A summary of this committee meeting is not yet available.
PUBLIC SERVICE SELECT COMMITTEE
14 June 2000
BUILT ENVIRONMENT LEGISLATION; COSPAS-SARSAT AGREEMENT
Copy of slide presentation (Appendix 1)
Statutory Regulation of the Built Environment Professions. (Appendix 2)
Cospas-Sarsat System (Appendix 3)
Cospas-Sarsat Agreement (Appendix 4)
Quantity Surveying Professions Bill [B22-2000]
Project And Construction Management Professions Bill [B21-2000]
Property Valuers Profession Bill [B20-2000]
Engineering Profession Bill [B19-2000]
Landscape Architectural Profession Bill [B18-2000]
Architectural Profession Bill [B17-2000]
Council For The Built Environment Bill [B16-2000]
The Department of Public Works presented a briefing on the statutory regulation of the Built Environment Professions. One of the Draft Bills establishes an overarching Council for the Built Environment Profession (CBE), which will act as a vehicle of communication between government and the profession, and advise government on matters impacting on the built environment. Four of the draft Bills re-establishes councils to regulate each existing built environment profession. Two of the Draft Bills create two new professions, namely the Project Construction Management, and the Landscape Architectural Profession. The Committee were also briefed on the Cospas-Sarsat Agreement.
Built Environment Professions legislation
Ms Bici from the Department of Public Works, presented a briefing on the statutory regulation of the Built Environment Professions. The Council for Built Environment Bill establishes an overarching Council for the Built Environment Profession, and each of the six Draft Bills establishes a council to regulate each specific built environment profession aiming to ensure equitable representation on the councils, as well as govern two new professions. She said that there is an urgent need for this legislation because the existing legislation is in conflict with legislation promulgated since 1994.
Ms Bici informed the committee that their department is legislatively and administratively responsible for the professions of Architects, Engineers, Quantity Surveyors and Property Valuers. In terms of existing legislation, the council for each of these professions operates independently and in isolation. These Bills has been introduced to overcome the shortcomings in the inherent regulatory system, and to create a climate for ongoing transformation and development of the professions.
The CBE has been created to overcome the problems in the profession by acting as a vehicle of communication between government and the profession, and advise government on matters impacting on the built environment.
The functions and objectives of the CBE are: to provide advice on national policy, promote appropriate standards, ensure consistent application of policy, facilitate inter-ministerial co-operation, act as an appeal body, obtain recognition for the councils as bodies responsible for education standards, review fees published by the councils and to synthesise annual reports of the councils for submission to the Minister.
This new legislation challenges the preserve of the professions who currently are exclusively represented on existing councils. The CBE proposes representation by the profession, state and the public at a ratio of 60:20:20. The CBE membership will consist of the following: 1 Department of Public Works; 4 nominated by government departments including provincial participation; 12 from professional councils (2 each); 6 from each voluntary association (1 each) and 5 nominated by the public.
The CBE will cost an estimate of R1.5m pa. Funding will be received from various sources such as membership fees payable to the councils of the professions, interest on investment and donations, contributions or grants received from any person, institution or government.
Two new councils are established for Project Construction Management and the Landscape Architectural Profession. The legislation re-establishes councils for the four professions that currently exist. The functions and objectives of the councils are to continue education, training and professional development as well as to regulate internal recognition of qualifications. The councils shall also be responsible for: the registration of individuals, setting up of professional fees, advise and provide information to government, uphold professional conduct and identification of functions to ensure health, safety and pecuniary interests of the public and of quality of standards.
The Minister and the Built Environment Forum approved the draft policy document last year. Public comment was received by July 1999 and the legislation was approved by Cabinet in September 1999. Public hearings took place on the tabled bills in the Portfolio Committee of Public works from 6-7 June 2000.
Mr S Hodgson from the Department of Public Works, informed the committee that the proposed legislation is straightforward, as it re-enacts four existing pieces of legislation, as well as creates two new councils, and the CBE. This legislation ensures registration aimed at opening this field to the general public. Presently, only engineers are registered as a statutory body, namely the Council Of Engineers. This new legislation will lead to greater transparency, and recognition of new professions, such as project managers. This legislation will also reduce the current membership fee of about R600 to approximately R20 per annum.
