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 A-Regulations to prohibit and restrict the use of certain radio frequency spectrum and certain radio activities in the Karoo central astronomy advantage areas declared for radio astronomy purposes

8. Contraventions and Penalties
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(1) Contraventions for which a prosecution may be instituted in a Court of Law, are the following:
(a) failure to be in possession of a permit within the time specified for obtaining a permit as required in terms of sub-regulations 3(2) and 3(3);
(b) failure to comply with the conditions of a permit as required in subregulation 3(2)(b)(ii);
(c) failure by a user of radio equipment exempted in terms of subregulations 5(2) or 5(3), that is causing radio frequency interference to comply with permit conditions determined in terms of sub regulation 5(4)(b) to avoid the interference;
(d) failure in radio frequency spectrum use and conducting radio communication transmission, contemplated in sub-regulations 3(2)(b) and 3(3), to abide by the conditions for such spectrum use or radio communication transmission as specified in regulation 4 of this Schedule A;
(e) failure by a television broadcasting licensee or a broadcasting signal distributor licensee to abide by sub-regulation 3(5) of this Schedule A;
(f) failure by a permit holder not to exceed the conditions provided for in sub-regulations 4(1) or 4(3); and
(g) failure by a user of a radio equipment to act within the conditions stated in sub-regulation 4(4).

 

(2) The maximum fine for an intentional contravention of sub-regulation 8(1)(a), 8(1)(b), 8(1)(d), 8(1)(e), 8(1)(f), or 8(1)(g) is R200 000 and for a negligent contravention is R100 000.

 

(3) The maximum fine for an intentional contravention of sub-regulation 8(1)(c) is R20 000 and for a negligent contravention R5000.

 

(4) The fines referred to in sub-regulations 8(2) and 8(3) may be suspended as a whole or in part subject to a condition that the person convicted is not found guilty of the same offence within a maximum period of three years.