66
(8) The provisions of this section do not apply to a development as described in
subsection (1) if an evaluation of the impact of such development on heritage resources
is required in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989),
or the integrated environmental management guidelines issued by the Department of
Environment Affairs and Tourism, or the Minerals Act, 1991 (Act No. 50 of 1991), or 5
any other legislation: Provided that the consenting authority must ensure that the
evaluation fulfils the requirements of the relevant heritage resources authority in terms
of subsection (3), and any comments and recommendations of the relevant heritage
resources authority with regard to such development have been taken into account prior
to the granting of the consent.
10
(9) The provincial heritage resources authority, with the approval of the MEC, may,
by notice in the Provincial Gazette, exempt from the requirements of this section any
place specified in the notice.
(10) Any person who has complied with the decision of a provincial heritage
resources authority in subsection (4) or of the MEC in terms of subsection (6) or other 15
requirements referred to in subsection (8), must be exempted from compliance with all
other protections in terms of this Part, but any existing heritage agreements made in
terms of section 42 must continue to apply.
Part 3: Management
Inventory of national estate
39. (1) For the purposes of the consolidation and co-ordination of information on
heritage resources, SAHRA must compile and maintain an inventory of the national
estate, which must be in the form of a data base of information on heritage resources
which it considers to be worthy of conservation, including—
(a) all places and objects with which it and its predecessors have been involved;
(b) all places and objects protected through the publication of notices in the
Gazette or Provincial Gazette, whether in terms of this Act or provincial
legislation;
(c) places and objects subject to general protections in terms of this Act or
provincial legislation for the management of heritage resources; and
(d) any other place and object which it considers to be of interest,
and for this purpose it must co-ordinate, and may prescribe, national standards for the
recording of information by provincial heritage authorities.
(2) Heritage resources must be listed in the inventory in the format and under the
categories prescribed by SAHRA.
(3) SAHRA may from time to time, after consultation with the relevant provincial
heritage resources authority and the local authority concerned, make, amend or delete
entries in the inventory: Provided that—
(a) all places listed in any heritage register must be entered in the inventory;
(b) a local authority must inform SAHRA on the destruction of a place listed in a
heritage register, whereupon SAHRA must record such destruction in the
inventory.
(4) A provincial heritage resources authority must, within 30 days of the listing of a
heritage resource in a heritage register or the amendment or deletion of an entry, notify
SAHRA and provide details of the listing, amendment or deletion.
(5) A provincial heritage resources authority must, at regular intervals in the manner
prescribed by SAHRA, provide SAHRA with any information about heritage resources
in the province which would increase the volume and detail of information held in the
inventory.
(6) Any person has access to the inventory at the offices of SAHRA: Provided that
information may be withheld if its disclosure may impact negatively on the privacy or
economic interests of the owner or any person with an interest in a property, or a
potential investor, or on the continued conservation of a heritage resource.
(7) SAHRA must at regular intervals, publish a summary and analysis of the
inventory of the national estate.
National heritage resources assistance programme
40. (1) Subject to section 21, SAHRA may provide financial assistance in the form of
20
25
30
35
40
45
50
55