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- Is commenced by Astronomy Geographic Advantage Act, 2007: Commencement
South Africa
Astronomy Geographic Advantage Act, 2007
Act 21 of 2007
- Published in Government Gazette 31157 on 17 June 2008
- Assented to on 11 June 2008
- Commenced on 24 April 2009 by Astronomy Geographic Advantage Act, 2007: Commencement
- [This is the version of this document from 17 June 2008.]
Chapter 1
Interpretation, objectives and application of Act
1. Definitions
In this Act, unless the context indicates otherwise—“astronomy advantage area” means—(a)a core astronomy advantage area;(b)a central astronomy advantage area; or(c)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, low levels of light pollution, low population density and minimal radio frequency interference;“astronomy and related scientific endeavours” means—(a)the science involving the observation and explanation of events beyond the earth and its atmosphere, and includes optical astronomy, radio astronomy, gamma ray astronomy and cosmic ray astronomy;(b)observations that assist in understanding the sun and the magnetosphere;(c)deep space radio dishes, array networks for the management of space flight and the management of strategic scientific deep-space missions; and(d)any other scientific endeavour declared as such by the Minister in terms of section 28;“astronomy device” means any device, apparatus, equipment or instrument, declared as such by the Minister in terms of section 28, and includes all components, connections and electronic communications links thereof, whether such components, connections or electronic communications links are contiguous or not;“astronomy device management authority” means a juristic person, public entity or organ of state designated under section 28(3)(b);“broadcasting service” means the broadcasting service as defined in section 1 of the Electronic Communications Act, 2005;“broadcasting service license” means the broadcasting service license as defined in section 1 of the Electronic Communications Act, 2005;“central astronomy advantage area” means an area declared as such in terms of section 9(1);“competent authority” means the Minister or a person designated by the Minister in terms of section 26;“coordinated astronomy advantage area” means an area declared as such in terms of section 11(1);“core astronomy advantage area” means an area declared as such in terms of section 7(1);“declare” means declare by notice in the Gazette;“declared activity” means an activity declared as such in terms of section 23 in respect of one or more core or central astronomy advantage area;“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. 36 of 2005);“fixed radio frequency interference source” means any device transmitting radio waves from a fixed location;“ICASA” means the Independent Communications Authority of South Africa established by section 3 of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000);“identified activity” means an activity declared as such in terms of section 24;“interference source” means any fixed or mobile device, instrument, component or equipment capable of emitting electromagnetic waves, and includes lasers, light sources, computers, signal processors, radio transmission equipment and cables, lighting equipment, electric-powered machinery and other electrical, optical and electronic equipment;“Intergovernmental Relations Framework Act” means the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005);“light pollution” means any effect from artificially created or harnessed light that is visible to the naked eye or can be detected with astronomical instrumentation at 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, laser promotional lights or self-lit billboards;“management authority” means the organ of state or other institution or juristic person in which the authority to manage a particular astronomy advantage area is vested in terms of section 15;“MEC” means a Member of the 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 easily transportable or of which transportability is an inherent feature, and includes cellular telephones, walkie-talkies, and mobile electronic communications units in vehicles;“Municipal Demarcation Act” means the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998);“NRF” means the National Research Foundation established by section 2 of the National Research Foundation Act, 1998 (Act No. 23 of 1998);“optical astronomy” means the collection and measurement of radiation, including electromagnetic near-ultraviolet, visible and infrared radiation, from astronomical sources by means of optical instruments;“organ of state” has the meaning assigned to it in section 239 of the Constitution;“prescribe” means prescribe by regulation;“radio astronomy” means astronomy based on the reception of radio waves of cosmic origin;“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 used to undertake radio astronomy;“radio frequency spectrum” means the electromagnetic frequency spectrum from 1 kiloHertz to 1 teraHertz;“radio frequency spectrum license” means radio frequency spectrum license as defined in section 1 of the Electronic Communications Act, 2005.“short range device” means any device or equipment capable of transmitting electromagnetic waves in the radio frequency spectrum over a short distance;“the Constitution” means the Constitution of the Republic of South Africa, 1996;“this Act” includes any subordinate legislation issued under or in terms of this Act.2. Objects of Act
