsidise the ACL.

In addition, there is one small airport still directly owned by the DOT.

(b) Provincial Government

The provincial airports have mainly been inherited from the former independent States and self-governing territories. These airports, which have recently been transferred to provincial control, are currently funded from provincial budgets.

The Constitution, 1996, provides that all money received by the national Government is to be paid into a National Revenue Fund. These funds are then divided between the national, and the nine provincial governments, on the basis of recommendations by the Financial and Fiscal Commission.

Section 226 provides for the creation of a Provincial Revenue Fund for each province. All funds received by the province in terms of legislation, must be paid into this fund. Money may be withdrawn from the fund in terms of an appropriation by provincial legislature. A province, therefore, has the constitutional authority to allocate money to airport development.

A province is also empowered to impose certain taxes. This could include specific taxes on parties involved in aviation in a specific province, in order to finance airport development. The power to levy certain taxes is to be limited by an Act yet to be drawn up by the Department of Finance (DOF).

The majority of airports in South Africa are currently owned and operated by local authorities.

Many municipal airports currently have operating deficits and are cross-subsidised by other sources from the municipal councils. Capital expenditure is also funded by the municipalities.

In terms of section 152 of the Constitution, 1996, one of local government's aims is to promote social and economic development. In terms of section 156 and Schedule 4B of the Constitution, 1996, local government has the authority to administer municipal airports. A provincial government may also transfer/delegate to a municipality, certain responsibilities regarding provincial airports.

In addition, funds may be allocated to a local government and a municipality may impose certain new taxes subject to national legislation. Such legislation could therefore empower a municipality to levy aviation taxes for the development of airport infrastructure.

3.4.3.2. Proposed policy

National Government does not, and will not, provide any direct funding for any airports (excluding military airports).

It is the responsibility of the provinces and the municipalities to prioritise their funding requirements properly.

In line with international trends, direct user-charging rather than taxation should, where possible, be used. However, it is recognised that provinces and municipalities are able to use taxation as a method of funding airport development.

Provincial and local government should be free to fund the development of an airport for which they have responsibility or in which they have an interest, as long as this funding is soundly justified, takes place in a transparent manner and in terms of the aforementioned principles of sustainability and viability, and also in terms of the relevant financial legislation and regulations.

Operating costs should be funded by airport operations through user charges.

3.4.4 Use of international funds

3.4.4.1. Background

International donations and concessionaire funds are options for the funding of infrastructure development. However, these options have to be carefully evaluated, as their use could distort priorities. There are many instances worldwide, where international funding has led to the development of inappropriate infrastructure. The encouragement of joint ventures could also open avenues to international funds and expertise.

3.4.4.2. Issue

The DOF co-ordinates all donor aid, grants and donations to national, provincial and local government, as well as funds to parastatals that are linked to Government. These funds will be handled through the RDP fund as part of the budgetary process. The DOF will commit these funds to the different departments as agreed. However, the direct flow of funds to the private sector, non-governmental/community-based organisations, research institutions and research units at universities by means of the establishment of direct relations, is encouraged.

3.4.4.3. Proposed policy

Care should be exercised when investigating the possibilities for the use of international funds. In all cases the use of such funds should be in line with national policies and priorities.

The encouragement of joint ventures at new and existing airports, between the public and private sectors as well as local and international investors, should be encouraged at all levels of government.

3.5. EFFICIENT OPERATION OF AIRPORTS

3.5.1. Background

The White Paper on National Transport Policy clearly states that the Government intends to reduce its direct involvement in operations and in the provision of airport infrastructure.

3.5.2. Considerations

Due to the economic needs of airports, and the current lack of skilled personnel in many provincial and municipal departments who are needed to operate airports efficiently, it may be appropriate for publicly owned airports to move towards alternative models of operation, such as public ownership, with operation by a State-owned entity, or joint ventures between the public and private sectors. Privatisation could also produce alternatives, such as a change in ownership.

However, it is not necessary for the same legal body to both own and operate an airport. Public / private sector joint ventures could take a number of different forms, including -

the contracting out of services / service outsourcing;
management contracting;
leasing contracts; and
concession contracts.

In all of the above, the public sector would or could retain ownership of assets. The use of private sector contractors for clearly defined services provides experience that can gradually be extended to full operation by the private sector through leases or concessions. Leases or concessions would allow the public sector to delegate to the private sector the operation of facilities (along with the commercial risk) and the responsibility for new investment.

A further relevant aspect at some of the major airports where there are capacity problems, is the allocation of slots, also influenced by the airspace slot allocation. It is basically the responsibility of the airport operator, after consultation with the relevant role players, to determine the allocation of slots. At present this will occur only at ACL airports, and the Airports Company Act, 1993, provides sufficient broad guidelines for determining criteria.

There are numerous alternatives for the development of opportunities for SMMEs in airports. Where possible, airport owners and operators should actively promote the involvement of SMMEs.

3.5.3. Proposed policy

The efficient and effective management and operation of airports should be promoted.

None of the tiers of Government should be in the business of operating airports. Therefore the involvement of the private sector in the operation of public airports should be promoted. However, the Government is responsible for ensuring that airports contribute to socio-economic development.

Slot allocation at airports is the responsibility of the airport operator which should develop guidelines in terms of the legislation controlling its activities.

Opportunities for the involvement and development of SMMEs should be actively promoted by airport owners and operators.

3.6. COMMUNICATION AND CONSULTATION

3.6.1. Background

To enable sustainable development it is vital to have adequate consultation and discussion on airport development and operations, with relevant stakeholders.

3.6.2. Issue

At present the processes and responsibilities for communication and consultation on airport and airport operation matters are not clearly defined.

3.6.3. Considerations

In the past the provincial governments did not have any responsibility for airports. There was consequently no need for a consultative forum between the national and provincial governments. The CTP came to the conclusion that, in view of the overlap between civil aviation matters and other areas in respect of which the provinces exercise powers, a consultative and co-ordinative relationship should be developed between the national and provincial governments. They proposed that this could be achieved in a Civil Aviation Committee, similar to COLTO. However, further development occurred, namely the formation of MINCAAM, which is a subcommittee of MINCOM and comprises officials of the relevant national and provincial departments. Once again it became clear that consultation and co-ordination are necessary and that a more permanent body should be established with responsibilities for airports, airspace and aviation in general.

International relations are the responsibility of the national Government. These include relations with neighbouring countries, other foreign countries and aviation organisations such as ICAO.

Where necessary, the provinces should also be able to communicate internationally through the DOT.

Because of the influence of the larger airports on their environment and the important transport and economic role they fulfil, there are a number of authorities and organisations which have an interest in, or are affected by, airports and their operations. A consultative forum for such authorities and role players, where consultation could take place and information be made available, would be beneficial.

3.6.4. Proposed policy

There is an obligation on government to ensure that all stakeholders are consulted, including airlines and users.

Airports should establish consultation forums to allow for consultation and an exchange of information between stakeholders and authorities on airport development and operation.

The DOT will be responsible for the co-ordination of relations with -

neighbouring countries and bodies, including consultation with the provinces where appropriate;
international countries and bodies (such as ICAO), but has an obligation to inform and consult the provincial governments where matters are likely to have a direct impact upon provinces;
other government departments, including the SANDF and SAAF;
all relevant role players in respect of the DOT's responsibilities and functions.

A permanent committee should be established for consultation and co-ordination on airport, airspace and general aviation matters, between officials of the DOT and the nine provinces. Provinces are responsible for giving feedback to relevant role players in the provinces.

3.7. NATIONAL DEVELOPMENT STRATEGY FOR AIRPORTS

3.7.1. Background

The existing system of airports was not planned as a system but now has to be maintained, protected and properly utilised as such. New airports should evolve on the basis of economic and financial viability and sustainability. It is therefore not necessary to plan a national network. Provinces wishing to plan provincial networks according to their own needs and resources may do so.

3.7.2. Issue

It is not clear whether the national and/or provincial Government should play a regulatory role in the physical planning of airports. The necessity of a national airport development plan for South Africa needs to be debated.

3.7.3. Considerations

The national Government currently has a responsibility regarding the safety regulation of airports in terms of legislation and international conventions. It may also determine standards and provide guidelines for the development of airports. The draft Civil Aviation Regulations, 1997, provide for Aerodrome Design Requirements which comply with the minimum standards prescribed by ICAO. However, it is the responsibility of the owner of an airport to do the necessary planning, design and development of the airport. The national Government, unless it is the owner, has therefore no direct responsibilities for planning.

Airport development cannot be considered in isolation, but should be integrated into any national, provincial and local economic and spatial development initiatives, and also support the RDP. There should be synergy between airport development, and national and provincial economic and development strategies. Long-term location planning for airports should run in parallel to provincial and regional economic development plans.

Airports should be developed in an integrated manner, with airports being planned together with other elements of the transport system.

The planning and integration of airports into the broader transport network should be co-ordinated in the appropriate tier of government, for example international planning and integration at national government level, regional planning and integration at a provincial government level, and localised planning and integration at a local government level. Where conflict arises between two provinces, or where a development is likely to be detrimental to the country, the Constitution, 1996, determines that the national Government may intervene and, in consultation with the relevant parties, rule for the national good.

Planning for airports should be included in a provincial transport plan which, in turn, should form part of an economic development plan for the province.

Proper planning must be done and master plans developed (see Section 5 on Integration of the Airport into its Environment) for the larger airports.

3.7.4 Proposed policy

Only airports which are justified, viable and sustainable, should be added to the existing national network of airports. Provinces wishing to plan provincial networks according to their own needs and resources, may do so. As is the case with other infrastructure, the provinces are primarily responsible for the inclusion and integration of airports into the Provincial Economic Development Plans and the Provincial Transport Plans. The national Government is primarily interested in the planning and development of airports from a safety perspective.

Where airport development plans of two provinces contradict each other, or where one plan is liable to prejudice another, or if the plans are contradictory or prejudicial to the national interest, the DOT has in terms of the Constitution, 1996, the right to intervene and rule in the national interest. In such cases, the DOT may appoint an independent mediator or arbitrator to assist in resolving the conflict.

3.8. REGULATION

3.8.1. Introduction

3.8.1.1. Background

Regulation is basically a form of government intervention. The White Paper on National Transport Policy states that it is the Government's intention to regulate only where it is essential. Also, the benefits of regulation should outweigh the costs. Regulation is required to ensure the unbiased regulation of safety and quality in accordance with international standards. The said White Paper spells out the principles of regulation, and indicates the areas in which the Government will engage in regulation. These are as follows:

Regulation of monopolies - the Government has a duty to ensure that proper tariffs are levied and to set service and safety standards
Regulation of operations of competing operators - the role of the Government will be to ensure level playing fields and to regulate safety, leaving the operator as much freedom as possible to provide the customer services demanded in a competitive environment.

In order to ensure that civil society is not burdened with rules whose cost outweigh their benefits, the DOT needs to examine the potential benefits and the potential cost of each intervention through regulation.

An economic assessment should form part of the process of establishing whether new interventions meet this obligation. For example, when evaluating the criteria for the establishment or dis-establishment of certain regulatory requirements, the process should include an evaluation of the cost of such requirements versus the benefits gained, based on different levels of service and the risk that certain events may occur.

3.8.2. Economic regulation

3.8.2.1. Background

Economic regulation means the regulation of tariffs and of market entry on grounds other than safety considerations.

The economic regulatory regime in terms of which tariffs and levels of service for the core services rendered by the ACL are regulated by an independent Regulating Committee, has been confirmed in the White Paper on National Transport Policy.

3.8.2.2. Issue

The need for economic regulation should be determined.

