To provide for the preservation and protection of the areas within the Republic that are uniquely suited for optical and radio astronomy; to provide for the intergovernmenlal co-operation and public consultation on matters concerning nationally significant astronomy advantage areas; and lo provide for matters connected therewith.
E IT ENACTED by the Parliament of the Republic of South Africa.
Withdrawal of declaration or exclusion of part of coordinated astmnom?
Part 3 23.
Acquisition of private land by Stare 5 on.
Affected organs of slate.
CHAPTER 8 52.
In this Act.
a core astronomy advantage area: 35 bl astronomy advantage area: or cj a coordinated astronomy advantage area: "astronomy advantage" means features which make an area suitable for astronomy and related scientific endeavours and includes high atmospheric transparency.
54 No. 29897 GOVERNMENT GAZETTE.
the science involving the ohservation and explanation of events beyond the earth and its atmosphere and includes optical astronomy. radio asmnomy.
observations that assist in understanding the sun and the magnetosphere: 5 deep space radio dishes, array networks for the management of space-flight. and the management of strategic scientific deep-space missions; and any other scientific endeavour declared as such by the Minister in terms of section 28; "astronomy device" means any device, apparatus. equipment or instiument, declared as such by the Minister in terms of section 28 and includes all components. connections and telecommunications links thereof.
"declared activity" means an activity declared as such in terms of section 23 in 25 respect of one or more core or central astronomy advantage areas; "Department" means the national Department of Science and Technology: "Director-General" means the Director-General of the Department; "Electronic Communications Act" means the Electronic Communications Act, 2005 (Act No.
Relations Framework Act means the Intergovernmental Relations Framework Act, 2005 (Act No.
"interference source" means any fixed or mobile device. instrument, component or equipment capable of emitting electromagnetic waves and includes lasers. light sou~es, computers. signal processors, radio transmission equipment and cables. lighting equipment. electric-powered machinery and other electrical, optical and electronic equipment; "light pollution" means any etiect fmm artificially created or harnessed light that is visible to the naked eye or can be detected w, ith astronomical instrumentation at 45 night, such as sky glow, glare, light trespass and light clutter, which impacts on astronomy and includes the effect of street lighting. outdoor security lights.
Executive Council of a province: "Minister" means the Minister responsible for science and technology; "mobile radio frequency interference source" means any device, instrument. component or equipment capable of causing radio frequency interference which is feature, and includes cellular telephones, walkie-talkies. mobile telecommunication units in vehicles and roof-top telecommunication installations: "Municipal Demarcation Act" means the Local Government: Municipal Demarcation Act, 1998 Act No. ?
of 1998); "NRF"means the National Research Foundation established by section 2 of the National Research Foundation Act, 1998 (Act No.
"optical astronomy" means the collection and measurement of radiation.
including electromagnetic near-ultraviolet, visible and infrared radiation.
"radio frequency interference'' means the emission. transmission or reception of any radio frequency signals which have the ability to interfere with or inhibit radio astronomy or any device i1se.
The objects of this Act are-to provide measures to advance astronomy and related scientific endeavours in tlie Republic; to develop the skills, capabilities and expertise of those engaged in astronomy and related scientific endeavours in Southem Africa: to identify and to protect of areas from which astronomy projects of national strategic imponaiice can be undertaken, to provide a framework for the of asnonomy advantage areas in the Republic, to ensure that the geographic areas in the Republic, which are highly suitable for astronomy and related scientific endeavours due to. for example, the high atmospheric transparency, the low levels of light pollution. low population density or minimal radio-'irequency interference. are protected.
pursuant to section (5).
to provide for the declaration and management of astronomy advantage areas; and to enable the Minister to participate in efforts to preserve the astronomy advantage of Southern Africa and to coordinate astronomy within this area.
This Act also applies to the exclusive economic zone and continental shelf of the Republic, referred to in sections 7 and 8. respectively, of the Maritime Zones Act. 1994 (Act No. 15 of 1991).
other national legislation.
a municipal by-law. the relevant provision of this Act preuails.
A municipality that must adopt an terms of the Local Government: Municipal Systems Act. 2000 (Act No. 32 of 2000).
advantage area declared in tams of this Act within Ole area of jurisdiction of the municipality.
declared activity which may not be underlaken in a core or central astronomy advantage area within the area of jurisdiction of the municipality, and identified activity that may only be undertaken in a coordinated astronomy advantage area within the axea of the municipality in accordance with the requirements of section 25 of this Act.
