[This is the version of this document at 1 December 1998.]
An Act to provide for the establishment and functions of a National Meteorological Service and for other matters related or incidental thereto.
1. Short title
This Act may be cited as the National Meteorological Service Act 1992.
In this Act unless the context otherwise requires:"International Agreements" means those meteorological and operational hydrological related agreements of the World Meteorological Organisation, the International Civil Aviation Organisation, the Food and Agricultural Organisation or such other intergovernmental or non-inter-governmental organisations to which Swaziland is a party;"meteorological data" means any information that determines the conditions of the weather as recorded by any means in order to provide meteorological services;"meteorological services" include activities of weather observation and forecasting as well as the provision of advisory services in connection with the observation or study of the behaviour of the earth’s atmosphere in both space and time and its interaction with land, water and human activities;"Minister" means the Minister responsible for Transport and Communications;"product" means any observed and processed meteorological data.
3. Establishment of the National Meteorological Service
(1)There is hereby established a National Meteorological Service (referred to in this Act as the "Service") which shall be a department under the Ministry responsible for Transport and Communications.(2)The Service is composed of the aeronautical meteorology unit of the Civil Aviation Branch in the Ministry of Transport and Communications and the climatology unit of the Water Resources Branch in the Ministry of Natural Resources.
4. Object of the Service
The object of the Service is to provide meteorological services in support of the social and economic development of Swaziland and for the safety and well-being of the people of Swaziland.
5. Functions of the Service
For the attainment of its object the Service shall:(a)establish, operate and maintain a national network of observing stations for the observation of the various meteorological and climatological conditions and occurrences;(b)collect, process and keep all meteorological and other related data acquired by the Service or from any person or organisation;(c)exchange observed data and products in accordance with the requirements of international agreements in order to facilitate the co-ordination and monitoring of meteorological activities at international or regional level;(d)establish, operate and maintain the necessary communications system it requires for the collection and dissemination of data and products;(e)publish and disseminate observed data, analyses, forecasts and other interpreted products;(f)disseminate warnings of adverse weather-related conditions and advise on necessary safety measures to be adopted in the event of the occurrence of a disaster;(g)advise and educate the general public on precautions to be taken during the occurrence of severe weather and climatic phenomena;(h)advise on the development and use of wind and radiation energy and on the control and prevention of air pollution;(i)conduct studies and research in the appropriate meteorological and climatological fields;(j)conduct such training courses, seminars and on-the-job training as may be necessary for the efficient discharge of its functions; and(k)perform such other functions as are incidental to those specified in paragraphs (a) to (j) or as may be assigned to it from time to time by the Minister.
6. Management of the Service
(a)The service shall have a Director and a Deputy Director.(b)The Director and Deputy Director shall be appointed by the Civil Service Board.
7. Functions of the Director and Deputy Director
(1)Subject to such directives as may be given by the Minister on matters of policy, the Director shall be responsible for the day-to-day administration and management of the affairs of the Service, and in particular:(a)shall be responsible for the control and discipline of the personnel of the Service in accordance with the Civil Service Order, 1973 and regulations made thereunder;(b)shall ensure that expenditures incurred by the Service in connection with the performance of its functions under this Act are in conformity with its approved budget and work programme.(2)The Director may engage the services or seek the assistance of such Government and other agencies as he deems expedient for the collection of data relevant to the functions of the Service.(3)The Deputy Director shall perform such functions as may be assigned to him by the Director.(4)When the Director is absent from office, the Deputy Director shall perform the functions of the Director during the period of absence.(5)When both the Director and the Deputy Director are absent from office, the most senior head of one of the sections of the Service shall act during the period of absence of both the Director and Deputy Director.
8. Personnel of the Service
The personnel of the Service shall consist of:(a)such employees in the aeronautical meteorology unit of the Civil Aviation Branch in the Ministry of Transport and Communications as may be transferred to the Service by the Minister;(b)such employees in the climatology unit of the Water Resources Branch in the Ministry for Natural Resources and Energy as may be transferred to the Service by the Minister for Natural Resources and Energy in consultation with the Minister; and(c)such other employees as may from time to time he appointed to the Service by the Civil Service Board under section 9 of this Act.
9. Appointment of employees of the Service
Employees of the Service, other than those transferred to the Service by virtue of section 8(a) and (b), shall be appointed by the Civil Service Board upon the recommendation of the Director.
10. Funds of the Service
The funds of the Service shall consist of monies allocated to the Service by the Government.
11. Accounts of the Service
The Director shall cause to be kept proper and accurate accounts of its receipts and expenditures in accordance with the requirements of the Finance Management and Audit Act, 1967.
12. Work programmes and annual budget
The work programme and budget of the Service in respect of each financial year shall be submitted to the Minister for his approval in such form and within such period as the Minister may determine.
13. Annual reports
The Director shall within three months after the end of each financial year, make a report to the Minister on the financial position and activities of the Service during that financial year.
14. Fees and other charges
The Minister may, upon the recommendation of the Service, by Notice in the Gazette, prescribe fees and other charges in respect of such meteorological services as the Minister may determine.
15. Prohibition against unauthorised dissemination of meteorological data
No person or organisation shall disseminate any meteorological information or data unless that person or organisation has been authorised in writing by the Director of the Service to disseminate such meteorological information or data.
16. Private weather observing stations
(1)The Service shall supervise the establishment operation and use of Private Weather Stations;(2)No person shall establish, operate or use a private weather observing station without notifying the Director in writing.(3)When he deems it expedient for the discharge of the functions of the Service, the Director may with the consent of the owner use the facilities of a private weather observing station.(4)The operator of a private weather observing station shall furnish the Service with such meteorological data or other relevant information as the Director may consider necessary for the discharge of the functions of the Service.(5)An officer of the Service authorised by the Director may at any reasonable time enter the premises of a private weather observing station for the purpose of inspecting and calibrating the weather observing instruments installed at such station.(6)Persons or organisations operating weather observing stations should co-ordinate their work with the Service regarding Meteorological activities.
Any person who—(a)knowingly furnishes any false data or other relevant information as the Service may require under this Act;(b)without lawful authority (proof of which shall lie on him) disseminates any meteorological information or data;(c)wilfully tampers with any weather observing station or with any weather observing instruments installed at such station; or(d)obstructs or otherwise interferes with any authorised officer of the Service in the discharge of his duties under this Actshall be guilty of an offence and liable on conviction to a fine not exceeding E2,000 or to imprisonment not exceeding two years or to both.
The Minister may by Notice in the Gazette make regulations for the carrying out of the object and purposes of this Act
19. Transfer of assets
There is hereby transferred to the Service:(a)such assets held by the aeronautical meteorology unit of the Civil Aviation Branch in the Ministry of Transport and Communications as the Minister may determine; and(b)such assets held by the climatology unit of the Water Resources Branch in the Ministry of Natural Resources and Energy as the Minister for Natural Resources and Energy may determine in consultation with the Minister.