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(2) SAHRA is responsible for the identification and management of Grade I heritage
resources and heritage resources in accordance with the applicable provisions of this
Act, and shall co-ordinate and monitor the management of the national estate in the
Republic.
(3) A provincial heritage resources authority is responsible for the identification and
management of Grade II heritage resources and heritage resources which are deemed to
be a provincial competence in terms of this Act.
(4) A local authority is responsible for the identification and management of Grade III
heritage resources and heritage resources which are deemed to fall within their
competence in terms of this Act.
(5) For the purpose of any application for a permit or other authorisation to perform
any action which is controlled in terms of this Act or provincial heritage legislation, a
formal protection by a heritage resources authority at a higher level takes precedence
over any formal or general protection at a local level, without prejudice to any incentives
offered at any level.
(6) (a) A provincial heritage resources authority or a local authority shall not perform
any function in terms of this Act or any other law for the management of heritage
resources unless it is competent to do so. The capacity of a provincial heritage resources
authority or local authority shall be assessed in terms of criteria prescribed by the
Minister, including the availability of adequate staff, expertise, experience and
administrative systems, to be applied—
(i) by SAHRA, in the assessment of the capacity of provincial authorities to
perform specific functions in relation to prescribed categories of heritage
resources; and
(ii) by provincial heritage resources authorities, to establish the capacity of local
authorities to perform any function under this Act:
Provided that, in the event of a dispute, the matter shall be submitted to arbitration.
(b) If an authority at provincial or local level does not have the capacity or is not
competent to perform a specific function for which it is responsible under this section,
that function shall be performed on an agency basis by an authority at a higher level or
a competent authority on the same level.
(c) A provincial heritage resources authority or a local authority shall apply to the
relevant authority for the assessment of its competence under paragraph (a) in the
manner prescribed by the assessing authority, and may apply for reassessment within the
period and on the conditions prescribed by the assessing authority.
(d) The assessing authority may at any time, and shall at least every two years,
reassess the competence of a subordinate authority and review the assumption of
functions and powers under this Act.
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Rights, duties and exemptions of State and supported bodies
9. (1) All branches of the State and supported bodies must give heritage resources 40
authorities such assistance in the performance of their functions as is reasonably
practicable.
(2) All branches of the State and supported bodies must, on the request of a heritage
resources authority, make available for its use and incorporation into its data base any
information which it has on record on heritage resources under its control: Provided that 45
the body supplying such information may set out conditions regarding the disclosure
and distribution of such information by the heritage resources authority.
(3) Each State department and supported body must—
(a) maintain and conserve the heritage resources under its control in accordance
with standards and procedures set out in regulations by SAHRA in 50
consultation with the Department of Public Works;
(b) submit annually to SAHRA a report on the maintenance and development of
such resources;