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(a) provisionally protect for a maximum period of three months any place which
it considers to be conservation-worthy, the conservation of which the local
authority considers to be threatened and which threat it believes can be
alleviated by negotiation and consultation; and
(b) withdraw any notice published under paragraph (a):
Provided that it notifies the provincial heritage resources authority within seven days of
such provisional protection.
(3) A provincial heritage resources authority may, by notice in the Provincial Gazette,
revoke a provisional protection by a local authority under subsection (2) or provisionally
protect a place concerned in accordance with subsection (1).
(4) A heritage resources authority or a local authority may not provisionally protect
any heritage resource unless it has notified the owner of the resource in writing of the
proposed provisional protection.
(5) A heritage resource shall be deemed to be provisionally protected for 30 days from
the date of service of a notice under subsection (4) or until the notice is withdrawn or the
resource is provisionally protected by notice in the Gazette or the Provincial Gazette,
whichever is the shorter period.
(6) A heritage authority or a local authority may at any time withdraw a notice which
it has issued under subsection (4).
(7) SAHRA shall inform the relevant provincial heritage authority and local authority
within 30 days of the publication or withdrawal of a notice under subsection (1).
(8) A provincial heritage resources authority shall inform the relevant local authority
within 30 days of the publication or withdrawal of a notice under subsection (1).
(9) A local authority shall inform the provincial heritage authority of the withdrawal
of a notice under subsection (2)(b).
(10) No person may damage, deface, excavate, alter, remove from its original
position, subdivide or change the planning status of a provisionally protected place or
object without a permit issued by a heritage resources authority or local authority
responsible for the provisional protection.
Heritage Registers
30. (1) A provincial heritage resources authority must compile and maintain a heritage
register listing the heritage resources in the province which it considers to be
conservation-worthy in terms of the heritage assessment criteria set out in section 3(3)
and prescribed under section 7.
(2) Subject to subsection (7), a provincial heritage resources authority may, by notice
in the Provincial Gazette, list a heritage resource or amend or delete an entry in a
heritage register.
(3) Heritage resources must be listed in accordance with—
(a) the sub-categories of Grade II and Grade III heritage resources prescribed
under section 7, if any;
(b) the areas of jurisdiction of local authorities; and
(c) any additional categories prescribed by the provincial heritage resources
authority in consultation with SAHRA.
(4) A provincial heritage resources authority must prescribe the procedure and
information required for—
(a) the nomination of a resource for listing in a heritage register; and
(b) the compilation of an inventory of heritage resources referred to in subsection
(5),
which shall require at least compliance with such minimum standards as may be
prescribed by SAHRA for the recording of information under section 39.
(5) At the time of the compilation or revision of a town or regional planning scheme
or a spatial development plan, or at any other time of its choosing, or at the initiative of
a provincial heritage resources authority where in the opinion of a provincial heritage
resources authority the need exists, a planning authority shall compile an inventory of
the heritage resources which fall within its area of jurisdiction and submit such
inventory to the relevant provincial heritage resources authority, which shall list in the
heritage register those heritage resources which fulfil the assessment criteria under
subsection (1).
(6) A provincial heritage resources authority may approve an inventory of heritage
resources submitted to it by any person for listing in the heritage register.
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