12
(xxxvii) ‘‘provincial heritage resources authority’’, insofar as this Act is applicable in
a province, means an authority established by the MEC under section 23;
(xxxiv)
(xxxviii) ‘‘public monuments and memorials’’ means all monuments and memorials—
(a) erected on land belonging to any branch of central, provincial or local
government, or on land belonging to any organisation funded by or
established in terms of the legislation of such a branch of government; or
(b) which were paid for by public subscription, government funds, or a
public-spirited or military organisation, and are on land belonging to any
private individual; (xxx)
(xxxix) ‘‘reciprocating state’’ means a foreign state that is party to a cultural property
agreement; (xviil)
(xl) ‘‘regulations’’ means regulations made under this Act; (xxxvi)
(xil) ‘‘SAHRA’’ means the South African Heritage Resources Agency, established
in terms of section 11; (xxxvii)
(xiil) ‘‘site’’ means any area of land, including land covered by water, and including
any structures or objects thereon; (xiil)
(xiiil) ‘‘State’’ includes a province; (xxxix)
(xivl) ‘‘structure’’ means any building, works, device or other facility made by
people and which is fixed to land, and includes any fixtures, fittings and
equipment associated therewith; (xil)
(xvl) ‘‘supported body’’ means a body funded or financially supported by the State,
and includes State-owned enterprises; (xxvii)
(xvil) ‘‘this Act’’ includes the regulations; (xviii)
(xviil) ‘‘victims of conflict’’ means—
(a) certain persons who died in any area now included in the Republic as a
direct result of any war or conflict as specified in the regulations, but
excluding victims of conflict covered by the Commonwealth War Graves
Act, 1992 (Act No. 8 of 1992);
(b) members of the forces of Great Britain and the former British Empire
who died in active service in any area now included in the Republic prior
to 4 August 1914;
(c) persons who, during the Anglo-Boer War (1899-1902) were removed as
prisoners of war from any place now included in the Republic to any
place outside South Africa and who died there; and
(d) certain categories of persons who died in the ‘‘liberation struggle’’ as
defined in the regulations, and in areas included in the Republic as well
as outside the Republic; (xxxviii)
(xviiil) ‘‘wreck’’ has the meaning given under the definition of ‘‘archaeological’’ in
this section. (xviiil)
5
10
15
20
25
30
35
40
CHAPTER I
SYSTEM FOR MANAGEMENT OF NATIONAL HERITAGE RESOURCES
Part 1: General Principles
National estate
3. (1) For the purposes of this Act, those heritage resources of South Africa which are 45
of cultural significance or other special value for the present community and for future
generations must be considered part of the national estate and fall within the sphere of
operations of heritage resources authorities.
(2) Without limiting the generality of subsection (1), the national estate may
include—
50
(a) places, buildings, structures and equipment of cultural significance;
(b) places to which oral traditions are attached or which are associated with living
heritage;
(c) historical settlements and townscapes;
(d) landscapes and natural features of cultural significance;
55