THE PRESIDENCY
No. 592
29 June 2001
It is hereby notified that the President has assented to
the following
Act which is hereby published for general information:-
NO. 8 OF 2001: SOUTH AFRICAN WEATHER SERVICE ACT, 2001
(English text signed by the President.)
(Assented to 22 June 2001.)
ACT
To establish a juristic person to be known as the South African
Weather
Service; to determine its objects, functions and method of
work; to
prescribe the manner in which it is to be managed and governed;
to regulate
its staff matters and financial affairs; and to provide for
matters
connected therewith.
BE IT ENACTED by the Parliament of the Republic of South
Africa, as
follows:
CONTENTS
Sections
CHAPTER 1
INTRODUCTION
1. Definitions
CHAPTER 2
SOUTH AFRICAN WEATHER SERVICE
2. Establishment of South African Weather Service
3. Objectives of Weather Service
4. Functions of Weather Service
CHAPTER 3
BOARD OF WEATHER SERVICE
5. Board of Weather Service and its composition
6. Functions of Board
7. Removal
5. Vacancies
9. Remuneration
10. Meetings of Board
11. Committees of Board
12. Meteorological advisory committees
CHAPTER 4
MANAGEMENT OF WEATHER SERVICE
13. Chief Executive Officer
CHAPTER 5
STAFF OF WEATHER SERVICE
14. Staff and conditions of service
15. Pensions
CHAPTER 6
FINANCIAL MATTERS
16. Funds
17. Accounting authority
CHAPTER 7
TRANSITIONAL PROVISIONS
18. Transfer of staff of Chief Directorate to Weather Service
19. Transfer of certain assets and liabilities to Weather
Service
CHAPTER 8
REGULATORY CONTROL
20. Regulating Committee
21. Functions of Regulating Committee
22. Removal
23. Vacancies
24. Remuneration
25. Meetings of Regulating Committee
CHAPTER 9
GENERAL AND MISCELLANEOUS PROVISIONS
26. Intellectual property rights
27. Limitation of liability
28. Regulations
29. Rules of Board
30. Delegation of powers and assignment of duties
31. Repeal of Meteorology Act, 1988 (Bophuthatswana)
32. Short title and commencement
SCHEDULE 1
Public good services
SCHEDULE 2
Commercial services
CHAPTER 1
INTRODUCTION
Definitions
1. In this Act unless the context indicates otherwise-
(i) "advisory services" means any climatological
advice, and
includes advice on weather outlooks, weather forecasts and
weather warnings;
(ii) "Board" means the Board contemplated in section
5;
(iii) "Chief Directorate" means the Chief Directorate:
Weather
Bureau as a division of the Department as it existed
immediately before the commencement of this Act;
(iv) "Chief Executive Officer" means the Chief
Executive Officer
appointed in terms of section 13(1) and includes the interim
Chief Executive Officer contemplated in section 18(6);
(v) "commercial services" means services specified
in Schedule
2;
(vi) "Committee" means any committee established
under section
11;
(vii) "Department" means the department responsible
for the
administration of this Act;
(viii) "financial year" means a period which commences
on 1 April
in one year and ends on 31 March in the following year;
(ix) "meteorological service" means-
(a) the collection, processing and provision of
meteorological and climatological information, data and
advisory services;
(b) the maintenance and development of weather-related
instruments and computer programs;
(c) research with the aim-
(i) of improving products and the delivery of services;
and
(ii) of reducing the impact of weather-related natural
disasters; and
(d) the provision of meteorologically-related training in
partnership with higher education institutions;
(x) "Minister" means the Minister responsible
for the
administration of this Act;
(xi) "public good services" means services specified
in Schedule
1;
(xii) "Regulating Committee" means the Regulating
Committee
contemplated in section 20;
(xiii) "regulations" means regulations made under
section 28;
(xiv) "specialised service" means a meteorological
service
provided to -an identifiable client or customer who will
use
the service for economic gain or benefit;
(xv) "Weather Service" means the South African
Weather Service
established by section 2;
(xvi) "this Act" includes the regulations
CHAPTER 2
SOUTH AFRICAN WEATHER SERVICE
Establishment of South African Weather Service
2. (1) There is hereby established a juristic person known
as the South
African Weather Service.