3.8.2.3. Considerations

In view of the proposed policy statements contained in the foregoing sections, it is considered inappropriate for the Government to intervene in market entry regulation (other than on safety grounds) as far as airports are concerned. The principle is that tariffs and fees must be cost-related, as discussed in section 3.4.

Due to the monopolistic and market-dominant situation of the ACL, the current economic regulatory mechanisms applied to the ACL are endorsed. More than 90% of all air passengers and freight in South Africa are handled by ACL airports. The ACL is also in a position to manage all its airports together as a network and can therefore cross-subsidise airports. Lately the ACL has managed to achieve independent financial viability for most of its airports, and that should be the objective for all airports it owns or for which it has sole financial responsibility. In a case where the ACL airport portfolio is extended, it should only add a new airport where such an airport is justified, viable, sustainable or can be made so over a short period. The principle is therefore that airports should as far as possible be financially independent and cross-subsidising should be avoided as far as possible.

The possibility of an ACL equity stakeholder would improve the present regulatory mechanism as there would then be a greater distance between the regulator and the ACL.

At other airports the point of departure is that tariffs should be cost-based with a reasonable return. Where airports are in a monopolistic environment, charge excessive rates and the problem cannot be resolved through consultation and negotiation, it is proposed that current instruments, such as the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), be used.

3.8.2.4. Proposed policy

Entry into the "airport market" should not be regulated from an economic point of view (i.e. on grounds other than safety considerations).

The current economic regulatory mechanisms applicable to the ACL are endorsed.

3.8.3. Emergency services

3.8.3.1. Background

Airports have to comply with the minimum standards prescribed by ICAO. The DOT has to implement these standards.

3.8.3.2. Issue

Current regulations do not fully incorporate all the standards and recommended practices that are contained in Annex 14 to the Chicago Convention, 1944. Furthermore, unlicensed airports do not have to comply with requirements for emergency services. In addition, compliance at small airports is not monitored effectively and the training of personnel is also substandard.

3.8.3.3. Considerations

As part of the review of aviation regulations, draft regulations are proposed that relate to emergency services at airports and heliports. The draft regulations should reflect compliance with the minimum safety levels that are proposed in the Annexes to the Chicago Convention, 1944. This is in line with international trends regarding emergency services.

3.8.3.4. Proposed policy

The DOT is responsible for ensuring compliance with the standards and recommended practices contained in Annex 14 to the Chicago Convention, 1944, with regard to the provision of emergency services.

The DOT is responsible for ensuring compliance with prescribed standards with regard to emergency services which should be enforced at all airports, although at appropriate levels of required safety. Such enforcement/monitoring of compliance should be effected through the licensing of airports, as proposed in Section 3.8.5 below.

It is the responsibility of an airport licensee to compile an emergency plan, in consultation with all relevant stakeholders, and to ensure the maintenance of such emergency plan.

Co-ordination of training for emergency services personnel is regarded as important. It is proposed that providers of emergency services and the DOT work together to develop a training plan.

3.8.2. Aviation security on airports

3.8.2.1. Background

Annex 17 to the Chicago Convention, 1944, and other international conventions prescribe international standards and recommended practices for aviation security. These requirements are incorporated into South African legislation through the Civil Aviation Offences Act, 1972 (Act No. 10 of 1972), and the Civil Aviation Safety Regulations, 1981. This Act allocates functions with respect to aviation security to, inter alia, the three key role players, namely the State (DOT and SAPS), the airport operator and the airline.

The role of the DOT is, inter alia, to adopt the appropriate legislation and promulgate the necessary regulations, to establish the National Civil Aviation Security Programme, to define and allocate tasks for the implementation of such programme, to ensure the establishment of airport and airline security programmes and the implementation of such programmes and define the responsibilities of appropriate parties and establish close co-operation between them to ensure a co-ordinated approach to security. The main responsibilities of the SAPS include general patrol services to deter criminal acts, arrest and prosecution of criminals, general law and order duties, and other duties to combat criminal acts in general.

The airport operator is responsible to the CDCAA for security at his or her airport, while the airline is ultimately responsible for the security of its aircraft and passengers.

The provisions of the Civil Aviation Offences Act, 1972, are only applicable at "designated airports"(airports designated by the Minister of Transport for purposes of the said Act). However, there are no criteria for the designation of an airport. Non-designated airports are therefore not required to comply with requirements for aviation security. This lack of consistency could cause problems during ICAO audits. Ideally, all airports should be subject to aviation security regulations, in particular airports serving international traffic.

3.8.4.2. Issue

The application of aviation security measures is not consistent. There is also a need to confirm the respective roles of the various role players responsible for aviation security, particularly at airports.

3.8.4.3. Proposed policy

The provisions of the Civil Aviation Offences Act, 1972 and the regulations made under it, should be applicable to all airports serving international traffic as well as airports serving scheduled domestic air traffic. Enforcement/monitoring of compliance should be done by the DOT through the licensing of airports, as proposed in Section 3.8.5 below.

It is confirmed that the roles of the various role players are, in principle, as follows:

The State (CDCAA and SAPS) has the overall responsibility for ensuring the security of civil aviation through the adoption of legislation, the establishment of the National Aviation Security Programme, the monitoring of compliance and the general enforcement of law and order
The airport operator/licensee is responsible for security at his or her airport
The airline is ultimately responsible for the security of its aircraft and passengers.

3.8.5. Airport licensing

3.8.5.1. Background

Annex 14 to the Chicago Convention, 1944, contains standards and recommended practices for the design and operation of airports used for international civil aviation. South Africa is obliged to conform with these standards at international airports. The application of such standards at other airports is in the discretion of contracting States. However, these standards are not fully incorporated in South African aviation legislation.

In terms of current legislation, the DOT is to ensure minimum safety standards at airports and heliports. To assist in the fulfilment of this function, a licensing system has been adopted whereby airports which meet certain safety and operational criteria, are authorised to accommodate aircraft movements on and within a predefined airspace in the immediate vicinity of an airport. Only airports used by aircraft operated for the public transport of passengers and cargo and aerial work are obliged to licensed. Provision is also made for the issuing of a provisional licence in respect of a proposed airport with the purpose of ensuring that such an airport will ultimately meet the required standards.

The licensing of airports is restricted to the (aviation) safety aspects of an airport. It therefore follows that the DOT does not involve itself with other elements of project development such as land use planning and environmental assessments, nor does it fall within the ambit of the DOT's responsibility to ensure and co-ordinate the compliance with the requirements of other authorities in this regard. In terms of the Constitution, 1996, these issues are mainly to be managed by provincial and local government.

An airport licence is issued for public or private use for aircraft carrying passengers and/or cargo or undertaking aerial work. However, an airport may continue to operate as an unlicensed airport (although air services for reward would not be legally able to take off or land). Consequently, there are no enforceable safety requirements for unlicensed airports.

In addition to the above requirements, airports in the ACL portfolio are required to operate in accordance with ICAO standards and recommended practices. Additional regulations are for this reason applicable to the ACL airports.

Current regulations require that, except with the approval of the CCA, airports should not be built or developed within a 22 km radius from an airport with an air traffic control (ATC) service. An ATC is defined in Section 4 of this document. This requirement only applies to licensed airports. As the current regulations have no control over unlicensed airports, an airport could theoretically be developed adjacent to another airport.

Existing airports have been developed and new airports built within the 22 km radius of airports with ATC services. Aviation safety is potentially at risk in these situations. The Johannesburg terminal movement area (TMA) has numerous airports in close proximity to one another and unrestricted development could be dangerous.

3.8.5.2. Issues

The current airport licensing system does not fully comply with the requirements of Annex 14 to the Chicago Convention, 1944. In addition, many airports (including heliports) are not required to be licensed. Certain airports, notably ACL airports, are subject to additional requirements. The development of airports in close proximity to other airports with ATC services has a potentially harmful effect on aviation safety. Clear criteria are required for the siting of airports.

There is also uncertainty about the co-ordination and/or approval of airport sites, from the planning and land use points of view.

3.8.5.3. Considerations

Aspects relating to the planning and development of an airport and the integration of such planning with its environment are dealt with in detail in Section 5 of this Green Paper. However, at this stage it is important to note that the co-ordination of planning is a provincial/local government responsibility. The safety licensing of an airport should be seen as one of the entry requirements which are to be co-ordinated by provincial/local governments. An important instrument in this regard is the Development Facilitation Act, 1993.

The issuing of an airport licence should remain an aviation safety regulatory instrument and should not be used for any other purposes. Furthermore, the issuing of an airport licence is linked to international standards and recommended practices and should therefore remain a function and responsibility of the DOT. The issuing of an airport (provisional) licence also does not afford the holder thereof the right to build/develop an airport. It merely serves as an instrument to certify that the proposed airport would eventually be considered for licensing, and protects the airspace around the proposed airport.

From a safety regulatory point of view, it is appropriate and essential that a proper licensing system for all airports be developed and implemented. Such a system should provide for a minimum set of safety standards for airports. Airports should be classified in various categories and appropriate standards should be prescribed for the various categories. ICAO standards and recommended practices should apply, at least, to all airports which accommodate international traffic and/or air services for reward with aircraft larger than 5 700 kg maximum take-off weight. Other airports should at least comply with a set of minimum requirements, such as the submission of basic information regarding its location, runway length and condition.

A system of safety inspection by the DOT would ensure compliance with these standards. Where an airport does not comply with the standards, such airport would advise the CCA which would endorse its licence with a restriction. The restriction would then appear in the appropriate publication, such as the Aeronautical Information Publication (AIP).

3.8.5.4. Proposed policy

Airport licensing should remain an aviation safety regulatory instrument and should not be used for other purposes. The co-ordination and integration of the planning of airports into their surroundings, for example land use planning, are vested in provincial governments in accordance with the provisions of the Constitution, 1996.

The DOT is responsible for the development and implementation of a new airport licensing system for all airports in order to regulate safety.

All airports, including heliports, will be required to obtain a licence. Requirements for licensing will be different for different categories of airports. It is proposed that the following classification be adopted:

Airports for public use, which should be subdivided into international and non-international airports for public use
Airports for private use (in which case the permission of the owner is required before it could be used)

Both classes should be subdivided into -

airports with commercial traffic with aircraft of more than 5 700 kg maximum take-off weight;
airports with other traffic not complying with the foregoing requirement.

Standards embodied in Annex 14 as well as standards in respect of aviation security and emergency services must be incorporated in such airport licensing system and should be applicable to all international airports and other airports which accommodate commercial air traffic with aircraft larger than 5 700 kg maximum take-off weight.

Other airports should provide the DOT with minimum information relating to the location of the airport. Such information requirements should be determined by the DOT.

Airport licensees will be required to ensure compliance with standards and regulations through the adoption of a management plan. The DOT will monitor compliance. Should a licensee not comply with the above requirements, then operations will accordingly be restricted at such airport.

The DOT should keep a national register of airports and pertinent information about such airports.

3.9. CLASSIFICATION AND DESIGNATION OF AIRPORTS

3.9.1. Background

A number of different airport classifications exist at present, including -

ICAO classification;
licensing classification (Airports Regulations 1982);
Constitution of the Republic of South Africa, Act 108 of 1996.

3.9.2. Issue

Clarity must be obtained on the classification and designation of airports in order to eliminate the current confusion.

3.9.3. Considerations

The classification system should be driven by needs and should not be confusing. Classification implies discrimination, and should be done with circumspection. The grouping of airports will be different for different purposes, and will depend on aspects such as ownership, whether it is a public or private airport, whether it is used for purposes of domestic air travel and/or international flights, the size of the aircraft using it, the air traffic volumes and the facilities available (e.g. dimensions of runway, runway lighting and navigation).

