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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

27. Review of identified activities

 

(1) The Minister may declare his or her intention to review any specified identified activities which were lawfully conducted immediately before a declaration in terms of section 24(1) of this Act was published.

 

(2) Following the review contemplated in subsection (1), and subject to subsections (3) and (5), the Minister may prescribe conditions under which specified identified activities may continue in order to reduce or eliminate the impact of those activities on existing or proposed astronomy in the relevant area or on the astronomy advantage of the area.

 

(3) Before prescribing any conditions under subsection (2) the Minister must—
(a) conduct a public participation process in terms of section 42; and
(b) subject to subsection (4), 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 notice.

 

(4) The notification contemplated in subsection (3)(b) must be in writing and must be—
(a) made prior to commencing the public participation process contemplated in subsection (3)(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 register of permanent interested and affected parties.

 

(5) Where the identified activity, in a coordinated astronomy advantage area, is part of a broadcasting service license or broadcasting service, and after carrying out the review contemplated in subsection (1), the Minister must notify ICASA in writing of such review and conditions contemplated in subsection (2).

 

(6) Upon receipt of the notice contemplated in subsection (5), ICASA must instruct the licensee to take steps, within 60 days, to reduce or eliminate the impact of the identified activity on existing or proposed astronomy or related scientific endeavours in any astronomy advantage area.