Any identification and declaration; and any inclusion of astronomy advantage areas in the affected municipality's integrated development plan, in terms of this Act. must be done with the concurrence with that municipality.
The consultation process is in terms of Chapter 3 of the Intergovernmental Relations Framework Act.
Upon the identification, declaration, and inclusion as envisaged in this section any land use management policies.
must be made with the concurrence of the minister responsible for local government, the Premier of the Province concerned and any affected municipality.
ensure that the geographic areas in the Republic which are suitable for astronomy and related scientific endeavours due to, among other things. the atmospheric transparency, IOU, levels of light pollution. low population density.
enhance the existing geographic advantage of those areas highly suitable for astronomy and related scientific endeavours through the restriction of activities that cause or could cause light pollution. radio-frequency interfer-ence or interfere in any other way with astronomy and related scientitic endeavours. or astrotlomy advantage in those areas; and provide for the management of those areas in the public interest and in accordance with good national and international practices.
assign a name to such core astronomy advantage area: and designate the area as a core astronomy advantage area in respect of astronomy and related scientific endeavours.
or designated under section provide protection from light pollution. radio frequency interference and other activities which may affect astronomy and related scientific endeavours or astronomy advantage.
or an area primarily available for scientific research.
In addition to subsection (2).
sent any relevant private land owner within the proposed core astronomy advantage area a copy of the proposed declaration. prior to the commence-ment of the public panicipation process, by registered post to the last known postal address of the owner: and where possible informed in an appropriate manner any other lawful occupier of the land within the proposed core astronomy advantage area of the proposed declaration and the public participation process.
In making a declaration under subsection IXaj.
the Minister may identify the land Ilia1 is subject 10 the declaration through the use of coordinates. a map. a propeity description. or a combination of these.
The Minister may.
withdraw the declaration. issued under section 7, of ai area as a core astronomy advantage area or as part of an existing core astronomy advantage area: or exclude any part of an existing core astronomy advantage area from the area.
a central astronomy advantage area; or part of an existing central astronomy advantage area; Ibj assign a name to the central astronomy advantage area: or fcl designate the area as a central astronomy advantage area in respect of astronomy and related scientific endeavours.
58 No. 29897 GOVERNMENT GAZETTE, 25 MAY 2007 activities which may affect astronomy and related scientific endeavours. or astronomy advantage, such as light pollution or radio frequency interference, may be restricted or prohibited in the area to ensure or facilitate the protection of a core astronomy advantage area from such activities: or 5 to ensure that development in the area does not negatively impact oil astronomy advantage of the area.
(3)In addition to subsection (2).
conducted a public participation process in terms of section 42 and in conducting this process the.
ment of the public participation process, by registered post to the last known 15 postal address of the owner: and where possible, informed in an appropriate manner, any other lawful occupier of the land within the proposed central asrronomy advantage area of the proposed declaration and the public participation process.
More than one central astronomy advantage area may be declared in respect of a particular area.
the Minister may identify land that is subject to the declaration thmugh the use of coordinates, a map, a property description or a combination of these.
withdraw the declaration. issued under section 9. of an area as a central astronomy advantage area ov'as part of an existing central astronomy advantage area; or exclude any pan of an existing central astronomy advantage area from the area.
designate the area as a coordinated astronomy advantage area in respect of astronomy and related scientific endeavours. (2) More than one coordinated astronomy advantage area may be declared in respect of a particular area.
control developments and changes in land use in the area if the area is earmarked for declaration as, or inclusion in, a core or central astmnomy advantage area.
astronomy advantage area.
description or a combination of these: and should seek. where possible, to make the declaration in respect of the whole, rather than part of a in terms of the Municipal Demarcation Act.
withdraw the declaration. issued under section 11.
of an area as a coordinated astronomy advantage area or as pan of an existing coordinated astmnomy advantage area: or coordinated astronomy advantage area from the area.
Initiation of declaration landasanastmnomyadvantagearea, or as part thereof. may be initiated by the Minister, or by any private landowner or the NRF making a request for such declaration 10 the Minister.
must be considered by the Minister.