A classification system (as dealt with in Section 3.8.5 above) already exists with regard to the licensing of airports.

The Constitution, 1996, refers to national and international airports and the CTP has suggested that they be classified as the airports owned and operated by the ACL. If this is accepted, it would mean that all airports owned and operated by the ACL would be subject to legislation by the national Parliament, whereas all other airports would be a functional area of concurrent national and provincial legislative competence as discussed in Section 2.1.1 above. With regard to the function of municipal airports, referred to in the Constitution, 1996, there should be no confusion as it clearly refers to airports owned by local authorities. If the above are acceptable, there should be no confusion about the "constitutional" classification.

3.9.3.1. International airports

International airports are those airports where the necessary facilities and services exist to accommodate international flights. They vary from small airports used for over-border flights to and from neighbouring countries, to larger airports for flights to and from other African countries, to large airports for intercontinental flights. At present there are over 30 such designated international airports, but the intention is to reduce this number to eight in order to better control imports and exports, and criminal activities such as the smuggling of drugs. The reason given is that of national priority, but the implications for civil aviation in general could be serious, as far greater distances may have to be flown to pass through immigration and customs at a designated international airport before a flight may proceed to its destination. It is important that the DOT be involved in policies in this regard, as well as the decision about the airports to be designated as international airports. The DOT should consult the affected provinces before a decision is taken. Because of the important economic and other functions of an airport, provision should be made for the number of designated airports to be increased, when and where necessary, even if the user cost principle needs to be applied to ensure that the necessary services are affordable.

Gateway airports are those designated international airports with scheduled international flights. Therefore they have to be large enough to accommodate international-type passenger planes and there must be sufficient demand to warrant scheduled flights. At present there are only three such airports designated by the DOT.

3.9.3.2. Classification in terms of ownership and use

The following table indicates the different types of airports that can be found if the different possibilities in respect of ownership and use (public and private) are taken into account.

Use	Public Use		Private Use
Ownership	International and Domestic	Domestic only	Private Use
National Government
Provincial Government
Municipal Government
Private

It is clear that this policy refers more to airports for public use rather than airports in private ownership and used privately.

3.9.4. Proposed policy

It is not necessary to develop any new classification system apart from the airport licensing classification and the existing ICAO classification.

The national and international airports referred to in the Constitution, 1996, are assumed to be the airports owned and operated by the ACL, at the time of the promulgation of the Constitution, 1996.

The DOT together with other relevant national government departments will determine the policy regarding designated international airports. The DOT, after consultation with the provinces, will be involved in deciding which airports should be designated international airports.

The policy regarding the designation of international airports should provide for an increase in the number of designated international airports where and when necessary.

The DOT is responsible for approving gateway airports after considering the availability of services and facilities at the airport and the demand for scheduled international flights, and after consultation with the airlines.

3.10. MILITARY AIRPORTS

3.10.1. Background

The SAAF has reduced its activities at some of its airports, and associated facilities have been withdrawn from military use.

3.10.2. Issue

Should some of the SAAF facilities be used for the benefit of corporate and general aviation without prejudicing the operations of the SAAF?

3.10.3. Considerations

According to Part 2.2 of the Airport Regulations: "Subject to the approval of the Minister of Defence, the Commissioner may authorise the use of certain military airports by civil aircraft."

3.10.4. Proposed policy

Where demand exists, the co-use of military airports for civil aviation purposes will be promoted where practical and possible so as to make full use of under-utilised assets. However, it is not intended that the military enter the business of providing airport facilities for civil aviation, or that civil use of any military facility interfere in the constitutional responsibilities of the SAAF.

Where the military offer facilities for public use they will have to adopt fair pricing practices and market-related charges which are in accordance with the DOF regulations.

3.11. ALLOCATION OF ROLES AND RESPONSIBILITIES

3.11.1. Background

In determining relative roles and responsibilities of Government and other institutions, it is important to consider both existing legislation and location of expertise. While considerable expertise will have to be developed in South Africa, cognisance must be taken of the need to meet obligations in the short to medium term. Appropriate plans must be put in place to ensure that adequate skills are developed.

3.11.2. Issue

The need for clear definitions and allocation of roles and responsibilities in respect of existing airports and the development of new and existing airports has been clearly identified.

3.11.3. Considerations

Schedule 4 of the Constitution, 1996, lists airports, other than national and international (therefore ACL), as being of concurrent national and provincial legislative competence.

Schedule 4 part B of the Constitution, 1996, lists local government responsibilities as including municipal airports.

In terms of the Aliens Control Act, 1991 (Act No. 96 of 1991), the immigration directorate of the Department of Home Affairs is responsible for attending to immigration control at international airports.

In terms of the Customs and Excise Act, 1964 (Act No. 91 of 1964), the South African Revenue Services are responsible for attending to customs and excise at international airports.

In terms of the Agricultural Pests Act, 1983 (Act No. 36 of 1983), the Agricultural Pests Control directorate of the Department of Agriculture is responsible for controlling the entry of certain animals and products at international airports.

3.11.4. Proposed policy

3.11.4.1. National Government

The DOT will be responsible for national policy and strategy formulation and for legislation.

The DOT will be responsible for -

the establishment and enforcement of norms and standards covering the following:
Safety and security, including an airport licensing system
Environment (on a macro level as provincial governments are also responsible for environmental legislation and control);
the determination of gateways in accordance with its responsibilities for bilateral air services agreements;
the co-ordination of relations with -
neighbouring countries and bodies, including consultation with the provinces where appropriate;
international countries and bodies, such as ICAO, but has an obligation to inform and consult provincial authorities where matters are likely to have a direct impact upon provinces;
other government departments, including the military (SAAF); and
all relevant role players in respect of the DOT's responsibilities and functions;
the establishment of a permanent consultation and co-ordination committee on airports, airspace and general aviation matters, between the DOT and the provinces; and
economic regulation of the ACL.

3.11.4.2. Provincial government

Provincial governments are responsible for the necessary provincial legislation covering -

the planning of new airports; and
the environment.

Planning for new provincial airports, their development and integration into transport and economic development plans are primarily provincial responsibilities. However, where the plans of two provinces contradict each other or where one plan is liable to prejudice another, or if plans are contradictory or prejudicial to the national interest, the national Government has in terms of the Constitution, 1996, the right to intervene and rule in the national interest. Provincial government is also responsible for feedback to and co-ordination between provincial, municipal and private airports, where necessary.

3.11.4.3. Local government

Local government is responsible for the airports it owns and/or operates.

3.11.4.4 Airport owners

Airport owners will be responsible for the implementation of relevant norms and standards as set by the DOT and the provincial and municipal governments. This responsibility may be delegated to the airport operator if the operator is not the owner. This, for example, includes the setting of airport fees and rental structures.

Airport owners will be responsible for ensuring that there is adequate security in place at their airport.

Airport owners should establish consultation forums to allow for consultation and an exchange of information between stakeholders and authorities on airport development and operation.

[ Top ]

4. AIRSPACE MATTERS

This section deals with the policy proposals on the airspace and the management and utilisation thereof.

4.1. INTRODUCTION

4.1.1. Definition

Airspace refers to the space above the surface of the earth and below the outer space. The Aviation Act, 1962 (Act No. 74 of 1962), defines an aircraft as a machine that can derive support in the atmosphere from the reactions of the air, other than the reaction of the air against the earth's surface. In terms of the Space Affairs Act, 1993 (Act No. 84 of 1993), outer airspace is defined as the space above the surface of the earth from a height at which it is in practice, possible to operate an object in an orbit around the earth.

From these two definitions, it is clear that for the purposes of this study, the airspace is the space above the surface of the earth up to a height where an aircraft is no longer able to derive support from the atmosphere. Depending on weather and other conditions, this height is approximately 30 000 metres above sea level.

4.1.2. Scope

In terms of Article 1 of the Chicago Convention, 1944, every contracting State has complete and exclusive sovereignty over the airspace above its territory. In terms of Article 2 of the Convention, the territory of a State includes the land areas and territorial waters adjacent thereto, under the sovereignty, protection or mandate of such State. South African airspace is therefore the airspace above the land areas, and territorial waters adjacent thereto, comprising the Republic of South Africa.

In terms of ICAO resolutions and regional arrangements (agreements) in this regard, portions of airspace above the high seas, which are of undetermined sovereignty, have been delegated to the South African Government for purposes of providing air traffic services (ATS) and air navigation services (ANS). Air traffic services is a generic term, meaning variously a flight information service, an alerting service, an air traffic advisory service and/or an air traffic control (ATC) service (area control service, approach control service or aerodrome control service). Air navigation services (ANS) is the collective term for the provision and maintenance of air navigation infrastructure and facilities, such as radar, radio navigational beacons and telecommunication infrastructure.

Therefore the policy set out in this section applies to aviation and related activities in the airspace described above, and which is depicted in Figure 1. (The only exception pertains to search and rescue (SAR), which are dealt with in Section 4.9 below).

Again, the military's role in airspace matters is only dealt with in so far as it interfaces with civil aviation.

4.1.3. Outline

The identified policy issues pertaining to the country's airspace and the management and utilisation thereof, are addressed under the following headings:

Proposed vision for the South African airspace
Establishment of airspace
Setting of rules and standards
Provisions of ATS and ANS
Military provision of ATS
Procedures for designation of airspace
Allocation of slots
Search and rescue (SAR)
Apportionment of roles and functions.

FIGURE 1: THE SOUTH AFRICAN AIRSPACE

Image not available

4.2. PROPOSED VISION

The proposed vision for South African airspace is as follows:

"The provision of sustainable air traffic and air navigation services at cost-related charges, which enable the safe, efficient movement of air traffic through a seamless airspace, in accordance with internationally accepted standards, by means of integrated planning (nationally and internationally), and the use of modern technology and quality management."

4.3. ESTABLISHMENT OF AIRSPACE

4.3.1. Background

ICAO, established by the Chicago Convention, 1944, has as its aim the development of the principles and techniques of international air navigation so as to ensure, inter alia, the safe and orderly growth of international civil aviation. Accordingly, ICAO provides standards and recommended practices for the operation of international air navigation. South Africa, as signatory to the Chicago Convention, 1944, and thus a member of ICAO, is obliged to comply with these standards and recommended practices. The Chicago Convention, 1944, also confirms that airspace over a State's territory is sovereign.

Standards and recommended practices pertaining to the organisation and management of the airspace above a State's territory, the provision of ATS, the establishment of entities to provide such services and the provision of navigation and communication facilities are set out in various Annexes to the Chicago Convention, 1944. The relevant Annexes include: Annex 1 : Personnel Licensing; Annex 2: Rules of the Air; Annex 3: Meteorological Services for International Air Navigation; Annex 4: Aeronautical Charts; Annex 5: Units of Measurement to be Used in Air and Ground Operations; Annex 10: Aeronautical Telecommunications; Annex 11: Air Traffic Services; and Annex 12: Search and Rescue.

In brief, the whole of the airspace under a State's jurisdiction is to be divided into one or more exclusive regions, which are referred to as flight information regions (FIR). For instance, in Figure 1 it can be seen that South Africa's airspace is currently divided into six FIRs, namely Johannesburg, Cape Town, Durban, Bloemfontein, Port Elizabeth and Johannesburg Oceanic. Each State is furthermore required to determine (within the various FIRs) those portions of airspace and those airports where ATS are to be provided. The State is also required to arrange for the provision of such services in these airspaces and at these airports. In practice the State establishes portions of airspace around airports where ATS are to be provided, as well as air routes between the various airports. Normally these portions of airspace are referred to as controlled airspace. Aircraft flying in controlled airspace are under various levels of control by an ATS unit. A specific portion of airspace may be under the control of only one ATS unit at any given time.

