Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007)Chapter 3 : Management and Control of Astronomy Advantage AreasPart 3 : Restrictions25. Authorisation to undertake identified activities |
| (1) | 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. |
| (2) | No person may undertake an identified activity or cause such an activity to be undertaken except— |
| (a) | in accordance with any prescribed conditions or standards set under subsection (1); |
| (b) | by virtue of a written exemption issued in terms of subsection (4)(b); |
| (c) | by virtue of a deemed exemption contemplated in subsection (7); or |
| (d) | by virtue of a written authorisation granted by the relevant competent authority in terms of subsection (8). |
| (3) | Any person who intends to undertake an identified activity other than in accordance with any standards or conditions prescribed in terms of subsection (1) must, 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. |
| (4) | The competent authority must, within 60 days of receipt of a notification in terms of subsection (3)— |
| (a) | if there is reason to believe that the astronomy advantage of any core astronomy advantage area or the operation of any astronomy device will be adversely affected by the undertaking of such identified activity, in writing notify the person who intends to undertake the identified activity to submit an impact assessment report; or |
| (b) | 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. |
(5)
| (a) | A report contemplated in subsection (4)(a) must be compiled by a person approved by the competent authority at the expense of the person who intends to undertake the identified activity. |
| (b) | The Minister must prescribe the criteria for the approval of the person referred to in paragraph (a). |
| (6) | The competent authority must specify the information to be provided in a report required in terms of subsection (4)(a), provided that any such report must include— |
| (a) | the proposed alternatives to the identified activity if it is likely to— |
| (i) | cause light pollution in any core astronomy advantage area designated for optical astronomy; |
| (ii) | cause radio frequency interference in any core astronomy advantage area designated for radio astronomy; |
| (iii) | interfere with the operation of any astronomy device; or |
| (iv) | cause any other relevant detrimental impact on astronomy in any core astronomy advantage area; and |
| (b) | plans for mitigation of any such adverse impacts on the relevant core astronomy advantage area or the operation of the relevant astronomy device during and after the completion of the identified activity. |
(7)
| (a) | If the competent authority fails to act within the period and in the manner specified in subsection (4) the person who made the notification must resubmit the notification. |
| (b) | If the competent authority once again fails to respond to the notification within the period and in the manner specified in subsection (4) the competent authority is regarded as having issued an exemption in terms of subsection (4)(b). |
| (8) | Upon receipt of the report contemplated in subsection (4)(a) and any additional, explanatory information required by the competent authority, the competent authority may refuse or grant the authorisation for the proposed identified activity or an alternative proposed activity on such conditions, if any, as it may consider necessary. |
| (9) | 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. |
(10)
| (a) | If a condition imposed under subsections (4)(b) 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. |
| (b) | If the person concerned fails to comply with the condition within 30 days after having received the direction contemplated in paragraph (a), the Minister or any competent authority may withdraw the exemption or authorisation. |
| (11) | Authorisations or permits obtained under any other law for the commencement or continuation of an identified activity do not absolve the holder of such authorisation or permit from obtaining an exemption or authorisation contemplated in subsection (2). |
| (12) | Where the identified activity in a coordinated astronomy advantage area is part of a broadcasting service license or broadcasting service, ICASA must be the competent authority. |