The Minister must in writing notify the Registrar of Deeds whenever an area is declared as a core or central astronomy advantage area. or as part thereof, or whenever a declaration in respect thereof is withdrawn or altered.
The notification must include a description ofthe land involved and the rems and conditions of my notarial deed referred to in section 18(6).
On receipt of the notification, the Registrar of Deeds must record any such declaration.
of the Deeds Registries Act, 1937 (Act No. 47 of 1937).
The Minister must, by declantion, assign the management of a core astronomy advantage am or Uie central or coordinated astronomy advantage area to a public entity or organ of state.
For the purposes of this Act, the person organisation ororgan of state to wllom the management of an astmnomy advantage area has been assigned in terms of subsection is the management authority of that area.
is the custodian of the permanent register of interested and affected parties ior the astronomy advantage area.
inspect the permanent register of interested and affected parties for an astronomy advantage area; and request the management authority to add their name and contact details to the register.
Any person whose details appears on the permanent register of interested and affected panies for an astmnomy advantage area is responsible for updating their contact details as is necessaty.
Preparation of management p!
must. if requested in writing by the Minister, submit a management plan. in accordance with the criteria specified by the Minister, for that astronomy advantage area to the Minister for approval.
all persons listed in the. permanent register of interested and affected parties for the relevant astmnomy advantage area; and municipalities, other organs of state. local communities and other affected panies which have an interest in the area.
The management authority of a core asttonomy advantage area may, after the consultations contemplated in section 16(2), make rules for the proper administration and protection of the area.
must be communicated or made available to land owners, visitors and other affected persons within the.
may include prohibitions or restrictions on persons entering, residing or passing through such area who have in their possession any specified device, equipment or instrument which may cause light pollution, radio frequency interference or have other detrimental impacts on astronomy and related scientitic endeavours, or astronomy advantage in the area unless the source or device has been turned off and, when in such state.
hind all persons in the area, including visitors; and condition for area.
provide for the imposition of fines for hreaches of the rules as may be determined by tlie Minister.
Co-management ofcore or central astronomy advantage area manageinent authority of a core or central astronomy advantage area may enter into an agreement with an organ of st3te.
regulation of human activities that affect astronomy and related scientific endeavours. or astronomy advantage in the area.
prohibitions or restrictions on the use ofany interference source, mobile radio frequeiicy interference source or short nnge device or any other device. equipment or instrumeiit have other detrimental impacts on astronomy and related scientific endeavours.
interference or have other detrimental impacts on astronomy and ielated scientific endeavours.
any other relevant matter.
A co-management agreement must he consistent with this Act and should not divest the management authority of ultimate responsibility for the proper management of tlie area concerned.
or is inhibiting the attainment of any of the maiiagement objectives of the astronomy advantage area: or other party to the agreement remains in breach of any obligation or undertaking made in the co-management agreement after having been given a reasonable opportunity Io rectify the breach.
(5)The terms of any co-management agreement entered into in terms of subsection the management authority and the owner of private land ax binding on the successors-in-title of such owner.
The terms of any co-management agreement may be recorded in a notarial deed and registered against the title deeds of the property.
The management authority is liable for the costs of the notarial deed and the registration of the title deed.
If the management authority of an astronomy advantage area is not properly performing its duties in terms of the management plan for the area, or is underperforming with regard lo the manapnent of the area.
direct the management authority 10 take corrective steps set out in tlie notice within a specified time.
If the management authority fails to take the requiitd terminate that management authority's mandate to inanage the area; and assign a public entity or organ of state as the management authority of the area.
id have in their possession.
for radio asnonomy, any interference source, mobile radio frequency interference source or short range device, unless the source or device has been turned off and, when in that state, is incapable of causing any fonn of radio frequency interference: and perform any other activity in a core astronomy advantage area that might be harmful to astronomy and related scientific endeavours or to the preservation of the area's astmnomical advantage.
an official of the Department.
enter and reside on such private land and in accordance with the provisions of any co-management agreement entered into between the owner or lawful occupier and the management authorirv.
on such private land.
who enters any core astronomy advantage area must report this fact to the management authority before entering thk core or central astronomy advantage area or as soon as possible fallowing enby.
may include conditions which must he adhered to hy the holder of such permit to mitigate any harmful impact the holder may have on astmnomy and related scientific endeavours or to the preservation of the area's astronomical advantage.
advantage areas from aircraft over-8ight area includes the airspace above the area to a level of 18500 mews above the highest point in the area. or such greater height as the Minister may declare.
by notice in the Gazette the over-flight by any aircraft of any core or central astronomy advantage area or impose conditions on any such over-flight.
in an emergency: or to a person acting on the insmctions of the management authority.
