South African Weather Service Act

Link to law: http://www.gov.za/documents/south-african-weather-service-act
Published: 2001-06-29

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South African Weather Service Act [No. 8 of 2001]
Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 432 Cape Town 29 June 2001 No. 22422
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

Act No. 8, 20(11 SOL’TH AFRICAK V’EATHER SERVICE ACT. 2001
(English text sigrled bJ, the Presiderzr.) (Assented 10 22 June 2001.)
ACT To establish a juristic person to be known as the South African Weather Service; to determine i ts 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.
B E IT ENACTED by the Parliarlent of the Republic of South Africa, as follows:- CONTENTS
Sections
1 .
2. 3. 4.
5 . 6 . 7 . 8. 9. 10. 11. 12.
CHAPTER 1
INTRODUCTION
Definitions
CHAPTER 2
SOUTH AFRICAR’ WEATHER SERVICE
Establishment of South African Weather Service Objectives of Weather Service Functions of Weather Service
CHAPTER 3
BOARD OF WEATHER SERVICE
Board of Weather Service and ils composition Functions of Board Removal Vacancies Remuneration Meetings of Board Committees of Board Meteorological advisory committees
CHAPTER I
MANAGEMENT OF WEATHER SERVICE
10
1s
20
I
I
13. Chief Executive Officer 25
4 N o 1232: GO\;ERNMENT GAZETTE. 29 J U N E 2001
Act Nu. 8. 2001 SOUTH AFRICAN W E ATHER SERVlCE ACT. 2001
CH’APTER 5
STAFF OF 1VE;ATHER SERVICE
14. 15.
16. 17.
18. 19.
20. 21. 22. 23. 24. 25.
26. 27. 28. 29. 30. 31. 32.
Staff and conditions of service Pensions
CHAPTER 6
FINANCIAL MATTERS
Funds Accounting authority
CHAPTER 7
TRANSITIONAL PROVISIONS
Transfer of staff of Chief Directorate to Weather Service Transfer of certain assets and liabilities to Weather Service
CHAPTER 8
REGULATORY CONTROL
Regulating Committee Functions of Regulating Committee Removal Vacancies Remuneration Meetings of Regulating Commit tee
CHAPTER 9
GENERAL AND M1SCE:LLANEOUS PROVISIONS
Intellectual property rights Limitation of liability Regulations Rules of Board Delegation of powers and assignment of duties Repeal of Meteorology Act, 1988 (Bophuthatswan4 Short title and commencement
SCHE:DULE 1
Public good services
Commercial services
Definitions
SCHF:DULE 2
CHAPTER 1
INTRODUCTION
5
10
15
20
25
30
35
1. In this Act. unless the context indica\-es otherwise- (i) “advisory services” means any climatological advice, and includes advice on
weather outlooks. weather forec asts and weather warnings;
j i~ i "Roard" means the Heal-d contemplated i n section 5 : I ( i i i i "Chief Directorate" means the Chief Directorate: Weathel- Bureau as a
dl\-ision of the Department as it existed immediatel>, before the commence- ment of this ,4ct:
(i\ ) "Chief Executive Officer" rmeans the Chief Executive Officer appointed in 5 I terms of SeCtioJl 13( I ) and includes the interim C efEx cutive Officer I contemplated in section 18(6). I
( \ ) "commercial services" mean:; services spec fied i n Schedule 2; I ( \ . i ) "Committee" means any con mittee established under section 11;
( \ , i i ) "Department" means the department responsible for the administration of 10
(vi i i ) "financial year" means a period which commences 011 I April in one year and this Act;
ends on 3 1 March i n the following year:
(a ) the collection. processin? and provision of meteorological and climato- 15 logical information. data ,md advisory services;
(19) the maintenance and de\,elopment of weathel--related instruments and computer programs:
( c ) research with the aim- ( i ) of improving products and the livery of services; and 20
(ii) of reducing the impact of weather-related natural disasters: and (dl the provision of meteorcllogically-related training in partnership with
higher education institutions: (x) "hlinister" means the Minister responsible for the administration of this Act:
(xi) "public good services.' mean', services specified i n Schedule 1; 25 (xii) "Regulating Committee" me:ins the Regulating Committee contemplated in
(xiii) "regulations" means regulations made under section 28; (xiv) "specialised service" means a meteorological service provided to an
( ix) "meteorological service" m e m -
section 20:
identifiable client or customer who will use the service for economic gain or 30 benefit:
section 2: ( x v ) "Weather Service" means the South African Weather Service established by
(xvi) "this .4ct" includes the regula.:ions.
