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(c) fails to comply with or performs any act contrary to the terms, conditions,
restrictions or directions subject to which any permit, consent or authority has
been issued to him or her in terms of this Act;
(d) obstructs the holder of a permit in terms of this Act in exercising a right
granted to him or her by means of such a permit;
(e) damages, takes or removes, or causes to be damaged, taken or removed from
a place protected in terms of this Act any badge or sign erected by a heritage
authority or a local authority under section 25(2)(j) or section 27(17), any
interpretive display or any other property or thing;
(f) receives any badge, emblem or any other property or thing unlawfully taken or
removed from a place protected in terms of this Act; and
(g) within the terms of this Act, commits or attempts to commit any other
unlawful act, violates any prohibition or fails to perform any obligation
imposed upon him or her by its terms, or who counsels, procures, solicits or
employs any other person to do so,
shall be guilty of an offence and upon conviction shall be liable to such maximum
penalties, in the form of a fine or imprisonment or both such fine and such imprisonment,
as shall be specified in the regulations under subsection (3).
(6) Any person who believes that there has been an infringement of any provision of
this Act, may lay a charge with the South African Police Services or notify a heritage
resources authority.
(7) A magistrate’s court shall, notwithstanding the provisions of any other law, be
competent to impose any penalty under this Act.
(8) When any person has been convicted of any contravention of this Act which has
resulted in damage to or alteration of a protected heritage resource the court may—
(a) order such person to put right the result of the act of which he or she was found
guilty, in the manner so specified and within such period as may be so
specified, and upon failure of such person to comply with the terms of such
order, order such person to pay to the heritage resources authority responsible
for the protection of such resource a sum equivalent to the cost of making
good; or
(b) when it is of the opinion that such person is not in a position to make good
damage done to a heritage resource by virtue of the offender not being the
owner or occupier of a heritage resource or for any other reason, or when it is
advised by the heritage resources authority responsible for the protection of
such resource that it is unrealistic or undesirable to require that the results of
the act be made good, order such person to pay to the heritage resources
authority a sum equivalent to the cost of making good.
(9) In addition to other penalties, if the owner of a place has been convicted of an
offence in terms of this Act involving the destruction of, or damage to, the place, the
Minister on the advice of SAHRA or the MEC on the advice of a provincial heritage
resources authority, may serve on the owner an order that no development of such place
may be undertaken, except making good the damage and maintaining the cultural value
of the place, for a period not exceeding 10 years specified in the order.
(10) Before making the order, the local authority and any person with a registered
interest in the land must be given a reasonable period to make submissions on whether
the order should be made and for how long.
(11) An order of no development under subsection (9) attaches to the land and is
binding not only on the owner as at the date of the order, but also on any person who
becomes an owner of the place while the order remains in force.
(12) The Minister on the advice of SAHRA, may reconsider an order of no
development and may in writing amend or repeal such order.
(13) In any case involving vandalism, and whenever else a court deems it appropriate,
community service involving conservation of heritage resources may be substituted for,
or instituted in addition to, a fine or imprisonment.
(14) Where a court convicts a person of an offence in terms of this Act, it may order
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