S.L. 415.1 Art. 9Publication of request. 8 [

(1) As soon as practicable after the receipt of a request for the approval of a collective management organisation, the Board shall:

(a) issue an acknowledgement of receipt of the request to the applicant indicating therein a reasonable time period for the processing of the application: Provided that such period shall apply if all the required documentation has been submitted and S.L.415.01 ADMINISTRATION OF COPYRIGHT

no written objection is received following the publication of the request and the tariffs;

(b) in the event that the required documentation or information is not submitted with the application, the Board shall issue a notification to the applicant requesting the submission of the missing documentation and information. The Board shall inform the applicant that the time period communicated in the acknowledgement issued in terms of the preceding paragraph will have to be reviewed and that the new time period will be notified to the applicant upon receipt of the missing documentation;

(c) in the event that the missing documentation is received by the Board, which documentation is to be submitted with the prescribed fee, the Board shall issue an acknowledgement to the applicant indicating therein a reasonable time period for the continued consideration of the application subject to there not being any written objections following the publication of the request and the tariffs;

(d) following the receipt of all the required documentation, as soon as practicable, the Board shall publish the request together with the proposed tariffs in the Gazette and shall give notice that, within sixty days after publication, prospective users or their representatives may file written objections, to the request or the tariffs, with the Board. These objections shall be accompanied by the prescribed fee and shall be submitted on the basis of the provisions of regulation 9(3);

(e) the Board shall publish a notice in two local newspapers thereby referring to the publication of the request and tariffs in the Gazette; and

(f) all publication costs in the Gazette and the local newspapers shall be borne by the applicant.

(2) Following the lapse of sixty days as specified in sub-regulation (1):

(a) in the event that no objections to the request and tariffs are made, the Board shall approve or refuse the request for operation of a collective management organisation within the time period indicated in the acknowledgement issued by the Board in accordance with sub-regulation (1)(a) and (c) as the case may be and taking into consideration regulation 8(3), (4) and (5); and

(b) in the event that objections to the request and tariffs are made, the Board shall approve or refuse the request [

for operation of a collective management organisation within a reasonable time period, taking into consideration regulation 8(3), (4) and (5) and the grounds of the objections received.

(3) In considering any request for operation of a collective management organisation, the Board may call upon the collective management organisation and any person who has made an objection under sub-regulation (1)(d) for further representations, and shall provide the collective management organisation with the opportunity to amend its request as deemed necessary.

(4) In considering any request for the operation of a collective management organisation the Board may, after granting the applicant a right to be heard, impose such proportionate conditions upon said approval as it may deem appropriate.

(5) On taking its decision, the Board shall as soon as practicable:

(a) send a copy of its decision to the collective management organisation that filed the request and to any person who filed an objection; and

(b) publish its decision in the Gazette.

(6) If the decision is taken to approve the request for the operation of a collective management organisation, the Board shall also:

(a) send a copy of the approved tariffs, together with the reasons for the Board’s decision, to the collective management organisation that filed the tariff and to any person who filed an objection; and

(b) publish the approved set of tariffs in the Gazette.