CHAPTER 2 3s
SOUTH AFRICArcl WEATHER SERVICE
Establishment of South African \Veather Service
2. ( I ) There is hereby established a juristic person known as the South African
( 2 ) The Weather Service acts through the Board. 40 Weather Service.
Objectives of Weather Serr-ice
3. The objectives of the Weather Senlce are- ( u ) 10 maintain. extend and impro! e the quality of meteorological service for the
( [ I ) to provide public good ser\.ices and commercial services to all South Africans: 45 (c') to ensure the ongoing collectio.1 of meteorological data over South Africa and
surrounding southern oceans for the use by current and future generations; i d , to be the long-term custodian of a reliable national cli~natological record; ( c ) as the national meteorological service of the Republic of South Africa, to fulfil
benefit of ail South Africans:
the international obli,oations of the Government under the Convention of the SO World h4eteorological Organization;
if) as the A\,iation Meteorological ,Authority, to fulfil the international obligations of the Go\,ernment under the (:onvention of the International Civil Aviation Organization:
I
Functions of Weather Service 5
3. ( 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 i t is in the interests of the Weather Service and the State:
( 0 ) adhere to the intent of Resolurion 40 of the Twelfth Congress of the World 10 Meteorolozical Organization, a d 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 ordel to achieve its objectives-
(a) co-operate or enter into agreen ents or contracts with any person, institution,
(b) purchase or otherwise acquire. possess, hire, pledge, sell or 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 20 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 ol' any commercial services; (f) enter into an agreement with any other weather servlce to deliver services or 25
be of assistance with the deiivlxy of services outside the borders of South Africa; and
(g) enter into agreements with St;.te 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 issuc: sel'ere 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 i t to provide for the needs of disadvantaged communities.
15
government or administration;
30
35
CHA PTER 3
BOARD OF WEATHER SERVICE
Board of7l'eather Service and its composition
5. ( I ) The Board of the Weather Ser\.icc consists of- (a) the Chief Executive Officer by \ irtue of his or her office; 40 (b ) a senior official of the Departmcnt designated by the Director-General with
the approval of the Minister: ic) no fewer than eight and no nxxe than ten other persons appointed on a
part-time basis b), the Minister. In accordance with subsection (3) and taking into accou the provisions of subsection (2). 45
(2) The members contemplated in subs6,ction (1 )(c)- (a) must be suitably quaiified-
( i j to provide effective corporale 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 SO
(iij 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,
10
I O KO. 22222 GCVEKNMENT GAZETTE. 2 Y ICNE 3001
. A d So. 8. 2001 SOI'TH AFRICAN V,'EATHER SERViCE ACT. 2001
marketing of services. illternational co-operation and the application of meteorology in \+ earher. sensitiw industries: and
ihi are appointed i n 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: 5 ( i ) Water resource management:
(id agriculture: (iii) subsistence farmers and disadvantaged communities; (iv) the med,ia. 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 sensitlve industry or occupation; and (x) atmospheric science dwation and research community. 15
( 3 ) Before appointing any person con:emplated in subsection (I)(c) or section 20(2).
( a ) by notice in the Gazerre and i n at least two nationally circulated newspapers invite nominations:
(0) in such notice. specify a period within which nominations must be submitted 20 and stipulate the procedure to be adopted regarding such nominations: and
( c ) ensure that the Board i s broadly representative of the South African society. (4) The Minister must appoint one of the members of the Board as chairperson and
(5) Members of the Board contemplated in subsection (l)(c) are appointed for a 25
the Minister must-
another member of the Board as the deputy chairperson.