The Aviation Act, 1962 (Act No. 74 of 1962), provides that the national Minster of Transport is responsible for carrying out the provisions the Chicago Convention, 1944, which forms part of this Act. In terms of the said Act, the Minister has appointed the CCA and delegated the function of designating airspace for purposes of providing ATS in such airspace, to the CCA, in terms of the regulations made under the Act. The provision of ATS is to be supported by the appropriate ANS.

4.3.2. Issue

The issue that needs to be resolved, pertains to the tier of government responsible for giving effect to the above-mentioned arrangements, and how these functions are to be performed.

4.3.3. Considerations

The Constitution, 1996, does not allocate any functions relating to the establishment of airspace, to provincial or local government. Furthermore, the White Paper on National Transport Policy states that the speed of modern aircraft, cost of air navigation infrastructure and procedures associated with the control of air traffic, dictate a seamless airspace with as much centralisation of control of the airspace as possible.

4.3.4. Proposed policy

It is confirmed that the national Minister of Transport remains responsible for giving effect to the provisions of the Chicago Convention, 1944, and to the standards and recommended practices contained in the relevant Annexes to the Chicago Convention, 1944, particularly with regard to the establishment of airspace and related airspace matters.

It is also confirmed that the CCA is responsible for designating airspace and airports for the purposes of providing ATS in such airspace and at such airports. This shall be done in accordance with transparent procedures and with the involvement of stakeholders.

The CCA is responsible for ensuring that appropriate ATS, supported by the necessary ANS, are provided in and at the above-mentioned airspaces and airports respectively.

The South African Government supports the global trend towards the creation of seamless skies, and therefore supports the use of ICAO GNSS in future. Consequently, South Africa will participate in the regional and global planning and implementation of the global communication, navigation and surveillance/air traffic management (CNS/ATM) principles.

4.4.SETTING OF RULES AND PROCEDURES

4.4.1. Background

ICAO requires each contracting State to promulgate specific rules and procedures to be followed in the various types of airspace, to ensure the safe movement of air traffic. These rules and procedures are set out in various Annexes to the Chicago Convention, 1944, and other supporting documents.

Annex 2 covers the rules of the air. These are obligatory rules, according to which all aircraft must be operated.

Annex 3 requires contracting States to determine the meteorological services which will be required to meet the needs of air navigation. The object is to contribute towards the safety, regularity and efficiency of air navigation. Each contracting State is also required to designate the authority to provide, or to arrange for the provision of, meteorological services.

The ATS to be provided at international airports are specified in ICAO Document 4444: "Rules of the Air and Air Traffic Services".

Annex 4 requires States to ensure the availability of aeronautical charts. States are also required to ensure that the charts are adequate, accurate and kept up to date by a revision service. The Annex establishes standards and recommended practices for all charts concerned and specifies which charts shall be available.

Annex 15 requires each State to provide an aeronautical information service or to delegate an authority to supply such service. However, the State remains responsible for the quality and correctness of such information. Information published for, and on behalf of, the State must indicate that it has been published on the authority of the State. The required information is published through the AIP, Aeronautical Information Circulars (AIC) and Notices to Airmen (NOTAM). The AIP is required to include a list of significant differences between the national regulations and the related ICAO standards and recommended practices.

Annex 10 provides, inter alia, for standards and recommended practices pertaining to the provision of ANS.

4.4.2. Issue

The issue is to clearly define the responsibility for giving effect to the international rules and procedures for the safe, orderly and expeditious flow of air traffic within South African airspace.

4.4.3. Considerations

One of the main principles is that aviation safety is of paramount importance and should be enhanced as far as possible. In this context, another principle is that the national Government will retain its regulatory role to ensure the unbiased regulation of safety standards in accordance with international standards.

4.4.4. Proposed policy

The DOT is responsible for the setting of safety and licensing standards pertaining to the provision of ATS and ANS. This includes the setting of rules and procedures to be followed in the various types of airspace and at airports, and in the provision and maintenance of ATS and ANS. These standards, rules and procedures are to be in accordance with those set out in the Chicago Convention, 1944, the Annexes and supporting documents.

The DOT is also responsible for ensuring the publication of aeronautical information and charts in accordance with the standards and recommended practices prescribed by ICAO. In line with Government policy, such services should be provided on a user-pay cost- related basis.

It is confirmed that the Weather Bureau continues to be the designated authority to provide meteorological services to aviation, in accordance with the ICAO standards and recommended practices.

The DOT is also responsible for monitoring compliance with the above safety standards, rules and procedures. A licensing system should be developed to monitor compliance by companies or entities providing ATS and ANS. Such a licensing system should be implemented by means of the appropriate legal instruments.

4.5. PROVISION OF ATS AND ANS

4.5.1. Background

The role of the national Government is to ensure the provision of ATS and ANS, where required. In terms of current regulations, the CCA has the authority to establish or permit the establishment of ATS units for the provision of ATS and ANS to civil aviation.

The White Paper on National Transport Policy states that the national Government will not be directly involved in the operation and provision of these types of services and infrastructure. As is the case with airports, the principle of sustainability and viability in the provision of ATS and ANS is endorsed

At present there are several ATS providers in South Africa. The main provider is the ATNS. In addition, certain provincial governments, the SAAF and some private organisations/persons provide ATS.

The ATNS was established in terms of the Air Traffic and Navigation Services Company Act, 1993 (Act No. 45 of 1993). The objectives of the company are the acquisition, establishment, development, provision, maintenance, management, control and/or operation of ATS and ANS. In August 1993, in terms of the said Act, the Minister of Transport transferred the responsibility for the maintenance and provision of ATS and ANS to the ATNS.

Certain of the provincial governments provide, inter alia, aerodrome control, aerodrome flight information and approach control services at certain airports owned by the relevant provincial governments.

The SAAF provides ATS primarily in military (special use) airspace and at military airports. Detailed aspects follow in section 4.6 below.

At one or two airports, private persons (i.e. persons not in the employment of the ATNS, SAAF or provincial governments) provide aerodrome flight information services.

4.5.2. Issue

The issue is how the DOT is to ensure the provision of safe, sustainable and viable ATS and ANS.

4.6.3. Considerations

International trends and technological developments, along with the strategic objectives and guiding principles noted above, need to be taken into account when considering how, and to whom, the responsibility for the provision of ATS is to be allocated.

The strategic objectives call, inter alia, for the optimal use of the airspace and associated infrastructure, in the most flexible way and with the minimum of constraints; the promotion of seamless skies; and integrated planning. Yet the principle of competition is also recognised as a means of improving levels of service and efficiency.

In determining the level of contestability in the provision of ATS in the different types of airspace, the following aspects were considered:

Modern technology encourages the consolidation of ATS and ANS with the use of the GNSS, creating a trend towards the provision of efficient joint services and not the division of responsibility
The White Paper on National Transport Policy states that the speed of modern aircraft, cost of terrestrial air navigation system networks and the advent of GNSS, dictate the creation of seamless airspace with as much centralisation of control of airspace as possible
The White Paper on National Transport Policy further states that the ATNS will remain a fully State-owned utility with the focus on providing quality services, being able to recover the costs of its operations, and providing for expansion
ATS providers deliver services which are natural monopolies. At any time, and in any given airspace, only one ATS unit may provide ATS in that airspace. The opportunity for the provision of contestable ATS lies in the fact that there can be multiple suppliers, each providing services within defined, but different, airspaces. Contestability therefore means competition in the selection of a service provider
Monopoly services must, however, be properly and firmly regulated. Where there is no perceived gain to the organisation itself, the lack of commercial competition might discourage improvements in service quality even though such improvements may be for the common good. Improvements in the quality of service may therefore need to be regulated, and consequently, both economic and operational regulatory control are required. For example, the regulation of the ATNS services standards is currently exercised by the Regulating Committee in terms of the ATNS Act, 1993
There is a need for the most effective division and management of airspace, whereby the safest and most efficient service can be provided to the benefit of all users, and in the interests of the State and the general public. This requires national, regional and global integration
A stumbling block to the opening of the provision of ATS and ANS competition, is the ownership of the air navigation infrastructure. The ATNS owns the core of South Africa's air navigation infrastructure. A duplication of infrastructure would be wasteful.

4.5.4. Proposed policy

ATS and ANS are to be provided on the basis of sustainability and viability as far as the safety and financing of these services are concerned. The cost of such services should be recovered from the users of these services.

ATS and ANS are therefore to be provided by autonomous service providers on the basis of sustainable safety and cost-recovery.

All ATS and ANS in airspaces (other than airspaces at airports and military (special use) airspace) designated by the CCA will be provided by a sole ATS provider. The ATNS should be designated by the DOT as this sole provider.

The responsibility for providing the required ATS and ANS at airports designated by the CCA, will be vested in the licence holder for or owner of that airport, except those airports where the responsibility for the provision of ATS and ANS was transferred to the ATNS in terms of the ATNS Act, 1993.

Where a provincial government is involved in the provision of ATS and ANS, which are not directly related to an airport, such services and the personnel and infrastructure involved should be transferred to the ATNS.

4.6. MILITARY PROVISION OF ATS

4.6.1. Background

The Constitution clearly defines the role of the South African National Defence Force (SANDF). "The primary object of the Defence Force is to defend and protect the Republic, its territorial integrity and its people in accordance with the Constitution and the principles of international law regulating the use of force." In fulfilling this objective, the SANDF has the statutory right to "manage and control aerodromes and other facilities necessary for aircraft of the SANDF". The SANDF is also exempted from the provisions of the Aviation Act, 1962, in this regard. The SANDF, therefore, provides ATS at military airports and in portions of airspace designated for military (special use) purposes. Civilian aircraft making use of military airports or flying through military (special use) airspace are naturally under the control of, or receive ATS from, military ATS units. In such instances the civilian aircraft also have to comply with military requirements.

Large portions of airspace, especially in the Northern Province and Mpumalanga, are designated as military (special use) airspace. This is primarily because, in the past, there were real security threats to these areas. There was also little civil traffic in these areas. Security threats have decreased and civilian traffic has increased in some of these areas. Due to the presence of the SANDF in these areas, ATS units of the SANDF provide ATS to civilian traffic in certain civilian airspaces, on a temporary basis, for example in the TMA above the Gateway International Airport at Pietersburg.

4.6.2. Issue

The issue that needs to be addressed is the role of the SANDF in the provision of ATS.

4.6.3. Considerations

In principle, the military provision of ATS should be for military purposes only. However, due to the presence of the SANDF in certain airspaces (due to historical reasons), it is not possible in the short term to replace their services with those of civilian providers. In addition, the necessary civilian infrastructure does not exist in these areas. It is also true that the SANDF has developed and invested in personnel and infrastructure which could be utilised for the benefit of civil aviation.

The role of the SANDF in the provision of ATS should be considered in the light of the recent Defence Review, dated 30 April 1997, where it is stated that the SANDF is designed and equipped chiefly to fulfil its primary mission of defence against aggression. Nevertheless, it has personnel, skills and resources which are utilised in the performance of various non-military tasks. These tasks are normally conducted in support of the civil authority. The non-military tasks are regarded as secondary functions and are not a major factor in the determination of force design and force levels. The SANDF also does not budget for the execution of these functions, since they are derived from existing defence capabilities. However, in certain instances the SANDF claims from the users the cost of activities which are undertaken on a regular basis. The Review also states clearly that the Government regards the inappropriate use of armed forces in non-military activities as economically inefficient and politically unwise. It is stated that such employment blurs the distinction between military and civilian spheres, it contributes to the militarisation of civil society, and it undermines the preparedness of the force. Specific guidelines are prescribed for solutions where SANDF capabilities can be utilised for civilian purposes. These are the employment of the SANDF should be requested by the relevant government department, and such employment should have the consent of the affected community, have a limited time duration, and be subject to civilian control.

