Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007)Chapter 6 : Consultation and Public Participation42. Public participation |
(1)
| (a) | Where the Minister is required by this Act or where the Minister elects to conduct a public participation process prior to taking any action or publishing any notice, the Minister must publish a notice of his or her intended action or notice in the Gazette and in at least two national newspapers distributed in the area in which the relevant proposed or existing astronomy advantage area is situated or where the effect of the action will be felt. |
| (b) | Paragraph (a) also applies where the Minister intends taking any action or publishing any notice which would affect the rights or legitimate expectations of any person. |
| (2) | The notice contemplated in subsection (1) must— |
| (a) | invite interested or affected parties to submit to the Minister written representations on or objections to the proposed action or notice within 60 days from the date of publication in the Gazette; |
| (b) | contain sufficient information to enable interested or affected parties to submit meaningful representations or objections; and |
| (c) | include a clear indication of the area or activity that will be affected. |
| (3) | The Minister may in appropriate circumstances allow any interested or affected parties to present oral representations or objections to the Minister or to a person designated by the Minister. |
| (4) | The Minister may combine any two or more public participation processes which must be conducted in terms of this Act and hold one consolidated process, provided that any notice published in terms of subsection (1) clearly states the contemplated notices or actions in respect of which the consolidated process is conducted. |
| (5) |
| (a) | The Minister must give due consideration to all representations or objections received or presented before taking the relevant action or publishing the relevant notice. |
| (b) | The Minister must, within 60 days, notify all those who made written or oral representations of the Minister’s decision and provide reasons for the decision should any interested or affected party request this. |
| (6) |
| (a) | If an interested or affected party believes the action proposed by the Minister will result in an expropriation of property or a right in property held by that party, that party may make a written request to the Minister to act in terms of section 38. |
| (b) | Such a request must be accompanied by such supporting information as is necessary for the Minister to consider the request. |
| (7) |
| (a) | The Minister must consider the request contemplated in subsection (6) and must decide whether or not to proceed to acquire the property in terms of section 38. |
| (b) | The Minister must, within 60 days of receipt of the request, notify the person making the request in writing of his or her decision and provide reasons for the decision. |