Questions and response
Ms Ntwanambi (ANC) asked how nine provinces can be fairly represented with only four members permitted on the CBE.
Four seats are reserved for nominations by government Departments, which includes provincial participation. This will ensure better co-ordination between the provinces. The department felt that the membership to the CBE is quite bulky, and asked that the numbers be reduced. Representation is not about numbers, but about better co-ordination. The four seats is not about representation of the provinces, but about how the provinces interact.
Dr Nel (NNP) asked how town planners will be affected by this legislation.
Ms Bici said that Town Planners fall under the Department of Land Affairs. The Bill does not exclude them, and they could be represented in the CBE.
Mr Marais (ANC) asked the department to furnish the committee with the breakdown of demographics in the profession. He also asked when the department want the CBE to be in place, and if any written submission was made hereto. Mr Sulliman (ANC) asked if these new structures will report to Parliament.
Mr Hodgson informed the committee that the register of the professions is colour blind. The CBE will be a statutory body, and Parliament would be informed of the Council. He said the following issues were raised in the public hearings:
Â· Peer Judgement
ECSA said that non engineers can adjudicate on the conduct of engineers. Others felt that it was against natural justice for the same body to sit on the appeal.
Â· Voluntary Associations
There has been requests to link and regulate voluntary associations with the statutory body. Some voluntary associations contribute towards the development and training of the professions.
Â· Project Management Council
Most felt that this is premature. The real issue here is that any engineer or quantity surveyor can call themselves project managers.
The Department has already established a plan for the CBE.
In response to a question by Mr Mokoena (ANC) on who can nominate members to the CBE, Mr Hodgson said that anyone can nominate.
Mr Marais (ANC) asked if all the assets will revert to the CBE, as all the disciplines will be answerable to the CBE. What is the status quo regarding the financial situation?
Mr Hodgson said that voluntary associations were established long before the statutory bodies. There is no linkage between the assets of the CBE and the voluntary associations. Mr Hodgson concluded by informing the committee that these Bills has been in the making for the past five to six years.
COSPAS-SARSAT Programme Agreement
Mr P Modiba, Search and Rescue manager: Department of Transport, informed the committee that as a signatory to several conventions, the Department had undertaken to provide maritime search and rescue services services. COSPAS - SARSAT is one such service [COSPAS is a Russian acronym which translates loosely into "Space System for the Search of Vessels in Distress" and SARSAT stands for Sarsat Search and Rescue Satellite Aided Tracking]. COSPAS - SARSAT provides, free-of-charge, distress alert and location information to search and rescue authorities anywhere in the world for maritime, aviation and land users in distress.
The department has recently acquired equipment to provide Cospas-Sarsat services which are currently rendered by Telkom, on behalf of the department, on a contractual basis.
A Local User Terminal (LUT) has been installed at Telkom's Head Offices in Milnerton, and is partly operational. The satellite services are provided free of charge in terms of the International Cospas-Sarsat agreement, but individual countries must pay for the ground segment.
The purpose of the agreement is to ensure long term operation of the Cospas-Sarsat System, which provides distress alert and location data from the system to the international community in support of search and rescue operations on a non-discriminatory basis, and to define the means by which the parties shall co-ordinate the management of the System and co-operate with other national authorities and relevant international organisations in the operation of the system.
Mr Modiba concluded by informing the committee that this agreement falls within the provisions of Section 231(2) of Act 108 of 1996, and should therefore be submitted for tabling to parliament. (See appendix 4 for letter of notification of association with The International Cospas/Sarsat Programme as a Ground Segment Provider )
Mr D Cornelissen from Telkom delivered a slide presentation on the Cospas-Sarsat System (See Appendix 3)
Ms Majodina (ANC) asked Mr Modiba what is expected from this committee. She asked Telkom what role COSPAS played during the recent disasters, and the extent of their involvement.
Mr Modiba said that they would like the agreement to be tabled, because they would like to be associated with the COSPAS programme. This will in turn indicate South Africa's commitment to co-operate. South Africa is serious about safety and would like to see this industry growing. They had not played a role in the recent disasters because they are mainly designed for aviation and maritime accidents.
Mr Sulliman asked who will fund this project.
Mr Cornelissen said that Telkom provides satellite services to the department, for which the department pays annually. Telkom owns the equipment. The Department pays Telkom R2m per annum for leasing this equipment, and the government pays an association fee of $25 000 per annum.
