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(7) A provincial heritage resources authority shall not list a place in a heritage register
without having consulted the owner of such place regarding inter alia the provisions to
be established under subsection (11) for the protection of the place.
(8) The MEC may, after consultation with the MEC for local government, prescribe
the process of consultation referred to in subsection (7).
(9) On publication of a notice in the Provincial Gazette concerning the listing in the
heritage register of a place within its area of jurisdiction, or the amendment or deletion
of an entry for such place, a local authority must notify the owner of such place.
(10) A local authority shall notify SAHRA and the provincial heritage resources
authority when a place within its area of jurisdiction which is listed in the heritage
register is destroyed, whereupon the provincial heritage resources authority shall record
the destruction of the place against the entry in the heritage register for that place, and
SAHRA shall record such destruction in the inventory of the national estate.
(11) Within six months of the publication of a notice in the Provincial Gazette
concerning the inclusion in the heritage register of a place falling within its area of
jurisdiction, every local authority must make provision for the protection of such place
through the provisions of its planning scheme or by-laws under this Act: Provided that
any such protective provisions shall be jointly approved by the provincial heritage
resources authority, the relevant local authority and the provincial planning authority,
and provided further that—
(a) the special consent of the local authority shall be required for any alteration to
or development affecting a place listed in the heritage register;
(b) the local authority must, prior to the consideration of an application under
paragraph (a), notify any conservation bodies which have, in terms of section
25(1)(b), registered their interest in the geographical area or type of property
concerned and give them a reasonable period in which to register an objection
or make other representations with respect to the application;
(c) in assessing an application under paragraph (a), the local authority shall
consider—
(i) the cultural significance of the place and how this could be affected by
the proposed alteration or development; and
(ii) any objection or representations under paragraph (b);
(d) where the local authority resolves to approve an application under paragraph
(a) which would materially affect the cultural significance of the place and an
objection to such approval has been registered under paragraph (b), unless the
conservation body concerned withdraws such objection, the objection shall be
deemed to be an appeal in terms of section 49 and the local authority shall
submit the application and all relevant information to the relevant appeal
body; and
(e) in the event of any alteration or development of a place listed in a heritage
register being undertaken without the consent of the local authority, the local
authority may require the owner to stop such work instantly and restore the
site to its previous condition within a specified period. If the owner fails to
comply with the local authority’s requirements the local authority shall have
the right to carry out such restoration work itself and recover the cost thereof
from the owner.
(12) A provincial heritage resources authority or a local authority within whose area
of jurisdiction such site is located may provisionally protect any place in an inventory
referred to in subsections (5) and (6): Provided that such provisional protection shall be
withdrawn when the place is listed in the heritage register.
(13) A local authority may mark any place falling within its area of jurisdiction listed
in a heritage register with a badge indicating its status.
(14) Inclusion of a place in a heritage register shall not exempt any person from
complying with the provisions of sections 35 and 36.
Heritage areas
31. (1) A planning authority must at the time of revision of a town or regional planning
scheme, or the compilation or revision of a spatial plan, or at the initiative of the
provincial heritage resources authority where in the opinion of the provincial heritage
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