(2) The Weather Service acts through the Board.
Objectives of Weather Service
3. The objectives of the Weather Service are-
(a) to maintain, extend and improve the quality of meteorological
service for the benefit of all South Africans;
(b) to provide public good services and commercial services
to all
South Africans;
(c) to ensure the ongoing collection of meteorological data
over South
Africa and surrounding southern oceans for the use by current
and
future generations;
(d) to be the long-term custodian of a reliable national
climatological
record;
(e) as the national meteorological service of the Republic
of South
Africa, to fulfil the international obligations of the Government
under the Convention of the World Meteorological Organization;
(f) as the Aviation Meteorological Authority, to fulfil
the
international obligations of the Government under the Convention
of
the International Civil Aviation Organization;
(g) to provide services that are sensitive to the demographic
realities
of the country; and
(h) to fulfil such other weather-related international obligations
as
the Minister may direct.
Functions of Weather Service
4. (1) The Weather Service must-
(a) provide such meteorological services, including public
good
services and commercial services, as are necessary to achieve
its
objectives, provided that it is in the interests of the Weather
Service and the State;
(b) adhere to the intent of Resolution 40 of the Twelfth
Congress of
the World Meteorological Organization, and any other related
resolutions regarding the internationally free and unrestricted
exchange of meteorologically-related data and products; and
(c) perform any other function assigned to it by the Minister.
(2) The Weather Service may, in order to achieve its objectives-
(a) co-operate or enter into agreements or contracts with
any person,
institution, government or administration;
(b) purchase or otherwise acquire, possess, hire, pledge,
sell :M let
property;
(c) with the approval of the Minister, granted with the
concurrence of
the Minister of Finance, raise money by way of loans from
any lawful
source, on such terms and conditions and against such security
as
may be agreed upon;
(d) with the approval of the Minister, establish or assist
in
establishing companies for the promotion of meteorological
services
or any related business purpose;
(e) charge fees for the provision of any commercial services;
enter
into an agreement with any other weather service to deliver
services
or be of assistance with the delivery of services outside
the
borders of South Africa; and
(g) enter into agreements with State departments for the
delivery of
services considered to be within the capacity of the Weather
Service. These contract services are not deemed part of the
public
good services.
(3) Only the Weather Service may issue severe weather-related
warnings
over South Africa in order to ensure that there is a single
authoritative
voice in this regard.
(4) The Weather Service must take reasonable steps to develop
skills
and capacity of the Weather Service so as to enable it to
provide for the
needs of disadvantaged communities.
CHAPTER 3
BOARD OF WEATHER SERVICE
Board of Weather Service and its composition
5. (1) The Board of the Weather Service consists of-
(a) the Chief Executive Officer by virtue of his or her
office;
(b) a senior official of the Department designated by the
Director-General with the approval of the Minister; and
(c) no fewer than eight and no more than ten other persons
appointed on
a part-time basis by the Minister, in accordance with subsection
(3)
and taking into account the provisions of subsection (2).
(2) The members contemplated in subsection (1)(c)-
(a) must be suitably qualified-
(i) to provide effective corporate governance and must be
able
to bring their special expertise and knowledge to bear on
the
strategy, enterprise and innovative ideas and business
planning of the Weather Service; and
(ii) to develop policies for the Weather Service and to
advise
the Minister on matters relating to weather-related and
climate-related research programmes, technological
development, service delivery to clients, marketing of
services, international co-operation and the application
of
meteorology in weather-sensitive industries; and
(b) are appointed in their personal capacities, but the
Minister must
ensure that the needs of the following stakeholders are taken
into
account when appointing the members of the Board:
(i) Water resource management;
(ii) agriculture;
(iii) subsistence farmers and disadvantaged communities;
(iv) the
media, which may include radio, television and newspapers;
(v) disaster management;
(vi) aviation industry;
(vii) maritime industry;
(viii) legal profession and insurance industry;
(ix) any other weather sensitive industry or occupation;
and
(x) atmospheric science education and research community.
(3) Before appointing any person contemplated in subsection
(1)(c) or
section 20(2), the Minister must-
(a) by notice in the Gazette and in at least two nationally
circulated
newspapers invite nominations;
(b) in such notice, specify a period within which nominations
must be
submitted 2 and stipulate the procedure to be adopted regarding
such
nominations; and
(c) ensure that the Board is broadly representative of the
South
African society.