Mr Marais (ANC) asked who owns the satellite.
Mr Cornelissen said that USSR, France and Canada had contributed the most money and the US and USSR manage the satellite. Each country is responsible for the purchase of their own equipment on the ground. The end user pays nothing. South Africa's system will cover Africa south of the Equator. It is not known if neighbouring countries will contribute financially. The department intends contacting the SADC countries for contribution towards this system, as they will also benefit. They can only do this after this agreement has been passed.
Slide Presentation on Statutory Regulation of the Built Environment Professions
- 5 year consultative process leading to Draft legislation being published in July 1999
- Package of 7 bills, but only 2 pieces of legislation:
Â· Draft Bill establishing an overarching Council for the Built Environment Professions
- Draft Bill to regulate each of the 6 Built Environment professions and establishing a council for each profession.
Â· DPW legislatively and administratively responsible for 4 professions
Â· Lack of coordination- with Government and within professions
Â· Inconsistent standards and procedures
Â· Inability to resond to change, professional development and new disciplines
Â· The Council for the Built Environment Professions (CBE)
Â· Need for the CBE
Â· Functions and core objectives of the CBE
Â· Membership of the CBE
Â· Financing of the CBE
Â· Councils of the 6 professions
Â· Consultative process
The Need for the CBE
Â· The CBE
- Establishes overarching CBE
- Re-enacts the laws of the existing Councils
- Establishes new Councils for two professions
Â· Need for the CBE
- Lack of co-ordination - with government and within professions
- Inconsistent standards and procedures
- inability to respond to change, professional development and new disciplines
Functions and Objectives of the CBE
- Provide advice on national policy
- Promote appropriate standards
- Ensure consistent application of policy
- Facilitate inter-ministerial co-operation
- Act as an appeal body
- Obtain recognition for the councils as bodies responsible for education standards
- Review fees published by the councils
- Synthesise annual reports of the councils for submission to the Minister
Membership of the CBE
Â· Appointed by Minister of Public Works in consultation with other Minister
Â· Balance of Stakeholder interests and national development priorities
Â· Broad representation - race, gender, and disability
Â· Four year membership
Â· Representation of government, professions and the public
1 - DPW
4 - Nominated by government departments including Provincial participation
12 - From professional councils (2 each)
6 - From each voluntary association (1 each)
5 - Nominated by the public
Financing of the CBE
Â· Funds of the CBE consist of:
- Membership fees payable to the councils of the professions
- Interest on investment
- Donations, contributions or grants
Councils of the 6 Professions
Â· Re-establishment of the Councils for the professions that currently exist
Â· Establishment of two additional councils
Â· Functions and objectives of the Councils
- Education, training and professional development
- Registration of individuals
- Internal recognition of qualifications
- Identification of functions to ensure health, safety and pecuniary interests of the public and of quality of standards
- Upholding of professional conduct
- Setting up of professional fees in consultation with CBE
Â· Key milestones of the consultative process
- Draft policy document : 1997
- Further consultation : 1997 - 1998
- Policy document approved by Built Environment Forum : Feb. 1999
- One-on-one consultation with professions : June 1999
- Publication for public comment : July 1999
- Cabinet approval : Sep. 1999
- Certification by state law advisors: March 2000
- Public Hearings: June 2000
Areas of support and concern
Â· Generally wide support for the establishment of the CBE
Â· Main areas of concerns:
- Perceived subordination of the Councils to the CBE
- The right of appeal by the public or affected professionals to the CBE and the disciplinary
- Financial burden to the professions
- Perceived premature establishment of the P and CM Council
Conclusion: Benefits- Governance and Transformation
Â· New legislation will enable:
- improved ability for professions to develop and respond to transformation
- consistency and appropriate co-ordination between the professions and with the Minister
- recognition of new professions and of categories of the professions
- improved transparency and accountability of the professions.
Statutory Regulation of the Built Environment Professions
Submitted by the Construction Industry Development Programme, NPWP and Legal Services, Department of Public Works
In July 1999, following a 5-year consultative process, draft legislation was published for comment, together with the policy document upon which the legislation is based. The draft legislation before Parliament reflects changes incorporated as a result of stakeholder and public comment received and amendments by the State Law Advisor.
