4-1-2-6 SPACE AFFAIRS ACT: To Provide for the Establishment of a Council to Managed and Control Certain Space Affairs in the Republic; to Determine its Objects and Functions; to Prescribe the Manner in Which It Is to be Managed and Control; and to Provide for matter connected therewith. (Assented to 23 June, 1993)

14. Duties and Liabilities of Licensee.

(1)

A licence issued under section 11, may, in addition to conditions determined under that section, contain conditions relating to—

(a)

(i)

liability of the licensee for damages;

(ii)

security to be given by the licensee for such damages and the manner in which is shall be given,
as the Council, with the concurrence of the Minister, may determine;

(b)

liability of the licensee resulting from international conventions, treaties and agreements entered into or ratified by the Government of the Republic.

(2)

Conditions determined under subsection (1)(a), may in particular include conditions—

(a)

which notwithstanding anything to the contrary contained in any law, the common law, or international law, may determine, limit or exclude the liability of the licensee concerned regarding damages that may be caused (whether or not such licensee is at fault) by a launch vehicle or spacecraft or anything on or in such a launch vehicle or spacecraft, or is being done therein or is originating therefrom;

(b)

requiring the said licensee to give security to the satisfaction of the Council to meet the obligations that may be incurred by the licensee concerned in respect to damages referred to in paragraph (a);

(c)

relating to the circumstances in which such security shall be given in order to meet possible claims against the licensee regarding such damages.

(3)

Any person applying for a licence, or to whom a licence has been issued, shall furnish the Council with the prescribed information.

(4)

A licensee must notify the Council forthwith—

(a)

of any deviation by him due to unforeseen circumstances, from the conditions of a licence contemplated in this section and section 11 (2);

(b)

of any information which to his knowledge may affect the said conditions of the licence.

in which case the Council may suspend or revoke the licence in terms of section 13 or amend the conditions of the licence at the request of the licensee.

(5)

The Council may, in the case of the suspension or revocation of a licence, give to the licensee such directions as it may deem necessary to prevent loss of loie, injuries or damages.

(6)

The liability of a licensee, in terms of subsections (1) and (2), shall remain in force in respect of claims resulting from activities related to the licence concerned, irrespective of whether or not the licence has been suspended or revoked.