(4) No person shall, without the written permission of the Commissioner, which
permission may be given only after the Commissioner has considered the report, and which
permission shall include such conditions, if any, as the Commissioner deems necessary,
commence such development, or undertake such development contrary to any such
condition as may be imposed.
(5) A person who contravenes subsection (4) commits an offence and is liable upon
conviction to a fine not exceeding P10 000 or to imprisonment for a term not exceeding 1
year, or to both.
(6) Any permission, given in terms of this section, may at any time be withdrawn if any
person has, in an application to the Commissioner for his permission, knowingly made any
statement which is false in any material particular or supplied therewith any report, drawing
or photograph which is false in any material particular.
(7) Where a development has been undertaken without the written permission of the
Commissioner, or where such permission has been withdrawn, and the excavation or
construction is suspended in terms of section 12(2)(a)
no damages, including consequential damages, of any kind, shall be payable by the
State in respect of the suspension; and
(b)
any extra archaeological salvage costs, being costs that would not have been
necessary had the salvage work been done before the development had
commenced, shall be borne by the person who has undertaken such development.
20.
Damage to erected tablets and other identification notices
No person shall deface, damage or destroy any tablet, plaque or other identification
notice, caused to be erected by the Commissioner under the powers conferred by section
7(g), and any person who defaces, damages or destroys any such tablet, plaque or other
identification notice commits an offence.
21.
Establishment of Monuments and Relics Fund
(1) The Monuments and Relics Fund established under section 15 of the repealed
Monuments and Relics Act, shall continue in existence under this Act, and shall comprise(a)
moneys allocated by the Government for the acquisition, administration, excavation,
protection, repair or improvement of national monuments, monuments, protected
heritage areas, relics or recent artefacts, or to promote the knowledge and study
thereof or public interest therein;
(b)
moneys contributed by any person to the fund for any of the said purposes;
(c)
moneys contributed by any person to the Government for any of the said purposes.
(2) The Commissioner shall be responsible, under the supervision of the Minister, for the
management and administration of the Fund, and shall keep proper accounts of the Fund
and other records in relation thereto, and shall prepare in respect of each financial year a
statement of accounts showing in detail the assets, liabilities, revenue and expenditure of
the Fund in a form which shall conform with the best commercial standards.
(3) No payment in excess of P5 000 shall be made from the Fund except upon the
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