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and in accordance with any regulations made by the responsible heritage resources
authority.
(5) SAHRA or a provincial heritage resources authority may not issue a permit for any
activity under subsection (3)(b) unless it is satisfied that the applicant has, in accordance
with regulations made by the responsible heritage resources authority—
(a) made a concerted effort to contact and consult communities and individuals
who by tradition have an interest in such grave or burial ground; and
(b) reached agreements with such communities and individuals regarding the
future of such grave or burial ground.
(6) Subject to the provision of any other law, any person who in the course of
development or any other activity discovers the location of a grave, the existence of
which was previously unknown, must immediately cease such activity and report the
discovery to the responsible heritage resources authority which must, in co-operation
with the South African Police Service and in accordance with regulations of the
responsible heritage resources authority—
(a) carry out an investigation for the purpose of obtaining information on whether
or not such grave is protected in terms of this Act or is of significance to any
community; and
(b) if such grave is protected or is of significance, assist any person who or
community which is a direct descendant to make arrangements for the
exhumation and re-interment of the contents of such grave or, in the absence
of such person or community, make any such arrangements as it deems fit.
(7) (a) SAHRA must, over a period of five years from the commencement of this Act,
submit to the Minister for his or her approval lists of graves and burial grounds of
persons connected with the liberation struggle and who died in exile or as a result of the
action of State security forces or agents provocateur and which, after a process of public
consultation, it believes should be included among those protected under this section.
(b) The Minister must publish such lists as he or she approves in the Gazette.
(8) Subject to section 56(2), SAHRA has the power, with respect to the graves of
victims of conflict outside the Republic, to perform any function of a provincial heritage
resources authority in terms of this section.
(9) SAHRA must assist other State Departments in identifying graves in a foreign
country of victims of conflict connected with the liberation struggle and, following
negotiations with the next of kin, or relevant authorities, it may re-inter the remains of
that person in a prominent place in the capital of the Republic.
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10
15
20
25
30
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Public monuments and memorials
37. Public monuments and memorials must, without the need to publish a notice to
this effect, be protected in the same manner as places which are entered in a heritage
register referred to in section 30.
Heritage resources management
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38. (1) Subject to the provisions of subsections (7), (8) and (9), any person who
intends to undertake a development categorised as—
(a) the construction of a road, wall, powerline, pipeline, canal or other similar
form of linear development or barrier exceeding 300m in length;
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(b) the construction of a bridge or similar structure exceeding 50 m in length;
(c) any development or other activity which will change the character of a site—
(i) exceeding 5 000 m2 in extent; or
(ii) involving three or more existing erven or subdivisions thereof; or
(iii) involving three or more erven or divisions thereof which have been
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consolidated within the past five years; or
(iv) the costs of which will exceed a sum set in terms of regulations by
SAHRA or a provincial heritage resources authority;
(d) the re-zoning of a site exceeding 10 000 m2 in extent; or
(e) any other category of development provided for in regulations by SAHRA or
a provincial heritage resources authority,
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