Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007)Chapter 7 : Administration of Act44. Power to issue compliance notice |
| (1) | A management authority may, within its mandate in terms of section 15(2), issue a compliance notice in the prescribed form and following a prescribed procedure if there are reasonable grounds for believing that a person has not complied with a— |
| (a) | provision of this Act for which that management authority has been designated in terms of section 15(2); or |
| (b) | term or condition of a permit, authorisation or other instrument issued in terms of this Act. |
| (2) | A compliance notice must set out— |
| (a) | details of the conduct constituting non-compliance; |
| (b) | any steps the person must take and the period within which those steps must be taken, including removal of any building or structure constructed without authorisation; |
| (c) | any thing which the person may not do, and the period during which the person may not do; and |
| (d) | the procedure to be followed in lodging an objection to the compliance notice with the Minister. |
| (3) | A management authority may, on good cause shown, vary a compliance notice and extend the period within which the person must comply with the notice. |
| (4) | A person who receives a compliance notice must comply with that notice within the time period stated in the notice unless the Minister has agreed to suspend the operation of the compliance notice in terms of subsection (5). |
| (5) | A person who receives a compliance notice and who wishes to lodge an objection may make representations to the Minister to suspend the operation of the compliance notice pending finalisation of the objection. |
| (6) | Where a management authority has reasonable grounds to believe that a person has not complied with conditions, standards or other instruments prescribed by ICASA in terms of section 37(7), the management authority must refer the matter to ICASA to enforce compliance. |