(4) The Minister must appoint one of the members of the
Board as
chairperson and another member of the Board as the deputy
chairperson.
(5) Members of the Board contemplated in subsection (1)(c)
are
appointed for a period of three years and are eligible for
re-appointment
for another final term of three years.
(6) The Chief Executive Officer is a full-time member of
the Board and
is appointed for such period as the Board may determine at
the time of
appointment.
(7) In the absence of a Board all the functions of the Board
are vested
in the Minister.
Functions of Board
6. The Board must-
(a) ensure the financial viability and development of the
commercial
services;
(b) ensure an efficient, cost-effective and high quality
weather
service;
(c) set policy, standards and objectives within the framework
issued by
the Minister and ensure that the executive management implements
these policies, standards and objectives;
(d) facilitate succession and give guidance in the appointment
of
senior managers;
(e) ensure that the Weather Service has adequate systems
of internal
control, both operational and financial;
(f) monitor the performance of the Weather Service and make
adjustments
to the conditions of service of the personnel with due regard
to the
applicable labour legislation;
(g) recommend any budget proposals or adjustments and submit
them to
the Minister;
(h) set policy for recruitment, training and transformation
of the
Weather Service;
(i) approve a business plan for the Weather Service annually
for the
next three years and submit it to the Minister for final
approval;
(j) ensure that the majority of the South African population
benefits
from the public good services of the Weather Service; and
(k) perform any other function assigned to it by the Minister.
Removal
7. (1) A member of the Board may at any time be removed
from office by
the Minister on account of-
(a) misconduct;
(b) inability to perform the duties of his or her office
effectively;
(c) absence from three consecutive meetings of the Board
without the
prior permission of the Board, except on good cause shown;
or
(d) election as a member of Parliament or a provincial legislature.
(2) A member may not be removed from office except after
due enquiry.
Vacancies
8. (1) A vacancy in the Board occurs if a member of the
Board
contemplated in section 5(1)(c)-
(a) upon at least one month's written notice, tenders his
or her
resignation to the Minister;
(b) is removed from office in terms of section 7; or
(c) dies or becomes permanently incapable of doing his or
her work.
(2) (a) When a vacancy in the Board has occurred as contemplated
in
subsection (1) the procedure contemplated in section 5 applies.
(b) Any member appointed under this section holds office
for the rest
of the period of the predecessor's term of office.
Remuneration
9. Any member of the Board, other than the Chief Executive
Officer and
the official contemplated in section 5(1)(b), must be paid
such
remuneration and allowances as the Minister, with the concurrence
of the
Minister of Finance, may determine.
Meetings of Board
10. (1) (a) The meetings of the Board must be held at least
four times
a year at such times and places as the Board may determine.
(b) The first meeting of the Board must be held at such
time and place
as the Minister determines.
(2) (a) In the absence of the chairperson, the deputy chairperson
must
perform all functions of the chairperson.
(b) The chairperson or the deputy chairperson, and failing
him or her,
a member of the Board elected by the members present, must
preside at a
meeting of the Board.
(3) (a) The chairperson may at any time convene a special
meeting of
the Board which must be held at such time and place as the
chairperson
determines.
(b) If the majority of the members of the Board request
a special
meeting in writing, the chairperson must convene such a meeting
within
seven days after receiving the request.
(4) The Board may determine its own procedure but any decision
of the
Board must be taken by resolution of the majority of the
members present at
any meeting of the Board and, in the event of an equality
of votes, the
person presiding has a casting vote in addition to his or
her deliberative
vote.
(5) Subject to the approval of the chairperson, any person
may attend
or take part, but may not vote, in a meeting of the Board.
(6) A majority of the Board members forms a quorum at any
meeting of
the Board.
(7) Despite the provisions of subsection (4), the Minister
may set
policy guidelines within which any Board decision must be
taken.
Committees of Board
11. (1) (a) The Board may establish one or more committees
which must
perform such functions of the Board as the Board may determine.
(b) A committee established under paragraph (a) performs
the functions
in question subject to the instructions of the Board.
