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


Regulations in terms of Section 59

Chapter VI : Appeal to Council against the Decision of a Committee or other Delegated Representative of SAHRA [Section 49(1)]

7. Appeal process


(1) Persons and bodies with a bona fide interest in, or who are affected by, a decision of a committee or other delegated representative of the South African Heritage Resources Agency may appeal to SAHRA Council against such decision.


(2) Such appeal must be made in writing within 14 days of the issuing of the minutes recording the decision and must include a motivation.


(3) The Council must consider an appeal within 21 days.


(4) On receipt of an appeal against a decision to grant an application for a permit, SAHRA shall notify the applicant, whereupon such permit shall be suspended and no action may be taken under authority of such permit until the appeal has been considered and a decision has been made to confirm or withdraw the permit.


(5) The Council may appoint a committee of experts, which must include at least three of its members who were not present when the original decision was made, to consider the appeal. The decision of such committee is final.


(6) In considering an appeal, the Council must have due regard to—
(a) the cultural significance of the heritage resource in question;
(b) the principles set out in section 5 and prescribed under section 6(1) of the Act;
(c) any other relevant factor which is brought to its attention by the appellant, any other person directly affected by the decision, or the delegated representative of SAHRA.