Specifically with regard to the provision of ATS, the Review highlights the fact that the SANDF may be required to provide support with regard to ATS where the relevant civilian body lacks the capability to provide such services.

The views expressed in the said Review are endorsed.

In the longer term, consideration should be given to the integration of available resources with a view to optimising the use of scarce resources.

4.6.4. Proposed policy

The DOT should, on the one hand, ensure the safe and expeditious use of the airspace and ensure the provision of ATS to civil aviation. The SANDF, on the other hand, is responsible for the protection of the sovereignty and integrity of South Africa and its airspace.

The military provision of ATS should mainly be for military purposes, namely at military airports and for military (special use) airspace. However, should it be necessary for purposes of aviation safety (and on request by the CCA), military ATS could be provided to civilian traffic, but in accordance with the standards and procedures applicable to civil aviation and the principles laid down in this policy, such as on a cost-recovery basis. Such involvement should further be in accordance with the criteria set out in the Defence Review, namely at the request of the DOT, with the consent of the users of such services, for a limited period, and subject to civilian control.

In order to achieve the optimal use of available resources, namely airspace, personnel and infrastructure, due regard should be given to the integrating the provision of military and civil ATS in future. Any future changes in this regard should be negotiated between the DOT and the SANDF.

4.7. PROCEDURES FOR DESIGNATION OF THE AIRSPACE

4.7.1. Background

Section 4.3 of this Green Paper, it is indicates that the DOT is responsible for establishing airspace and that the CCA is the responsible functionary in this regard.

The CCA has therefore the powers to designate controlled airspace, to declare restricted and prohibited areas and to determine the extent of such airspace and/or areas. The CCA also has the power to establish or permit the establishment of ATS units and/or flight information centres in these airspaces to provide ATS, as may be required or necessary. The CCA is currently advised by the National Airspace Committee (NASCOM), which is a non-statutory body without clearly defined terms of reference. It is also indicated in Section 4.3 that transparent procedures should be followed and set criteria be applied in this process. On the one hand there is a need to formalise the procedure for the designation of airspace and the delegation of responsibility for such airspace to ATS providers. On the other hand, ATS are to be provided to users on a cost-recovery basis. ATS providers are therefore obliged to plan and manage their airspaces in consultation with their users, so as to ensure efficient and cost-effective services.

4.7..2. Issue

It is necessary to determine transparent procedures and criteria for the designation of airspace and the provision of ATS in such airspace.

4.7.3. Considerations

As indicated earlier, it is the responsibility of the CCA to designate airspace for different uses and for the purposes of providing ATS. The main consideration is aviation safety.

Commercial consideration also play a role. Service providers and their users have an important role to play in the planning of the airspace and the provision of ATS. It is therefore considered appropriate that the planning of the airspace and the provision of services be done at a level where all stakeholders are involved.

The nature of ATS, makes it impossible to prescribe a rigid set of criteria for service provision. The decision whether or not to provide ATS and the level of such services could be influenced by a number of factors which are both safety and commercially driven.

4.7.4. Proposed policy

The CCA should prescribe a set of criteria (or trigger elements) at which it may be necessary from the point of view of safety, to designate a particular airspace or airport for the purposes of providing ATS, including the level, type and extent thereof, in such airspace or at such aerodrome. These criteria should include references to elements such as air traffic movements and their composition, for example the size of aircraft, international versus domestic movements and their purpose (commercial, private, business, sport and/or recreational flights).

When air traffic movements in a particular airspace or at an airport meet the above-mentioned criteria, the responsible ATS provider or airport licensee (or applicant for such a licence) is to carry out an assessment to determine the level and type of ATS and ANS to be provided or changed. Such assessment should consider the level of service and economic (cost/benefits) aspects and their interrelation. This assessment must be done in consultation with the stakeholders who may be required to pay for or benefit from the services, with the purpose of determining if the services or change thereto is viable and sustainable, and, if it is not, what alternative measures could be put in place. (Alternative measures could be changed procedures, remote servicing or curtailment of services.) Aspects that should be considered include the following:

Forecasts of air traffic movements and their composition
The level of communication services available
The adequacy of appropriate surveillance
The availability of flight information systems
Proximity of other airports
Navigation and approach systems
Surrounding terrain
Abnormal circuit patterns
The flexibility of use of airspace.

The responsible ATS provider or airport licensee (or applicant) needs to present the findings of the above-mentioned assessment to the CCA for final consideration and decision.

A consultative body (similar to the existing NASCOM) through which the CCA would consult with the various stakeholders, should be formed and institutionalised, with the purpose of assessing the submissions of service providers and licensees. After such consultation, the CCA will make known his or her final decision as to whether a particular airspace/airport is to be designated and/or whether ATS are required, as well as the type, level and extent of such airspace and services.

The ATNS should be responsible to compile, in consultation with stakeholders and ATS providers, a national airspace master plan for approval by the CCA.

All existing designated airspaces and airports should be reassessed in terms of the above criteria and procedure. Existing military (special use) airspace should also be reassessed, but with due regard to strategic requirements.

4.8. ALLOCATION OF SLOTS

4.8.1. Background

As is the case with any other transport infrastructure, airspace (particularly controlled airspace) could also become congested. The capacity of an airspace, commonly referred to as slots (i.e. the number of air traffic movements which could be accommodated in a particular airspace in a specific period of time), is not fixed and is affected by, inter alia, separation criteria and the ability of air traffic controllers to handle air traffic movements. Furthermore the availability and capabilities of supporting ANS also have an effect on the availability of slots. The capacity of the airspace at an airport is also influenced by the capacity of the airport itself, for example runway and other facilities.

4.8.2. Issue

In an environment where ATS are provided on a commercial basis, congested airspace could in the absence of clear guidelines cause problems with agreement on priorities for slot allocation, for example ATS providers may be inclined to prioritise according to a slot's potential to generate revenue.

4.8.3.Considerations

ICAO guidelines for the allocation of slots and priorities for airspace use (a "first-come, first-served" basis) have in recent years been amended to take commercial realities into account. In addition there has recently been considerable change in regard to the respective roles of ATS providers, airport operators and regulatory authorities in so far as the determining of priorities for the use of airspace is concerned. Priorities based on the ICAO standards were usually mandated by the State when it was both the regulator and the ATS provider, and when airports were not administered as the commercial enterprises they are today. There is now a clear distinction between these roles:

The regulator is responsible for industry-wide safety and for ensuring compliance with ICAO standards
The ATS provider is responsible for managing the safe and efficient flow of air traffic and meeting the needs of its customers, namely the aircraft operators (airlines) and the airport operators
The airport operators are the managers of the airports, who are responsible for ensuring safe airport operations and for meeting the needs of their airline customers and passengers.

With the above responsibilities in mind, it is normal for consultations to take place between the ATS provider, airport operators, the airlines, other aviation groups and individual aircraft operators. The purpose of such consultations is to establish individual needs and then to organise the traffic management system to deliver the most effective service. Such consultations should consider not only the allocation of available slots but also the number of slots to be made available by the ATS provider and airport operator. Where a major change is required in the air traffic system, for example if the consulted parties propose that light, single-engine aircraft be given first-come first-served priority over large commercial jet aircraft or where additional slots are to be made available by implementing changed procedures or by installing new or upgrading existing equipment, such as a radar system, the cost of achieving this should be determined and put to the consulting parties. This should also be the case when flow management is to be introduced to relieve congestion at a particular airport.

The regulatory authority should not become involved in the determination of priorities which revolve around commercial pressures. The regulatory authority has to maintain an overview of the above-mentioned process with the intent of ensuring the maintenance of system safety and the observance of any appropriate policy principles and regulatory requirements. One of the basic principles of the domestic air transport policy is that airlines should be treated equally. The regulatory authority should for instance ensure that this principle is adhered to in this regard.

4.8.4. Proposed policy

ATS providers are obliged to provide capacity in airspace in consultation with their users, for example airlines, airport operators and users. In these consultations, due regard should be given to the relation between the level of the service (number of slots) and the cost of making such slots available.

ATS service providers, airport operators and users should confer on the allocation of slots in congested airspace. These role players should jointly draw up and negotiate guidelines in this regard and the DOT should approve such guidelines for implementation by the ATS provider.

4.9. SEARCH AND RESCUE

4.9.1. Background

Annex 12 to the Chicago Convention, 1994 deals with search and rescue (SAR). Annex 12 requires States to arrange for SAR services within their sovereign territory and over the high seas for which they have accepted responsibility. The South African area for SAR differs from the area depicted in Figure 1, in that South Africa also accepted responsibility for providing SAR in the Windhoek FIR. SAR services are to be provided in accordance with the provisions of the Annex and shall be co-ordinated with adjacent States. The services shall be provided and shall be available at all times, in other words on a 24 hour basis.

Under the requirements of Annex 12, States are to establish rescue co-ordination centres as may be required and designate public or private service elements as rescue units, with defined functions. Each rescue co-ordination centre is to have a detailed plan for the conduct of SAR operations in its area of responsibility.

The Southern Africa SAR Organisation (SASAR), is a non-statutory committee and currently co-ordinates SAR services in South Africa from two rescue co-ordination centres located in Johannesburg and Cape Town respectively. The CCA heads this organisation.

4.9.2. Issue

There is a need to institutionalise SASAR.

4.9.4. Proposed policy

The DOT, in consultation and in co-operation with other relevant authorities, should remain responsible for ensuring the provision of SAR services in the South African airspace.

The current arrangements regarding the existence of SASAR are endorsed. SASAR should be formalised and institutionalised through the necessary legal instruments.

4.10. DESIGNATION OF ROLES AND FUNCTIONS

4.10.1. Background

Several airspace issues including the allocation of roles and functions to various role players have been dealt with in this section. These functions have been drawn together and appear below as a clear guide to the designation of functions and responsibilities relating to airspace matters.

4.10.2. Proposed policy

The roles and functions of the various role players are as follows:

The national Minister of Transport is responsible for -

giving effect to the provisions of the Chicago Convention, 1944, particularly with respect to the establishment of airspace and related airspace matters.

The CCA is responsible for -

designating airspaces for different uses and for determining the criteria for the provision of ATS within such airspaces, in accordance with transparent procedures, and the set criteria and by involving stakeholders;
designating ATS units to provide ATS in specified airspaces;
designating the airports where ATS shall be provided; and
ensuring that ATS are provided at such airports.

The DOT is responsible for -

setting safety standards pertaining to the provision of ATS and ANS. This includes the setting of rules and procedures to be followed in the various types of airspace. These standards, rules and procedures are to be in accordance with those set out in the Chicago Convention, 1944, and its Annexes;
ensuring the publication of aeronautical information and charts in accordance with the standards and recommended practices prescribed by ICAO;
monitoring compliance with the above safety standards, rules and procedures. A licensing system should be developed to monitor compliance. Such a licensing system should be implemented by means of the appropriate legal instruments;
approving guidelines on the priorities for slot allocation in congested airspace;
monitoring compliance with ICAO requirements;
ensuring the provision of SAR services in accordance with ICAO requirements;
ensuring the organisation and operation of rescue co-ordination centres; and
co-ordinating SAR arrangements with adjacent States.

