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(a)
(b)
(c)
(d)
(e)
Delegate any of its functions or powers under this section;
make a recommendation to the Minister or MEC in terms of this Act;
borrow money under section 21(5)(a);
acquire or dispose of real property under section 21(5)(b) or (c); or
adopt any statement of general policy or conservation management plan under 5
section 47.
(4) A delegation under this section shall be revocable at will and no such delegation
shall prevent the exercise of any power by the heritage resources authority: Provided
that the delegation of any power to a provincial heritage resources authority in terms of
an agreement under subsection (1)(f) shall only be revoked by SAHRA with the consent 10
of the Minister, after SAHRA has consulted such provincial heritage resources authority.
CHAPTER II
PROTECTION AND MANAGEMENT OF HERITAGE RESOURCES
Part 1: Formal protections
National heritage sites and provincial heritage sites
27. (1) SAHRA must identify those places with qualities so exceptional that they are
of special national significance in terms of the heritage assessment criteria set out in
section 3(2) and prescribed under section 6(1) and (2), and must investigate the
desirability of their declaration as national heritage sites.
(2) A provincial heritage resources authority must identify those places which have
special qualities which make them significant in the context of the province or a region
in terms of the heritage assessment criteria set out in section 3(2) and prescribed under
section 6(1) and (2) and must investigate the desirability of their declaration as
provincial heritage sites.
(3) Any person may submit a nomination to SAHRA for a place to be declared a
national heritage site or to the provincial heritage resources authority for a place to be
declared a provincial heritage site. The heritage resources authority concerned may
prescribe the format and procedures for such nominations.
(4) A written motivation for the declaration of a place as a heritage site must be
prepared and kept on record by the heritage resources authority.
(5) SAHRA may, by notice in the Gazette, declare any place referred to in subsection
(1) to be a national heritage site.
(6) A provincial heritage resources authority may, by notice in the Provincial Gazette,
declare any place referred to in subsection (2) and described in the notice to be a
provincial heritage site.
(7) The heritage resources authority concerned may, by similar notice—
(a) amend any notice published under subsection (5) or (6); or
(b) withdraw any notice published under subsection (5) or (6) or paragraph (a) of
this subsection.
(8) Before declaration of a place as a heritage site, or amendment or withdrawal of a
notice under subsection (7), the heritage resources authority—
(a) must notify the owner;
(b) must notify the mortgage holder, the occupier and any other person with a
registered interest in the property;
(c) must notify all conservation bodies which have, in terms of section 25(1)(b),
registered their interest in the geographical area in which the proposed
heritage site is situated, and give them at least 60 days to make submissions
regarding the proposed declaration, amendment or withdrawal, and in the case
of the owner, to propose conditions under which the action will be acceptable.
All submissions must be considered by the heritage resources authority before
a final decision is made; and
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