Government Gazette 29 December 2004
28
Act No. 27, 2004
(9)
No.3361
NATIONAL HERITAGE ACT, 2004
(b)
may impose conditions in relation to the exercise of that power by the local
authority.
(10)
The Council and a local authority with delegated power under subsection
(a)
may ask an applicant for further information to assist the determination of
the application; and
(b)
must determine the application within 30 days of the receipt of the
application.
-
(11) A local authority must forthwith give notice to the Council of any consent
given by the local authority under subsection (10) and details ofthe consent given.
(12) Ifan owner or occupier of a listed building alters or develops that building
in contravention of subsection (6)
(a)
the relevant local authority, in the case of a listed building situated within
the area of a local authority; or
(b)
the Council, in the case of a listed building situated outside a local authority
area,
may require the owner or occupier to stop any work for the alteration or development
that building and to restore it to its previous condition or design.
of
(13) If an owner or occupier fails to comply with the requirement of a local
authority or the Council under subsection (12), the local authority or the Council may
without further notice
(a)
take possession of the building;
(b)
cause the necessary restoration work to be carried out; and
(c)
recover from that owner or occupier the cost of the restoration work.
(14) An owner who contravenes subsection (6) commits an offence and is liable
to a fine not exceeding N$l 0 000 or to imprisonment for a period not exceeding 2 years,
or to both such fine and such imprisonment.
Conservation areas
54. (1) The Council may, by notice in the Gazette, declare any area defined
in the notice to be a conservation area on the ground of its historic, aesthetic or scientific
interest.
(2) Before the Council declares an area situated within a local authority area to
be a conservation area, the Council must consult with the relevant local authority.
(3)
Ifthe Council and the local authority fail to agree on the declaration of the
conservation area, the local authority may in writing request the Minister to review the
decision of the Council in relation to the declaration of the conservation area.
(4)
In determining a review under subsection (3), the Minister may confirm or
cancel the decision of the Council and may by notice in the Gazette revoke a notice
issued by the Council under subsection (1).