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Customs and Excise Act, 1964 (Act No. 91 of 1964)

Customs and Excise Rules

Chapter VIII : Registration, Licensing and Accredited Clients

Rules for Section 64C of the Act

Licence to search wreck or to search for wreck

 

64C.01 Application for a licence to search wreck or to search for wreck shall be made to the Commissioner in accordance with rule 60.01A(b).

[Rule 64C.01 substituted by section 49 of Notice No. R.393, GG44506, dated 30 April 2021 - effective 23 April 2021]

 

64C.02 Any licence issued to search wreck or search for wreck shall—
(a) not be transferable;
(b) expire on the 31st day of December unless it is renewed on or before such date;
(c) be subject to the rights of any other person to whom a similar licence has been or may be issued;
(d) not limit the holder of such licence to any particular wreck or confine his searching activities to any particular section of the coast;
(e) only cover wrecks which have been abandoned;
(f) preclude any licensee from working wrecks where other licensed parties are still exercising their salvage rights. The obligation to ascertain whether a wreck has been abandoned or the rights of such parties will be infringed by working a wreck shall rest with the licensee;
(g) be subject to such general or special conditions, including conditions relating to payment of duty, as may be specified in any such licence; and
(h) be subject thereto that the licensee may not disturb or remove any wreck older than 50 years without a permit from the National Monuments Council.

 

64C.03 Any application for renewal of an existing licence shall be made before expiry thereof and shall include a full report on activities during the current year and details of anticipated activities during the following year.

 

64C.04 Unless searching operations are commenced three months from the date of issue of the licence or if the licensee fails to comply with any of the conditions stated on such licence the licence may be cancelled or suspended in terms of section 60(2)(b) of the Act.

[Rule 64C.04 substituted by section 69 of Notice No. R.473, GG43245, dated 24 April 2020].