Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007)

Regulations

Protection of the Karoo Central Astronomy Advantage Areas in terms of the Astronomy Geographic Advantage Act, 2007

Schedule C-Regulations on financial compensation procedures for the Karoo central astronomy advantage areas

1. Definitions
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For purposes of these Schedule C Regulations, unless the context indicates otherwise—

 

"the Act"

means the Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007);

 

"affected person"

means a person who—

(a) lawfully conducted an activity in a central astronomy advantage area prior to the restriction of that activity by virtue of Schedules A and D of these Regulations; and
(b) is required by the Minister in terms of Schedules A and D of these Regulations to cease that activity or to comply with conditions prescribed in terms of Schedules A and D of these Regulations;

 

"Electronic Communications Act"

means the Electronic Communications Act, 2005 (Act No. 36 of 2005);

 

"financial loss"

means—

(a) the substantiated monetary loss incurred by an affected person as a result of having to comply with a restriction or implement a requirement or a condition imposed in terms of section 23 of the Act as provided for in Schedules A and D of these Regulations; and
(b) the connecting cost and additional user cost to a radio communications service user for an electronic communications service that is different to the electronic communications service used by that user prior to the publication of a regulation in terms of section 23 of the Act;

 

"GPS"

means a global positioning system;

 

"ICASA"

means the Independent Communication Authority of South Africa, an independent regulatory body established in terms of the Independent Communication Authority of South Africa Act, 2000 (Act No. 13 of 2000), responsible for regulating broadcasting, postal services and electronic communications in the Republic;

 

"licence exempt operator"

means a person who provides a service pursuant to an exemption granted by ICASA in terms of section 6 of the Electronic Communications Act, 2005, or uses radio frequency spectrum which is exempt from requiring a radio frequency spectrum licence by virtue of section 31(6) of the Electronic Communications Act, 2005, and regulations made in terms thereof;

 

"licensee"

means a person to whom ICASA has issued a licence to provide a service in terms of Chapter 3 or to use radio frequency spectrum in terms of section 31 of the Electronic Communications Act, 2005;

 

"management authority"

means the organ of state to which the Minister has assigned the management of the relevant central astronomy advantage area in terms of section 15 of the Act and includes any party with whom the management authority has entered into a co- management agreement for the co-management of the relevant central astronomy advantage area in terms of section 18 of the Act;

 

"Schedule A Regulations"

means the regulations to prohibit and restrict the use of certain radio frequency spectrum in terms of section 22 of the Act and certain declared activities in terms of section 23 of the Act, within the Karoo central astronomy advantage areas, which is Schedule A of these Regulations; and

 

"Schedule D Regulations"

means the regulations to restrict certain electrical activities in terms of section 23 of the Act, within the Karoo central astronomy advantage area 1, which is Schedule D of these Regulations.