Abolition of Juries Act, 1969
R 385.00
National Heritage Resources Act, 1999 (Act No. 25 of 1999)Chapter II : Protection and Management of Heritage ResourcesPart 1 : Formal protections27. National heritage sites and provincial heritage sites |
| (1) | SAHRA must identify those places with qualities so exceptional that they are of special national significance in terms of the heritage assessment criteria set out in section 3(2) and prescribed under section 6(1) and (2), and must investigate the desirability of their declaration as national heritage sites. |
| (2) | A provincial heritage resources authority must identify those places which have special qualities which make them significant in the context of the province or a region in terms of the heritage assessment criteria set out in section 3(2) and prescribed under section 6(1) and (2) and must investigate the desirability of their declaration as provincial heritage sites. |
| (3) | Any person may submit a nomination to SAHRA for a place to be declared a national heritage site or to the provincial heritage resources authority for a place to be declared a provincial heritage site. The heritage resources authority concerned may prescribe the format and procedures for such nominations. |
| (4) | A written motivation for the declaration of a place as a heritage site must be prepared and kept on record by the heritage resources authority. |
| (5) | SAHRA may, by notice in the Gazette, declare any place referred to in subsection (1) to be a national heritage site. |
| (6) | A provincial heritage resources authority may, by notice in the Provincial Gazette, declare any place referred to in subsection (2) and described in the notice to be a provincial heritage site. |
| (7) | The heritage resources authority concerned may, by similar notice— |
| (a) | amend any notice published under subsection (5) or (6); or |
| (b) | withdraw any notice published under subsection (5) or (6) or paragraph (a) of this subsection. |
| (8) | Before declaration of a place as a heritage site, or amendment or withdrawal of a notice under subsection (7), the heritage resources authority— |
| (a) | must notify the owner; |
| (b) | must notify the mortgage holder, the occupier and any other person with a registered interest in the property; |
| (c) | must notify all conservation bodies which have, in terms of section 25(1)(b), registered their interest in the geographical area in which the proposed heritage site is situated, and give them at least 60 days to make submissions regarding the proposed declaration, amendment or withdrawal, and in the case of the owner, to propose conditions under which the action will be acceptable. All submissions must be considered by the heritage resources authority before a final decision is made; and |
| (d) | before notifying the owner as provided in paragraph (a), must give to the owner reasonable opportunity for representations or submissions to be made in regard to the proposed notification. |
| (9) | A heritage resources authority may at any time withdraw a notice which it has served in terms of subsection (8)(a). |
| (10) | For the purposes of subsections (15) to (22), a place shall be deemed to be protected as a heritage site for six months from the date of service of a notice under subsection (8)(a) or until the notice is withdrawn or the place is declared to be a heritage site, whichever is the shorter period. |
| (11) | Subject to subsection (12), if the owner objects to the proposed declaration of a place or proposes conditions which the heritage resources authority reasonably considers to be unacceptable, the heritage resources authority may, prior to the expiry of the notice in terms of subsection (10), renew a notice under subsection (8)(a), whereupon the protection under subsection (10) shall be extended for a further six months. If during this time consultation between the heritage resources authority and the owner fails to lead to the withdrawal of the owner’s objection or the proposal of acceptable conditions, the heritage resources authority may declare the place to be a heritage site. |
| (12) | The Minister, on the advice of SAHRA, must prescribe circumstances in which the State, a local authority or a supported body may object to the declaration as a heritage site of a place which it owns or controls. |
| (13) | SAHRA must inform the provincial heritage resources authority, the provincial planning authority and the local authority within whose area of jurisdiction a national heritage site falls, within 30 days of its declaration. |
| (14) | A provincial heritage resources authority must inform SAHRA, the provincial planning authority and the local authority within whose area of jurisdiction a provincial heritage site falls, within 30 days of its declaration. |
| (15) | SAHRA is responsible for the protection of national heritage sites in accordance with the provisions of this section. |
| (16) | A provincial heritage resources authority is responsible for the protection of provincial heritage sites in accordance with the provisions of this section. |
| (17) | Except in cases where the heritage resources authority considers it inappropriate, all heritage sites must be marked with a badge indicating their status. |
| (18) | No person may destroy, damage, deface, excavate, alter, remove from its original position, subdivide or change the planning status of any heritage site without a permit issued by the heritage resources authority responsible for the protection of such site. |
| (19) | The responsible heritage resources authority may make regulations pertaining to heritage sites under its control, or to any other heritage site with the consent of the owner of that site— |
| (a) | safeguarding heritage sites from destruction, damage, disfigurement, excavation or alteration; |
| (b) | regulating the conditions of use of any heritage site or the conditions for any development thereof; |
| (c) | regulating the admission of members of the public to a heritage site, and the fees payable for such admission. |
| (20) | Any branch of the State or supported body which is the owner of a heritage site must maintain such site according to a minimum standard and according to a procedure prescribed by the responsible heritage resources authority after consultation with the relevant Departments of Works. |
| (21) | The responsible heritage resources authority may, by agreement with the owner of a heritage site— |
| (a) | conserve or improve any heritage site; |
| (b) | construct fences, walls or gates around or on a heritage site; |
| (c) | acquire or construct and maintain an access road to a heritage site over any land, and construct upon such land fences, walls or gates; or |
| (d) | erect signs on or near a heritage site. |
| (22) | No person may damage any fence, wall or gate constructed or sign erected by a heritage resources authority in terms of subsection (21). |
| (23) |
| (a) | All reproduction rights either in two or three dimensions in respect of a heritage site, subject to any existing rights and the agreement of the owner of such site, belong to the State and vest in the heritage resources authority responsible for the protection of such site or, by agreement, with the authority or public institution responsible for the management of such site. |
| (b) | Subject to the provisions of paragraph (a), no person other than the owner of the site may make such reproduction for profit without a permit issued by SAHRA or a provincial heritage resources authority, as the case may be, which may prescribe the fees payable in respect of such reproduction and must deposit such fees in a trust fund dedicated to the conservation of such site or of heritage resources in general. |
