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(e) objects of cultural and historical significance;
(f) objects to which oral traditions are attached and which are associated with
living heritage;
(g) objects of scientific or technological interest;
(h) books, records, documents, photographic positives and negatives, graphic
material, film or video or sound recordings, excluding those that are public
records as defined in section 1(xiv) of the National Archives of South Africa
Act, 1996 (Act No. 43 of 1996), or in a provincial law pertaining to records or
archives; and
(i) any other prescribed category.
(2) For the purposes of this section, an object within a type of objects declared to be
a heritage object is deemed to be a heritage object.
(3) Before declaring any object contemplated in subsection (1) as a heritage object,
SAHRA may give to the owner such prior opportunity for representations or
submissions to be made in regard to the proposed declaration as may be practicable in
the circumstances and in such manner as may be prescribed. Nothing herein contained
shall oblige SAHRA to give such prior opportunity if the circumstances militate against
this.
(4) SAHRA with the approval of the Minister may, by notice in the Gazette—
(a) declare an object, or a collection thereof, or a type of object or list of objects,
whether specific or generic, to be a heritage object;
(b) amend any notice published under paragraph (a); or
(c) withdraw any notice published under paragraph (a) or amended under
paragraph (b).
(5) SAHRA may not exercise its power under subsection (4) unless—
(a) in the case of a specific object or collection, it has served on the owner a notice
of its intention and has given him or her at least 60 days to lodge an objection
or suggest reasonable conditions regarding the care and custody of such object
under which such declaration is acceptable; or
(b) in the case of a type of objects, it has—
(i) published a notice of provisional declaration in the Gazette;
(ii) by public advertisement and any other means it considers appropriate,
made known publicly the effect of the declaration and its purpose; and
(iii) invited any interested person who might be adversely affected to make
submissions to or lodge objections with SAHRA within 60 days from the
date of the notice,
and has considered all such submissions and objections.
(6) An object or collection shall be deemed to be protected as a heritage object for six
months from the date of service or publication of a notice under subsection (5)(a) or
(5)(b)(i), or until such notice is withdrawn or the object or collection or type of objects
is declared to be a heritage object, whichever is the shorter period.
(7) SAHRA must maintain a register of heritage objects in which all objects,
collections of objects and types of objects which have been declared heritage objects
must be listed.
(a) The register shall be in two parts:
(i) Part I: Heritage objects listed by type.
(ii) Part II A: Specific heritage objects as listed in the inventory of a public
museum in South Africa or otherwise displayed or kept in secure
conditions.
(iii) Part II B: Other specific heritage objects.
(b) SAHRA may prescribe the further division of the parts of the register into
categories or other subdivisions.
(8) SAHRA must make available to the public, subject to subsection (9), a summary
of information contained in the register.
(9) Where it is necessary to ensure the proper protection of a heritage object which is
entered in the register, no information which may identify the location of the object must
be accessible to any person except with the express consent of SAHRA, for so long as
SAHRA may determine.
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