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resources authority the need exists, investigate the need for the designation of heritage
areas to protect any place of environmental or cultural interest.
(2) Where the provincial heritage resources authority is of the opinion that the need
exists to protect a place of environmental or cultural interest as a heritage area, it may
request a planning authority to investigate its designation in accordance with proposals
submitted by the provincial heritage resources authority with its request. The planning
authority must inform the provincial heritage resources authority within 60 days of
receipt of such a request whether it is willing or able to comply with the request.
(3) Where the planning authority informs the provincial heritage resources authority
that it is willing and able, the provincial heritage resources authority must assist the
planning authority to investigate the designation of the place as a heritage area.
(4) Where the planning authority does not so inform the provincial heritage resources
authority, or informs the provincial heritage resources authority that it is not so willing
and able, the provincial heritage resources authority may investigate the designation of
the place as a heritage area and, with the approval of the MEC, designate such place to
be a heritage area by notice in the Provincial Gazette.
(5) A local authority may, by notice in the Provincial Gazette, designate any area or
land to be a heritage area on the grounds of its environmental or cultural interest or the
presence of heritage resources, provided that prior to such designation it shall consult—
(a) the provincial heritage resources authority; and
(b) owners of property in the area and any affected community,
regarding inter alia the provisions to be established under subsection (7) for the
protection of the area.
(6) The MEC may, after consultation with the MEC responsible for local government,
publish regulations setting out the process of consultation referred to in subsection (5).
(7) A local authority must provide for the protection of a heritage area 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 provincial planning authority and the local authority, and provided further
that—
(a) the special consent of the local authority shall be required for any alteration or
development affecting a heritage area;
(b) in assessing an application under paragraph (a) the local authority must
consider the significance of the area and how this could be affected by the
proposed alteration or development; and
(c) in the event of any alteration or development being undertaken in a heritage
area without the consent of the local authority, it shall have the power to
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 requirements of the local authority, the local authority shall have the right
to carry out such restoration work itself and recover the cost thereof from the
owner.
(8) A local authority may erect signage indicating its status at or near a heritage area.
(9) Particular places within a heritage area may, in addition to the general provisions
governing the area, be afforded further protection in terms of this Act or other heritage
legislation.
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Heritage objects
32. (1) An object or collection of objects, or a type of object or list of objects, whether
specific or generic, that is part of the national estate and the export of which SAHRA
deems it necessary to control, may be declared a heritage object, including—
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(a) objects recovered from the soil or waters of South Africa, including
archaeological and palaeontological objects, meteorites and rare geological
specimens;
(b) visual art objects;
(c) military objects;
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(d) numismatic objects;