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National Heritage Resources Act, 1999 (Act No. 25 of 1999)

Chapter I : System for Management of National Heritage Resources

Part 2 : Constitution, function, powers and duties of heritage resources authorities

25. General powers and duties of heritage resources authorities


(a) furnish information, advice and assistance to enhance public sensitivity towards and awareness of the need for management of the national estate;
(b) maintain a list of conservation bodies which have, in accordance with regulations by the heritage resources authority concerned, registered their interest in—
(i) a geographical area; or
(ii) a category of heritage resources;
(c) regularly inspect heritage resources which are formally protected by the heritage resources authority concerned in terms of any provision of Part 1 of Chapter II;
(d) endeavour to assist any community or body of persons with an established interest in any heritage resource to obtain reasonable access to such heritage resource, should they request it, and may for this purpose—
(i) enter into negotiations with the owner of such resource;
(ii) facilitate the making of arrangements as may be required for the achievement of such access, including the execution of a heritage agreement under section 42; and
(iii) if such negotiations are unsuccessful, refer the matter to the Minister or MEC, as the case may be; and
(e) make arrangements to ensure the protection and management of all heritage resources and property owned or controlled by it or vested in it.


(2) A heritage resources authority may—
(a) promote and engage in research relating to the identification, assessment and management of the national estate as necessary for the performance of its functions;
(b) publish, or by any other means make available or distribute in any form, or cause to be published or distributed, any knowledge and information relating to the national estate and any of its functions or activities;
(c) inspect or document any heritage resource—
(i) which has the potential to become protected in terms of this Act;
(ii) which is, or which the heritage authority has reason to believe may be, so protected; or
(iii) which it wishes to document for research purposes, for purposes of building up a public record of heritage resources or as part of an investigation into a suspected offence in terms of this Act,

and must maintain a register of such inspections;

(d) whenever it is investigating the desirability of protecting any place in terms of this Act, take such steps as it considers necessary—
(i) for erecting beacons on the corners of and surveying and preparing a diagram or plan of such place; or
(ii) for determining by survey the location of such place or object in relation to the beacons and boundaries of the land on which it is situated;
(e) undertake or make arrangements for the presentation of any place under its control or, after consultation with the Department concerned, any heritage site which is owned by the State;
(f) by agreement with the authority or body concerned, co-operate in the management of any heritage resource which is owned or controlled by the State or a supported body;
(g) lend anything under its control to a museum or public institution, subject to such conditions as it deems necessary and appropriate;
(h) subject to the provisions of section 59, make and from time to time amend regulations relating to any matter which the heritage authority concerned considers to be necessary or expedient to prescribe to fulfil its functions and implement its powers and duties under this Act, including—
(i) the standards of practice and qualifications required of individuals, institutions or other bodies for the performance of work on heritage resources protected in terms of, and in the various fields covered by, this Act; and
(ii) the monitoring of activities at protected sites;
(i) create and where necessary register with the relevant authorities a badge, or an emblem for the authority, any of its projects or any category of protection provided for in terms of this Act;
(j) where appropriate, affix to or otherwise display at any place protected in terms of this Act a badge or other sign indicating its status;
(k) produce, acquire and market products relating to the national estate, or enter into arrangements for the production, acquisition and marketing of such products;
(l) recover costs incurred by it and, where appropriate, charge for the provision of services rendered in terms of this Act, including but not limited to the—
(i) processing of applications received;
(ii) carrying out of investigations;
(iii) production, acquisition and marketing of products; and
(iv) provision of information;
(m) arrange for the provision of insurance cover for—
(i) itself against any loss, damage, risk or liability which it may suffer or incur regarding any property under its control;
(ii) members of the council of a heritage resources authority, co-opted members, members of committees and members of its staff, in respect of bodily injury, illness, disablement or death incurred wholly and directly in the course of the performance of their duties on behalf of the heritage resources authority concerned;
(n) enter into contracts; and
(o) employ consultants to assist in the performance of its functions.