SANDF

The SANDF is responsible for the provision of ATS for military purposes.

Provincial governments should be represented -

on NASCOM
on SASAR.

ATS providers

ATS providers are responsible for the provision of services in accordance with applicable legislation.

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5. INTEGRATION OF THE AIRPORT INTO ITS ENVIRONMENT

5.1. INTRODUCTION

5.1.1. General background

This key policy area deals with the interaction of the airport with its environment (i.e. with its vicinity) and vice versa, and deals with all the aspects on land that are not directly related to the operation of the airport. Of necessity, the impact dealt with here is of a localised nature and focused on individual airports.

Although this key policy area deals with localised issues, it is included in the national policy since a uniform approach is required nationally on certain issues. The airport is seen in its wider context, as an important component of the multimodal transport system and a facilitator for development throughout South Africa.

5.1.2. Scope

The airport environment or the vicinity of the airport is defined as:

the influence area of an airport, including the land-side of the airport. It includes the geographic areas surrounding the airport that are directly or indirectly affected by the airport and vice versa.

The proposed policy under this theme includes the access to the airport, the land use on and around the airport, the socio-economic impact of the airport and the environmental impact.

5.1.4. Focus area

Due to the localised nature of this policy area, only broad policy statements are made which pertain to all airports and heliports. For the major or primary airports, however, more specific policy is required to ensure an effective aviation system, particularly for tourists and international business people.

Similarly, in the rural areas, the direct impact of the airport on its vicinity and vice versa is not as complex and problematic as in the metropolitan and urban areas. Consequently the national policy is focused more on the metropolitan and urban areas to facilitate integration of the airport into its vicinity and to ensure optimum utilisation of the opportunities presented by the airport. It is necessary to distinguish a number of different types of airports for which the vicinity issues are of prime concern, namely:

Primary airports (i.e. airports serving international travellers and the economy of the country and region as a whole), and the other smaller airports and aerodromes
Airports located in the built environment (i.e. airports in metropolitan or urban areas and residential areas), which have a major impact on their direct surroundings and the residents of these areas, and those in the more remote or outlying areas.

The policy proposed below deals with all airports generically, but provides more specifically for the primary airports and the airports located in the built environment.

5.2. VISION

The following vision is proposed for the integration of airports into their environment:

Accessible airports integrated into and operating in their natural and built environments, while performing their function in the economy and the transport system, and serving and benefiting their affected communities, with minimised negative impacts.

5.3. FUNDAMENTAL PREMISE

5.3.1. Considerations

The point of departure in formulating the policy proposed below was that there should be a balance between the airport interests and those of stakeholders in the vicinity of the airport. This balance implies the following:

The airport should fit into and be in harmony with its environment and also be well integrated into the vicinity of the airport
The authorities responsible for the area surrounding the airport should facilitate the integration of the airport into its environment, and in their own interest support the development and effective operation of the airport.

This approach should ensure that both major role players (airport owners and local/provincial authorities) strive to integrate the airport into its environment. The obligation placed on the authorities in this regard emanates from the benefits that local communities would gain from an airport that is well integrated into its environment.

Lastly, the approach adopted provides for the airport and the airport owner to ensure that the airport, as far as applicable, falls within the framework of existing legislation relating to matters in the vicinity of the airport. This relates specifically to the provisions of the Development Facilitation Act, the Land Transport Bill (currently being legislated) and similar legislation.

5.3.2. Proposed policy

All role players (authorities and airport owners) must ensure that as far as possible airports are in harmony with their environment (particularly with regard to airport development and operations). The airport owner will have to comply with all local requirements, including the local structure plans and Land Development Objectives (LDOs), similar to any other land use development. The airport owner will be obliged to give input into local planning, and public-use airports should contribute towards provincial and local development according to the local and provincial development frameworks.

The provincial and local government should support the airports pertaining to development and to their effective operation. Any legislation and regulations that govern the airport should benefit the community, and should take into account the aviation needs of the airport so as to provide for development.

The transport authorities should view an airport as an important component of their transport systems and, therefore, should support the airports, particularly as regards effective access.

The existing legislation and regulations, covering aspects such as land transport, land use development and control, traffic impact, environmental matters and tourism development, will also apply to airports.

5.4. ASPECTS COVERED

The following aspects are covered under the broad theme of Airports and their Vicinity:

Integrated planning
Land transport matters
Land use on and around airports
Environmental impact
Other aspects
Apportionment of roles and functions

5.5. INTEGRATED PLANNING

5.5.1. Integrated metropolitan and local planning

5.5.1.1 Background

An airport can be viewed as an important modal transfer facility and an important land use. An airport - particularly a busy one - has a major impact on the land transport system and on the land use in its vicinity. For this reason the planning of an airport should form part of the overall planning of the area.

5.5.1.2. Issue

Problems such as the suboptimal use of scarce resources arise when airports are planned in isolation from the vicinity in which they are located.

5.5.1.3. Considerations

While the DOT and provincial government have joint competencies for transport planning and an airport would form part of the provincial transport system, the White Paper on National Transport Policy indicates that detailed transport planning should be done at local/metropolitan government level. This tier of government is also responsible for land use planning and control.

The Urban Transport Act, 1977, has been devolved to the provincial governments, which now control and co-ordinate land transport planning in their provinces.

The DOT has prepared guidelines as well as planning requirements for the preparation of transport plans, and has published the Land Transport Bill, 1997.

It is in the interest of airport owners to undertake master planning for the development of an airport. By providing the information from such master plans to the responsible local authorities, such authorities should be able to ensure compatible land use development zoning. This, in turn, should ensure an accommodating environment with no unrealistic restrictions on airport development.

5.5.1.4. Proposed policy

Provincial and local government must jointly incorporate airports as part of a holistic planning approach towards the total transport system and the environment in which they are located, and ensure the inclusion of airports in the formulation of Land Development Objectives in terms of the Development Facilitation Act. Airports must be included in all transport plans prepared in terms of the Land Transport Bill (currently being legislated).

It is in the interest of airport owners to undertake master planning when the airport is initially planned or when it is upgraded / expanded. (Such expansion refers to expansion of infrastructure or operations.) It is in the interest of local authorities to know what planning is being undertaken. Accordingly, airport owners must brief local government on their land development plans which must be approved in a way similar to other local land developments. (The DOT will investigate the need for guidelines on the preparation of airport master plans for this purpose.) Local government should include the information from the airport master development plan (and precinct plans) after the plan has been accepted in their land use zoning schemes and development management systems.

5.5.2. Provincial transport planning

5.5.2.1. Background

In terms of the Constitution, 1996, provincial government has legal competency for, inter alia, provincial planning and public transport planning.

5.5.2.2. Issue

In the past it was not clear what the transport planning functions of provinces were regarding airports. This applies to a wide spectrum of aspects ranging for example from the planning of airports as part of the provincial transport network to parking requirements at the airport.

5.5.2.3. Considerations

The planning of areas in the vicinity of airports has a mainly local impact. Where local government has the capacity to undertake the detailed planning itself, the province should devolve this function to this tier of government. However, provinces should remain responsible for ensuring effective planning, particularly for the major or primary airports.

5.5.2.4. Proposed policy

Provinces should include airports in the provincial transport plans and must include airports in the provincial transport frameworks and in the provincial development plans. Airport development should be included in the provincial Land Development Objectives (LDOs). Due consideration should be given to the accessibility of airports.

5.6. LAND TRANSPORT

5.6.1. Road access to airports

5.6.1.1. Background

There are two viewpoints on the responsibility for road access to airports. The one school of thought is that an airport - even a major international airport - merely generates (or attracts) traffic, in the same way as any shopping centre or other development. In such a case an airport developer would be solely responsible for the road access, even the interchanges, and might be requested to fund the upgrading of roads a considerable distance from the airport to compensate for the impact caused on traffic.

Another school of thought is that an airport - particularly a primary airport serving the public - is a public utility that serves the region and should be supported and promoted as part of the transport network.

In order to resolve this issue, most role players consulted agreed that a distinction should be made between access for aviation purposes and access for other purposes, such as for commercial developments.

5.6.1.2. Issue

Clarification is required on the responsibility for road access to airports from the nearest interchange or nearest existing public road. This includes the construction of access roads and improvements to the existing roads.

5.6.1.3. Considerations

When decisions are made on public road access to an airport, the usage of an airport and the target market should be considered, in other words whether the general public (the whole community), or only a part of the community, is served. The economic and other impacts of the airport should, therefore, be a consideration when decisions are made on the involvement of the authorities in all tiers of government.

Furthermore, a distinction should be made between access for transport (aviation) use and other uses.

5.6.1.4. Conclusion

When considering the two schools of thought on the responsibility for provision of access to the different types of airports, it is clear that each case will have to be dealt with on its own merits and that airport owners should negotiate with the transport authority responsible for the provision of road access to specific airports. The transport authorities will deal with each issue as part of their list of priorities, and should focus on serving the transport (aviation) needs of the airport.

5.6.1.5. Proposed policy

Transport authorities are responsible for public roads. However, the owner of an airport is primarily responsible for ensuring adequate road access to an airport, similar to access to any other land use development. The roads authorities have to take into account the accessibility needs of airports into consideration when planning the road network, and should accept the responsibility to further adequate road access to airports.

The airport owner and the transport authority should negotiate the actual provision of the road access. The responsibility for the provision of road access to serve the aviation (transport) needs of public-use airports should be shared by the transport authority and the airport owner, where justified. Such access should be planned and provided in accordance with the transport plan for the area, as a joint exercise between local government (or other responsible transport authority) and the airport owner, with due regard to budgetary constraints and other priorities. Roads to serve the commercial (non-aviation) interests of the airport or to serve private airports should be dealt with similarly to roads serving any other land use development.

5.6.2. Parking and traffic on land of major airports

5.6.2.1. Background

Although roads located on the property of airports are not part of the public road system, these roads are often used by the general public, particularly at the major / primary airports.

5.6.2.2. Issue

With the expected growth in aviation, a substantial growth in road traffic can be expected on the land at airports. At the major / primary airports used by the general public, such road traffic needs to be regulated and planned for. There is sometimes confusion about the allocation of responsibility for the regulation and control of road traffic on the property of airports. Road traffic conditions at the major airports are deteriorating because of increasing traffic and traffic congestion.

5.6.2.3. Considerations

The airport land is often privately owned, which could cause confusion about the responsibility of the local traffic police for the regulation, control and management of the road traffic.

There are indications that the road traffic situation on our major airports may deteriorate further in future. This may limit the capacity of aviation to grow to its full potential.

5.6.2.4. Proposed policy

The provision of adequate parking and the planning and controlling of road traffic on the property of the airport is the responsibility of the airport owner, who must ensure safe and orderly road traffic movement in the areas open to the general public.

The owners of the major / primary airports should plan the road traffic system for the airport premises in consultation with the local traffic engineering and traffic police departments and the road transport inspectors appointed in terms of the Land Transport Bill (currently being legislated) in accordance with the integrated transport plans of the transport authorities.

5.6.3. Public transport access to major airports

5.6.3.1. Background

Internationally, major airports are often served by a public transport system dedicated to the airport. The current lack of adequate public transport services serving the airports in South Africa has been identified as a major problem in South Africa. In addition, the lack of control over the limited public transport services is of particular concern. These shortcomings put a constraint on tourism and development.

5.6.3.2. Issue

Indications are that there is a lack of effective public transport serving the major / primary airports. Where services are provided, they are often not adequately controlled. Tourists are being exploited at some airports.

None of the major airports in South Africa is currently served by a rail-based system or other form of mass transport.