(c) The Board may at any time dissolve or reconstitute any
committee
established under paragraph (a).
(2) (a) Each committee established under this section consists
of such
number of members of the Board and of the staff of the Weather
Service as
the Board may consider necessary.
(b) If a committee consists of more than one member, the
Board must
designate a member of that committee to act as chairperson.
Meteorological advisory committees
12. The Board may establish such number of meteorological
advisory
committees on a national and regional basis as may be necessary,
to advise
it on any relevant matter.
CHAPTER 4
MANAGEMENT OF WEATHER SERVICE
Chief Executive Officer
13. (1) The members of the Board contemplated in section
5(1)(b) and
(c) must appoint a person as Chief Executive Officer on such
conditions,
including conditions relating to the payment of remuneration,
allowances,
subsidies and other benefits, as the members may determine
in accordance
with a system approved by the Minister with the concurrence
of the Minister
of Finance.
(2) The Chief Executive Officer is responsible for the management
of
the Weather Service and must report to the Board on any aspect
of such
management as often as may be required by the Board.
(3) (a) Whenever the Chief Executive Officer is for any
reason absent
or unable to carry out his or her duties, or whenever there
is a vacancy in
the office of the Chief Executive Officer, the Board may,
subject to such
conditions and the payment of such remuneration and allowances
as it may
determine in the manner contemplated in subsection (1), appoint
an employee
of the Weather Service to act as the Chief Executive Officer
during such
absence or inability, for a period not exceeding six months.
(b) The acting Chief Executive Officer has the same powers
and duties
as the Chief Executive Officer.
CHAPTER 5
STAFF OF WEATHER SERVICE
Staff and conditions of service
14. (1) Subject to section 18, the Chief Executive Officer
may, on such
terms and conditions of service as may be determined by the
Board, appoint
or have such number of employees seconded to the Weather
Service as are
necessary, to enable the Weather Service to perform its functions.
(2) The Weather Service must out of its own funds pay to
its employees
such remuneration, allowances, subsidies and other benefits
as the Board
may determine in accordance with a system approved for that
purpose by the
Minister with the concurrence of the Minister of Finance.
(3) (a) The Chief Executive Officer may, on such conditions
as the
Board may determine and if the employee consents thereto,
second the
employee, either for a particular service or for a period
of time, to the
service of any department of the State, the government of
any province or
country outside the Republic.
(b) The employee's rights, privileges and benefits by virtue
of his or
her conditions of service as an employee of the Weather Service
may not be
adversely affected by the secondment.
(4) Every employee must enter into a service contract with
the Weather
Service.
(5) The Chief Executive Officer may when necessary, appoint
persons
under contract as consultants in accordance with the terms
and conditions
determined by the Board.
Pensions
15. (1) All employees shall have the choice to-
(a) remain or become a member of the Government Employees
Pension Fund;
(b) elect dormant membership and to join any existing fund
as a new
member from a current date; or
(c) withdraw from the Government Employees Pension Fund
in accordance
with the Government Employees Pension Law, 1996 (Proclamation
No. 21
of 1996).
(2) The Weather Service may, under the Pension Fund Act,
1956 (Act No.
24 of 1956), establish a pension fund for its employees.
(3) For purposes of the Income Tax Act, 1962 (Act No. 58
of 1962), no
change of employer must be regarded as having taken place
when employment
is taken up at the Weather Service by persons in terms of
section 18, and
the position of those persons in respect of the phasing-in
of tax levied on
benefits or advantages derived by reason of employment or
the holding of
any office as contemplated in Schedule 7 to the Income Tax
Act, 1962, must
be regarded as remaining unchanged.
CHAPTER 6
FINANCIAL MATTERS
Funds
16. (1) The funds of the Weather Service consist of-
(a) money appropriated by Parliament to enable the Weather
Service to
perform the public good services;
(b) income derived from commercial services;
(c) money raised by the Weather Service under section 4;
(d) fees or royalties contemplated in subsection (4) paid
to the
Weather Service;
(e) donations, user charges or contributions received by
the Weather
Service from any source;
(f) interest on investments; and
(g) income derived from any other source.
(2) The Weather Service must utilise its funds to defray
expenses in
connection with the performance of its functions.
