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Part IAir traffic

Chapter IAir traffic services

Enforcement

24Effect of orders

(1)The licence holder to which a final or provisional order relates has a duty to comply with it.

(2)The duty is owed to any person who may be affected by a contravention of the order.

(3)A breach of the duty which causes such a person to sustain loss or damage is actionable by him.

(4)In proceedings brought against a licence holder under subsection (3) it is a defence for it to prove that it took all reasonable steps and exercised all due diligence to avoid contravening the order.

(5)Compliance with a final or provisional order is also enforceable by civil proceedings brought by the CAA for an injunction or for interdict or for any other appropriate relief or remedy.

(6)Subsection (5) does not prejudice a right a person may have by virtue of subsection (3) to bring civil proceedings for contravention or apprehended contravention of a final or provisional order.