Government Gazette 29 December 2004
26
Act No. 27, 2004
No.3361
NATIONAL HERITAGE ACT, 2004
that the Council considers relevant.
(2)
The Council may ask the applicant or any person who has made a submission
for additional information in relation to the application or submission that the Council
thinks necessary to assist the determination of the application.
(3)
Before determining an application, the Council may require the applicant
to obtain from a person with appropriate professional qualifications or experience, at the
applicant's expense, a statement as to the impact the proposed works and activities may
have on the place or object to which the application relates and the risk of damage to the
place or object.
(4) The Council must determine an application for a permit within 90 days
after its receipt, but the Council, with the consent of the applicant or, if the applicant
refuses consent, with the approval of the Minister, may extend that period by a further
period not exceeding 30 days.
(5) If the Council obtains an extension in accordance with subsection (4), the
Council must notify the applicant within 7 days of that extension and the period of the
extension.
Issue of permit
52. (1) After considering an application and any submissions relating to the
application, the Council may determine
(a)
to issue the permit for the proposed works and activities;
(b)
to issue the permit for some of the proposed works and activities specified
in the application and approved by the Council; or
(c)
to refuse to issue the permit.
(2) A permit may be issued on any conditions the Council thinks fit, including
a condition requiring
(a)
the applicant to carry out, at the applicant's expense, any protective works
which the Council may specify;
(b)
that the works or activities be carried out under the supervision of a person
with appropriate professional qualifications or experience as specified in
the permit, at the applicant's expense;
(c)
in the case of a permit authorising excavation of a site, that Namibian citizens,
as may be specified in the permit, be engaged in the activities for the purpose
of receiving professional training.
(3) The Council must, within 7 days of making a determination
subsection (1)
under
(a)
issue the permit to the applicant;
(b)
issue the permit for some of the works or activities approved by the Council
under paragraph (b) of that subsection and give the applicant a written notice
of refusal to issue a permit in respect of the works and activities not approved;
or
(c)
give the applicant written notice of the refusal to issue the permit.