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(e) geological sites of scientific or cultural importance;
(f) archaeological and palaeontological sites;
(g) graves and burial grounds, including—
(i) ancestral graves;
(ii) royal graves and graves of traditional leaders;
(iii) graves of victims of conflict;
(iv) graves of individuals designated by the Minister by notice in the Gazette;
(v) historical graves and cemeteries; and
(vi) other human remains which are not covered in terms of the Human
Tissue Act, 1983 (Act No. 65 of 1983);
(h) sites of significance relating to the history of slavery in South Africa;
(i) movable objects, including—
(i) objects recovered from the soil or waters of South Africa, including
archaeological and palaeontological objects and material, meteorites and
rare geological specimens;
(ii) objects to which oral traditions are attached or which are associated with
living heritage;
(iii) ethnographic art and objects;
(iv) military objects;
(v) objects of decorative or fine art;
(vi) objects of scientific or technological interest; and
(vii) books, records, documents, photographic positives and negatives,
graphic, film or video material or sound recordings, excluding those that
are public records as defined in section 1(xiv) of the National Archives of
South Africa Act, 1996 (Act No. 43 of 1996).
(3) Without limiting the generality of subsections (1) and (2), a place or object is to be
considered part of the national estate if it has cultural significance or other special value
because of—
(a) its importance in the community, or pattern of South Africa’s history;
(b) its possession of uncommon, rare or endangered aspects of South Africa’s
natural or cultural heritage;
(c) its potential to yield information that will contribute to an understanding of
South Africa’s natural or cultural heritage;
(d) its importance in demonstrating the principal characteristics of a particular
class of South Africa’s natural or cultural places or objects;
(e) its importance in exhibiting particular aesthetic characteristics valued by a
community or cultural group;
(f) its importance in demonstrating a high degree of creative or technical
achievement at a particular period;
(g) its strong or special association with a particular community or cultural group
for social, cultural or spiritual reasons;
(h) its strong or special association with the life or work of a person, group or
organisation of importance in the history of South Africa; and
(i) sites of significance relating to the history of slavery in South Africa.
Application
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4. This Chapter establishes the national system for the management of heritage
resources which it applies throughout the Republic and—
(a) also applies to the actions of the State and a local authority;
(b) serves as guidelines by reference to which any heritage resources authority,
whether established in terms of this Act or any other law, and any other 50
competent authority must exercise any discretion or take any decision in terms
of this Act or any other law dealing with heritage resources management;
(c) serves as the general framework with which—
(i) any heritage resources authority must perform its functions and make
recommendations; and
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