5.6.3.3. Considerations

An effective and efficient public transport system is seen as a requirement for any successful major airport.

Support by government (e.g. a subsidy) for providing access to an airport should be determined by the demand for public transport and the impact that this may have on development.

Provinces and local authorities often have far greater priorities and needs for subsidised public transport for commuters in lower income groups than for the users of air transport who are usually from the higher income groups.

5.6.3.4. Proposed policy

Although the provision of public transport to airports is a joint responsibility between the transport authorities and the airport owners, the owners of airports are primarily responsible for promoting adequate public transport services to serve their specific airports. The airport owners should communicate the public transport needs with the appropriate transport authorities responsible for the public transport system.

The transport authorities should include the public transport needs, demands and services related to airports in their passenger transport plans and transport frameworks. Transport authorities should give priority to public transport services that serve the major / primary airports, as part of their approach to promoting public transport. In its decision to contract public transport services, the transport authorities should include the economic and strategic impact of airports, when such services would serve an airport.

Effective monitoring and strict control of the public transport services serving the airports should be ensured by the transport authorities which should also consider the level of service rendered to tourists and the fares charged, as envisaged in the National Land Transport Bill (currently being legislated).

Government will prepare guidelines for public transport to serve the major/primary international airports.

The airport owner will ensure adequate and appropriate loading and holding areas for public transport and must ensure an equitable and safe operating practice concerning queuing and traffic operations. Any approval of public transport operators by an airport owner must be done in consultation with the appropriate transport authority, and will be subject to the approval of the transport authority, taking due cognisance of the requirement for permissions issued by a provincial permissions board, as stipulated in the Land Transport Bill (currently being legislated).

Equal opportunity should be given to all land transport operators to provide public transport access to airports, based on the principle of contracts or concessions (regulated competition).

The transport authorities and provinces should consider rail transport links to serve the major airports. Any planning and provision of such a rail transport link should as far as possible be done as a joint exercise between the transport authority and the airport owner, giving recognition to the existing and potential rail transport agencies / operators. The planners of any system must ensure adequate consultation with the role players.

5.7. LAND USE ON AND AROUND AIRPORTS

5.7.1. Background

There is an increasing number of commercial developments on airports such, as offices, shops, tourism facilities, hotels, restaurants, fuel stations and warehouses. These developments are often motivated by the need to optimally utilise the available land, and to ensure maximum non-aviation income.

Land use developments around airports often encroach upon the airport, making it difficult to extend the airport or to use it to its full potential later. There is apparently little control by the authorities on the land use developments adjacent to the airports.

5.7.2. Issue

Clarity is needed about the responsibilities and powers of airport owners for the development of land uses not related to aviation land use.

There is a need to control the land use development on airports and in the areas adjacent to airports, and to ensure appropriate and compatible developments. An airport should also be developed with due regard to planned future developments, and such development should be subject to transport planning.

5.7.3. Considerations

The zoning system used by land use planning authorities is often not appropriate for governing the land use developments on airports, as the land use needs of airports are unique. In many instances airports have poorly utilised the total land available.

Any land use development on an airport should not be in conflict with the land use planning done by the local authority.

The erection of buildings or other obstructions in the pathways of aircraft has to be controlled effectively, and land use development around the airports should not prevent the airport from developing to its full potential.

Certain existing land uses (residential, hospitals and homes for the aged) should also be considered when planning land use development on an airport.

5.7.4. Proposed policy

5.7.4.1. Land use on airports

The airport owner should compile the land use master plan and precinct plan of the airport for any new developments in consultation with the appropriate local government.

Any development on an airport shall be in accordance with the local structure plan and applicable Land Development Objectives (LDOs), and the owners of airports in the urban areas must ensure that appropriate land use zoning applications are made to the local authorities and relevant transport authorities. Airport zoning will include all aviation-related developments. Any non-aviation land use developments on an airport should be regarded as "consent use or approval usage" and should be done in terms of the local legal stipulations in the same way as to any other local developments, such as the Land Transport Bill (currently being legislated).

These developments will be subject to the approved integrated transport plans, including any travel demand management requirements.

5.7.4.2. Land use around airports

The authorities responsible for land use planning and control in the vicinity of an airport should ensure that ~~the~~ future zoning of areas close to the airports are compatible with the airport development. This should be addressed by means of the appropriate Land Development Objectives (LDOs) in terms of the Development Facilitation Act, or similar legislation.

The airport owner must inform the local authority of any planned or foreseen development which will have an impact on the areas surrounding the airport, in order to promote the appropriate land use development in the vicinity of the airport that would not restrict the airport development.

The local authorities must consult airport owners regarding land use zoning close to airports, and grant them adequate opportunity to give input and comment on any zoning or rezoning application close to the airport.

The airport owner is responsible for informing the local authorities of the obstacle-free zone as determined in accordance with the regulations under the Aviation Act, 1962. The local authority should control this area and ensure that no contravening buildings or obstructions are erected. The airport owner, in consultation with the local authority, should ensure that the obstacles are surveyed in accordance with ICAO standards and in accordance with the requirements of the CAA.

5.8. ENVIRONMENTAL IMPACT AND NOISE CONTROL

5.8.1. Background

Airports and their use could have a major impact on the environment. This impact includes the following:

Noise pollution
Air pollution
Water pollution
Visual pollution

For various reasons the noise pollution from airports in South Africa is increasing. This has a major impact on the communities in the immediate vicinity of the airports. Authorities claim that the uncontrolled increase in noise pollution from the airports is sterilising major areas of developable land, to the extent that the airports are sometimes viewed as having more negative than positive impacts. One of the major concerns is the fact that many new airlines are entering South Africa, and that many of these airlines are using aircraft that are not acceptable in other countries. Together with the growing number of night flights, this is causing increasing resistance from the communities in the affected areas.

The DOT has indicated that it will soon begin formulating a detailed policy on noise pollution from aviation, particularly at airports.

5.8.2. Issue

There is growing concern that the environmental impacts of airports are not acceptable and are not controlled. Adequate measures are needed to ensure that the environmental impact and noise pollution from airports are properly managed and controlled.

Many communities are displaying growing resistance to the increasing noise pollution from airports located in residential and commercial areas. All stakeholders and role players are responsible for addressing this problem, but these responsibilities have not yet been delimitated. Indications are that this problem is worsening and that there is no clear solution to it.

In addition the local authorities allow residential development to take place in the demarcated noise zones of airports. This limits an airport's capability expanding and using its full potential.

5.8.3. Considerations

Issues of environmental impact are gaining prominence internationally. This is also becoming a South African phenomenon.

The DOT is currently planning a research project on aircraft noise and noise control measures. This research project will only be completed after this policy has been finalised.

In addition to the growing number of aircraft, a growing number of noisy aircraft is being used in South Africa, contrary to the policy accepted by ICAO on phasing out aircraft specified in Annex 16, Environmental Protection, Chapter 2. Internationally there is an increasing resistance to noise pollution. Certain norms and standards have been accepted at most of the major international airports.

The airport owners have to comply with national and provincial legislation on environmental impact.

5.8.4. Proposed policy

The DOT will ensure regulatory measures aimed at maintaining an acceptable and manageable level of environmental impact by airport developments and utilisation, inter alia the level of noise pollution and emission control from the airport and the use of the airport by aircraft.

The DOT will encourage all airport developments to be planned with an appropriate Environmental Impact Assessment and management programme. This will include the development of new buildings, runways and taxiways, hangars and all other physical infrastructure developments, as well as changes in the utilisation of the airport.

The DOT, in consultation and in co-operation with the provinces and other stakeholders, will formulate a detailed policy on noise control and aircraft emissions from airports and aviation. Early indications will be given on the actual policy and the programme for the phasing in of ICAO guidelines.

The DOT will introduce general noise abatement procedures, but each airport will be responsible for introducing and maintaining adequate and acceptable airport-specific noise abatement procedures, in accordance with their responsibilities. The DOT will prepare guidelines for this purpose.

The DOT will give due consideration to the guidelines of ICAO in the drafting of regulations and legislation.

Airport owners are responsible for determining and monitoring the existing noise contours. The airport owners should furthermore project future noise contours and provide the information to the local authorities.

Local authorities should demarcate the noise contours in their spatial frameworks and ensure that no inappropriate development takes place in the demarcated noise zone. Local authorities should consult the CDCAA and the airport owner regarding any proposed developments in the noise zones or noise-controlled areas.

Each airport will be responsible for introducing and maintaining adequate and acceptable noise abatement procedures. The CDCAA will ensure that mechanisms are established to enable the control of such noise abatement procedures. This factor will be covered more substantially in the planned detailed policy on airport noise control.

The CDCAA will give due consideration to the guidelines of ICAO in the drafting of regulations and legislation.

The CDCAA will promote overnight noise control in residential areas.

5.9. OTHER ASPECTS

5.9.1. Tourism development

5.9.1.1. Background

The necessity for a holistic approach to the planning of transport infrastructure becomes evident, particularly as airport facilities have an enormous impact on the development of tourism. The international airports are the first impression that international visitors and foreign passengers have of South Africa before being transported from the airport to their destination.

5.9.1.2. Issue

Airports and the land use developments surrounding airports often contribute to the development of tourism by improving accessibility. The opposite could also be true, especially if the above-mentioned factors are not integrated into the planning process.

5.9.1.3. Considerations

An effective public transport system is required to accommodate and to transport tourists and visiting business people from the airport to their destinations.

Land uses at the primary airports need to be optimised to meet to the specific needs of tourists. These uses should include restaurants, restrooms and entertainment facilities of an international standard.

The land uses in the vicinity of the airport, must be compatible with those at the primary airports and aimed at providing tourist attractions in close proximity to the airport. The promotion of South African products and resorts should be introduced in as short an interval as possible between the arrival of tourists at the airport and their departure to their destinations.

One of the main reasons that tourists fear to explore South Africa to its full extent, is the history of violence and crime in the country. Attention should be given to ensuring the security and safety of all passengers at airports.

Since the greater part of the South African tourist industry is based on ecotourism, the "African experience" and an unsurpassed natural heritage of fauna and flora, the environmental impact of airport developments requires special attention.

The White Paper on Tourism lists a number of factors that have relevance to airports and airport development. These should be considered when decisions are taken on airport developments.

5.9.1.4. Proposed policy

The owners of the primary airports are responsible for facilitating the promotion of tourism, and should assist with tourism development in terms of their social obligations.

The airport owners have to take care to ensure the safety of passengers, luggage and vehicles at airports, and local police should have access to the premises to enhance the visibility of law enforcement.

The authorities responsible for the planning of land uses on and in the vicinity of airports, should ensure that preference is given to land uses that focus on the requirements and needs of the tourism industry.

Public transport to the primary airports for use by tourists should be given a high priority with a focus on comfortable, convenient and safe land transport, with adequate information and service by trained people.

5.9.2. SMME and business opportunities

5.9.2.1. Background

The aviation industry offers opportunities for the development of human resources and the meeting of basic needs through training, capacity building and public participation. The communities in the vicinity of the airport should be given the opportunity to contribute to the development of the airport.

5.9.2.2. Issue

The aviation industry has to promote itself to the various tiers of government and to the general public. It must also endeavour to create an awareness of its value as a contributor to the national and regional economy. It should promote the recruitment, training and integration of people from all communities.

5.9.2.3. Considerations

The human resource needs influenced by the aviation sector are of a multidisciplinary nature, and should be addressed as such. Emphasis should be placed on the development of skills or technological knowledge by providing equal opportunities for all.

The communities affected by the airport should be given the opportunity to reap some of the benefits of the airport.

