Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007)Chapter 1 : Interpretation, Objectives and Application of Act4. Conflicts with other legislation |
| (1) | At the commencement of this Act, in the event of any conflict between a provision of this Act and— |
| (a) | other national legislation, the relevant provision of this Act prevails if the conflict specifically concerns the management or development of an astronomy advantage area or the protection of such an area from light pollution, over-flight by aircraft, radio frequency interference or any other matter lawfully restricted or prohibited in respect of an astronomy advantage area in terms of this Act; |
| (b) | provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and |
| (c) | a municipal by-law, the relevant provision of this Act prevails. |
| (2) | A municipality that must adopt an integrated development plan in terms of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), must incorporate into its plan objectives with reference to any— |
| (a) | astronomy advantage area declared in terms of this Act within the area of jurisdiction of the municipality; |
| (b) | declared activity which may not be undertaken in a core or central astronomy advantage area within the area of jurisdiction of the municipality; and |
| (c) | identified activity that may be undertaken in a coordinated astronomy advantage area within the area of jurisdiction of the municipality only in accordance with the requirements of section 25 of this Act. |
| (3) |
| (a) | Any identification and declaration, and any inclusion of astronomy advantage areas in the affected municipality’s integrated development plan, in terms of this Act, must be done with the concurrence of that municipality. |
| (b) | The consultation process must be conducted in terms of Chapter 3 of the Intergovernmental Relations Framework Act. |
| (4) | Upon the identification, declaration, and inclusion as envisaged in this section, any land use management policies, plans and decisions in terms of the integrated development plan of the affected municipality must promote the objectives of this Act. |