Acts Online
GT Shield

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


South African Heritage Resources Agency (SAHRA) Permit Regulations

Chapter XII : Discovery of Previously Unknown Graves (Section 36(6))

42. Investigation


(1) As soon as possible after notification of the discovery of the grave, the provincial heritage resources authority or its delegated representative must, in cooperation with the South African Police Service, inspect such grave and decide whether or not there is reason to believe—
(a) that the grave is likely to be older than 60 years or otherwise protected in terms of the Act; and
(b) that any further graves exist in the vicinity.


(2) If it is decided that the grave is likely to be so protected, no activity referred to in regulation 41(1) may be resumed in the immediate vicinity of such grave or in the area in which additional graves are likely to be found, unless an investigation is undertaken by a person and in a manner approved by the provincial heritage resources authority to establish the facts of the matter.


(3) If the investigation in regulation 42(2) confirms that any grave is protected, the Act and the provisions in regulations 38, 39 and 40 shall apply in respect of any person who intends to disturb such grave: provided that the heritage resources authority may at its discretion modify such provisions in order to expedite the satisfactory resolution of the matter.