| (1) |
All branches of the State and supported bodies must give heritage resources authorities such assistance in the performance of their functions as is reasonably practicable. |
| (2) |
All branches of the State and supported bodies must, on the request of a heritage resources authority, make available for its use and incorporation into its data base any information which it has on record on heritage resources under its control: Provided that the body supplying such information may set out conditions regarding the disclosure and distribution of such information by the heritage resources authority. |
| (a) |
maintain and conserve the heritage resources under its control in accordance with standards and procedures set out in regulations by SAHRA in consultation with the Department of Public Works; |
| (b) |
submit annually to SAHRA a report on the maintenance and development of such resources; |
| (c) |
in accordance with regulations, on the request of the Minister, or within 10 years from the commencement of this Act, compile and submit to SAHRA, information on and an inventory of such heritage resources; |
| (d) |
on the request of the Minister and in accordance with regulations, prepare management plans for specified heritage resources; |
| (e) |
not take any action that adversely affects such a resource unless the authority concerned is satisfied that there is no feasible and prudent alternative to the taking of that action and that all measures that can reasonably be taken to minimise the adverse effect will be taken; |
| (f) |
at the initiation of the planning process of the project, or at least 90 days before taking any action that could adversely affect such heritage resource, whichever is the greater, inform SAHRA of the proposed action and give them a reasonable opportunity to consider and where the destruction of such heritage resources is permitted in terms of this Act, record such resources in accordance with standards set by SAHRA and undertake any other mitigating actions which may be required by SAHRA. |
| (4) |
Where SAHRA has been informed of a proposed action by a State Department or supported body, it must, as soon as practicable, submit its comments to the Department or supported body. |
| (5) |
An action for the purpose of this section shall be deemed to include the making of a recommendation which, if adopted, would affect a heritage resource, the making of a decision, the approval of a programme, the issue of a licence or the granting of a permission. |
| (6) |
Compliance with subsection (3) does not exempt a State Department or supported body from complying with requirements in terms of this Act, regarding any heritage resource in its ownership which is protected in terms of this Act or equivalent provincial legislation. |
| (7) |
The head of a government body at the national level of government must— |
| (a) |
inform SAHRA of his or her intention to destroy or delete any architectural or technical drawings in whatever medium, as may be defined in the regulations published by SAHRA in consultation with the National Archivist; and |
| (b) |
make such drawings available to SAHRA free of charge if requested by SAHRA. |
| (8) |
The head of a government body at the provincial or local level of government must— |
| (b) |
make such drawings available to a heritage resources authority free of charge. |
| (9) |
The Registrar of Deeds must inform SAHRA or the relevant heritage resources authority, in a notice as prescribed, of the particulars of the registration of transfer or subdivision of any place which is formally protected by such heritage resources authority in terms of Part 1 of Chapter 2 of this Act, within 14 days of such registration. |
| (a) |
a place has been declared a national heritage site or a provincial heritage site under section 27; |
| (b) |
a place has been designated a protected area under section 28; |
| (c) |
a place has been provisionally protected for a period longer than six months under section 29; |
| (e) |
a place has been included in a heritage area under section 31; |
| (g) |
an order of no development under section 51(8) has been made in respect of a place, |
the heritage resources authority concerned must furnish the Surveyor-General and the Registrar of Deeds in whose deeds registry the land in question is registered with—
| (i) |
a copy of the notice in the Gazette or the Provincial Gazette; |
| (ii) |
the particulars of the protection; |
| (iii) |
a copy of any survey, including any diagram or plan, made under section 25(2)(d); and |
| (iv) |
a copy of the relevant order of no development or of a heritage agreement. |
| (11) |
The Registrar of Deeds must— |
| (a) |
endorse the title deed of the place in question filed in the deeds office; |
| (b) |
make an entry in the appropriate registers and upon the owner’s title deed as soon as it is lodged in the deeds office, relating to the particulars furnished in terms of subsection (10); |
| (c) |
identify the area of the protected place; and |
| (d) |
clearly state the particulars of the protection order or heritage agreement. |
| (12) |
The Surveyor-General must— |
| (a) |
endorse upon the relevant records filed in his or her office an entry referring to the notice furnished in terms of subsection (10); and |
| (b) |
state the particulars of the protection order or heritage agreement in broad terms. |
| (i) |
any notice is amended or withdrawn under section 27(7); |
| (ii) |
the designation of a protected area is withdrawn under section 28(1) or (2); |
| (iii) |
a provisional protection for a period longer than six months is withdrawn under section 29(1)(b) or (2)(b); |
| (iv) |
an entry in a heritage register is amended or deleted; |
| (v) |
a place is excluded from a heritage area; or |
| (vi) |
an order of no development is amended or repealed under section 51(11), |
the heritage resources authority concerned must furnish a copy of the notice or order to the Registrar of Deeds and the Surveyor-General.
| (b) |
The Registrar of Deeds must make the necessary endorsement upon the relevant title deeds and in the appropriate registers. |
| (c) |
The Surveyor-General must make the necessary endorsement upon the relevant records filed in his or her office. |
South African Institute for Drug Free Sport Act, 1997