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 deterrnine at the time of appointment. (7) In the absence of a Board all the functions of the Board are vested in the Minister. 30
Functions of Board
6. The Board must- ensure the financial viability a7d development of the commercial services: ensure an efficient, cost-effective and high quality weather service; set polic)., standards and objsxtives within the framework issued by the 35 Minister and ensure that thl: executive management implements these policies. standards and objectives: facilitate succession and gi7.e guidance in the appointment of senior managers: ensure that the Weather Servicc., has adequate systems of internal control, both 40 operational and financial; monitor the performance of the. Weather Service and make adjustments to the conditions of sewice of the personnel with due regard to the applicable labour legislation: recommend an)' budget proposals or adjustments and submit. them to the 45 h4inister; set polic! for recruitment. training and transformation of the Weather Service: approve a business plan for th: Weather Service annually for the next three years and submit i t to the h4inister for final approval: ensure that the majority of the South African population benefits from the 50 public good services of the W( ather Service; and
( k ) perform any other function assigned 10 it by the Minister.
Removal
7. ( 1 ) A member of the Board may at time be remo\,ed from office by the Ministel- on account of-
( a ) misconduct: ( h j inability to perform the dutie,; of his or her office effectively: 5 (c) absence from three conseculive meetings of the Board without the prior
permission of the Board, exccpt 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 10
8. (1) A vacancy in the Board occurs i f a member of the Board contemplated in section
(a ) upon at least one month's written notice, tenders his or her resignation to the
(0) is removed from office in tenns of section 7: or 15 ( c ) dies or becomes permanently incapable of doing his or her work.
5(1 Xc)-
Minister:
( 2 ) (a ) When a vacancy in the Board lhas occurred as contemplated in subsection (1).
( b ) Any member appointed under this section holds office for the rest of the period of the procedure contemplated in section ? applies.
the predecessor's term of office. 20
Remuneration
9. Any member of the Board, other t l m the Chief Executive Officer and the official contemplated in section 5(l)(b). must bc: paid such remuneration and allowances as the Minister, with the concurrence of the Minister of Finance, may determine.
Meetings of Board 25
10. (1 ) (a) The meetings of the Board must be held at least four times a year at such tirnes 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 30 functions of the chairperson.
~ h ) 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 timl: convene a special meeting of the Board which must be held at such time and place as the chairperson determines. 35
( 0 ) If the majority of the members of Ihe Board request a special meeting in writing. the chairperson must convenc 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 40 Board and. in the event of an equality of votes, the person presiding has a castins \ate in addition to his or her deliberative votc.
15) Subject to the appro\,al of the chairperson, any person may attend or take part. but ma!' not vote. i n a meeting of the Board
(6) A majority of the Board members forms a quorum at any meeting of the Board. 45 (7) Despite the provisions of subsection (4), the Minister may set policy guidelines
within which any Board decision must be taken.
Committees of Board
i
11. (1) (a ) The Board may establish onc' or more committees which must perform such
( D ) A committee established under paragraph ( a ) performs the functions i n question functions of the B ard as the Board ma!' determine. 50
subject to the instructions of the Board.
( ( ' / The Board n ~ l ! at an)' tlme di\mlve o r reconstitute an! co~nmittee established undel- p;ragraph i n J .
( 2 , ((1) Each conimittee established undcr this section c1:)nsists of such number of members of the Board and of the staff of the Weather Service as the Board may consider necessar!'. 5
( 1 7 ) I f a committee consists of more than one member, the Boal-d must designate ;i member- of that committee to act as chxirperson.
Rleteorological advisory comnlittees
12. The Board ma!' establish such nu:nber of meteorological ad\,isory committees on a national and regional basis as may be necessary, to advise i t on any relevant matter. 10
CHAPTER 4
R4ANAGEhtENT OF WEATHER SERVICE
Chief' Executive Officer
13. ( 1 ) The members of the Board contemplated in section S( l ) (b) and (L ' ) must appoint a person as Chief Executive OBicer on such conditions. including conditions 15 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 rc sponsible for the management of the Weather Ser\pice and must report to the Board on ;my aspect of such management as often as may 20 be required by the Board.
( 3 ) ( N ) Whenever the Chief' Executiw Officer is for any rzason 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 m:ly determine in the manner contemplated in 25 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.
(0 ) The acting Chief Executive Officrr has the same powers and duties as the Chief Executive Officer.
CHAPTER 5 30
STAFF OF W1':ATHER SERVICE
Staff and conditions of service
14. ( I ) Subject to section 18. the Chlef Executive Officer may. on such terms and conditions of ser\.ice 3s may be determirled by the Board. appoint or have such number c ~ f employees seconded to the Weather Service as are necessary. to enable the Weather 35 Service to perform its functions.