5.9.2.4. Proposed policy

Equal opportunity should be given to all transport operators to provide public transport services to airports, and to all other service providers, for example those providing recreational facilities, catering and beverage services, based on the principle of regulated competition. Opportunities to further the development of SMMEs should be identified.

5.9.3. Public participation

5.9.3.1. Background

Government has adopted a transparent and participative process where communities are affected by development. Many communities and other stakeholders complain that they have not been consulted when developments such as airports are planned and initiated.

5.9.3.2. Issue

There is a need to ensure that sufficient and effective stakeholder participation takes place during airport development.

5.9.3.3. Considerations

The communities in the vicinity of an airport, the local and provincial authorities and other stakeholders should be given the opportunity to give input into and comment on airport development, in so far as this would have an impact on them.

5.9.3.4. Proposed policy

Public participation must be encouraged in decision making, especially where residents on land surrounding airports, users and other stakeholders will be influenced (directly or indirectly) by the development, expansion and upgrading of the airport itself, or land uses adjacent thereto.

5.9.4. Local emergency services and bulk municipal services

5.9.4.1. Background

Any major incident requiring emergency services at or in the vicinity of the airport, will require the local authorities to assist with the provision of ambulance and fire brigade services.

5.9.4.2. Issue

The planning of the emergency services at an airport is not always sufficiently co-ordinated with the emergency services of the local authority in the vicinity of the airport.

5.9.4.3. Considerations

Local authorities are responsible for determining and assessing risks and for ensuring that there are adequate emergency services in their area of jurisdiction. Local authorities often support and assist one another with major incidents requiring emergency services.

The apportionment of functions between the provincial government and the local government for the rendering of emergency services is sometimes controversial, and receives ongoing attention.

5.9.4.4. Proposed policy

The owners of airports should plan and monitor their emergency services as well as other bulk municipal services in consultation with the local authorities and the provincial authorities responsible for ambulance, fire brigade and civil protection services.

5.10. APPORTIONMENT OF ROLES AND FUNCTIONS

5.10.1. Background

Policy and legislation are already in place and provide for the apportionment of functions not related to airports between the different tiers of government. The policy proposed below is not intended to change these, but to provide clarification where necessary.

5.10.2. Considerations

MINCOM has agreed to the apportionment of a number of transport-related functions for the three tiers of government. Most of these functions have been addressed in the CTP.

5.10.3. Proposed policy

In line with the National Land Transport Policy, the national Government will have the following functions pertaining to integrated planning for airports and overarching functions pertaining to public transport:

Establishing norms and standards
Conducting transport research
Undertaking demonstration projects
Compiling national guidelines on the provision of access to airports
Compiling national guidelines on the inclusion of airports in transport plans and transport frameworks
Formulating detailed policy on aircraft noise control.

Provincial functions and responsibilities pertaining to airports include the following:

Drafting provincial transport policy and legislation
Planning of airports on a provincial macro scale (e.g. location, including the effect of adjacent airports on one another), and determination of community needs
Setting provincial norms and standards pertaining to the land-side of the airports
Inclusion in Land Development Objectives
Inclusion in Transport Framework
Ensuring, where appropriate and within budgetary and priority constraints, the planning, design, construction and funding of road access serving the airport
Ensuring and controlling the provision of public transport services where warranted
Co-ordinating the land use planning and transport planning in the areas adjacent to the airports
Legislating for the environmental impact requirements.

Local government functions include the following:

Planning and controlling road access
Ensuring inclusion in transport plans and land use plans
Managing and controlling access to public transport
Controlling the environmental impact
Controlling the public transport services
Managing and enforcing of road traffic legislation in public areas
Ensuring inclusion in land use zoning schemes
Ensuring compatible land use zoning and control
Planning the bulk services and emergency services to serve the airport in consultation with the airport owner
Planning public transport to ensure provision of services and monitoring such transport in terms of approved integrated transport plans.
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6. HUMAN RESOURCE DEVELOPMENT AND TRAINING

6.1. INTRODUCTION

The Government has accepted a broad transversal policy aimed at enhancing the development, education and training of human resources in all functions of Government. This would also pertain to the function of airports and airspace matters.

6.2. PROPOSED VISION

The following vision is proposed:

An airports and airspace management industry with harmonious labour relations, providing opportunities for participation for all communities in South Africa, where the potential of all participants is optimised through a system of ongoing education and training, and by means of affordable, sustainable and accessible learning courses provided by officially accredited institutions which are generally accepted, which are in line with national and internationally comparable standards and which prepare the participants to meet the challenges of a high-technology industry.

6.3. HUMAN RESOURCE DEVELOPMENT

6.3.1. Background

The Government has committed itself in terms of the macro-economic and social strategy, to the development of its people and the upliftment of marginalised communities. The Government has accepted a broad transversal policy on this matter and will implement this, also in the field of airports and airspace management. The White Paper on National Transport Policy states that line departments and parastatals do not seem to be adequately engaged in training.

6.3.2. Issue

There is a lack of adequate co-ordination and integration in the training of personnel for airports and airspace management. Human resource development should be given considerably more attention to meet the needs of society in general, and the participants in airports and airspace matters in particular, in a highly technical field.

6.3.3. Considerations

The Government, in the White Paper on National Transport Policy, supports the liberalisation of the aviation industry and has decided to limit its involvement in the operational aspects.
The Government will, however, continue to support human resource development and training in aviation.
The needs of aviation require that high standards be developed and maintained in a technologically demanding environment, since inadequate standards would be costly to the country and might even be disastrous to safety.

6.3.4. Proposed policy

The DOT, in line with the Department of Labour's Policy Proposals for the Skills Development Strategy for Economic and Employment Growth in South Africa, will encourage the public and private sectors of the aviation industry to develop and improve education and training systems through participation in the appropriate Sectors Education and Training Organisation (SETO) as outlined in the Green Paper policy document.
In the interest of safety, the DOT will ensure that appropriate national industry standards are set for the aviation industry, in co-operation with the appropriate SETO and in consultation with all the role players involved.
The Department of Transport will, in the interest of aviation safety, license certain key personnel involved in airports and airspace management to ensure the achievement and maintenance of competence in the agreed national standards.
Employers involved in airports and airspace management should, in co-operation with labour representatives, promote good labour relations through fair, humane, and acceptable labour practices, workers' rights, job creation and security, sound working conditions, health and safety, and welfare benefits for employees. They should demonstrate their commitment to continually improving the lives of their employees through programmes, procedures, structures and services which are representative, coherent, transparent, efficient, accountable and responsive to the needs of all. Employers should also promote harmonious labour relations in line with the Labour Relations Act and other related legislation and provide secure and safe working conditions in terms of the Occupational Health and Safety Act.
Employers should in co-operation with labour representatives invest in the education, training and development of employees in conjunction with the appropriate SETO and in line with the National Qualifications Framework (NQF) under the South African Qualifications Authority (SAQA), with due regard to appropriate programmes for the orientation of new entrants and outcome-based learning.
Training needs for the provision, maintenance and operation of airports, ATS and ancillary services should be identified and quantified in terms of short to medium-term training plans on an ongoing basis. The provision of education and training should be channelled through nationally accredited providers such as universities, technikons, technology transfer centres and formal training centres which present training in accordance with industry standards.
Where the Government is involved in large contracts, the human resource development aspects will be managed in consultation with the appropriate SETO to access the National Levy/Grant scheme and the National Skills Fund in addition to ensuring the transfer of sustainable skills.
The education, training and development policy objectives of employers should include the establishment of a democratic ethos underlined by the overarching importance of human rights, the establishment of mechanisms for consulting and involving of role players in policy issues, human resource development and capacity building as a precondition for effective institution building and improvement in the level and quality of service delivery.
Employers should ensure that demand-led training is conducted for all employees, taking into account the skills and competencies required, career pathing and occupation-specific training requirements.
The Government should keep pace with the rapid development of advanced transportation and information technologies internationally. The CAA will use this information in its capacity-building programme.

6.4. TRAINING FACILITIES

6.4.1. Background

Various training facilities and training institutions throughout South Africa offer learning programmes in the field of aviation, air traffic control and airport management. However there are no formal and accredited courses available in certain specialised fields, and on-the-job training is provided by airport owners, airspace management and air traffic control employers.

6.4.2. Issue

There is currently a lack of sufficient co-ordination and management concerning the training of personnel for airports and air traffic control, administration and management. In certain areas no industry standards have been developed and there is also inadequate utilisation of certain limited training resources.

6.4.3. Considerations

The national Government has decided to restrict its involvement in airports and airspace management mainly to setting policy, guidelines and standards, to co-ordinating of the industry, facilitating development and enforcing compliance with safety standards.
While the national Government may not be directly involved in the education and training of personnel for the aviation industry, it should, in conjunction with the appropriate SETO, ensure the setting of standards and the accreditation of institutions and learning programmes where relevant. Licensing will be utilised where essential.

6.4.4. Proposed policy

The DOT will co-operate with the appropriate Sector Education and Training Organisation (SETO), in ensuring the establishment of relevant national and internationally comparable standards as well as the establishment of an Education and Training Quality Assurance (ETQA) body within the SETO, in terms of the requirements of the Skills Development Strategy, SAQA and the specific needs of the aviation industry.
The DOT, in partnership with the appropriate SETO, will encourage a standardised approach to education and training with regard to achieving the delivery of nationally recognised outcomes-based qualifications which comply with the principles of the Skills Development Strategy, SAQA, and the objectives of the Macro Economic Growth Strategy; together with the encouragement of advancement through the development of career and learning pathways for the people employed in the industry.
Where warranted, the DOT will encourage the utilisation of existing training facilities and the development of new facilities.
The national Government will support accredited courses that have an appropriate standard and will promote the development of an effective and efficient airports and airspace management system, such as courses presented by universities, technikons, technology transfer centres and formal training centres.

ANNEXURE A

For the purpose of this document, the following terms are explained as follows:

Term	Explanation
sustainability	to be able to continue
environmental sustainability	the continued existence of positive environmental conditions
social sustainability	the continued existence of positive social conditions
financial sustainability	the continued existence of positive financial conditions
economic sustainability	the continued existence of positive economic conditions
effective	achieving the right and desired result
efficient	maximising resources
economic infrastructure	transport infrastructure such as an airport which supports economic activity and should therefore recover its costs from users
network of airports	a system of effective and efficient airports
vicinity	the influence area of an airport, including the land-side of the airport.
International airport	equipped with facilities needed to accommodate international flights.
international and national airports	The Constitution refers to international and national airports meaning airports owned and operated by the ACL.
primary airport	having significant strategic and economic value to the country
provincial airport	owned by, and/or designated as such, by provincial Governments
national airport	all airports owned by the ACL and open to the public, serving scheduled and non-scheduled domestic flights (but not scheduled international flights)
military airport	operated by the SAAF in terms of the SANDF Act, normally for military use and control
private airport	owned by private individuals or institutions and normally used for private general aviation purposes, although some private airports are open to the public provided consent is granted
municipal airport	owned by local authorities
public airport	accessible to the general public and normally owned by the ACL, provincial Governments and municipalities
gateway airports	all major international airports, owned by the ACL, open to the public, serving scheduled and non-scheduled international flights, with necessary and appropriate facilities to accommodate international flights, notably the Durban, Cape Town and Johannesburg international airports .
airspace	space above the surface of the earth up to a height where an aircraft is no longer able to derive support from the atmosphere
contestability	open to competition
area control services	air traffic control service for flights in defined airspaces
approach control services	air traffic control services for arriving or departing flights in defined airspaces

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