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Old 10-04-2012, 11:24 PM
rally
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Join Date: Sep 2007
Location: Australia
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"Observatory" is not further defined in the regulations.
I suspect its not further defined elsewhere in the full Act, but I haven't searched it to be sure.

But I suspect that the general meaning of a structure designed to house a telescope system would apply.
So a piece of concrete would be highly doubtful, but a roll off roof or dome certainly must.

They don't specify commercial or professional observatory, so any person could argue successfully that their observatory is an observatory under the act.
If its been approved by the local council as an observatory then I think it would be hard to argue otherwise.

The intention of the act seems to be to ensure that since astronomy is accepted as a genuine exempted use, that the person claiming the exemption is in fact engaged in astronomy. But I'll leave this interpretation to the relevant court to rule on !

I wonder if an astronomy tent qualifies !?
I wonder that if a person was legitimately and sensibly using a laser pointer and they were with a group of people all with telescopes on dedicated piers on a concrete pad, that a sensible judge might use his discretion to deem that site to be an observatory for the purposes of the Act. But I would not want to presuppose what any judge might find !

Remember this Act only applies to SA.
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