( 2 ) The N'eather Service must o u t c . f its o\aw funds pay to its employees such remuneration. allowances. subsidies and other benefits as the Board ma\' determine in accordance with a system approved for that purpose by the Minister with the concurrence of the Minister of Finance. 3 0
13) ( 0 ) The Chief Execu1iI.e Officer may. on such conditions as the Board m a y determine and if the employee consent,; thereto, second the employee. either for a particular service or for a period of time. to the s m k e of any department of the State. the go\'ernment of any pro\,ince or country outside the Republic.
ser\,ice as an employee of the Weather Service may not be adversely affected by the secondment. (4) Every employee must enter into a >,ervice contract with the Weather Service. ( 5 ) The Chief Executive Oficer may w7en necessary, appoint persons under contract
(12) The employee's rights. pri\ileges arld benefits b), virtue of his or her conditions of 45
as consultants in accordance with the terlns and conditions determined by the Board. 50
Pensions
15. ( 1 ) All employees shall have the '.:hoice to- ( u ) remain or become a member of the Government Employees Pension Fund; (D) elect dol-mant membership arid to join any existing fund as a new member
from a current date; or 5 ( c ) withdraw from the Governnmlt Employees Pension Fund in accordance with
the Government Employees I'ension 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 employes. 10
(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 \,ection 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 offict. as Contemplated in Schedule 7 to the Income 15 Tax Act. 1962, must be regarded as remaining unchanged.
CH:IPTER 6
FINANCl AL MATTERS
Funds
16. (1) The funds of the Weather S rvice consist of- 20 (a) money appropriated by Parliament to enable the Weather Service to perform
(0) income derived from commercial services; (c) money raised by the Weather hervice under section 4; (d) fees or royalties contemplated in subsection (4) paid to the Weather Service; 25 ( e ) donations, user charges or contributions received by the Weather Service from
( f l interest on investments; and (g) income derived from any other source.
the public good services;
any source:
(2) The Weather Service must utilise ils funds to defray expenses in connection with 30 the performance of its functions.
(3) The Weather Service must utilise any donations or contributions contemplated in subsection (l)(e) for such purposes and i n accordance with such conditions as may be specified by the donor or contributor concl-med. provided that these conditions are in the interest of the Weather Service and the S:ate. 35
(4) The Chief Executive Officer may in respect of any work performed or services rendered by the Weather Senlice under t1.k 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 40 deem fit .
Accounting authorit!.
17. ( 1 ) Despite the provisions of sectioll49(2)((7) of the Public Finance Management Act. 1959 (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 45 Management Act. 1995.
( 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 (0) submit to the Minister not later 1 han five months after the end of each year, an 50
annual report containing abalance 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 55 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 i n the Chief Directorate immediately before the date fixed by the President in terms of slcction 2( I ) . is hereby transferred to the Weather 5 Service.
(2) Aperson transferred as contemplaled in subsection ( 1 ) must be regarded as having been appointed i n terms of section 14( 111 subject to the Labour Relations Act, 1995 (Act No. 66 of 1995 j.
transferred as contemplated i n subsection (2) may not be less favourable than the remuneration. terms and conditions a:?plicable 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 datr.. including-
(a) membership of a pension funtl: 15 (0) membership of a medical aid :scheme; (c) employer's contributions in connection with such membership including the
(d l accrued pensionable service; ( e ) accrued leave benefits: (f) housing subsidies; ( g ) transport allowances and motcr schemes; and ( h ) retirement at a specific age.
(3) The remuneration and other terms and conditions of service of any person 10
contribution to the medical fwds of retired personnel;
(4) Every person transferred as conten plated i n subsection ( (2 ) remains subject to any decisions. proceedings. rulings and directions applicable to that person immediately 25 before his or her transfer.
his or her transfer, must be disposed of .IS if this Act had not been enacted.
Chief Executive Officer is appointed in terms of section 13( I ).
(5) Any proceedings against such a person which were instituted immediately before
(6) The Minister must appoint an interim Chief Executive Officer who acts until a
20
30
Transfer of certain assets and liabiliticts to M'eather Service
19. (1) On the date of commencement of this Act, all the assets, rights. liabilities and
( 2 ) (a) Such assets must include- obligations which the Minister determines. pass to the Weather Service.