Any person, who, pursuant to subsection (3) enters the airspace of any core or central astronomy advantage area in respect of which a notice has been published in teim of subsection (2) must report this fact to the management authority before entering the core or central astronomy advantage area or as soon as possible following enny.
The Minister may, subject to subsection (6).
prescribe further reasonable restrictions on over-flight of any core, central or coordinated astronomy advantage areas.
conduct a public participation process in teims of section 42: and subject to subsection (7).
notify all persons listed in the permanent register of interested and affected parties for the relevant astronomy advantage area whose existing rights are likely to be directly affected by any such notice or regulation.
sent by registered post or such other method as the relevant person may have agreed to: and sent at the address given by such person or as indicared in the permanent register of interested and affected parties.
Following the publication of any notice or making of any regulation under subsections (2) and (5).
Commissioner for Civil Aviation established and appointed in teims of the Aviation Act 1962 (Act No. 74 of 1962), and the South African Civil Aviation Authority Act. 1998 (Act No. 40 of 1998).
respectively, must indicate the restrictions and prohibitions on all aeronautical maps prepared for rhe Republic.
Notwithstanding any other legislation or any rights that any person may have been granted in tenns of any other legislation, the Minister bas the sole authority within a core or central astronomy advantage area to protect the use of the radio frequency spectrum for astronomy observations.
require the conversion, within a reasonable time period. of analogue transmissions in the radio frequency spectrum within a core or central astronomy advantage area.
exempt from the provisions of such notice any person or organ of state who has entered into an agreement with the management authority of the core or central astronomy advantage area to mitigate their impact on the radio frequency spectrum within tlie relevant astronomy advantage area.
conduct a public participation process in terms of section 42: and subject to subsection (4).
notify all persons listed in the permanent register of interested and affected parties for the relevant astronomy advantage area whose existing rights are likely to be directly affected by any such notice.
sent by registered post or such other method as the relevant person may have agreed to: and sent at tlie address given by such person or as indicated in the permanent register of interested and affected parties.
different activities or categories of activities: or persons or categories of persons.
Notwithstanding any other national or provincial legislation or local by-law. the Minister may declare that no person may conduct any activity in any of the following categories.
the construction and development of new business or residential areas or recreational facilities: the. construction or expansion of road or rail transportation networks or pans thereof; the consbuction or expansion of any airfield or airport the operation. construction or expansion of facilities for the generation. transmission or distribution of electricity: activities capable of causing light pollution. including the installation or operation of street lighting. outdoor security lights. laser promotiondl lights. sew-lit billboards: activities capable of causing radio frequency interference, including bringing into the area or operating any interference source, mobile radio frequency interference source or shon iange device; activities capable of causing air pollution: and any other activity which may detrimentally impact on astronomy and relaled scientific endeavours, or the astronomy advantage of any core or central astronomy advantage area.
require that any activity cease. subject to the payment of compensation, if required by section 25 of the Constitution: or prescribe conditions under which any activity may continue in order to reduce or eliminate the impact of the activity on astronomy and related scientific endeavours, or astronomy advantage in the relevant area.
and subject to subsection (5).
notify all persons listed in the permanent register of interested and affected parties for the relevant astronomy advantage area whose existing rights are likely to be directly affected by any such requirement or condition.
sent by registered post or such other method as the relevant person may have agreed to: and sent at the address given by such person or as indicated in the peimanent register of interested and affected panies.
be made in respect of core and central astronomy adwitaee distinguish between core and central astronomy advanrage areas designated in respect of astronomy and related scientific endeavours including: or in respect of a specific core or central astronomy advantage area or core or central astronomy advantage areas.
