Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007)Chapter 3 : Management and Control of Astronomy Advantage AreasPart 2 : Access to core and central astronomy advantage areas21. Use of aircraft in astronomy advantage areas |
| (1) | A core and central astronomy advantage area includes the airspace above the area to a level of 18 500 metres above the highest point in the area, or such greater height as the Minister may declare. |
| (2) | The Minister may, with the concurrence of the Civil Aviation Authority by notice in the Gazette prohibit or restrict the over-flight by any aircraft of any core or central astronomy advantage area or impose conditions on any such over-flight. |
| (3) | Subsection (2) does not apply— |
| (a) | in an emergency; or |
| (b) | to a person acting on the instructions of the management authority. |
| (4) | 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 terms 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 entry. |
| (5) | The Minister may, subject to subsection (6), prescribe further reasonable restrictions on over-flight of any core, central or coordinated astronomy advantage areas. |
| (6) | Before publishing a notice under subsection (2) or making a regulation under subsection (5) the Minister must— |
| (a) | obtain the concurrence of the Minister responsible for transport and the Minister responsible for national defence for the publication of the notice or the making of the regulation; |
| (b) | conduct a public participation process in terms of section 42; and |
| (c) | 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. |
| (7) | The notification contemplated in subsection (6)(c) must be in writing and must be— |
| (a) | made prior to commencing the public participation process contemplated in subsection (6)(b); |
| (b) | sent by registered post or such other method as the relevant person may have agreed to; and |
| (c) | sent to the address given by such person or as indicated in the permanent register of interested and affected parties. |
| (8) | Following the publication of any notice or making of any regulation under subsections (2) and (5), the Civil Aviation Authority and the Commissioner for Civil Aviation established and appointed in terms 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 the Republic. |