Statutory Instrument 53 of 2018.

S.I. 53 of 2018 [CAP. 13:16

Civil Aviation (Regulation Development Committee) Regulations,
2018

IT is hereby notified that the Minister of Transport and

Infrastructural Development in consultation with the Board has, in
terms of section 79(1) of the Civil Aviation Act [Chapter 13:16],
approved the following regulations:—
Title
1. These regulations may be cited as the Civil Aviation (Regulatory
Development Committee) Regulations, 2018.
Interpretation
2. In these regulations, unless the context requires otherwise—
“aeronautical information publication” means a publication
issued by or with the Authority and containing
aeronautical information of a lasting character essential
to air navigation;
“Authority” means the Civil Aviation Authority of Zimbabwe
established in terms of section 4 of the Act;
“Board” means the Board of the Authority constituted in
terms of section 10 of the Act;
“Category A difference” means a difference when the national
regulation is more stringent than the corresponding
Standard and Recommended Practice, or imposes an
obligation within the scope of the Annex which is not
covered by a Standard and Recommended Practice;
“Category B difference” means a difference when the
national regulation is different in character from the
corresponding ICAO Standard and Recommended
Practice, or when the national regulation differs in
principle, type or system from the corresponding SARP,
without necessarily imposing an additional obligation;
“Category C difference” means a difference when the national
regulation is less protective than the corresponding
SARP; or when no national regulation has been
promulgated to address the corresponding SARP, in
whole or in part;

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2018

“committee” means the Civil Aviation Regulatory

Development Committee established in section 4;
“Minister” means the Minister of Transport and Infrastructural
Development.
Establishment of the Civil Aviation Regulatory Development
Committee
3. There is hereby established a committee to be known as the
Civil Aviation Regulatory Development Committee, a committee
under the Authority.
Composition of committee
4. The Regulatory Development Committee shall consist of not
less than seven members but not more than eleven members who shall
be appointed by the Minister in consultation with the Board and shall
include the following—
(a) the chairperson, who shall be an employee of the
Authority;
(b) at least three (3) Industry representatives (representing
commercial and general aviation industry);
(c) at least three (3) members from the Authority;
(d) Any other members as may be necessary.
Functions of committee
5. (1) The functions of the committee shall be to—
(a) recommend to the Minister proposed regulations for
approval;
(b) develop implementing standards for approval by the
Board;
(c) identify differences between the national aviation
legislation and international aviation law;
(d) research best practices in the aviation industry;
(e) perform any other functions as maybe conferred upon
the committee by the Minister.
(2) The assignment of functions to the committee by the
Minister—
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(a) shall not preclude the Minister from exercising such

functions;
(b) may be revoked by the Minister at any time.
Meetings of committee
6. (1) The Committee shall meet as may be deemed necessary
but not less than twice a year at such times and places as may from
time to time be determined by the chairperson.
(2) The chairperson shall call such meetings at least 14 days
in advance.
(3) The chairperson shall normally preside at every meeting
of the committee.
(4) If the chairperson is absent from a meeting of the committee,
the members present shall from among their number elect a person
to preside at that meeting.
(5) The procedures to be followed at meetings of the committee
shall be determined by the chairperson.
(6) The committee shall cause minutes to be kept of every
meeting thereof.
(7) The minutes referred to in subsection (6), shall be kept
at the offices of the General Manager.
(8) The majority of the serving members shall constitute a
quorum at any meeting.
(9) Notwithstanding subsection (1), the General Manager
may at any time call an extraordinary meeting of the committee in
circumstances which he or she deems necessary and in the public
interest.
Subcommittees of the committee
7. (1) The committee may, with the approval of the General
Manager establish such subcommittees as it may deem necessary for
the performance of its functions.
(2) The membership of each sub committee established in
terms of subsection (1) shall be unlimited.
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(3) The chairperson of the committee shall appoint a

chairperson for each subcommittee so established.
(4) Subject to the provisions of these regulations, the committee
shall, after consultation with the General Manager, determine the
procedures to be followed by a subcommittee in the performance of
its functions.
Administration
8. All administrative work as well as secretarial work, in
connection with the performance of the functions of the committee and
any subcommittee shall be carried out by employees of the Authority.
Allowances of committee members
9. (1) The Minister may from time to time fix the allowances
for members.
(2) There shall not be any monetary remuneration for members
of the committee.
Regulations proposals
10. (1) Any interested persons or organisations may make
any regulatory proposal on the enactment, amendment or repeal of
regulations or a published Aeronautical Information Circular.
(2) Any interested person or organisation shall submit the
following information—
(a) name and contact details of person or organisation
making the proposal;
(b) proposed regulations;
(c) justification of the proposal;
(d) supporting documentation;
(e) any other information, views or arguments supporting
the proposal.
Procedure for making regulations
11. (1) Proposals for submission to the committee shall be lodged
with the General Manager at least four weeks before the meeting in
which the proposal will be tabled.
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(2) The Authority shall review any received proposals to ensure

compliance with subsection (1) and thereafter submit the proposal
to the committee chairperson, who will circulate copies thereof to
committee members for consideration.
(3) The proposal shall be tabled in the subsequent committee
meeting for scrutiny.
(4) If so directed by the chairperson, the proposer may be
requested to give a short presentation on the proposal at a committee
meeting to clarify certain issues.
(5) In the event that a proposal affects a specific group, experts
in their respective fields may, with the consent of the chairperson
of committee, be called upon to present a specific case and such
participation shall be on an ad hoc basis, and shall not entitle the
experts to membership or voting rights in the Committee.
(6) During a committee meeting in which the proposal is
tabled for scrutiny, the committee may—
(a) if it is of the view that the proposal does not have any
merit, reject the proposal and refer it back to the proposer
with written reasons thereof; or
(b) if it is of the view that the proposal should be referred
to a sub committee for scrutiny, refer the proposal to the
chairperson of the relevant sub committee for tabling
at a meeting of the sub committee for scrutiny.
(7) The committee may submit to the Board the proposals
made in terms of this section which shall in turn submit to the Minister
for further consideration.
Identification and notification of differences between ICAO
standards and National regulations
12. (1) In case of differences between the national aviation
legislation and International Civil Aviation organisation standards,
the committee shall, identify and inform the General Manager of such
differences which shall be Category A, Category B or Category C.
(2) The General Manager, upon receipt of differences identified
in terms of subsection (1), shall—
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(a) notify International Civil Aviation Organisation through

the electronic filing of differences system; and
(b) publish such differences in the Zimbabwe Aeronautical
Information Publication.
(3) Subject to requirements of subsection (2)(a) the General
Manager shall notify International Civil Aviation Organisation of the
differences including—
(a) reference or the number of the paragraph or subparagraph
in an Annex as amended which contains the Standard or
Recommended Practice to which the difference relates;
and
(b) the category of the difference; and
(c) clear and concise description of the difference and its
effect; and
(d) remarks or reasons for the difference and intentions
including any planned date for implementation.
(4) The notification of differences referred to in subsection (2)
(b) shall be submitted within the timelines indicated by ICAO.
Repeal
13. Part 1.1.4 of the Civil Aviation (Air Navigation) Regulations,
2004, published in Statutory Instrument 151 of 2004, is repealed.

Supplement to the Zimbabwean Government Gazette dated the 20th April, 2018.
Printed by the Government Printer, Harare.

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