The Minister may declare identified activities which, if undertaken in a coordinated astronomy ad\,antage area may have a detrimental effect on astronomy and rehteted scientific endeavours within any astronomy advantage area.
activities capable of causing light pollution. including the installation or operation of street lighting, outdoor security lights. laser promotional lights. self-iit billboards: and capable of causing radio frequency interference.
after consultation with the minister responsible for the execution, approval or control of such activity.
notify a11 persons listed in the permanent register of interested and affected parries for the relevant astronomy advantage area whose existing rights are likely to he directly affected by any such notice.
post or such other method as the relevant person may have agreed to: and sent given by such person or as indicated in the register of permanent interested and affected parties.
be made in respect of a specific coordinated astronomy advantage area or specified coordinated astronomy advantage areas.
The Minister may prescribe standards or conditions regarding the manner in which an identified activity may be undertaken in an astronomy advantage area so as not to cause a detrimental impact on astronomy or related scientific endeavours.
id of a deemed exemption contemplated in subsection (7): or (4 by virtue of a written authoiisation granted by the relevant competent authority in terms of subsection (8).
prior to commencing such an activity. notify the relevant competent authority and furnish it with details regarding the location, nature and extent of the proposed activity.
66 No. 29897 GOVERNMENT GAZETTE. 25 MAY 2007 notify the person who intends to undertake the identified activity to submit an impact assessment report: or issue an exemption to the person concerned from the condition or standard contemplated in subsection (2)(a), provided that any such exemption may be issued subject to such terms and conditions as the competent authority may determine.
must be compiled by a person approved by the competent authority at the expense of the person who intends to undettake the identified activity.
(6)The competent authority must specify the information to be provided in a report required in terms of subsection (4)(aj.
with tlie operation of any astronomy device; or cause any other relevant de, bimental impact on astronomy in any core astronomy advantage area: and plans for mitigation of any such adverse impacts on the relevant core asnonomy advantage area or the operation of the relevant astronomy device during and after the completion of the identified activity.
If the competent authority fails to act within the period and in the manner specified in subsection (4) the persoil who made the notification must resubmit the notification.
the competent authority once again fails to respond to the notification within the peiiod and in the manner specified in subsection (4) the competent authority is regaded as having issued an exemption in ternis of subsection (4)(b).
Upon and any additional. explanatory information required by the competent authority, the competent authority may refuse or grant the autliorisationfor or an alternative proposed activity on such conditions. if any.
as it may consider necessary.
Before refusing any authorisation. the competent authority must consult with the applicant in an effort to reach an agreement on the manner in which any adverse impact on the relevant core astronomy advantage area or the operation of the relevant astronomy device may be avoided.
or (8) is not being complied with, the Minister or any competent authority must in writing notify the person concerned of the non-compliance and direct that person to comply.
If tlie person concerned fails to comply with the condition within 30 days after having received the direction contemplated in paragraph fa, the Minister or any competent authority may withdraw the exemption or authorisation.
Authorisations obtained under any other law for the commencement or continuation of an identiliedactivity do not absolve the holder of such authorisation or permit from obtaining an exemption or autliorisation contemplated in subsection (2).
Competent Authority making a declaration under section 24.
the Minister may identify the competent authority responsible for granting authorisations in respect of the activities concerned.
The Minister may designate any management authority, municipality or organ of state to be a competent authority for the purposes of subsection (I).
The Minister may declare his or her intention to review any specified identified activities which were lawfully conducted immediately before a declaration in terms of sections 3(1?
of this Act was published.
(2)Following the review contemplated in subsection (I), and subject to subsection (3).
the Minister may prescribe conditions under which specified identified activities may continue in order to reduce or eliminate the impact of those activities on existing or proposed astronomy in the relevant aim or on the astronomy advantage of the area.
and subject to subsection (4).
listed in the permanent Itgister of interested and affected parties for the relevant astronomy advantage area whose existing rights are likely to be directly affected by any such notice.
registered post or such other method as the relevant person may have agreed to; and sent at the address given by such person or as indicated in the register of permanent interested and affected pmies.
and astronomy devices j The Minister may declare any existing or proposed scientific endeavour to be astronomy and related scientific endeavours for the purposes of this Act.