This package of legislation incorporates 7 draft Bills. While this appears to be voluminous, it is in fact merely two pieces of legislation:
Â· One Draft Bill establishing an overarching Council for the Built Environment Professions, and
Â· A draft Bill to regulate each of the six built environment professions and establishing a Council for each of these professions. Thus, these 6 draft Bills are similar in nature and vary only to accommodate the specifics of each profession.
Currently, the Department of Public Works is responsible legislatively and administratively for the following four professions:
Â· Architects, Engineers, Quantity Surveyors and Property Valuers
Each Council for the above professions operates independently and in isolation. In terms of existing legislation (introduced since 1970) their primary functions are
Â· to reserve work for the specific profession and to ensure professional standards, health and safety and the protection of the public;
Â· to accredit professional training programmes and institutions;
Â· to register professionals;
Â· to establish codes of conduct and disciplinary procedures for members of the respective professions; and
Â· to establish guidelines on appropriate fee structures.
Some shortcomings in the inherited regulatory system include
Â· Inconsistencies in the execution of the core functions of the different statutory Councils;
Â· Lack of proper co-ordination between the different professions with respect to national development priorities;
Â· Insufficient and, in some cases, no recognition of different categories of professions (eg Architectural Technologists / Technicians);
Â· Inability to respond to innovation and to recognise new professions;
Â· Exclusive governance by registered professionals as manifested in their representation on the councils.
3. PROPOSED LEGISLATION
To overcome the problems identified above and to enable a climate for the ongoing transformation and development of the professions, the proposed legislation
Â· Establishes an overarching Council for the Built Environment Professions;
Â· Re-enacts the laws on the existing Councils; and
Â· Establishes new Councils for two professions - Project and Construction Management and Landscape Architects.
3.1 Council for the Built Environment Professions (CBE)
This overarching Council will advise Government on matters impacting on the built environment and will act as a vehicle of communication between Government and the professions.
The Council will manage co-ordination between the professions to support matters of national importance such as resource utilisation, human resource development, public safety, health and the environment. It will enable the recognition of new professions and will promote registration of different categories within the profession, effectively opening up the professions to wider access.
The CBE will ensure consistent application by the different Councils of policy and principle in relation to
Â· accreditation of training programmes and institutions,
Â· registration of professionals:
Â· codes of conduct and disciplinary procedures,
Â· determination of fee structures.
Finally, in serious disciplinary cases where conviction by an of the professional Councils will lead to deregistration, the CBE will act as an appeal body for the affected professional as well as for aggrieved members of the public.
3.2 Councils for the 6 Professions
Each of the Councils will interact directly with the CBE on broad issues within the scope of the built environment. The functions of these Councils reflect an enhanced performance of the functions previously performed and described above. The critial difference lies in the more democratic composition of each Council and the monitoring role of the CBE. The new legislation takes extensive account of the linkages between the 6 Councils and the CBE.
3.3 Composition of the CBE and the Councils of the 6 Professions
The new legislation challenges the preserve of the professions who currently are exclusively represented on existing Councils. It proposes representation by the professions, the State and the public on the principle of a 60:20:20 proportional representation.
The 6 Councils are self-financing. The CBE will cost an estimated R1.5 million per annum and the State will cover a percentage of this amount (from within DPW's existing budget), with the remainder raised from subscriptions of the registered professionals.
4. CONSULTATIVE PROCESS
Recognising the shortcomings and the need for transformation, a structured process of consultation was initiated by the Department in 1994 when the Built Environment Forum of all relevant stakeholders was constituted.
4.1 Key Milestones of the consultative process are as follows:
Â· Human Sciences Research Council (HSRC) commissioned
to analyse all aspects of professional regulation, also within
international context,1995 to 1996
Â· Draft Policy Document developed: 1997
Â· Further consultation with stakeholders: 1997 - 1998
Â· Policy document refined and approved by Built Environment Forum, Feb 1999
Â· One on one consultation with professions on Draft laws, June 1999
Â· Publication for public comment, July 1999
Â· Cabinet approval, September 1999
Â· Certification by State Law Advisor, March 2000
4.2 Support and areas of concern
The legislation is broadly supported. Some concerns have been raised in regard to:
Â· a perceived subordination of the professional Councils to the CBE;
Â· the right of appeal by the public, or the affected professional, to the CBE in disciplinary cases adjudicated by the Councils;
Â· the additional cost to the professions of the CBE as an overarching council.
