Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007)Chapter 2 : Declaration of Astronomy Advantage AreasPart 2 : Central astronomy advantage areas9. Declaration of central astronomy advantage area |
(1) The Minister may—
(a) | declare a specified area as— |
(i) | a central astronomy advantage area; or |
(ii) | part of an existing central astronomy advantage area; |
(b) | assign a name to the central astronomy advantage area; or |
(c) | designate the area as a central astronomy advantage area in respect of astronomy and related scientific endeavours. |
(2) | A declaration under subsection (1)(a) may only be issued— |
(a) | in respect of an area declared under section 5(1) or designated under section 5(2); |
(b) | so that activities which may affect astronomy and related scientific endeavours, or astronomy advantage, such as light pollution or radio frequency interference, may be restricted or prohibited in the area to ensure or facilitate the protection of a core astronomy advantage area from such activities; or |
(c) | to ensure that development in the area does not negatively impact on the astronomy advantage of the area. |
(3) | In addition to subsection (2), a declaration under subsection (1)(a) may only be issued if the Minister has, prior to the declaration— |
(a) | conducted a public participation process in terms of section 42 and in conducting this process the Minister has compiled a permanent register of interested and affected parties for the central astronomy advantage area; |
(b) | sent any relevant private land owner within the proposed central astronomy advantage area a copy of the proposed declaration, prior to the commencement of the public participation process, by registered post to the last known postal address of the land owner; and |
(c) | where possible, informed in an appropriate manner any other lawful occupier of the land within the proposed central astronomy advantage area of the proposed declaration and the public participation process. |
(4) | More than one central astronomy advantage area may be declared in respect of a particular area. |
(5) | In making a declaration in terms of subsection (1)(a) the Minister may identify the land that is subject to the declaration through the use of coordinates, a map, a property description or a combination of these. |