(3) The Weather Service must utilise any donations or contributions
contemplated in subsection (1)(e) for such purposes and in
accordance with
such conditions as may be specified by the donor or contributor
concerned,
provided that these conditions are in the interest of the
Weather Service
and the State.
(4) The Chief Executive Officer may in respect of any work
performed or
services rendered by the Weather Service under this Act other
than public
good services, or for the use of the facilities of the Weather
Service or
rights resulting from any discoveries, inventions, computer
programs or
improvements made by employees of the Weather Service charge
such fees or
make such other financial arrangements as the Board may deem
fit.
Accounting authority
17. (1) Despite the provisions of section 49(2)(a) of the
Public
Finance Management Act, 1999 (Act No. 1 of 1999), the Chief
Executive
Officer is the accounting officer of the Weather Service,
and must comply
with the provisions of the Public Finance Management Act,
1999.
(2) The Weather Service must-
(a) furnish the Minister with information which he or she
may require
concerning the activities and financial position of the Weather
Service; and
(b) submit to the Minister not later than five months after
the end of
each year, an annual report containing a balance sheet, a
statement
of income and expenditure certified by the Auditor-General
and such
other particulars as the Minister may require.
(3) The Minister must table the annual report in Parliament
within 14
days of receipt thereof if Parliament is then sitting or,
if Parliament is
not then sitting, within 14 days after the commencement of
the next
sitting.
CHAPTER 7
TRANSITIONAL PROVISIONS
Transfer of staff of Chief Directorate to Weather Service
18. (1) Every person who is employed in the Chief Directorate
immediately before the date fixed by the President in terms
of section
2(1), is hereby transferred to the Weather Service.
(2) A person transferred as contemplated in subsection (1)
must be
regarded as having been appointed in terms of section 14(1)
subject to the
Labour Relations Act, 1995 (Act No. 66 of 1995).
(3) The remuneration and other terms and conditions of service
of any
person transferred as contemplated in subsection (2) may
not be less
favourable than the remuneration, terms and conditions applicable
to that
person immediately before transfer and he or she remains
entitled to all
rights, benefits and privileges to which he or she was immediately
before
that date, including-
(a) membership of a pension fund;
(b) membership of a medical aid scheme;
(c) employer's contributions in connection with such membership
including the contribution to the medical funds of retired
personnel;
(d) accrued pensionable service;
(e) accrued leave benefits;
(f) housing subsidies;
(g) transport allowances and motor schemes; and
(h) retirement at a specific age.
(4) Every person transferred as contemplated in subsection
(2) remains
subject to any decisions, proceedings, rulings and directions
applicable to
that person immediately before his or her transfer.
(5) Any proceedings against such a person which were instituted
immediately before his or her transfer, must be disposed
of as if this Act
had not been enacted.
(6) The Minister must appoint an interim Chief Executive
Officer who
acts until a Chief Executive Officer is appointed in terms
of section
13(1).
Transfer of certain assets and liabilities to Weather Service
19. (1) On the date of commencement of this Act, all the
assets,
rights, liabilities and obligations which the Minister determines,
pass to
the Weather Service.
(2) (a) Such assets must include-
(i) stock, equipment, instrumentation and furniture on the
registers or records of the Chief Directorate;
(ii) vehicles, aircraft, buildings and land allocated to
the
Chief Directorate; and
(iii) the remainder of part 264 of Garsfontein 374 JR (Waterkloof
Heights) Pretoria; and
(b) funds to lease and maintain buildings, office space
and to pay for
the provision of services on behalf of the Chief Directorate
for the
remainder of the financial year after the commencement of
this Act.
(3) The Registrar of Deeds concerned must, on application
by the Board
and lodgement of the relevant title deeds, make such entries
or endorsement
in his or her registers or records and on the relevant title
deeds as may
be necessary in order to give effect to subsection (1).
(4) No fees may be charged in respect of any transfer contemplated
in
subsection (3).
(5) In addition to the provisions of subsection (2), the
Minister may,
with the concurrence of the Minister of Finance, transfer
any movable
property belonging to the State to the Weather Service to
enable it to
exercise or perform its powers and functions or to achieve
any of its
objectives.
CHAPTER 8
REGULATORY CONTROL
Regulating Committee
20. (1) (a) The Minister must establish a committee, to
be known as the
Regulating Committee for Meteorological Services.