( i ) stock. equipment. instrumentalion and furnjture on the registers or records of 35
(ii) vehicles, aircraft. buildings and land allocated to the Chief Directorate: and (iii) the remainder of part 264 of Garsfontein 374 JR (Waterkloof Heights)
the Chief Directorate;
Pretoria: and (0 ) funds to lease and maintain buildings. office space and to pay for the provision of 40
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 concerrled must, 011 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 45 effect to subsection ( I ) .
(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 i t to exercise or perform its powers and functions 50 or to achie\.e any of its ob.jectives.
CHAPTER 8
REGULATORY CONTROL
Regulating Committee
20. (1) (a) The Minister must establis11 a committee, to be known as the Regulating Committee for Meteorological Ser\ic.es.
(11) In this Chapter any reference to Committee means the Regulating Committee referred to in paragraph (u) .
(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.
(0) 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 Feriod of three years and are ligible for re-appointment for another final term of !.hree years.
(5) The Committee must, after consultation with the Minister, determine the procedure to be followed in the perform:lnce of its functions.
Functions of Regulating Committee
21. ( I ) The Committee must- set broad limits on prices of sel-vices and products of the Weather Service; determine the level of user charges to be applied to the aviation and maritime industries by the Weather Serwce and advise the Minister on the making of regulations in this regard: 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 competi- tion from national and international private weather services; promote the safe. efficient, econ3mical and profitable operation of the Weather Service: promote the reasonable interest and needs of clients and customers of the Weather Service; monitor service standards and. where necessary, issue instructions to the Weather Ser\.ice for improvement: and uerform any other function assigned to it by the Minister.
(?).The* Committek must, if it has reasonable grounds to believe that the Weather Service has failed to comply with instructions contemplated in subsection (1)u)-
(a) immediately investigate the matter; ( 0 ) give the Weather Service an opportunity to make representations to the
( c j make representations to the Minister. Committee within a period detmnined by the Committee; and
( 3 ) The Committee must report befvre 30 June each year on the work of the Committee to the X4inister. and the Minister must table the report in Parliament within 30 days after i t is submitted to him or he]-.
(4) All administrative work in connection with the performance of the functions of the Committee must be carried out by the Df,partment.
Removal
22. ( I ) A member of the Committee m;ly at any time be removed from the ofice by the Minister on account of-
(a) misconduct: ( D j inability to perform the duties o f his or her office effectively; (c) absence from any meeting of tkle Committee without the prior permission of
(dl election as a member of Parliarnent or a provincial legislature. the chairperson. except on gootl cause shown: or
S
10
15
20
25
30
35
40
45
50
23. I I ) A \ acanc! i n the Committee OCCLII 'S if a memhe~-- i u i upon at l c a h t one month's v.ri!tcn notice. tenders his or her resignation t o the
( h i is rcmo\,ed iron1 office i n terrns of section 32: or ic) dies 01- becomes permanentl) incapable of doing his o r he]- work.
Minister: 5
( 2 ) in) When a vacant) in the Committee has occurred. the procedure contemplated
I h j Any memher appointed under this section holds office for the rest of the period of 10 i n section 70(3) applies.
the predecessor's term of office.
Remuneration
24. Any member of- the Committee. other than officials from State departments, must he paid by the Department such remuneration and allowances as the Minister. u,ith the cormll-rence of the Minist r of Finance. m y determin 15
Meetings of Kegulating 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 he held at such time and place as the hlinister determines.
CHAPTER 9 70
GENER4L AND hfISCELLANEOUS PROVISIONS
Intellectual property rights
26. ( I ) The Weather Service retains the intellectual property rights on any data. meteorological and ad\,isory s e n ices. computer programs. inventions. discoveries and improvements generated by the Weather Service in the fulfilment of its functions. 75
( 3 ) Any data. information. ad\.isoI-y services and meteorological services of the \.eather Service pro\ ided to a client or customer may not be provided by that client 01- customer to a third part!. or be distributed uithout the written consent of the Chief Executive office^-.
such medium. muyt acknou~ledge the bixther Ser\,ice's contribution ( 3 ) Any use of matenat by wa)' of publication. including radio. television or othel- 30
Limitation of liahilit?
