Government Gazette 29 December 2004
No.336l
Act No. 27, 2004
31
NATIONAL HERITAGE ACT, 2004
(f)
within the area of a registered archaeological site be in possession of any
excavation equipment or equipment designed or used for the detection of
metals or archaeological or palaeontological objects or meteorites; or
(g)
whether as principal or agent
(i)
buy or sell;
(ii)
export or attempt to export from Namibia;
(iii)
have in his or her possession for the purpose of sale or export,
any archaeological or palaeontological object or any meteorite;
(8)
An application for a consent referred to in subsection (7) must
(a)
be made to the Council; and
(b)
be accompanied
by the prescribed fee.
(9) The Council may issue a consent subject to any conditions that the Council
thinks fit, including a condition
(a)
that the activity authorised by the consent be supervised by a person with
appropriate professional qualifications or experience as specified in the
consent;
(b)
that any archaeological or palaeontological object or meteorite found in the
course of the activity authorised by the consent must be recorded, conserved
and dealt with in a way specified in the consent; and
(c)
that Namibian citizens, as may be specified in the consent, be engaged in
the activity authorised by the consent for the purpose of receiving
professional training.
(10) A person who contravenes or fails to comply with an order under subsection
(5)(a), a notice under subsection (6), any provision of subsection (7) or any condition
imposed under subsection (9), 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.
Duty of persons possessing an archaeological or palaeontological object or meteorite
56.
(1)
A person who is in possession of an item which is an archaeological
or a palaeontological object or meteorite on the date of commencement of this Act must,
within the period as the Minister may determine by notice in the Gazette, notify the
Council of his or her possession of that item and provide the information prescribed in
the notice in relation to the item.
(2)
An item in respect of which a person without reasonable cause does not
give the notification under subsection (1), is deemed to have come into that person's
possession after the commencement of this Act.
(3)
If a person gives notification under subsection (1) in respect of an item of
which that person or any other person acquired possession otherwise than as contemplated
in section 55(3), that item, unless the Council directs otherwise, remains in the person's
possessiOn