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(23) (a) All reproduction rights either in two or three dimensions in respect of a
heritage site, subject to any existing rights and the agreement of the owner of such site,
belong to the State and vest in the heritage resources authority responsible for the
protection of such site or, by agreement, with the authority or public institution
responsible for the management of such site.
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(b) Subject to the provisions of paragraph (a), no person other than the owner of the
site may make such reproduction for profit without a permit issued by SAHRA or a
provincial heritage resources authority, as the case may be, which may prescribe the fees
payable in respect of such reproduction and must deposit such fees in a trust fund
dedicated to the conservation of such site or of heritage resources in general.
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Protected areas
28. (1) SAHRA may, with the consent of the owner of an area, by notice in the Gazette
designate as a protected area—
(a) such area of land surrounding a national heritage site as is reasonably
necessary to ensure the protection and reasonable enjoyment of such site, or to
protect the view of and from such site; or
(b) such area of land surrounding any wreck as is reasonably necessary to ensure
its protection; or
(c) such area of land covered by a mine dump.
(2) A provincial heritage resources authority may, with the consent of the owner of an
area, by notice in the Provincial Gazette designate as a protected area—
(a) such area of land surrounding a provincial heritage site as is reasonably
necessary to ensure the protection and reasonable enjoyment of such site, or to
protect the view of and from such site; or
(b) such area of land surrounding any archaeological or palaeontological site or
meteorite as is reasonably necessary to ensure its protection.
(3) No person may damage, disfigure, alter, subdivide or in any other way develop any
part of a protected area unless, at least 60 days prior to the initiation of such changes, he
or she has consulted the heritage resources authority which designated such area in
accordance with a procedure prescribed by that authority.
(4) With regard to an area of land covered by a mine dump referred to in subsection
(1)(c) SAHRA must make regulations providing for the protection of such areas as are
seen to be of national importance in consultation with the owner, the Minister of
Minerals and Energy and interested and affected parties within the mining community.
(5) A heritage resources authority may make regulations providing for specific
protections for any protected area which it has designated, including the prohibition or
control of specified activities by any person in the designated area.
(6) A local authority may, with the agreement of the heritage resources authority
which designated a protected area, make provision in its town planning scheme or in
by-laws for the management of such area.
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Provisional protection
29. (1) SAHRA, or a provincial heritage resources authority, may, subject to
subsection (4), by notice in the Gazette or the Provincial Gazette, as the case may be—
(a) provisionally protect for a maximum period of two years any—
(i) protected area;
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(ii) heritage resource, the conservation of which it considers to be threatened
and which threat it believes can be alleviated by negotiation and
consultation; or
(iii) heritage resource, the protection of which SAHRA or the provincial
heritage resources authority wishes to investigate in terms of this Act; 50
and
(b) withdraw any notice published under paragraph (a).
(2) A local authority may, subject to subsection (4), by notice in the Provincial
Gazette—