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(a) serve on the owner or occupier of the site or on the person undertaking such
development an order for the development to cease immediately for such
period as is specified in the order;
(b) carry out an investigation for the purpose of obtaining information on whether
or not an archaeological or palaeontological site exists and whether mitigation
is necessary;
(c) if mitigation is deemed by the heritage resources authority to be necessary,
assist the person on whom the order has been served under paragraph (a) to
apply for a permit as required in subsection (4); and
(d) recover the costs of such investigation from the owner or occupier of the land
on which it is believed an archaeological or palaeontological site is located or
from the person proposing to undertake the development if no application for
a permit is received within two weeks of the order being served.
(6) The responsible heritage resources authority may, after consultation with the
owner of the land on which an archaeological or palaeontological site or a meteorite is
situated, serve a notice on the owner or any other controlling authority, to prevent
activities within a specified distance from such site or meteorite.
(7) (a) Within a period of two years from the commencement of this Act, any person
in possession of any archaeological or palaeontological material or object or any
meteorite which was acquired other than in terms of a permit issued in terms of this Act,
equivalent provincial legislation or the National Monuments Act, 1969 (Act No. 28 of
1969), must lodge with the responsible heritage resources authority lists of such objects
and other information prescribed by that authority. Any such object which is not listed
within the prescribed period shall be deemed to have been recovered after the date on
which this Act came into effect.
(b) Paragraph (a) does not apply to any public museum or university.
(c) The responsible authority may at its discretion, by notice in the Gazette or the
Provincial Gazette, as the case may be, exempt any institution from the requirements of
paragraph (a) subject to such conditions as may be specified in the notice, and may by
similar notice withdraw or amend such exemption.
(8) An object or collection listed under subsection (7)—
(a) remains in the ownership of the possessor for the duration of his or her
lifetime, and SAHRA must be notified who the successor is; and
(b) must be regularly monitored in accordance with regulations by the responsible
heritage authority.
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Burial grounds and graves
36. (1) Where it is not the responsibility of any other authority, SAHRA must
conserve and generally care for burial grounds and graves protected in terms of this
section, and it may make such arrangements for their conservation as it sees fit.
(2) SAHRA must identify and record the graves of victims of conflict and any other
graves which it deems to be of cultural significance and may erect memorials associated
with the grave referred to in subsection (1), and must maintain such memorials.
(3) (a) No person may, without a permit issued by SAHRA or a provincial heritage
resources authority—
(a) destroy, damage, alter, exhume or remove from its original position or
otherwise disturb the grave of a victim of conflict, or any burial ground or part
thereof which contains such graves;
(b) destroy, damage, alter, exhume, remove from its original position or otherwise
disturb any grave or burial ground older than 60 years which is situated
outside a formal cemetery administered by a local authority; or
(c) bring onto or use at a burial ground or grave referred to in paragraph (a) or (b)
any excavation equipment, or any equipment which assists in the detection or
recovery of metals.
(4) SAHRA or a provincial heritage resources authority may not issue a permit for the
destruction or damage of any burial ground or grave referred to in subsection (3)(a)
unless it is satisfied that the applicant has made satisfactory arrangements for the
exhumation and re-interment of the contents of such graves, at the cost of the applicant
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