sv310807
PROPOSED
AMENDMENTS
ASTRONOMY
GEOGRAPHIC ADVANTAGE BILL
[B17
– 2007]
Clause
1
1.
On page 5, in line 14, before “public” to insert
“juristic person”;
2.
On page 5, after line 15, to insert:
“broadcasting
service” means the broadcasting service means as defined in
section 1 of the Electronic Communication Act, 2005;
“broadcasting
service license” means the broadcasting service license as defined in
section 1 of the Electronic Communications Act, 2005;
3.
On page 5, in line 32, to omit “with radiated
power”;
4.
On page 5, in line 49, before “person” to insert
”juristic”;
5.
On page 5, in line 57, before “mobile” to insert
“and”;
6.
On page 5, in line 57, after “vehicles” to omit
“and roof-top telecommunication installations”.
CLAUSE
5
1.
On page 7, after line 26, to insert:
“(b)
declare any area or part of an area in the Republic”;
2. On page 7, in line 32,
to omit the expression “paragraph (b)” and to substitute “paragraph (c)”;
3. On page 7, in line 34,
to omit “(b)” and to substitute “(c)”.
CLAUSE
8
1.
On page 8, in line 38, after “8.” to insert
“(1)”;
2.
On page 8, after line 42, to add:
(2) The withdrawal or exclusion can only be
done where the purpose of the declaration as provided for in section 7(2)(b),
(c) or (d) is no longer necessary.
CLAUSE
10
1.
On page 9, in line 27, after “10.” to insert
“(1)”;
2.
On page 9, after line 32, to add:
(2) The withdrawal or exclusion can only be
done where the purpose of the declaration as provided for in section 9(2)(b) or
(c) is no longer necessary.
CLAUSE
12
1.
On page 10, in line 19, after “12” to insert
“(1)”;
2.
On page 10, after line 24, to insert:
(2) The withdrawal or exclusion can only be done where the
purpose of the declaration as provided for in terms of section 11(3)(b), (c),
(d), (e) or (f) is no longer necessary.
CLAUSE
15
1.
On page 11, in line 9, before “public” to
insert “juristic person”;
2.
On page 11, in line 9, after “entity” to omit
“organisation” and to substitute “institution”.
CLAUSE
20
1.
On page 13 in line 8, after “7(1)(c)” to omit
“or 9 (1)(c),”.
CLAUSE
22
1.
On page 14, in line 23, after “authority” to
insert “subject to subsection (2),”;
2.
On page 14, from line 26, to omit “after”
up to and including “communications” in line 27, and to substitute:
“with
the concurrence of ICASA, in so far as the Minister’s action is likely to
affect broadcasting service license or broadcasting service”;
3.
On page 14, after line 60, to insert:
“(6) Notwithstanding anything contained in any
other law, ICASA must not issue a broadcasting service license after the coming
into force of this Act where the service to be licensed would cause radio
frequency interference in a core or central astronomy advantage area, unless
the conditions set out in the license make provision for the protection of such
areas”.
CLAUSE
23
1.
On page 15, in line 3, after the first “may” to
insert:
“ ,
with the concurrence of ICASA where his or her action is likely to affect
broadcasting service license or broadcasting service,”
CLAUSE
25
1.
On page 17, to omit subsection (5) and to
substitute:
“(5) (a) A
report contemplated in subsection (4)(a) must be compiled by a person
approved by the competent authority at the expense of the person who intends to
undertake the identified activity.
(b) The Minister must prescribe
the criteria for the approval of the person referred to in paragraph (a).".
2.
On page 17, after line 45, to insert:
"(12) Where the identified activity in a
coordinated astronomy advantage area is part of a broadcasting service license
or broadcasting service, ICASA must be the competent authority.".
CLAUSE
27
1.
On page 17, in line 56, to omit “subsection” and
to substitute “subsections”;
2.
On page 17, in line 57, after “(3)” to insert:
“and
(5)”;
3.
On page 18, after line 13, to insert:
“(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 (2).
(6) Upon receipt of the notice contemplated
in subsection (5), ICASA must, within 60 days, take steps to reduce or
eliminate the impact of the identified activity on existing or proposed
astronomy or related scientific endeavours in any astronomy advantage area.”.
CLAUSE
28
1.
On page 18, from line 19,
to omit “after” up to and including “communications” in line 20, and to
substitute:
“with the concurrence of ICASA, in so far as the
Minister’s action is likely to affect broadcasting service license or
broadcasting service”;
2.
On page 18, from line 21,
to omit “whether” up to and including “Republic” in line 22;
3.
On page 18, from line 27,
before “public” to insert “juristic person”;
4.
On page 18, after line 35,
to insert:
“(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”.
CLAUSE 29
1.
On page 18, in line 45,
after “structure” to omit “.” and substitute “,”
2.
On page 18, after line 45,
to insert:
“provided that in the performance of its functions
under this subsection the management authority must at all times comply with
the safety and other reasonable requirements of the private land owner or the
affected persons”.
CLAUSE 37
1.
On page 20, in line 50,
after the first “may,” to insert:
“with
the concurrence of ICASA, in so far as the Minister’s action is likely to
affect broadcasting service license or broadcasting service in the core or
central astronomy advantage area and”
2.
On page 21, from line 23,
to omit “generally” up to and including “may be” in line 24, and to substitute:
“to declared astronomy
advantage areas”
3.
On page 21, from line 28,
to insert:
“(6) Where the actions contemplated in
subsection (1)(b) are part of a broadcasting service license or broadcasting
service in a coordinated astronomy advantage area or anywhere in the Republic,
the Minister must notify ICASA in writing of such actions”.
(7) Upon receipt of a notice contemplated in
subsection (6) ICASA must prescribe national standards or measures for the
control or minimisation of radio frequency interference”.
CLAUSE
44
1.
On page 23, after line 36, to insert:
“(6) Where a management authority has reasonable grounds to believe
that a person has not complied with conditions, standards or other instruments
prescribed by ICASA in terms of section 37(7), the management authority must
refer the matter to ICASA to enforce compliance.”
CLAUSE
50
1.
On page 25, in line 10, after (50.) to insert
“(1)”;
2.
On page 25, after line 42, to insert:
"(2) When making regulations contemplated in
subsection (1) where such regulations are likely to affect broadcasting service
license or broadcasting service outside the core or central astronomy advantage
area, the Minister must do so with the concurrence of ICASA”.
CLAUSE
51
1.
On page 25, in line 44, to omit “material”
CLAUSE
52
1. On page 26, in line 15, to omit “or any condition prescribed
in terms of section 27(2)”.