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(b) confiscate and detain any heritage resource or evidence concerned with the
commission of the offence pending any further order from the responsible
heritage resources authority; and
(c) take such action as is reasonably necessary to prevent the commission of an
offence in terms of this Act.
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(10) A heritage inspector may, if there is reason to believe that any work is being done
or any action is being taken in contravention of this Act or the conditions of a permit
issued in terms of this Act, order the immediate cessation of such work or action pending
any further order from the responsible heritage resources authority.
(11) A heritage inspector may require any person who he or she has reason to believe 10
has committed an offence in terms of this Act to supply his or her name and address and
reasonable evidence of his or her identity, and may arrest a person who refuses to
comply with those requirements.
(12) A person—
(a) must comply with a request or requirement lawfully made in terms of this 15
section to the extent that the person is capable of complying with it;
(b) may not knowingly furnish information that is false or misleading; and
(c) may not hinder or obstruct any heritage inspector in the exercise of his or her
powers in terms of this section.
Offences and penalties
51. (1) Notwithstanding the provisions of any other law, any person who
contravenes—
(a) sections 27(18), 29(10), 32(13) or 32(19) is guilty of an offence and liable to
a fine or imprisonment or both such fine and imprisonment as set out in item
1 of the Schedule;
(b) sections 33(2), 35(4) or 36(3) is guilty of an offence and liable to a fine or
imprisonment or both such fine and imprisonment as set out in item 2 of the
Schedule;
(c) sections 28(3) or 34(1) is guilty of an offence and liable to a fine or
imprisonment or both such fine and imprisonment as set out in item 3 of the
Schedule;
(d) sections 27(22), 32(15), 33(1), 35(6) or 44(3) is guilty of an offence and liable
to a fine or imprisonment or both such fine and imprisonment as set out in item
4 of the Schedule;
(e) sections 27(23)(b), 32(17), 35(3), 36(3) or 51(8) is guilty of an offence and
liable to a fine or imprisonment or both such fine and imprisonment as set out
in item 5 of the Schedule;
(f) sections 32(13), 32(16), 32(20), 35(7)(a), 44(2), 50(5) or 50(12) is guilty of an
offence and liable to a fine or imprisonment or both such fine and
imprisonment as set out in item 6 of the Schedule.
(2) The Minister, with the concurrence of the relevant MEC, may prescribe a penalty
of a fine or of imprisonment for a period not exceeding six months for any contravention
or failure to comply with regulations by heritage resources authorities or by-laws by
local authorities.
(3) The Minister or the MEC, as the case may be, may make regulations in terms of
which the magistrate of the district concerned may—
(a) levy admission of guilt fines up to a maximum amount of R10 000 for
infringement of the terms of this Act for which such heritage resources
authority is responsible; and
(b) serve a notice upon a person who is contravening a specified provision of this
Act or has not complied with the terms of a permit issued by such authority,
imposing a daily fine of R50 for the duration of the contravention, subject to
a maximum period of 365 days.
(4) The Minister may from time to time by regulation adjust the amounts referred to
in subsection (3) in order to account for the effect of inflation.
(5) Any person who—
(a) fails to provide any information that is required to be given, whether or not on
the request of a heritage resources authority, in terms of this Act;
(b) for the purpose of obtaining, whether for himself or herself or for any other
person, any permit, consent or authority in terms of this Act, makes any
statement or representation knowing it to be false or not knowing or believing
it to be true;
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