Government Gazette 29 December 2004
No.3361
Act No. 27, 2004
35
NATIONAL HERITAGE ACT, 2004
(7)
A heritage inspector may at any time inspect work being done under a permit
or consent issucd in terms of this Act and may for that purpose at all reasonable times
enter any place protectcd in terms of this Act.
(8)
If a heritage inspector has reasonable grounds to suspect that an offence in
terms of this Act has been, is being, or is about to be committed, the heritage inspector
may, with such assistance as he or she thinks necessary
(a)
enter and search any place or premises, other than a private dwelling, or
any vehicle, vessel or craft, and for that purpose stop and detain any vehicle,
vessel or craft, in or on which the heritage inspector believes, on reasonable
grounds, there is evidence related to that offence;
(b)
confiscate and detain any heritage resource or evidence concerned with the
commission of the offence; and
(c)
take any action reasonably necessary to prevent the commission of an offence
in terms of this Act.
(9) A heritage inspector may, if there is reason to believe that any work is being
done or any action is being taken in contravention of this Act or the conditions of a
permit or consent issued in terms of this Act, order the immediate cessation of such work
or action pending any further order from the Council.
(10) A heritage inspector may require any person who he or she has reason to
believe has committed an offence in terms of this Act to supply his or her name and
address and reasonable evidence of his or her identity, and may arrest a person who
refuses to comply with that requirement.
Appeals
61.
(1)
(a)
a refusal of the Council to accept a nomination under section 29;
(b)
a refusal of the Council to grant a permit or any consent under this Act;
(c)
a condition imposed by the Council in relation to any permit or consent
under this Act;
(d)
a decision of the Council in relation to an appeal under subsection (2); or
(e)
or any order issued or prohibition imposed or any other decision which
affects any real and substantial interest of the person in a protected place or
protected object or a place or object which may be of heritage significance,
A person who is aggrieved by
may appeal against the decision of the Council to the Minister in the prescribed manner.
(2)
A person who is aggrieved by a decision of a local authority with delegated
authority under section 53 in relation to an application for consent in respect of a listed
building, may appeal against that decision to the Council in the prescribed manner, who
may confirm or refuse the appeal.
(3)
In determining an appeal under subsection (1), the Minister may
(a)
confirm the Council's decision;
(b)
refer the matter back to the Council for reconsideration
any directions the Minister may give; or
in accordance with