Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007) Chapter 1 : Interpretation, Objectives and Application of Act 1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"astronomy advantage area"

means—

 

"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—

 

"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.