The Minister may, after consultation with ICASA and the Minister responsible for communications. declare any existing or proposed stand-alone or inter-connected device, apparatus, equipment or instrument. whether located within or, outside the Republic and which is used directly or indirectly for astronomy and related scientific endeavours, to be an astronomy de.
specify whether 3n astronomy device is used for radio or optical astronomy or astronomy and related scientific endeavours: and designate a public entity or organ of state as an astronomy device management authority, who has the authority for the operation. development, maintenance and management of the astronomy device.
any device management authority designated in respect of any astronomy device: and any person to whom authority in respect of an astronomy device has been delegated by die device management authority.
enter upon any land. including any street road, footpath or land reserved for public purposes.
construct and maintain an astronomy device upon. under. over, along or across any land, including any street, road, footpath or land reserved for of the Republic; and alter or remove its astronomy device, and may for that purpose attach wires. stays or any other kind of suppori to any building or other ~ttucture.
In taking any action in terms of subsection (I), due regard must be had to the environmental laws of the Republic.
construct and maintain in the manner specified in that notice any or tubes required for an astronomy device under any such street.
GOVERNMENT GAZETTE, 25 MAY 2007 alter or remove any pipes, tunnels or tubesrequired for an astronomy device under any such street, road or footpath and may for such purposes break or open up any sixet, road or footpath: and alter the position of any pipe, not being n sewer drain or main, for the supply (c) of water, gas or electricity.
(2)The local authority or person to whom any such pipe belongs or by whom it is used is entitled, at all times while any work in connection with the alteration in the positiori of that pipe is in progress. to supetvise that work.
The astronomy device management autliority must pay all reasonable expenses incurred by any such local authority or person in connection with any alteration or 10 of work relating to such alteralion.
If an astronomy device management authority finds it necessaty to move any facility, pipe, tunnel or tube associated with an astronomy device constructed upon, in, over, along. across or under any land. railway, street. road, footpath or watenvay, owing 15 to any alteration of alignment or level or any other work on the part of any local authority or person, the cost of the alteration or removal must be borne by an astronomy device management authority.
Where any astronomy device passes oYer any private property or intetieres with any building about to be erected on that pmperty.
the astronomy device 20 management authority must, on receiving satisfactory proof that the device prevents or is likely to prevent the proper use of the property, at its own cost, deviate or alter the positioning of the astronomy device in such manner as to remove all obstacles.
The owner of the property must. in writing, give notice that any such deviation or alteration is required, to the astronomy device management authority, not less than 28 25 days before the alteration or deviation is to be effected.
a dispute arises between any owner of private pmperty and an astronomy device management authority in respect of any decision made by an astiunomy device management authority, such dispute must be referred to the Minister for a decision.
If any fence erected or to be erected on land over which an astronomy device, or associated pipe, tunnel or tube is coiistructed or is to be constmcted by an astronomy device management authority. renders or would render entry to that land impossible or inconvenient.
erect and maintain gates in that fence; and 35 provide duplicate keys for such gates, one set of which must be handed to the owner or occupier of die land.
Any person intending to erect any such fence must give the astronomy device management authority iiotice in writing of not less than six weeks of his or her intention to erect such fence.
obstructs or interferes; or is likely to obstruct or interfere, with the working or maintenance of any of the astronomy device, or associated pipes, hlnnels or tubes.
any roadside: or private land, must, after reasonable notice to the owner or occupier of the land.
or trimmed by the authority responsible for tlie me. and the management of such State-owned land, road or private land, in accordance with its requirements or by the owneror land. as the case may be, at the expense of the astronomy device management authority.
In the event of failure to comply with a notice.
In taking any action or ('2).
be had to the environmental law of the Republic.
If tlie owner of any private land proves lo or she is obstructed in the free use of his or her land because any astronomy device or associated pipe, tunnel or tube constructed by the astronomy device management authority. the astronomy device management authority may. take such steps as it may to give relief to that owner.
In taking any action in terms of this section, due regard must be had to the environmental laws of the Republic.
Any person who constructs. equips or carries on ally miMay or any works for the supply of light. heat or power by means of electricity.
and or works.
particulars showing the manner and position in which the railway or works are intended to be on: and such further information related to the proposed railway or works as the astronomy device management authority may requii-.
lion, equipment or operation of any such railway or works is likely to damage its astronomy device; or any such astronomy device is damaged by the construction. equipment or operation of any such railway or works.
Any person who, after receiving the notice referred to in subsection (2).
proceeds with or causes to be proceeded with any such construction or operation or uses the equipment in contnvention of tlie said requirements, may be liable to the astronomy device management authority for damages sustained by the astronomy device management authority as a result of a contravention of subsection (I).
and related scientific endeavours on a regional basis; or advance any other objective of this Act.
or any other activity.
