Government Gazette 29 December 2004
No.3361
Act No. 27, 2004
29
NATIONAL HERITAGE ACT, 2004
(5) A person must not undertake the work referred to in subsection (6) unless
that person has complied with all the requirements of this section and permission has
been given to that person by the Council in terms of subsection (10).
(6)
A person who intends to undertake within a conservation
(a)
a development which exceeds 10 000 square metres in extent or the estimated
costs of which exceed N$2 million;
(b)
the construction of a road, wall, powerline, pipeline, canal or any other
similar form oflinear development or barrier exceeding 300 metres in length;
or
(c)
the construction of a bridge or similar structure exceeding 50 metres in
length,
area
must, at least 90 days before the work is planned to begin, give notice to the Council of
the proposed work and of the location where the work is proposed to be carried out.
(7) The Council, with the consent of the Minister responsible for environment,
must as soon as is practicable, but in any event not later than 30 days after receipt of the
notification, inform the person who gave the notice whether the Council requires him or
her to obtain, at his or her expense, an environment impact assessment from a person
with appropriate professional qualifications or experience, with a view to determining
(a)
the existence of heritage resources in the vicinity of the relevant area where
work is to be carried out;
(b)
the impact of the proposed work on those resources; and
(c)
the extent to which the proposed area and height of the proposed development
may be obtrusive in relation to the area and height of any protected place or
listed building in the vicinity.
(8) The report on the environment impact assessment must be submitted to the
Council and the Minister responsible for the environment.
(9) The Council may require the person proposing to undertake the work to
meet with the Council for the purpose of discussing the report and ways to minimize any
adverse effect of the work on heritage resources as may be indicated in the report.
(10) The Council may, after considering the report and any other information
submitted to it in terms of this section, permit, subject to any conditions which it may
impose, the person who has given notice to it in terms of subsection (6), to undertake the
proposed work.
(11) The Council may, in a notice under subsection (1) or a subsequent notice,
prohibit that any building situated within the conservation area which is 50 or more
years old be demolished without the written consent of the Council.
Archaeological and paI2~n.tologicl sites, meteorites and other h~ritage resources
55. (1) The Council may cause to be erected at suitable places within or on
the boundaries of or near a registered archaeological or palaeontological or meteorite
site notices indicating that the site is a protected place.
(2) The fact that a notice is not erected under subsection (1) does not affect the
liability of any person for a contravention of this Act relating to archaeological or
palaeontological sites or archaeological or palaeontological objects or meteorites.