Government Gazette 29 December 2004

No.3361

5

NATIONAL HERITAGE ACT, 2004

Act No. 27, 2004

"heritage" means places and objects of heritage significance;

"heritage significance" means aesthetic, archaeological, architectural, cultural, historical,

scientific or social significance;

"land" includes any right to, privilege over, claim to, or any interest, whether corporeal

or incorporeal, in the land or proceeds derived from that land;


"listed building" means a building included in the Register under section 53 as a listed

building, and "listing" has a corresponding meaning;

"local authority" means a local authority council as defined in the Local Authorities Act,

1992 (Act. No 23 of 1992);


"local authority area" has the meaning assigned in the Local Authorities Act, 1992;

"Minister" means the Minister responsible for Culture;

"object" means any movable article, and includes ­
(a)	

an archaeological

(b)	

palaeontological

(c)	

meteorites;

(d)	

ethnographic art objects;

(e)	

military objects;

(f)	

objects of decorative or fine art;

(g)	

objects of scientific or technological interest;

(h)	

books, records, documents, photographic positives and negatives, film, or
video material or sound recordings, excluding those that are public records
to which the Archives Act, 1992 (Act No. 12 of 1992) applies;

"owner" includes
(a)	

object;
and rare geological objects;

­

in relation to land situated in a communal land area as defined in the
Communal Land Reform Act, 2002 (Act No.5 of 2002) ­
(i)	

the person who holds a right in respect of that land under that Act; or

(ii)	

if no person holds such a right in respect of the land, the Communal
Land Board having jurisdiction under that Act in that area;

(b)	

in relation to other State land, means the Minister or public authority that
manages or controls the land;

(c)	

in relation to allY land or other property, a person wllu in terms of any law ­
(i)	

has a right, privilege, claim to; or

(ii)

holds any security over or interests in,


the property or proceeds from the property; or


Select target paragraph3