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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 B-Regulations on administrative matters regarding Schedule A for the Karoo central astronomy advantage areas declared for radio astronomy purposes

5. Evaluation of Compliance Assessments and Permit Applications

 

(1) The management authority must evaluate each compliance assessment report and application for a permit submitted to it.

 

(2) If an incomplete compliance assessment report or permit application is received—
(a) the applicant will be notified thereof in writing within fourteen (14) days of receiving the application;
(b) the incomplete report and/or application may be replaced with a complete version; and
(c) the evaluation process will only commence when the complete versions of the report and the application are available.

 

(3) The management authority must, within thirty (30) days from the date the permit application and the assessment report, if applicable, was received by it, excluding the time taken for responses to external consultations required in terms of these regulations or responses to requests for information to the applicant, inform the applicant in writing of the outcome, with reasons given, of its consideration of the application and if applicable, the evaluation of the compliance assessment report.

 

(4) A permit will only be issued if the following criteria have been met—
(a) the radio frequency spectrum to be used is exempted in terms of regulation 3 of these Schedule B Regulations; and
(b) the determined radio frequency interference levels do not exceed the applicable prescribed protection levels; and
(c) the permit application complies with all the applicable requirements as listed in Annexure A to these Schedule B Regulations and any other matters identified.

 

(5) A licensee or licence exempt operator, who receives a written notification that the criteria prescribed in sub-regulation 5(4) have not been met, may investigate and consider methods to comply with the criteria, and resubmit the permit application.

 

(6) If the management authority requires more time than the time specified, within which to make a decision in terms of sub-regulation 5(3), or it is decided that an extensive technical evaluation and/or measurements is required, it may, within the specified period of time, including any valid additional time, inform the licensee or operator that additional time, up to a maximum of one hundred and eighty (180) days, is required and provide reasons why it is required.

 

(7) If the management authority fails to act within the period specified in subregulation 5(3), or where the authority, in terms of sub-regulation 5(6) has extended the period by a certain amount of time and fails to act within an extended period determined by the management authority, the authority is regarded as having granted the permit applied for.

 

(8) A permit issued to a licensee or a licence exempt operator by the management authority must specify the frequencies or frequency band that may be used, together with the transmission characteristics and the conditions within which the licensee or licence exempt operator must comply. The permit must also specify any time required, and agreed to by the management authority, to modify an existing radio station installation or radio equipment in order to comply with the permit conditions.

 

(9) If the management authority receives a written complaint, after a permit has been issued that the radio frequency interference level measured is higher than the level recorded in the permit, and exceeds the applicable protection level, the compliance assessment report must be reviewed by the management authority, to determine the validity of the original assessment, taking the accuracy of the computer modelling or measurements done, into account. The results of the review will determine whether the transmission characteristics specified in the permit issued, need to be adjusted to avoid the applicable protection level being exceeded. The management authority shall inform the permit holder in writing that the matter will be attended to in terms of sub-regulation 5(12).

 

(10) If a licensee or licence exempt operator, to whom a permit has been issued, seeks to amend the frequencies or frequency band that may be used, or the transmission characteristics or the conditions specified in its permit, then an application for a new permit shall be made to the management authority for such amendment.

 

(11) Sub-regulations 4(1) to 4(9), read with the necessary changes, apply to such application for an amendment of a permit issued.

 

(12) If the management authority finds, thirty (30) days after the issuing of a permit, taking into account any time provided for in the permit to modify an existing radio station installation or radio equipment, and having granted the permit holder seven days to respond to the allegation, that the conditions specified in the permit are not complied with, then the permit may immediately be withdrawn by the management authority. The holder of such permit must immediately cease any activity conducted under such permit and will be regarded as not possessing a permit as required in terms of Schedule A of these Regulations.