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


South African Heritage Resources Agency (SAHRA) Permit Regulations

Chapter XI : Procedure for Consultation regarding Burial Grounds and Graves (Section 36(5))

40. Consultation and agreement


(1) The applicant must consult any interested parties identified through the process in regulation 39 regarding the effect of the proposals on the grave or burial ground, with the aim of reaching agreement about the future of such grave or burial ground.


(2) Unless otherwise agreed by the interested parties, the applicant is responsible for the cost of any remedial action required in terms of an agreement under subregulation (1), whether modification of any proposals to retain the grave or burial ground, or excavation and re-interment of any grave, or any other reasonable action required by the interested parties.


(3) If the consultation under subregulation (1) fails to result in agreement, the applicant must submit records of the consultation and the comments of all interested parties as part of the application to the provincial heritage resources authority.