Government Gazette 29 December 2004
30
Act No. 27, 2004
No.3361
NATIONAL HERITAGE ACT, 2004
(3) All archaeological and palaeontological objects and meteorites are the
property of the State, except such an archaeological or palaeontological object the private
possession and ownership of which
(a)
was acquired not in contravention of section 12 of the National Monuments
Act, 1969 (Act No. 28 of 1969) or a law repealed by that Act; or
(b)
is acquired by virtue of a consent issued under this section.
(4) A person who discovers any archaeological or palaeontological object or
meteorite must as soon as practicable report the discovery to the Council.
(5) If the Council has reason to believe that any activity or development is
being carried out in or on any area of land which is believed to be an archaeological or
palaeontological or meteorite site without a permit under section 52 and that the activity
or development may destroy, damage or alter that site, the Council may
(a)
serve on the owner or occupier of the site or on the person undertaking the
activity or development an order to cease that activity or development
immediately for the period specified in the order;
(b)
carry out or cause to be carried out an investigation for the purpose of
obtaining information on whether or not an archaeological
or
palaeontological site exists on the land and whether the activity or
development may adversely affect that site;
(c)
if the Council considers that the activity or development may adversely
affect the archaeological or palaeontological site, assist the person on whom
the order has been served under paragraph (a) to apply for a permit in
accordance with section 48; and
(d)
recover the costs of the investigation from the person on whom the order
has been served under paragraph (a) if the investigation shows that an
archaeological or palaeontological site exists on the land and that a permit
under section 52 is required for carrying out that activity or development.
(6) The Council, after consultation with the owner of any land on which an
archaeological or palaeontological site or a meteorite is located, may serve a notice on
that owner to prohibit any activities indicated in the notice within a specified distance
from that site or meteorite.
(7)
Unless authorised by a permit under section 52, a person must not, without
a consent issued under subsection (8)
(a)
use an archaeological or palaeontological
of study, conservation or presentation;
(b)
uncover or expose, or move from its original position, any archaeological
or palaeontological object or meteorite;
(c)
carry out an investigation or survey of any land for the purpose of finding
any archaeological or palaeontological object or meteorite;
(d)
alter or develop any land on or in which an archaeological or palaeontological
site or a meteorite is believed to be located;
(e)
carry out an act likely to endanger an archaeological or palaeontological
object or meteorite;
object or meteorite for the purpose