(b) In this Chapter any reference to Committee means the
Regulating
Committee referred to in paragraph (a).
(2) The members of the Committee consist of five persons
appointed on a
part-time basis by the Minister of whom at least three are
not officials of
any State department.
(3) (a) The Minister must appoint one of the five members
as the
chairperson of the Committee.
(b) In the absence of the chairperson a member of the Committee
elected
by members present, must preside at a meeting of the Committee.
(4) Members of the Committee contemplated in subsection
(1) are
appointed in accordance with section 5(3) for a period of
three years and
are eligible for re-appointment for another final term of
three years.
(5) The Committee must, after consultation with the Minister,
determine
the procedure to be followed in the performance of its functions.
Functions of Regulating Committee
21. (1) The Committee must-
(a) set broad limits on prices of services and products
of the Weather
Service;
(b) determine the level of user charges to be applied to
the aviation
and maritime industries by the Weather Service and advise
the
Minister on the making of regulations in this regard;
(c) ensure that the Weather Service does not abuse its position,
but in
such a manner as not to place undue restrictions on the Weather
Service's commercial activities and guard the Weather Service
against unfair competition from national and international
private
weather services;
(d) promote the safe, efficient, economical and profitable
operation of
the Weather Service;
(e) promote the reasonable interest and needs of clients
and customers
of the Weather Service;
(f) monitor service standards and, where necessary, issue
instructions
to the Weather Service for improvement; and
(g) perform any other function assigned to it by the Minister.
(2) The Committee must, if it has reasonable grounds to
believe that
the Weather Service has failed to comply with instructions
contemplated in
subsection (1)(f)-
(a) immediately investigate the matter;
(b) give the Weather Service an opportunity to make representations
to
the Committee within a period determined by the Committee;
and
(c) make representations to the Minister.
(3) The Committee must report before 30 June each year on
the work of
the Committee to the Minister, and the Minister must table
the report in
Parliament within 30 days after it is submitted to him or
her.
(4) All administrative work in connection with the performance
of the
functions of the Committee must be carried out by the Department.
Removal
22. (1) A member of the Committee may at any time be removed
from the
office by the Minister on account of-
(a) misconduct;
(b) inability to perform the duties of his or her office
effectively;
(c) absence from any meeting of the Committee without the
prior
permission of the chairperson, except on good cause shown;
or
(d) election as a member of Parliament or a provincial legislature.
(2) A member may not be removed from office except after
due enquiry.
Vacancies
23. (1) A vacancy in the Committee occurs if a member-
(a) upon at least one month's written notice, tenders his
or her
resignation to the Minister;
(b) is removed from office in terms of section 22; or
(c) dies or becomes permanently incapable of doing his or
her work.
(2) (a) When a vacancy in the Committee has occurred, the
procedure
contemplated in section 20(4) applies.
(b) Any member appointed under this section holds office
for the rest
of the period of the predecessor's term of office.
Remuneration
24. Any member of the Committee, other than officials from
State
departments, must be paid by the Department such remuneration
and
allowances as the Minister, with the concurrence of the Minister
of
Finance, may determine.
Meetings of Regulating Committee
25. The Committee must meet at least once a year at such
times and
places as the Committee may determine, but the first meeting
of the
Committee must be held at such time and place as the Minister
determines.
CHAPTER 9
GENERAL AND MISCELLANEOUS PROVISIONS
Intellectual property rights
26. (1) The Weather Service retains the intellectual property
rights on
any data, meteorological and advisory services, computer
programs,
inventions, discoveries and improvements generated by the
Weather Service
in the fulfilment of its functions.
(2) Any data, information, advisory services and meteorological
services of the Weather Service provided to a client or customer
may not be
provided by that client or customer to a third party or be
distributed
without the written consent of the Chief Executive Officer.
(3) Any use of material by way of publication, including
radio,
television or other such medium, must acknowledge the Weather
Service's
contribution.
Limitation of liability
27. The Weather Service is not liable for any damage, loss
or injury
sustained or alleged to have been sustained by any person
as a result of
his or her reliance on meteorological information provided
by the Weather
Service.