27. The LIcathcr Service is not liahlt- f m any damage. loss 01- injury sustained or alleged t o hn\.e bccn sustained by any person as a result of his or her reliance on meteorological information pro\.ided by the M'eather Ser\.ice. 35
Rules of Board
29. The Board ma! make 1-ulcs. \4,hich 31-e not in conflict with this Act 01- the 35 regulations. for the proper management of the M'eather Service and its interests.
Delegation of' powers and assignment of duties
30. ( 1 )The Boa]-d ma!' delegate an\' p o u w and a.;sisn any duty ofthc Board i n writing to thc chairperson of the Board. the Chief Executi\e Officer 01- an employee of the \I'eather Sernzice.
duty conferred or imposed upon the Chief Executi\.e Officer by or under this Act to an employee of the Weather Serlice. except powers delegated to the Chief Executive Officer under subsection (1 ).
( 3 ) Any delegation 01- assignment ur.lder subsection ( I ) or (2) may at any time be rescinded or amended by the Board or the Chief Executive Officer. as the case may be. 10
(4) The Board and the Chief Executijle Officer are neither divested of any power or function delegated or assigned under wbsection (1) or ( 2 ) nor absolved from their responsibilities. and may. subject to the provisions of subsection (5). amend or withdraw an!' decision made in the exercise of su'zh delegated power or in the performance of a function so assigned. 15
( 5 ) A decision made in the exercise c , f a power so delegated and in consequence of n,hich a payment has been made or any right has been conferred upon any person, may not be amended or withdrawn \trithout 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 Executi.r.e Officer. except the powers contemplated in 20 section 28.
( 2 ) The Chief Executi\,e Of3cer ma! i n writins delegate any power and assign any 5
Repeal of Meteorology Act , 1988 (Bolphuthatswana)
31. The (Bophuthatswana) Meteorohgy Act. 1988 (Act No. 18 of 1988). is hereby repealed.
Short title and commencement 25
32. This Act is called the South African Weather Service Act: 3001, and takes effect on a date fixed by the President by proc amation in the Gazerre.
SCHEDULE 1
1 .
3.
4.
5.
6. 7
S. 9.
I O .
1 1 .
12.
13.
The fathering of mrteo~~oiogical nd climatological obser\,atjonal data o\'er South Africa and surrounding oceans. suficient for the needs of the country and to comply u,Ith internatioml obligations and in .accordance with World I\leteorolo$cal Organization standards. \\,here practicable. The carrying out of those international obligations agreed under World Meteorological Organization arrangements. including the international distri- bution of data and acting as Regional Telecommunications Hub and as Regional Specialised Meteorological Centre. The provision of other meteorological services and the representation of Government in fulfilment of international Obligations, where appropriate. 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. The provision of dail) rainfall and maximum and minimum temperatures data to the general public. The custody of the National Climatological Databank. The operation of a national meteorological telecommunication network and computer infrastructure necessary to provide public good services. The maintenance of the National Meteorological Library. The provision of advice to Government regarding meteorological and climatolog~cal matters. The provision of meteorological and functional-related training in partnership with higher education institutions. The conducting of research focussed on reducing the impact of ufeather- related natural disasters and on improving to the quality of the public good services. The provision of meteorological support for aviation and maritime search and rescue activities in accordance with international obligations of the Govern- ment. The provision of seryice for tht: benefit of subsistence farmers and fisheries.
’X N o . 11422 GOVERNME3T GAZETTE. 19 JUNE 2001
Act No. 8. 2001 SOUTH AFRICAN U’EATHER SERVICE ACT. 2001
SCHEDULE 2
COMMERCIAL SERVICES
1.
2.
3. 4. 5 .
6. 7. 8. 9.
10. 11.
The provision of specialised weather forecasting and climate information services. The provision of services to the maritime industry that are not included in international obligations of thy SOLAS Convention (Safety of Life at Sea). The provision of aviation meteorological services. Weather and climate related publications. Meteorological consultations including advice to the legal and insurance industries. Contracted weather and climate-related research. Research to improve commercial services. The dissemination of weather ,and climate information. The manufacturing and selling of meteorological equipment to State departments and users from the private sector as well as the servicing, repairing and standardisation clf equipment falling within the competence of the Weather Service. The provision of specialised services to the media. Commercial services provided on an ad hoc basis to State departments.