42
(d) before notifying the owner as provided in paragraph (a), must give to the
owner reasonable opportunity for representations or submissions to be made
in regard to the proposed notification.
(9) A heritage resources authority may at any time withdraw a notice which it has
served in terms of subsection (8)(a).
(10) For the purposes of subsections (15) to (22), a place shall be deemed to be
protected as a heritage site for six months from the date of service of a notice under
subsection (8)(a) or until the notice is withdrawn or the place is declared to be a heritage
site, whichever is the shorter period.
(11) Subject to subsection (12), if the owner objects to the proposed declaration of a
place or proposes conditions which the heritage resources authority reasonably
considers to be unacceptable, the heritage resources authority may, prior to the expiry of
the notice in terms of subsection (10), renew a notice under subsection (8)(a),
whereupon the protection under subsection (10) shall be extended for a further six
months. If during this time consultation between the heritage resources authority and the
owner fails to lead to the withdrawal of the owner’s objection or the proposal of
acceptable conditions, the heritage resources authority may declare the place to be a
heritage site.
(12) The Minister, on the advice of SAHRA, must prescribe circumstances in which
the State, a local authority or a supported body may object to the declaration as a
heritage site of a place which it owns or controls.
(13) SAHRA must inform the provincial heritage resources authority, the provincial
planning authority and the local authority within whose area of jurisdiction a national
heritage site falls, within 30 days of its declaration.
(14) A provincial heritage resources authority must inform SAHRA, the provincial
planning authority and the local authority within whose area of jurisdiction a provincial
heritage site falls, within 30 days of its declaration.
(15) SAHRA is responsible for the protection of national heritage sites in accordance
with the provisions of this section.
(16) A provincial heritage resources authority is responsible for the protection of
provincial heritage sites in accordance with the provisions of this section.
(17) Except in cases where the heritage resources authority considers it inappropriate,
all heritage sites must be marked with a badge indicating their status.
(18) No person may destroy, damage, deface, excavate, alter, remove from its original
position, subdivide or change the planning status of any heritage site without a permit
issued by the heritage resources authority responsible for the protection of such site.
(19) The responsible heritage resources authority may make regulations pertaining to
heritage sites under its control, or to any other heritage site with the consent of the owner
of that site—
(a) safeguarding heritage sites from destruction, damage, disfigurement, excavation or alteration;
(b) regulating the conditions of use of any heritage site or the conditions for any
development thereof;
(c) regulating the admission of members of the public to a heritage site, and the
fees payable for such admission.
(20) Any branch of the State or supported body which is the owner of a heritage site
must maintain such site according to a minimum standard and according to a procedure
prescribed by the responsible heritage resources authority after consultation with the
relevant Departments of Works.
(21) The responsible heritage resources authority may, by agreement with the owner
of a heritage site—
(a) conserve or improve any heritage site;
(b) construct fences, walls or gates around or on a heritage site;
(c) acquire or construct and maintain an access road to a heritage site over any
land, and construct upon such land fences, walls or gates; or
(d) erect signs on or near a heritage site.
(22) No person may damage any fence, wall or gate constructed or sign erected by a
heritage resources authority in terms of subsection (21).
5
10
15
20
25
30
35
40
45
50
55