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National Heritage Resources Act, 1999 (ActNo. 25 of 1999)

Chapter III : General Provisions

Part 1 : Enforcement, appeals, offences and penalties

48. Permits


(1) A heritage resources authority may prescribe the manner in which an application is made to it for any permit in terms of this Act and other requirements for permit applications, including—
(a) any particulars or information to be furnished in the application and any documents, drawings, plans, photographs and fees which should accompany the application;
(b) minimum qualifications and standards of practice required of persons making application for a permit to perform specified actions in relation to particular categories of protected heritage resources;
(c) standards and conditions for the excavation and curation of archaeological and palaeontological objects and material and meteorites recovered by authority of a permit;
(d) the conditions under which, before a permit is issued, a financial deposit must be lodged and held in trust for the duration of the permit or such period as the heritage resources authority may specify, and conditions of forfeiture of such deposit;
(e) conditions for the temporary export and return of objects protected under section 32 or section 35;
(f) the submission of reports on work done under authority of a permit; and
(g) the responsibilities of the heritage resources authority regarding monitoring of work done under authority of a permit.


(2) On application by any person in the manner prescribed under subsection (1), a heritage resources authority may in its discretion issue to such person a permit to perform such actions at such time and subject to such terms, conditions and restrictions or directions as may be specified in the permit, including a condition—
(a) that the applicant give security in such form and such amount determined by the heritage resources authority concerned, having regard to the nature and extent of the work referred to in the permit, to ensure the satisfactory completion of such work or the curation of objects and material recovered during the course of the work; or
(b) providing for the recycling or deposit in a materials bank of historical building materials; or
(c) stipulating that design proposals be revised; or
(d) regarding the qualifications and expertise required to perform the actions for which the permit is issued.


(3) A heritage resources authority may at its discretion, in respect of any heritage resource protected by it in terms of the provisions of Chapter II, by notice in the Gazette or the Provincial Gazette, as the case may be, grant an exemption from the requirement to obtain a permit from it for such activities or class of activities by such persons or class of persons in such circumstances as are specified in the notice.