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

Chapter 3 : Management and Control of Astronomy Advantage Areas

Part 3 : Restrictions

23. Declared activities in core or central astronomy advantage area

 

(1) Notwithstanding any other national or provincial legislation or local by-law, the Minister may, with the concurrence of ICASA where his or her action is likely to affect broadcasting service license or broadcasting service, declare that no person may, in a core or central astronomy advantage area, conduct any activity in any of the following categories:
(a) Prospecting or mining activities;
(b) the construction, expansion or operation of any fixed radio frequency interference source;
(c) harmful industrial processes;
(d) the construction and development of new business or residential areas or recreational facilities;
(e) the construction or expansion of road or rail transport networks or parts thereof;
(f) the construction or expansion of any airfield or airport;
(g) the operation, construction or expansion of facilities for the generation, transmission or distribution of electricity;
(h) activities capable of causing light pollution, including the installation or operation of street lighting, outdoor security lights, laser promotional lights or self-lit billboards;
(i) activities capable of causing radio frequency interference, including bringing into the area or operating any interference source, mobile radio frequency interference source or short range device;
(j) activities capable of causing air pollution; and
(k) any other activity which may detrimentally impact on astronomy and related scientific endeavours, or the astronomy advantage of any core or central astronomy advantage area,

or may direct that such activities may only be conducted in a core or central astronomy advantage area in accordance with standards or conditions prescribed by the Minister.

 

(2) Following publication of a declaration under subsection (1), the Minister must review all declared activities which were lawfully conducted in any affected core or central astronomy advantage area immediately before a declaration in terms of subsection (1) was published.

 

(3) The Minister may, in relation to the activities contemplated in subsections (1) and (2)—
(a) require that any activity cease, subject to the payment of compensation, if required by section 25 of the Constitution; or
(b) prescribe conditions under which any activity may continue in order to reduce or eliminate the impact of the activity on astronomy and related scientific endeavours or astronomy advantage in the relevant area.

 

(4) Before setting a requirement or prescribing a condition under subsection (3) the Minister must—
(a) conduct a public participation process in terms of section 42; and
(b) subject to subsection (5), notify all persons listed in the permanent register of interested and affected parties for the relevant astronomy advantage area whose existing rights are likely to be directly affected by any such requirement or condition.

 

(5) The notification contemplated in subsection (4)(b) must be in writing and must be—
(a) made prior to commencing the public participation process contemplated in subsection (4)(a);
(b) sent by registered post or such other method as the relevant person may have agreed to; and
(c) sent at the address given by such person or as indicated in the permanent register of interested and affected parties.

 

(6) A declaration and directive made under subsection (1) may—
(a) be made in respect of core and central astronomy advantage areas generally;
(b) distinguish between core and central astronomy advantage areas designated in respect of astronomy and related scientific endeavours including; or
(c) be made in respect of a specific core or central astronomy advantage area or specified core or central astronomy advantage areas.