(2)The Minister may by notice in the Gazene incorporate into law any standard set by the Council for the South African Bureau of Standards in terms of section 16 of the Standards Act, 1993 (Act No. 29 of 1993). dealing witli any matter related to the elimination, prevention or mitigation of light pollution or radio frequency interference without stating the text thereof. by mere reference to tlie number. title and year of issue of that standard or to any other particulars by which that standard is sufficiently identified.
the use of Low Pressure Sodium lighting or other types of low impact lighting; gj the type of lighting that is permissible on billboards; and the imposition of permitting and inspection requirements.
(4)Before publishing any standards in terms of subsection (I), the Minister must conduct a public participation process in accordance with section 42.
The Minister, acting with the concurrence of the Minister responsible for public works may acquire land or property, or any right in or to land or property, which has been or is proposed to be declared as or included in any astronomy advantage area.
exchanging tlie land, property or right for other land, property or rights: or expropriating the land, property or right in accordance with the Expropriation Act, 1975 (Act No. 63 of 1975).
subject to section 25 of the Constitution, if no agreement is reached with the owner or the holder of the right.
The Minister. acting with the concurrence of the minister responsible for public works, may taJ;e any steps necessary to cancel a servitude on State land. or a privately held right in or to State land, which has been or is proposed to be declared as or included in any astronomy advantage area.
(Act No. 63of 1975).
subject to section 25 of the Constitution.
The Minister may finance the acquisition of private land or property or a right in or to private land or property in terms of section 38 or 39 of this Act, or the cancellation of a servitude on. ora privately held right in or to, state land in by Parliament.
Minister must consult-.
MEC for local government, transport and economic affairs of the province concerned; and the municipality in which the area concerned is situated, which consultation must include a discussion of the implications of the proposed notice on the Integrated Development Plan of the municipality.
(a)Where the Minister is required by this Act or where the Minister elects to conduct a public participation process prior to taking any action or publishing any notice. the Minister must publish notice of his or her intended action or notice in the Gazerre and in at least two national newspapers distributed in tl~e area in which the relevant proposed or existing astronomy advantage area is situated or where the effect of the action will be felt.
also applies where the Minister intends taking any action or publishing any notice which would affect the rights or legitimate expectntions of any person.
include a clear indication of the area or activity that will be affected.
Minister may in appropriate circumstances allow any interested or affected parries to present 01x1 representations or objections to the Minister, or to a person designated by the Minister.
clearly states the contemplated notices or actions in respect of which the consolidated process is conducted.
The Minister must give due consideration to ell representations or objections received or presented before taking tlie relevant action or publishing the relevant notice.
The Minister must, within 60 days. notify all those who made written or oral representations of his or her decision and pro\,ide reasons for the decision should any interested or affected party request this.
If an interested or affected party believes tlie action proposed by the Minister will result in an expropriation held by that party. that pasty may make a wrinen request to the Minister to act in terms of section 38.
Such a request must be accompanied by such supporting information as is necessary for the Minister to consider the request.
and must decide whether or not to proceed to acquire the property in terms of section 38.
GOVERNMENT GAZETTE, 25 MAY 2007 owned by the State, the Minister may make that declaration only after consultation with the Minister responsible for Public Enterprises and the Minister responsible for the administration of that land. if that land is administered by the national executive; or after consultation with the provincial executive. if that land is administered by that provincial executive; or which is held in trust by the State or an organ of state for a community or other beneficiary, the Minister may declare that area only after consultation witli the trustee and the community involved.
or term or condition of a permit, authorisation or other instrument issued in terms of this Act.
any thing which the person may not do, and the period during which the person may not do: and the procedure to be followed in lodging an objection to the compliance notice with the Minister.
A management authority may, on good cause shown, vary a compliance notice and exte.nd which the person must comply with the notice.
A person who receives a compliance notice must comply with that notice within the time period stated in the notice unless the Minister has agreed to suspend the operation of the compliance notice in terms of subsection (5).
A person who receives a compliance notice and who wishes to lodge an objection my make representations to the Minister to suspend the operation of tlie compliance notice pending finalisation of the objection.