The new legislation reflects the precepts of our new democracy and will enable:
Â· improved ability of the professions to develop and to respond to transformation and ongoing change in the modern world;
Â· consistency and appropriate coordination between the professions, and with the Minister;
Â· recognition of new professions and of categories of the professions; improved transparency and accountability of the professions.
Telkom SA Ltd as the service provider for Safety of Life at Sea (SOLAS) services to the Department of Transport (by Dirk Cornelissen, Maritime Services)
Telkom Maritime Services
Â· The Republic of South Africa is a party to the International Convention for the Safety of Life at Sea (SOLAS)
Â· The Department of Transport is the responsible authority for implementing the SOLAS Convention
Â· Telkom SA as the contracted service provider, provides the equipment, maintenance, services, facilities and radio communication infrastructure necessary for these purposes.
Â· Four manned stations at Cape Town, Klipheuwel, Durban and Port Elizabeth
Â· Thirty six remote sites along coast
Â· Cape Town, Milnerton - main controlling station
Â· Port Elizabeth - smaller manned control station
Â· Durban - smaller manned control station
Â· All controlling stations are manned 24 hr, 7 days a week, 365 days a year.
Â· SOLAS = Safety of Life at Sea an International Maritime Organisation Agreement introduced in 1974.
Â· GMDSS = Global Maritime Distress and Safety System part of the SOLAS agreement and regulated by the ITU.
Â· COSPAS/SARSAT = A polar orbiting satellite system for detecting the emissions from EPIRBS.
Â· EPIRB = Emergency Position Indicating Radio Beacon
Â· IMO = International Maritime Organisation governing body regulating marine safety including communications.
What is COSPAS-SARSAT?
Â· International organisation started by USA, France, Canada and USSR and provides, free-of-charge, distress alert and location information to search and rescue authorities anywhere in the world for maritime, aviation and land users in distress.
Â· Persons rescued world-wide since 1982 = >10,000
Â· Search and Rescue events since 1982 = 3,000
Â· The system consists of a space segment (satellites), ground segment (LUT/MCC) and alerting devices or beacons (EPIRB, ELT, PLB)
Objective of Association
Â· Contribute to long-term operation of the system.
Â· Provide distress alert and location data from the system to the International community in support of Search & Rescue operations on a non-discriminatory basis.
Â· Support, by providing these distress alert and location data, the objectives of IMO and ICAO concerning search and rescue.
Â· Cooperate with other national authorities and relevant international organisations in the operation and co-ordination of the system.
Â· In South Africa's case, DOT is signatory, but Telkom is appointed by DOT as agent to perform above functions.
LETTER OF NOTIFICATION OF ASSOCIATION WITH THE INTERNATIONAL COSPAS/SARSAT PROGRAMME AS A GROUND SEGMENT PROVIDER
THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA:
NOTING the successful implementation of the COSPAS/SARSAT Search and Rescue Satellite System established and operated under the terms of the International COSPAS/SARSAT Programme Agreement between Canada, the Republic of France, the Union of Soviet Socialist Republics and the United States of America, which was signed on 1 July 1988 and entered into force on 30 August 1988;
NOTING that the Russian Federation formally notified one of the Depositaries of the International COSPAS/SARSAT Programme Agreement on 6 January 1992 that it was maintaining all rights and obligations of the former Union of Soviet Socialist Republics
in the International COSPAS/SARSAT Programme;
NOTING the commitment of the Parties to the International COSPAS/SARSAT
Programme Agreement to assure the long term operation of the COSPAS/SARSAT
System and access to this System to all States on a nondiscriminatory basis, and free
of charge to the end-user in distress;
CONSIDERING the provisions of the International COSPAS/SARSAT Programme
Agreement concerning participation of States non-Parties to the Agreement in the
COSPAS/SARSAT System as Ground Segment Providers;
DESIRING to strengthen the close international co-operation in this humanitarian
AWARE of the International Maritime Organsiation's decision to establish a Global
Maritime Distress and Safety System, as well as the responsibilities of the International
Civil Aviation Organsiation and the International Telecommunication Union in their
CONVINCED that a world-wide satellite system to provide alert and location services
for maritime aviation and terrestrial distress and safety is important for the efficient
operations of search and rescue;
RECOGNISING that it is therefore desirable that States non-Parties to the lnternational
