Civil Aviation Act 2018

Investor and Business Guide to the Gambia Civil Aviation Act, 2018

This guide highlights the provisions most relevant to airport investors, airlines, aerodrome operators, ground handlers, aviation service providers, logistics businesses, aviation fuel suppliers, maintenance organisations and training providers.

1. Regulatory Framework

PART III – Functions of the Authority

Section 19(1)

The Gambia Civil Aviation Authority (GCAA) is responsible for overseeing aviation safety and security and ensuring the safe, secure and efficient use of aircraft and air navigation services.

Section 19(2)

The Authority regulates:

• Aerodromes;

• Aircraft registration;

• Air operators;

• Air navigation services;

• Aviation security;

• Aeronautical information services;

• Air traffic services;

• Aeronautical meteorological services; and

• Search and rescue operations.

Investor Implication

Any aviation business operating in The Gambia falls under GCAA oversight and licensing requirements.

2. Aerodrome Development and Investment

PART IX – Aerodromes

Section 65(1)

The Minister may approve the establishment and development of aerodromes anywhere in The Gambia.

Section 65(2)

Aerodrome infrastructure, including roads, equipment, buildings and facilities, must be maintained in accordance with rules and regulations issued under the Act.

Section 65(3)

Government may acquire land required for aerodrome development.

Investor Considerations

Before investing in an airport or aerodrome project, investors should review:

• Land ownership issues;

• Development approvals;

• Infrastructure obligations;

• Airspace restrictions;

• Environmental requirements.

3. Aerodrome Certification

Section 66

An Aerodrome Certificate may only be granted to a citizen of The Gambia.

Section 60(2)

The Director General may issue aerodrome certificates and establish minimum safety standards.

Section 60(3)

Any person seeking to operate an aerodrome must apply for an aerodrome operating certificate.

Section 60(4)

Certificates are issued only where the applicant is:

• Financially capable;

• Properly equipped; and

• Able to conduct safe operations.

Section 60(5)

Certificates may contain conditions and limitations necessary for safety.

4. Aerodrome Safety Standards

Section 60(6)(a)

Aerodrome operators must maintain:

• Fire-fighting equipment;

• Rescue services;

• Safety equipment capable of rapid access to movement areas.

Section 60(6)(b)

Operators must maintain runways and related infrastructure in accordance with prescribed standards.

Business Implication

Aerodrome infrastructure projects must budget for:

• Rescue and firefighting services;

• Safety equipment;

• Runway maintenance;

• Regulatory inspections.

5. Environmental Requirements

Section 67(a)-(b)

When certifying aerodromes, the Director General must consider:

• Environmental impacts;

• Noise;

• Vibrations;

• Atmospheric pollution;

• Public disturbance.

Investor Implication

Environmental compliance should be addressed during project planning and environmental impact assessment stages.

6. Land Use and Obstacle Restrictions

Section 68(1)(a)-(c)

Land surrounding aerodromes may be controlled to prevent:

• Unsafe developments;

• Obstructions;

• Interference with navigation signals and communications.

Section 68(2)(a)-(m)

Authorities may:

• Restrict building construction;

• Limit building heights;

• Restrict vegetation height;

• Require obstacle marking and lighting;

• Restrict land use;

• Restrict agricultural activities;

• Order removal of obstacles.

Investor Warning

Developers of hotels, warehouses, office towers, telecommunications infrastructure and industrial facilities near airports should conduct aviation zoning reviews before development.

7. Air Operator Licences

PART XII – Air Operator Economic Regulation

Section 78

Commercial air transport operations require an Air Service Licence.

Section 79(2)(a)-(b)

The Minister may issue a licence only if the applicant:

• Complies with aviation regulations;

• Maintains required insurance;

• Is fit, willing and able to provide the proposed services.

Section 80(1)

The licence will specify approved routes and destinations.

Section 82(1)

Licences may be modified, suspended or revoked for non-compliance.

8. Air Operator Certification

PART VIII – Safety Regulation of Civil Aviation

Section 56(1)

The Director General may issue Air Operator Certificates (AOCs).

Section 56(2)

Applicants must submit prescribed applications.

Section 56(3)

Applicants must demonstrate:

• Financial capability;

• Adequate equipment;

• Safe operational capability;

• Compliance with regulatory requirements.

9. Aviation Training and Maintenance Businesses

Section 57(1)(a)

The Authority regulates training organisations involved in:

• Flying training;

• Aircraft maintenance training;

• Technical aviation instruction.

Section 57(1)(b)

Maintenance organisations are assessed for:

• Facilities;

• Equipment;

• Technical competence;

• Maintenance systems.

Section 57(2)

Certificates are issued only after demonstrating financial and operational capability.

10. Ground Handling Businesses

Section 146(1)

Ground handling service providers must maintain adequate insurance covering their liabilities and third-party damage exposure.

Section 146(2)

Failure to maintain insurance may lead to suspension or revocation of operating authority.

Section 146(3)

Quarterly insurance compliance returns must be submitted.

11. Airport Management and Commercial Opportunities

PART XIII – The Gambia Airport Management Agency

Section 86(a)-(k)

The Airport Agency may:

• Develop airport facilities;

• Manage passenger terminals;

• Lease airport property;

• Provide aviation security;

• Provide firefighting services;

• Undertake commercial non-aeronautical activities;

• Levy airport charges and fees.

Investor Opportunities

Potential opportunities include:

• Terminal concessions;

• Retail developments;

• Hospitality projects;

• Cargo handling facilities;

• Airport logistics;

• Warehousing;

• Advertising concessions;

• Aviation support services.

12. Inspection and Regulatory Oversight

Section 44(a)-(e)

The Director General has unrestricted inspection powers over:

• Aircraft;

• Aerodromes;

• Air operators;

• Maintenance organisations;

• Training organisations;

• Aviation facilities;

• Security systems and records.

Business Implication

Companies should maintain:

• Operational manuals;

• Maintenance records;

• Training records;

• Safety records;

• Security documentation.

13. Insurance Requirements

Section 146(1)

Mandatory insurance applies to:

• Air operators;

• Aerodrome operators;

• Fuel suppliers;

• Ground handling companies;

• Meteorological service providers;

• Air traffic services providers;

• Aircraft maintenance organisations.

Section 146(4)

Failure to maintain insurance may attract fines and imprisonment.

14. Key Compliance Risks

Section 59(2)

Certificates may be amended, suspended or revoked.

Section 63(1)(a)-(f)

It is prohibited to:

• Operate without required certificates;

• Use unlicensed personnel;

• Operate non-airworthy aircraft;

• Violate terms of certificates.

Section 64(1)-(6)

The Authority may require extensive operational information and revoke approvals where operators fail to comply.

Investor Due Diligence Checklist

Requirement

Relevant Provision

Aerodrome development approval

ss. 65(1)-(3)

Aerodrome certification

ss. 60(2)-(6), 66

Environmental compliance

s. 67

Land-use restrictions

s. 68

Air Operator Licence

ss. 78-82

Air Operator Certificate

s. 56

Training organisation approval

s. 57

Maintenance organisation approval

s. 57

Mandatory insurance

s. 146

Regulatory inspections

s. 44

Suspension/revocation of approvals

s. 59

Operator obligations

s. 61

Prohibited activities

s. 63

Key takeaway: For airport investors, the most important provisions are Sections 60, 65-68 and 146. For airlines and aviation service providers, the critical provisions are Sections 56-64, 78-82 and 146, which establish certification, licensing, compliance, inspection and insurance requirements.