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(3) A heritage resources authority may at its discretion, in respect of any heritage
resource protected by it in terms of the provisions of Chapter II, by notice in the Gazette
or the Provincial Gazette, as the case may be, grant an exemption from the requirement
to obtain a permit from it for such activities or class of activities by such persons or class
of persons in such circumstances as are specified in the notice.
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Appeals
49. (1) Regulations by the Minister and the MEC must provide for a system of appeal
to the SAHRA Council or a provincial heritage resources council against a decision of
a committee or other delegated representative of SAHRA or a provincial heritage
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resources authority.
(2) Anybody wishing to appeal against a decision of the SAHRA Council or the
council of a provincial heritage resources authority must notify the Minister or MEC in
writing within 30 days. The Minister or MEC shall then appoint an independent tribunal,
consisting of three experts, having expertise regarding the matter.
(3) The tribunal contemplated in subsection (2), in considering the appeal referred to 15
it by the Minister or the MEC, must have due regard to—
(a) the cultural significance of the heritage resources in question;
(b) heritage conservation principles; and
(c) any other relevant factor which is brought to its attention by the appellant or
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the heritage resources authority.
Appointment and powers of heritage inspectors
50. (1) SAHRA or a provincial heritage resources authority may, in writing, appoint
heritage inspectors: Provided that if a heritage inspector is a staff member of a
government department or supported body, such appointment must only be made by
agreement with the Minister or other person in charge of the administration of such
department or body.
(2) By force of this section, each member of the South African Police Services and
each customs and excise officer is deemed to be a heritage inspector.
(3) The heritage resources authority must issue to each heritage inspector, other than
a person referred to in subsection (2), an identity card containing a photograph and the
signature of the heritage inspector.
(4) For the purposes of this section, a reference to an identity card in relation to a
person referred to in subsection (2), is a reference to written evidence of the fact that he
or she is a member of the bodies referred to in subsection (2).
(5) A person who ceases to be a heritage inspector must forthwith return his or her
identity card to the heritage authority concerned.
(6) A heritage inspector, other than a customs and excise officer or a member of the
South African Police Services in uniform, may not exercise his or her powers in terms
of this Act in relation to another person unless the heritage inspector first produces the
identity card for inspection by the other person: Provided that if the production of the
identity card would endanger the health or safety of the heritage inspector, he or she
must produce it as soon as is practicable to do so.
(7) Subject to the provisions of any other law, a heritage inspector or any person
authorised by a heritage resources authority in writing, may at all reasonable times enter
upon any land or premises for the purpose of inspecting any heritage resource protected
in terms of the provisions of this Act, or any other property in respect of which the
heritage resources authority is exercising its functions and powers in terms of this Act,
and may take photographs, make measurements and sketches and use any other means
of recording information necessary for the purposes of this Act.
(8) A heritage inspector may at any time inspect work being done under a permit
issued in terms of this Act and may for that purpose at all reasonable times enter any
place protected in terms of this Act.
(9) Where a heritage inspector has reasonable grounds to suspect that an offence in
terms of this Act has been, is being, or is about to be committed, the heritage inspector
may with such assistance as he or she thinks necessary—
(a) enter and search any place, premises, vehicle, vessel or craft, and for that
purpose stop and detain any vehicle, vessel or craft, in or on which the
heritage inspector believes, on reasonable grounds, there is evidence related to
that offence;
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