COSPAS/SARSAT Programme Agreement cooperate with the Parties to this
Agreement and with other States, on a nondiscriminatory basis, in the establishment
and operation of COSPAS/SARSAT Ground Segment equipment and in the use of the
COSPAS/SARSAT System in support of search and rescue operations;
AGREES AS FOLLOWS:
- "Agreement" means the International COSPAS/SARSAT Programme Agreement;
- "COSPAS/SARSAT Parties" means the Parties to the Agreement;
- "Programme" means those activities carried out by the COSPAS/SARSAT Parties under the terms of the Agreement, to provide, operate and co- ordinate the COSPAS/SARSAT System in accordance with the Agreement;
- "System" means the COSPAS/SARSAT System comprising of a Space Segment, a Ground Segment and Radiobeacons, all as described in Article 3 of the Agreement, and including Ground Segment equipment and Radiobeacons provided by Ground Segment Providers and User States under the terms of the Agreement;
- "Council" means the Council established pursuant to the Agreement
- "Secretariat" means the Secretariat established pursuant to the Agreement
- "Ground Segment Provider" means any State which establishes and operates Ground Segment equipment, and avails itself of the System, under the terms of the Agreement:
- "User State" means any State that avails itself of the System under the terms of the Agreement
- "Agency" means an organisation designated by a Ground Segment Provider or a User State for the purpose of implementing its responsibilities in its association with the Programme;
- "Signatory" means the State which, under the terms of this letter, notifies one of the Depositaries of the Agreement of its association with the Programme as a Ground Segment Provider.
SCOPE AND OBJECTIVES OF THE SIGNATORY'S ASSOCIATION WITH THE PROGRAMME
2.1 The Objectives of the Signatory's association with the Programme are to:
a) Contribute to the long-term operation of the System;
b) Provide distress alert and location data from the System to the international community in support of search and rescue operations on a nondiscriminatory basis;
c) Support, by providing these distress alert and location data, the objectives of the International Maritime Organisation and the International Civil Aviation Organisation concerning search and rescue; and
d) Cooperate with other national authorities and relevant international organisation in the operation and co-ordination of the system.
2.2 In order to implement these objectives, the Signatory shall associate itself with the Programme as Ground Segment Provider and shall:
1) utilise the System in support of search and rescue operations through the reception of COSPAS/SARSAT alert and location data and through the deployment of Radiobeacons;
2) establish and operate in a time frame indicated to the Council, ground segment equipment consisting of:
- at least one Local User Terminal to receive signals relayed by COSPAS/SARSAT satellites and process them to determine Radiobeacons' location, and
- one Mission Control Centre to accept the output from the Local User Terminals and other MCC's and convey distress alert and location data to appropriate authorities.
2.3 The Signatory accepts that no provision in this letter of notification shall commit the COSPAS/SARSAT Parties beyond the terms of the Agreement.
STATEMENT OF SIGNATORY'S RESPONSIBILITIES
3.1 In accordance with provisions of the Agreement concerning: the association of Ground Segment Providers and User States with the Programme, the Signatory shall assume the following responsibilities:
to adhere to the technical specifications and operating procedures set by the Council for the purpose of ensuring adequate System performance;
to endeavour to deliver, in accordance with the procedures agreed with the Council, distress alert and location information received through the COSPAS/SARSAT Space Segment to appropriate search and rescue authorities;
c) to provide, as agreed with the Council, appropriate performance data in order to confirm compatibility of its Ground Segment equipment with the System;
to advise the Council or the competent international organisation of its point of contact for distress alert purposes;
to make use of radiobeacons for operation in the System, the characteristics of which comply with appropriate provisions of the International Telecommunications Union and COSPAS/SARSAT Specifications;
a) to maintain, as applicable, a radiobeacon register;
to exchange COSPAS/SARSAT data in a timely and non-discriminatory manner, in accordance with procedures agreed with the Council;
to participate as necessary in appropriate meetings of the Programme convened by the Council, including open meetings of the Council and its subsidiary organs, with a view to resolving relevant administrative, operational and technical issues; and
to fulfil any other requirement as may be agreed with the Council.
