Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007)Chapter 4 : General Measures to Promote Astronomy37. National standards for control of activities, equipment or devices |
| (1) | The Minister may, with the concurrence of ICASA, in so far as the Minister’s action is likely to affect broadcasting service license or broadcasting service in the core or central astronomy advantage area and in relation to actions which may detrimentally impact on astronomy and related scientific endeavours, prescribe national standards or measures for the control or minimisation of— |
| (a) | light pollution; |
| (b) | radio frequency interference; or |
| (c) | any other activity. |
| (2) | The Minister may by notice in the Gazette 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 with 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 the number, title and year of issue of that standard or to any other particulars by which that standard is sufficiently identified. |
| (3) | The national standards and measures which may be prescribed in terms of subsection (1) in respect of light pollution may include measures regarding— |
| (a) | shielding of light by physical barriers; |
| (b) | mounting height limits; |
| (c) | maximum lumen or wattage limits; |
| (d) | curfews requiring light users to extinguish lights after a certain time at night; |
| (e) | the prohibition of or restrictions on the sale or use of certain types of light fixtures; |
| (f) | the use of Low Pressure Sodium lighting or other types of low impact lighting; |
| (g) | the type of lighting that is permissible on billboards; and |
| (h) | the imposition of permitting and inspection requirements. |
| (4) | Before publishing any standards in terms of subsection (1), the Minister must conduct a public participation process in accordance with section 42. |
| (5) | The Minister may declare that any national standards or measures prescribed in terms of subsection (1) apply— |
| (a) | to declared astronomy advantage areas, or only in a specified area or category of areas; |
| (b) | generally, to all persons or only a specified category of persons; |
| (c) | within one or more astronomy advantage areas declared in terms of this Act; or |
| (d) | to specific activities wherever undertaken within the Republic. |
| (6) | Where the actions contemplated in subsection (1)(b) are part of a broadcasting service license or broadcasting service in a coordinated astronomy advantage area or anywhere in the Republic, the Minister must notify ICASA in writing of such actions. |
| (7) | Upon receipt of a notice contemplated in subsection (6) ICASA must, in terms of the procedure contemplated in section 4 of the Electronic Communication Act, 2005, prescribe national standards or measures for the control or minimisation of radio frequency interference. |