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Republic of South Africa, 1996 (Act No. 108 of 1996), forms part of the law of the
Republic.
Applicability of provincial legislation
57. Without prejudice to the provisions of this Act, in any province which has enacted
legislation for the establishment of a provincial heritage resources authority and the
management of heritage resources at provincial level, the provisions of such legislation
must, as far as they relate to provincial areas of competence, take precedence over the
equivalent provisions of this Act.
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Transitional provisions and consequential amendments
58. (1) For the purposes of this section, ‘‘the previous Act’’ means the National
Monuments Act, 1969 (Act No. 28 of 1969).
(2) The National Monuments Council established by section 2 of the previous Act is
hereby abolished and all its assets, rights, liabilities and obligations shall devolve upon
SAHRA without formal transfer and without payment of any duties, taxes, fees or other
charges. The officer in charge of registration of deeds registry must, on submission of the
title deed and on application by the authority concerned, endorse such a title deed with
regard to such development.
(3) Any person who was in the employment of the Council referred to in subsection
(2), is regarded to have been appointed under this Act.
(4) The remuneration and other conditions of service of an employee contemplated in
subsection (3) may not be less favourable than the remuneration and other conditions of
service to which that employee was entitled to before.
(5) If a person appointed under subsection (3) or a person regarded to be so appointed,
is dismissed, that person may within 14 days after the date of notification of the
dismissal, appeal in writing against the dismissal to the Minister, who may confirm, vary
or set aside the dismissal.
(6) The National Monuments Council library shall become part of the national
heritage resources library established under section 13(2)(b).
(7) The committees established by section 3A of the previous Act are hereby
abolished and all their assets, rights, liabilities and obligations shall devolve upon
SAHRA without formal transfer and without payment of any duties, taxes, fees or other
charges.
(8) Unless it would in any particular case obviously be inappropriate, any reference in
any law, document or register, to the National Monuments Council must be construed as
a reference to SAHRA and any such reference to an officer or employee of the National
Monuments Council must be construed as a reference to an employee of SAHRA
performing functions or exercising powers similar to those of the first-mentioned officer
or employee.
(9) All trust funds for which the National Monuments Council acted as trustee,
including the War Graves Trust Fund referred to in section 9A of the previous Act, shall
on the date of commencement of this Act become vested in SAHRA as part of the
National Heritage Resources Fund referred to in section 40, and SAHRA must act as
trustee on the same terms and conditions as existed prior to the commencement of this
Act.
(10) On the establishment of a provincial heritage resources authority, arrangements
must be made for the transfer of such assets, rights, liabilities and obligations of SAHRA
in that province to the provincial heritage resources authority as the Minister and the
MEC deem fit.
(11) Sites and objects which prior to the commencement of this Act were protected by
notices in the Gazette in terms of the previous Act, shall, subject to the provisions of any
provincial legislation for heritage resources conservation and any agreement in that
regard, and without the need for the publication of notices in the Gazette, continue to be
protected in terms of the following provisions of this Act:
(a) Immovable national monuments in terms of section 10 of the previous Act
shall be provincial heritage resources sites: Provided that within five years of
the commencement of this Act, the provincial heritage resources authorities in
consultation with SAHRA, must assess the significance of such sites in
accordance with the heritage assessment criteria set out in section 3(3) and
prescribed under section 7(1) and SAHRA must declare any place which
fulfils the criteria for Grade I status a national heritage site;
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