3.2 This notification shall not be interpreted as committing the Signatory to any obligation beyond the terms of this letter, or modifications to any existing obligation, without its prior consent and the Signatory shall not be required to carry out any new responsibility, before a period of time agreed with the Council.
AGENCY AND REPRESENTATION OF THE SIGNATORY IN THE MEETINGS OF THE PROGRAMME
4.1 The Signatory notes that, having met the requirements of Article 11 or Article 12 of the Agreement, it is entitled to attend open meetings of the Council and its subsidiary organs, receive all the relevant documents pertaining to these meetings, submit papers, propose agenda items and participate in the discussion.
4.2 The Signatory shall designate an Agency which shall be responsible for the implementation of its association with the Programme in accordance with paragraphs 2 and 3 of this letter of notification.
4.3 The Signatory shall inform the COSPAS/SARSAT Parties, through the Secretariat, of its designated Agency and of its representative in the meetings of the Programme convened by the Council, in which Ground Segment Providers or User States are invited to participate.
4.4 The Signatory shall inform the COSPAS/SARSAT .Parties, through the Secretariat, of any subsequent changes of its designated Agency and representative.
4.5 The Signatory accepts that the participation of its representative in the meetings of the Programme shall be in accordance with the applicable provisions of the International COSPAS/SARSAT Programme Agreement and the applicable rules of procedure adopted by the Council.
5.1 The Signatory accepts that the Parties and other States associated with the Programme shall not make any claim or bring actions against each other for injury, damage or financial losses arising out of activities, or lack thereof, pursuant to its association with the Programme or its use of the System.
5.2 The Signatory accepts no liability towards users of the System, including COSPAS/SARSAT Parties, Ground Segment Providers and User States, or any third party, particularly as regards any claims for injury, damages or financial losses that may arise from their use of the System or from the Signatory's association with the Programme. The Signatory will cooperate with COSPAS/SARSAT Parties, Ground Segment Providers and User States with a view to protecting themselves from any such potential claims.
6. FINANCIAL MATTERS
6.1 The Signatory, in conformity with its domestic funding procedures and subject to the availability of appropriated funds, shall bb fully responsible for financing all costs associated with its contribution to the System as defined in paragraph 2 and 3 of this letter of notification.
6.2 In accordance with Article 6 of the Agreement, the Signatory is prepared to contribute the standard annual amount, determined from time to time by the Council in agreement with Non-Party States associated with the Programme, towards the common costs associated with the organisation, administration and co-ordination of the Programme.
In accordance with Article 6 of the Agreement, common costs referred to in paragraph 6.2 of this letter of notification do not include any costs associated with the reception and transmission of distress alert data through the COSPAS/SARSAT Space Segment, which are provided by the COSPAS/SARSAT Parties free of charge to all States.
7. ENTRY INTO FORCE AND TERMINATION
7.1 The association of the Signatory with the Programme as a Ground Segment Provider shall be effective 30 days after the date on which this letter of notification is received by one of the Depositaries of the Agreement.
7.2 The Signatory may terminate unilaterality its association with the Programme by notifying one of the Depositaries of the Agreement of its intent to do so. Such termination shall take effect 180 days after the date of receipt of the notification by this Depositary of the Agreement. The Signatory shall inform the COSPAS/SARSAT Parties through the Secretariat of its intent to terminate unilaterally its association.
7.3 The Signatory accepts that, unless terminated in accordance with paragraphs 7.2 of this letter of notification, its association with the Programme shall remain effective until the Agreement ceases to be in force, in which case the Signatory's association with the Programme will be automatically terminate
7.4 The Depositaries of the International COSPAS/SARSAT Programme Agreement are jointly the Secretary General of the International Civil Aviation Organisation and the Secretary General of the International Maritime Organisation: the Depositary referred to in this letter of notification is the Secretary General of the International Maritime Organisation who is requested to inform the COSPAS/SARSAT Parties and the other Depositary of the date of receipt of the present and subsequent notifications by the Signatory and to transmit to each of them one copy of the present and subsequent notifications by the Signatory.
IN WITNESS WHEREOF, the undersigned, duly authorised, has signed this letter of notification
DONE AT......................... this.......................................................................................................
in the English language, one original sent to the Secretary General of the International Maritime Organisation.
FOR THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA
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