24
Government Gazette 29 December 2004
Act No. 27, 2004
No.3361
NATIONAL HERITAGE ACT, 2004
a protected object.
(3)
A person must not relocate or disturb the position of a fixed protected object.
(4)
Subsections (1), (2) and (3) do not apply to works or activities
(a)
carried out in accordance with a permit issued under this PART; or
(b)
for which the Council has determined that a permit is not required pursuant
to section 36(2) or section 47.
(5) A person who contravenes a provision of subsection (1), (2) or (3) commits
an offence and is liable to a fine not exceeding N$100 000 or to imprisonment for a
period not exceeding 5 years, or to both such fine and such imprisonment.
Exemption from permit
47. (1) The Council may from time to time determine classes of works or
activities which may be undertaken in respect of any protected place or protected object
or class of protected places or protected objects without a permit under this PART.
(2)
The Council must give written notice without delay to the owner of a
protected place or protected object of a determination made under subsection (1) which
affects that place or object.
(3)
An owner may apply to the Council for a determination that a permit is not
required in respect of particular works or activities in relation to a protected place or
protected object.
(4) Ifthe Council makes a determination under subsection (1) or (3), those
works and activities may be carried out in relation to that protected place or protected
object without a permit under this PART.
(5) The Council may at any time amend or revoke a determination made under
subsection (1) or (3).
(6)
The Council must give written notice without delay to the owner of protected
place or protected object of an amendment or revocation under subsection (5) which
affects that place or object.
Application
for permit
48.
(1)
A person may apply to the Council for a permit to carry out works or
activities in relation to a protected place or protected object.
(2)
An application must
(a)
be accompanied by the prescribed fee; and
(b)
if the applicant is not the owner of the protected place or protected object,
include the consent ofthe owner that the works or activities may be carried
out in relation to that place or object.
(3)
An applicant may at any time
(a)
withdraw an application; or
(b)
with the consent of the Council make amendments to an application.
(4)
In this section "owner" in relation to