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(8) The owner of a national heritage site, a provincial heritage site or a place listed in
a heritage register may, by a heritage agreement entered into with the heritage resources
authority or local authority responsible for the protection of such place, or any person or
body approved by such authority, appoint the heritage resources authority or the local
authority or the person or body concerned, the guardian of the place.
(9) The heritage agreement referred to in subsection (7) or (8) may provide for—
(a) the maintenance and management of the place;
(b) the custody of the place and the duties of any person who may be employed in
connection therewith;
(c) the occupation or use of the place by the owner or otherwise;
(d) the restriction of the right of the owner or occupier to do certain acts or things
on or near the place;
(e) the facilities of access to be permitted to the public and to persons deputed by
the guardian to inspect or maintain the place;
(f) the presentation of the place;
(g) the notice to be given to the guardian in case the owner intends to offer the
land on which the place is situated for sale, lease or other disposal, and the
right to be reserved to the guardian to have first refusal of such sale, lease or
other disposal;
(h) the payment of any expenses incurred by the owner or by the guardian in
connection with the maintenance of the place;
(i) any other matter connected with the protection or management of the place
which is agreed to by the owner and the guardian;
(j) the duration of the agreement, with provision for the earlier termination
thereof by any party thereto; and
(k) the procedure for the resolution of any dispute arising out of the agreement.
(10) The owner of a place which is under guardianship shall, except as expressly
provided by this Act, continue to have the same estate, right, title and interest in and to
the place as before.
(11) Every heritage agreement has effect according to its tenor but subject to the
provisions of this Act: Provided that—
(a) the execution of a heritage resources agreement in respect of a heritage
resource must not prevent the heritage authority responsible for its protection
from exercising any powers in this Act in relation to that resources; and
(b) nothing in terms of any heritage agreement shall permit or allow any person to
carry out any act contrary to this Act.
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Incentives
43. (1) On advice from SAHRA the Minister, in concurrence with the Minister of
Finance, may publish regulations on financial incentives for the conservation of heritage
resources which form part of the national estate, or otherwise promote the purpose of 40
this Act.
(2) An MEC or a local authority may in planning schemes or in by-laws under this Act
or by any other means provide incentives for the conservation of heritage resources as
provided for in subsection (1).
Presentation of protected resources
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44. (1) Heritage resources authorities and local authorities must, wherever appropriate, co-ordinate and promote the presentation and use of places of cultural significance
and heritage resources which form part of the national estate and for which they are
responsible in terms of section 5 for public enjoyment, education, research and tourism,
including—
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(a) the erection of explanatory plaques and interpretive facilities, including
interpretive centres and visitor facilities;
(b) the training and provision of guides;
(c) the mounting of exhibitions;
(d) the erection of memorials; and
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