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

Chapter 4 : General Measures to Promote Astronomy

35. Railways and certain electrical works

 

(1) Any person who constructs, equips or carries on any railway or any works for the supply of light, heat or power by means of electricity in an astronomy advantage area or area through which an astronomy device runs must, in addition to any other requirement imposed in terms of this Act—
(a) conform to the requirements of an astronomy device management authority for the prevention of damage to an astronomy device by such construction;
(b) before commencing the construction of any such railway or works, give 30 days prior written notice to any relevant astronomy device management authority of his or her intention to commence the construction; and
(c) before commencing the construction of any such railway or works, furnish the astronomy device management authority with—
(i) a plan of the proposed railway or works;
(ii) particulars showing the manner and position in which the railway or works are intended to be constructed, executed and carried on; and
(iii) such further information related to the proposed railway or works as the astronomy device management authority may require.

 

(2) The astronomy device management authority must give reasonable notice of the requirements contained in this Act to the person concerned if—
(a) it appears to the astronomy device management authority that the construction, equipment or operation of any such railway or works is likely to damage its astronomy device; or
(b) any such astronomy device is damaged by the construction, equipment or operation of any such railway or works.

 

(3) Any person who, after receiving the notice referred to in subsection (2), proceeds with or causes to be proceeded with any such construction or operation or uses the equipment in contravention of the said requirements, may be liable to the astronomy device management authority for damages sustained by the astronomy device management authority as a result of a contravention of subsection (1).