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Principles for management of heritage resources
6. (1) SAHRA, after consultation with the Minister, may by notice in the Gazette—
(a) prescribe any principle for heritage resources management in addition to, but
not inconsistent with, the principles set out in section 5;
(b) prescribe any principle as set out in section 5 in greater detail, but not
inconsistent therewith;
(c) publish for general information national policy relating to heritage resources
management or any aspect thereof which is consistent with the principles set
out in section 5 or prescribed under paragraphs (a) and (b),
whereupon such principle or policy must apply throughout the Republic.
(2) A provincial heritage resources authority may, by notice in the Provincial
Gazette—
(a) prescribe any principles for heritage resources management in addition to, but
not inconsistent with, the principles set out in section 5 or prescribed by
SAHRA under subsection (1);
(b) prescribe any principle as set out in section 5 or prescribed by SAHRA under
subsection (1) in greater detail, but not inconsistent therewith; and
(c) publish for general information provincial policy relating to heritage
resources management or any aspect thereof which is consistent with the
principles set out in section 5 or prescribed under subsection (1) or paragraphs
(a) and (b) of this subsection,
whereupon such principle or policy shall apply in the province on the basis set out in
section 5.
(3) A heritage resources authority must, before prescribing any principle or general
policy under subsection (1) or (2)—
(i) make a draft of such principle or policy available to the public; and
(ii) consider any comment on such draft received from any person during a
reasonable period after such publication.
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Heritage assessment criteria and grading
7. (1) SAHRA, in consultation with the Minister and the MEC of every province,
must by regulation establish a system of grading of places and objects which form part
of the national estate, and which distinguishes between at least the categories—
(a) Grade I: Heritage resources with qualities so exceptional that they are of
special national significance;
(b) Grade II: Heritage resources which, although forming part of the national
estate, can be considered to have special qualities which make them
significant within the context of a province or a region; and
(c) Grade III: Other heritage resources worthy of conservation,
and which prescribes heritage resources assessment criteria, consistent with the criteria
set out in section 3(3), which must be used by a heritage resources authority or a local
authority to assess the intrinsic, comparative and contextual significance of a heritage
resource and the relative benefits and costs of its protection, so that the appropriate level
of grading of the resource and the consequent responsibility for its management may be
allocated in terms of section 8.
(2) A heritage resources authority may prescribe detailed heritage assessment criteria,
consistent with the criteria set out in section 3(3), for the assessment of Grade II and
Grade III heritage resources in a province.
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Responsibilities and competence of heritage resources authorities and local
authorities for identification and management of national estate
8. (1) There is a three-tier system for heritage resources management, in which 50
national level functions are the responsibility of SAHRA, provincial level functions are
the responsibility of provincial heritage resources authorities and local level functions
are the responsibility of local authorities. Heritage resources authorities and local
authorities are accountable for their actions and decisions and the performance of
functions under this system.
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