PRESENTATION%20TO%20THE%20SELECT%20COMMITTEE%20ON%20PUBLIC%20SERVICES%20(NATIONAL%20COUNCIL%20OF%20PROVINCES)

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PRESENTATION TO THE SELECT COMMITTEE ON PUBLIC
SERVICES (NATIONAL COUNCIL OF PROVINCES)
SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH
AND RESCUE AMENDMENT BILL, 2012(the Bill)
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2.BACKGROUND

• The South African Search and Rescue (SASAR)
  Organisation is a statutory organ established in
  terms of the South African Maritime Aeronautical
  Search and Rescue Act, 2002 (Act No.44 of 2002).
  Its mandate is to ensure the coordinated and
  effective Maritime and Aeronautical Search and
  Rescue service within South African Search and
  Rescue region.

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3. BACKGROUND (Cont)

• The Search and Rescue Service is provided in
  terms of the obligations accepted by South Africa
  after the signing and ratification of relevant
  International Maritime Organisation (IMO)
  conventions interalia, the International
  Convention on Maritime Search and Rescue, 1979
  and Annex 12 to the Convention on International
  Civil Aviation, 1994. SASAR is charged with the
  responsibility to search for, assist and where
  appropriate, effect a rescue operation to
  survivors of Aeronautical and

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4. BACKGROUND (Cont)

• Maritime accidents or incident. SARSA is further
  charged with coordinating the evacuation of a
  seriously injured or ill person from vessels at
  sea where the persons condition is such that he
  or she must obtain medical treatment sooner than
  the vessel would be able to get him or her to a
  suitable medical facility.

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5. BACKGROUND (Cont)

• SASAR is composed of representatives of
  government departments, agencies, business and
  voluntary organisations capable of availing
  resources for use for Search and Rescue purpose

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6.OBJECTS OF THE BILL

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

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7. OBJECTS OF THE BILL CONT.

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

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8. OBJECTS OF THE BILL CONT

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

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9. CLAUSE BY CLAUSE EXPLANATION OF THE BILL

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

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10 EXPLANATION CONT.

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

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11. EXPLANATION CONT

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

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12. CONTI.

• - Clause 19 is a standard provision dealing with
  the short title and commencement of the
  envisaged Act

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13. CONSULTATION

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

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14. CONSULTATIONCONT.

• All comments received were incorporated in the
  Bill.
• The Bill was also presented to the JCPS Cluster
  on the 8th May 2012 and the International
  Cooperation, Trade and Security Cluster on the
  10th March 2012 and both Clusters approved the
  Bill to be introduced into Parliament.
• The Bill was presented to the Portfolio Committee
  on Transport and was approved on the 05 March
  2013 and referred to the National Council of
  Provinces for their consideration.

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15. REQUEST

• We request the Select Committee on Public Service
  to consider and approve the Bill.

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THANK YOU DANKIE ENKOSI
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