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

Chapter 4 : General Measures to Promote Astronomy

28. Astronomy and astronomy devices

 

(1) The Minister may declare any existing or proposed scientific endeavour to be astronomy and related scientific endeavours for the purposes of this Act.

 

(2) The Minister may, with the concurrence of ICASA, in so far as the Minister’s action is likely to affect broadcasting service license or broadcasting service, declare any existing or proposed stand-alone or inter-connected device, apparatus, equipment or instrument, and which is used directly or indirectly for astronomy and related scientific endeavours, to be an astronomy device for the purposes of this Act.

 

(3) In making such a declaration the Minister must—
(a) specify whether an astronomy device is used for radio or optical astronomy or astronomy and related scientific endeavours; and
(b) designate a juristic person, public entity or organ of state as an astronomy device management authority who has the authority for the operation, development, maintenance and management of the astronomy device.

 

(4) The Electronic Communications Act does not apply to—
(a) any astronomy device;
(b) any device management authority designated in respect of any astronomy device; and
(c) any person to whom authority in respect of an astronomy device has been delegated by the device management authority.

 

(5) Before making a declaration as contemplated in subsection (2) where members of the public are likely to be affected thereby, the Minister must conduct a public participation process in terms of section 42.