Any person who receives a compliance notice contemplated in section 44 may object to the. notice by mzking representations. in writing. to the Minister within 30 days of receipt of Ihe notice, or within such longer period as the Minister may determine.
and any other relevant infomiation.
may confirm, modify or cancel a notice or any part of a notice; and must specify the period within which the person who received the notice must comply with any pan ofthe notice that is confirmed or modified.
A person who fails to comply with a compliance notice contemplated in section 44 commits an offence.
If a person fails to comply with a compliance notice.
revoke or vary the relevant permit.
authorisation or other instrument which is the subject of the compliance notice: fhi take any necessary steps and recover the costs of doing so from the person who failed to comply: and the matter to the Director of Public Prosecutions.
NRF may be given under this Act or any other legislation. for tlie purposes of promoting astronomy, preserving the Republic of South Africa's astronomy advantage and achieving the other related objectives ufthis Act.
preserve, protect or promote the Republic's astronomy advantage: and activities which should be declared or identified in terms of sections 24 and preserve. protect or promote the Republic's astronomy advantage.
develop strategies. alone or after consultation with academic and technical institutions and the relevant skills development agencies.
fl may undertake and promote research on astronomy.
gives advice in terms of subsection (I)on a scientific matter, it may consult any appropriate organ of state or other institution which has expeitise in that matter.
In addition to the delegations and assignments which the Minister is specitically authorised by this Act to make, the Minister may delegate any in him or her in terms of this Act excluding the power to declare areas referred to in sections 5. I.
the holder of an office of any other national department provincial administration or municipality after consultation with the relevant minister or MEC; or an official of the NRF.
does not prevent the exercise of the power or duty by the Minister himself or herself: and may he withdrawn by the Minister.
Register of Astronomy Advantage Areas a register called the Register of astmnoniy advantage areas.
and contain any other information determined by the Minister.
the use of any interference source, mobile and portable radio frequency interference source or short range device or any other device, equipment or instrument which may cause light pollution, radio frequency interference or have other detrimental impacts on astronomy and related scientific endeavours.
setting norms and standards for the proper performance of any function contemplated in this Act. and the monitoring and enforcing of such norms and standards: and requirements and procedures for the appointment of management authorities in terms of this Act.
any other ancillary or administrative matter that it is necessary to prescribe for the proper implementation or administtation of this Act.
Any regulation with material financial implications must be made with the concumnce of the Minister responsible for Finance.
Before publishing any regulation contemplated in subsection I j.
generally throughout the Republic or a province. as the case may be.
generally to all persons or only a specified category of persons; or icj areas or categories of areas; or persons.
Regulations made under section 51 may provide that my person who Contravenes or fails to comply with a provision thereof is guilty of an offence md liable on conviction to a fine not exceeding R1 000 000 or to imprisonment for a period not exceeding five years or IO both fine and such imprisonment.
or a decision taken in terms of section 3(3)?
contravenes or fails to comply with a condition prescribed in terms of section 7(2)?
or my standard incorponted into law in term5 of section 37()?
authority or an official. member or staff member of a management authority in the performance of official duties: or knowingly supplies false information as part of any public participation process conducted in terms of section 42.
or falsely professes to he an official. member or staff member of a managementauthority, or the interpreter or assistant of such an officer.
000 000 or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
in accordance with Chapter 4of the Intergovernmental Relations Fnmework Act, 2005 (Act No. 13 of 2005).
Advantage Act, 2007. and takes effect on a date deteimined by the President by proclamation in the Guzme.
Minister of Science and Technology the power to declare Astronomy Advantage Areas in order to ensure that large-scale and globally impttant astronomy facilities are protected from uncontrolled development and potential interferences to research activities in this field.
2.3 providing of a framework for the establishment of a national system of astronomy advantage arm in the Republic. to ensure that the geographic areas in the Republic. which are highly suitable for astronomy and related scientific endeavours due to, far exaqle.
Republic has in areas that are highly suitable for astronomy and related scientific endeavours through resmctions on activities which cause or could cause light pollution. radio frequency interference or interfere in any other way with astronomy and related scientific endeavours in those areas; and providing for the declaration and management of astronomy advantage areas.
The Department of Science and Technology has assigned a budget for the Astronomy Geographic Advantage Bill.
5.1 The State Law Advisers and the Department of Science and Technology are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the ConstiNtion since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House.
of the Traditional Leadership and Governance Fnmework Act.
2003 (Act No. 41 of 2003).