The objects of this Act are—3. Application of Act
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 1994).4. Conflicts with other legislation
Chapter 2
Declaration of astronomy advantage areas
5. Areas which may be declared astronomy advantage areas
6. Purpose of astronomy advantage areas
The purposes of the declaration of areas as astronomy advantage areas are to—Part 1 – Core astronomy advantage areas
7. Declaration of core astronomy advantage area
8. Withdrawal of declaration of, or exclusion of part from, core astronomy advantage area
Part 2 – Central astronomy advantage areas
9. Declaration of central astronomy advantage area
10. Withdrawal of declaration of, or exclusion of part from, central astronomy advantage area
Part 3 – Coordinated astronomy advantage areas
11. Declaration of coordinated astronomy advantage area
12. Withdrawal of declaration if, or exclusion of part from, coordinated astronomy advantage area
Part 4 – General
13. Initiation of declaration
14. Endorsement by Registrar of Deeds
Chapter 3
Management and control of astronomy advantage areas
Part 1 – Management authorities and management plans
15. Management authorities
16. Preparation of management plan
17. Internal rules
18. Co-management of core or central astronomy advantage area
19. Termination of mandate to manage astronomy advantage area
Part 2 – Access to core and central astronomy advantage areas
20. Access to core astronomy advantage areas
21. Use of aircraft in astronomy advantage areas
Part 3 – Restrictions
22. Restrictions on use of radio frequency spectrum in astronomy advantage areas
23. Declared activities in core or central astronomy advantage area
24. Identified activities in coordinated astronomy advantage area
25. Authorisation to undertake identified activities
26. Competent authority
27. Review of identified activities
Chapter 4
General measures to promote astronomy
28. Astronomy and astronomy devices
29. Entry upon and construction of lines across land and waterways
30. Pipes under streets
31. Removal of astronomy device
32. Fences
33. Trees obstructing astronomy devices
34. Height or depth of astronomy devices
35. Railways and certain electrical works
36. International agreements regarding astronomy and related scientific endeavours
37. National standards for control of activities, equipment or devices
Chapter 5
Acquisition of rights in or to land
38. Acquisition of private land by state
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, by—39. Cancellation of servitude on, or privately held right in or to, state land
40. Financing
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, or the cancellation of a servitude on, or a privately held right in or to, state land in terms of section 38 or 39, from money appropriated for this purpose by Parliament.Chapter 6
Consultation and public participation
41. Consultation by Minister
Subject to section 42, before issuing a notice under sections 5, 7(1), 9(1) and 11(1), the Minister may follow such consultative process as may be appropriate in the circumstances, but the Minister must consult—42. Public participation
43. Affected organs of state, communities and beneficiaries
If it is proposed to make a declaration in terms of sections 7(1) or 9(1) in respect of an area that consists of or includes land—Chapter 7
Administration of Act
44. Power to issue compliance notice
45. Objection to compliance notice
46. Failure to comply with compliance notice
47. Powers and functions of NRF
48. Delegations
49. Register of astronomy advantage areas
50. Regulations by Minister
51. General
Chapter 8
Offences and penalties
52. General offences and penalties
Chapter 9
Miscellaneous
53. Short title and commencement
This Act is called the Astronomy Geographic Advantage Act, 2007, and takes effect on a date determined by the President by proclamation in the Gazette.History of this document
24 April 2009
17 June 2008 this version
11 June 2008
Assented to
Cited documents 5
Act 5
1. | Local Government: Municipal Systems Act, 2000 | 4531 citations |
2. | Deeds Registries Act, 1937 | 2814 citations |
3. | Electronic Communications Act, 2005 | 931 citations |
4. | Constitution of the Republic of South Africa, 1996 | 601 citations |
5. | Independent Communications Authority of South Africa Act, 2000 | 442 citations |
Documents citing this one 76
Gazette 76
Subsidiary legislation
Title
|
Date
|
|
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Extension of the Period for Compliance With the Regulations for the Protection of the Karoo Central Astronomy Advantage Areas | Government Notice 629 of 2020 | 3 June 2020 |