Government Gazette 29 December 2004
32
Act No. 27, 2004
No.3361
NATIONAL HERITAGE ACT, 2004
(a)
in the case of an individual, until the person's death; or
(b)
in the case of a body corporate or trust or an association of persons, until the
date determined by the Minister by notice in the Gazette,
provided the person or a representative ofthe body corporate, trust or association, at the
request of the Council, signs a written undertaking as determined by the Council to take
the measures as the Council may require for the protection and safe-keeping of the item
and not to part with the possession thereof, except to the Councilor any person or
institution specified by the Council.
(4) Arrangements for the transfer of an item in the circumstances contemplated
in subsection (3), must be made, in the case of a deceased person, between his or her
executors and the Council, and in any other case between the representative ofthe body
corporate, trust or association.
(5)
A person referred to in subsection (3) who fails to comply with a written
demand of the Council to rectify any breach of a condition of an undertaking referred to
in that subsection within the period specified by the Council must, on the written direction
of the Council, deliver the item to the Councilor any person or institution specified by
the Council.
Historic shipwrecks and shipwreck objects
57. (1) The remains of all ships that have been situated on the coast or in the
territorial waters or the contiguous zone of Namibia for 35 years or more are historic
shipwrecks for the purposes of this section.
(2)
All articles that have been situated on the coast or in the territorial waters or
the contiguous zone of Namibia for 35 years or more and that were associated with ships
are historic shipwreck objects for the purposes of this section.
(3)
The Minister may, by notice in the Gazette, declare that
(a)
subsection (1) does not apply to the remains, or part of the remains, of a
particular ship or class of ships; or
(b)
subsection (2) does not apply to any specified article or class of articles.
(4)
If the Council proposes to recommend to the Minister
(a)
under section 28, that
(b)
(i)
a place where the remains of a ship are located be declared a protected
place; or
(ii)
an article associated with a ship be declared a protected object; or
under section 41 that a provisional protection order be made in relation to a
place where an article or articles appearing to be the remains of a ship are
located.
the Council must obtain and submit to the Minister, together with the Council's report
and recommendation, any comments or advice which the Minister responsible for fisheries
and marine resources may wish to make or give in relation to the proposed declaration.
Site management
58.
(1)
The Council must progressively
introduce and maintain