(1)
| (a) |
A data custodian must make its metadata available to the Department, as contemplated in section 12(2)(a) of the Act, by capturing metadata in the electronic metadata catalogue referred to in section 4(1)(d) of the Act. |
| (b) |
The metadata captured should contain at least the required core metadata elements as identified in an approved national standards. |
| (c) |
A request to embark on an exercise to capture spatial data or spatial information contemplated in subregulation (2) and a request approved or refused in terms of subregulation (5), must be registered in the Data Capture Project Register and included as provisional metadata in the electronic metadata catalogue within 10 working days. |
| (a) |
identified as a data custodian must, prior to embarking on any exercise to capture spatial data or spatial information of which it is the custodian, notify the Committee through the completion and submission of Form E2 to these Regulations, of the intention to capture such spatial data or spatial information, together with the specifications for the exercise, including its purpose, extent and intended duration. |
| (b) |
other than a data custodian must, prior to embarking on any exercise to capture spatial data or spatial information, request the Committee through the completion and submission of Form E1 to these Regulations, for approval to capture such spatial data or spatial information and approval of the specifications for the exercise, including its purpose, extent, scale of capture and intended duration. |
| (3) |
The Committee may refer the request referred to in subregulation (2)(a), or notification referred to in subregulation (2)(b), to a subcommittee for advice and recommendations on any matter relating to the intended capturing of spatial data or spatial information. |
| (4) |
The Committee must acknowledge receipt of any request referred to in subregulation (2)(a) or (2)(b) within ten working days from the date of receipt thereof, and inform the relevant organ of state that the request is referred to a subcommittee for advice and recommendations, if the Committee decides to do so in terms of subregulation (3). |
| (5) |
The Committee must, within 20 working days after receipt of a request referred to in subregulation (2)(a) and after considering the advice and recommendations made by the subcommittee as contemplated in subregulation (3), if applicable, in writing— |
| (a) |
provide the organ of state with information in respect of existing spatial information or any existing or anticipated exercise to capture such information which could render the whole or part of the intended capturing exercise unnecessary; |
| (b) |
recommend possible modifications to the original specifications of the capturing exercise; |
| (c) |
grant the request subject to such conditions the Committee may consider necessary; or |
| (d) |
refuse the request and inform the organ of state of the reasons for the refusal in writing. |
| (6) |
If the organ of state does not receive any response from the Committee within the period contemplated in subregulation (5), it may assume that the intended spatial data or spatial information capturing exercise is supported by the Committee and may proceed with the spatial data or spatial information collection in accordance with the published specifications, if any. |
| (7) |
An organ of state that feels aggrieved by— |
| (a) |
a recommendation made in terms of subregulation (5)(b); |
| (b) |
any condition imposed in terms of subregulation (5)(c); or |
| (c) |
a refusal in terms of subregulation (5)(d), |
may request the Committee in writing within 20 working days from the date of receipt of the Committee's decision, to reconsider its decision in view of the motivation supplied by the organ of state for such reconsideration.
| (8) |
The Committee must reconsider the request contemplated by subregulation (7), together with the motivation received, and may in writing— |
| (a) |
withdraw or change any recommendation made; |
| (b) |
withdraw or change any condition imposed; |
| (c) |
grant the request subject to such conditions the Committee may consider necessary; or |
| (d) |
refuse the request and inform the organ of state of the reasons for such refusal. |
| (9) |
An organ of state other than a data custodian, whose request has been refused by the Committee in terms of subregulation (8)(d) or who feels aggrieved by a condition imposed in terms of subregulation (8)(c), may appeal in writing to the Minister within 25 working days from the date of being informed by the Committee of its decision contemplated in subregulation (8). |
| (10) |
In considering an appeal lodged in terms of subregulation (9), the Minister may confirm, amend or set aside the decision of the Committee and must inform the organ of state in writing of his or her decision and if the appeal has been dismissed, of the reason for such dismissal. |
| (11) |
The Minister may, from time to time by notice in the Gazette, exempt an organ of state other than a data custodian, from the provisions of subregulation (2), and impose any condition he or she may consider necessary. |
Older Persons Act, 2006