Regulations
28. The Minister may, after consultation with the Board,
make
regulations regarding-
(a) the method and frequency of reports on Board meetings
to be
submitted to the Minister;
(b) fees for the provision of aviation and maritime meteorological
services; and
(c) any matter in respect of which it is necessary or expedient
to make
regulations in order to achieve the objectives of this Act.
Rules of Board
29. The Board may make rules, which are not in conflict
with this Act
or the regulations, for the proper management of the Weather
Service and
its interests.
Delegation of powers and assignment of duties
30. (1) The Board may delegate any power and assign any
duty of the
Board in writing to the chairperson of the Board, the Chief
Executive
Officer or an employee of the Weather Service.
(2) The Chief Executive Officer may in writing delegate
any power and
assign any duty conferred or imposed upon the Chief Executive
Officer by or
under this Act to an employee of the Weather Service, except
powers
delegated to the Chief Executive Officer under subsection
(1).
(3) Any delegation or assignment under subsection (1) or
(2) may at any
time be rescinded or amended by the Board or the Chief Executive
Officer,
as the case may be.
(4) The Board and the Chief Executive Officer are neither
divested of
any power or function delegated or assigned under subsection
(1) or (2) nor
absolved from their responsibilities, and may, subject to
the provisions of
subsection (5), amend or withdraw any decision made in the
exercise of such
delegated power or in the performance of a function so assigned.
(5) A decision made in the exercise of a power so delegated
and in
consequence of which a payment has been made or any right
has been
conferred upon any person, may not be amended or withdrawn
without the
consent of the beneficiary.
(6) The Minister may delegate any power entrusted to him
or her in
terms of this Act to the chairperson or the Chief Executive
Officer, except
the powers contemplated in section 28.
Repeal of Meteorology Act, 1988 (Bophuthatswana)
31. The (Bophuthatswana) Meteorology Act, 1988 (Act No.
18 of 1988),is
hereby repealed.
Short title and commencement
32. This Act is called the South African Weather Service
Act, 2001, and
takes effect on a date fixed by the President by proclamation
in the
Gazette.
SCHEDULE 1
PUBLIC GOOD SERVICES
1. The gathering of meteorological and climatological observational
data over South Africa and surrounding oceans, sufficient
for the needs of
the country and to comply with international obligations
and in accordance
with World Meteorological Organization standards, where practicable.
2. The carrying out of those international obligations agreed
under
World Meteorological Organization arrangements, including
the international
distribution of data and acting as Regional Telecommunications
Hub and as
Regional Specialised Meteorological Centre.
3. The provision of other meteorological services and the
representation of Government in fulfilment of international
obligations,
where appropriate.
4. The provision of weather and climatic forecasting and
warning
services intended for the general benefit of the population
and the safety
of life and property.
5. The provision of daily rainfall and maximum and minimum
temperatures
data to the general public.
6. The custody of the National Climatological Databank.
7. The operation of a national meteorological telecommunication
network
and computer infrastructure necessary to provide public good
services.
8. The maintenance of the National Meteorological Library.
9. The provision of advice to Government regarding meteorological
and
climatological matters.
10. The provision of meteorological and functional-related
training in
partnership with higher education institutions.
11. The conducting of research focussed on reducing the
impact of
weather related natural disasters and on improving to the
quality of the
public good services.
12. The provision of meteorological support for aviation
and maritime
search and rescue activities in accordance with international
obligations
of the Government.
13. The provision of service for the benefit of subsistence
farmers and
fisheries.
SCHEDULE 2
COMMERCIAL SERVICES
1. The provision of specialised weather forecasting and
climate
information services.
2. The provision of services to the maritime industry that
ate not
included in international obligations of the SOLAS Convention
(Safety of
Life at Sea).
3. The provision of aviation meteorological services.
4. Weather and climate related publications.
5. Meteorological consultations including advice to the
legal and
insurance industries.
6. Contracted weather and climate-related research.
7. Research to improve commercial services.
8. The dissemination of weather and climate information.
9. The manufacturing and selling of meteorological equipment
to State
departments and users from the private sector as well as
the servicing,
repairing and standardisation of equipment falling within
the competence of
the Weather Service.
10. The provision of specialised services to the media.
11. Commercial services provided on an ad hoc basis to State
Departments.
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