| (1) |
An object or collection of objects, or a type of object or list of objects, whether specific or generic, that is part of the national estate and the export of which SAHRA deems it necessary to control, may be declared a heritage object, including— |
| (e) |
objects of cultural and historical significance; |
| (f) |
objects to which oral traditions are attached and which are associated with living heritage; |
| (g) |
objects of scientific or technological interest; |
| (h) |
books, records, documents, photographic positives and negatives, graphic material, film or video or sound recordings, excluding those that are public records as defined in section 1 (xiv) of the National Archives of South Africa Act, 1996 (Act No. 43 of 1996), or in a provincial law pertaining to records or archives; and |
| (i) |
any other prescribed category. |
| (2) |
For the purposes of this section, an object within a type of objects declared to be a heritage object is deemed to be a heritage object. |
| (3) |
Before declaring any object contemplated in subsection (1) as a heritage object, SAHRA may give to the owner such prior opportunity for representations or submissions to be made in regard to the proposed declaration as may be practicable in the circumstances and in such manner as may be prescribed. Nothing herein contained shall oblige SAHRA to give such prior opportunity if the circumstances militate against this. |
| (a) |
declare an object, or a collection thereof, or a type of object or list of objects, whether specific or generic, to be a heritage object; |
| (b) |
amend any notice published under paragraph (a); or |
| (c) |
withdraw any notice published under paragraph (a) or amended under paragraph (b). |
| (5) |
SAHRA may not exercise its power under subsection (4) unless— |
| (a) |
in the case of a specific object or collection, it has served on the owner a notice of its intention and has given him or her at least 60 days to lodge an objection or suggest reasonable conditions regarding the care and custody of such object under which such declaration is acceptable; or |
| (b) |
in the case of a type of objects, it has— |
| (i) |
published a notice of provisional declaration in the Gazette; |
| (ii) |
by public advertisement and any other means it considers appropriate, made known publicly the effect of the declaration and its purpose; and |
| (iii) |
invited any interested person who might be adversely affected to make submissions to or lodge objections with SAHRA within 60 days from the date of the notice, |
and has considered all such submissions and objections.
| (6) |
An object or collection shall be deemed to be protected as a heritage object for six months from the date of service or publication of a notice under subsection (5)(a) or (5)(b)(i), or until such notice is withdrawn or the object or collection or type of objects is declared to be a heritage object, whichever is the shorter period. |
| (7) |
SAHRA must maintain a register of heritage objects in which all objects, collections of objects and types of objects which have been declared heritage objects must be listed. |
| (a) |
The register shall be in two parts: |
| (i) |
Part I: Heritage objects listed by type. |
| (ii) |
Part II A: Specific heritage objects as listed in the inventory of a public museum in South Africa or otherwise displayed or kept in secure conditions. |
| (iii) |
Part II B: Other specific heritage objects. |
| (b) |
SAHRA may prescribe the further division of the parts of the register into categories or other subdivisions. |
| (8) |
SAHRA must make available to the public, subject to subsection (9), a summary of information contained in the register. |
| (9) |
Where it is necessary to ensure the proper protection of a heritage object which is entered in the register, no information which may identify the location of the object must be accessible to any person except with the express consent of SAHRA, for so long as SAHRA may determine. |
| (10) |
SAHRA may designate any person or any institution in South Africa as an expert examiner for the purposes of this section, on the basis of his, her or its special knowledge. |
| (11) |
SAHRA may provide to the owner or custodian of a heritage object listed in Part II of the register of heritage objects a certificate or badge indicating its status. |
| (12) |
The owner of a heritage object listed in Part II of the register of heritage objects must notify SAHRA of the name and address of the new owner when such object is sold or otherwise alienated and must provide the new owner or custodian with any certificate or badge under subsection (11) relating to such a heritage object. |
| (13) |
No person may destroy, damage, disfigure or alter any heritage object, or disperse any collection which is listed in Part II of the register, without a permit issued by SAHRA. |
| (14) |
SAHRA may make regulations relating to the registration of dealers in heritage objects and the control of trade in heritage objects. |
| (15) |
It is the responsibility of the owner or custodian of a heritage object listed in Part II of the register of heritage objects, to keep the heritage object in good condition and in a secure place. |
| (16) |
The owner or custodian of a heritage object, listed in Part II of the register of heritage objects, must immediately report to SAHRA any loss of or damage to such a heritage object or any part thereof upon discovery of such loss or damage. |
| (17) |
No person may carry out any work of restoration or repair of a heritage object, listed in Part H of the register of heritage objects, without a permit issued by a duly authorised representative of SAHRA. |
| (18) |
On application by the owner or custodian of a heritage object listed in Part II of the register of heritage objects, SAHRA may at its discretion assist in funding any restoration or repair work undertaken by a restoration or repair craftsperson approved by SAHRA. |
| (19) |
No person may export or attempt to export from South Africa any heritage object without a permit issued by SAHRA. |
| (20) |
No heritage object may be removed from South Africa other than through a customs port of entry, and the relevant export permit issued under subsection (19) or certificate of exemption issued under subsection (32) must be produced to a custom officer before removal from South Africa is effected or allowed. |
| (21) |
An application for such an export permit must be made in the manner and contain such information as prescribed by SAHRA. |
| (22) |
On receipt of an application to export a heritage object SAHRA may refer it to one or more expert examiners, who must submit to SAHRA a written report on the application. |
| (23) |
SAHRA must consider the report and— |
| (a) |
issue a permit to export the object concerned, subject to such conditions, if any, as SAHRA considers necessary; or |
| (b) |
refuse to issue a permit. |
| (24) |
In considering an application to export any object of a type listed in Part I of the register of heritage objects permanently, an expert examiner and SAHRA must consider whether the object— |
| (a) |
is of outstanding significance by reason of its close association with South African history or culture, its aesthetic qualities, or its value in the study of the arts or sciences; and |
| (b) |
is of such a degree of national importance that its loss to South Africa would significantly diminish the national heritage, |
and if satisfied that the object fulfils both these criteria, may not recommend the issue of a permit, or issue a permit, as the case may be, to export the object permanently.
| (25) |
In the event of SAHRA refusing to issue an export permit the applicant may, within 30 days after such refusal, by written notice require the compulsory purchase of the heritage object to which such refusal relates. |
| (26) |
On receipt of a notification under subsection (25) SAHRA must— |
| (a) |
if it is of the opinion that a fair offer to purchase the object concerned might be made by a person or public authority in South Africa within the following six months, establish a delay period of not less than two months and not more than six months during which an export permit may not be issued in respect of such object; or |
| (b) |
on its own behalf or on behalf of a public institution or authority in South Africa or a person who will undertake to keep the object in the country, offer to purchase the object either by an immediate cash payment or by payment of compensation in such manner as the Minister in consultation with the Minister of Finance may determine; or |
| (c) |
in any other case, issue a permit to export the object concerned. |
| (27) |
Where SAHRA establishes a delay period under subsection (26)(a) in respect of a heritage object, it— |
| (a) |
must give written notice of the delay period to the applicant, and the Minister; |
| (b) |
must advise such institutions and public authorities in South Africa as it sees fit of the delay period and of the object in respect of which such delay period was established; |
| (c) |
may by public advertisement or any other means it deems appropriate make known the delay period and the object in respect of which it was established; and |
| (d) |
may stipulate that the heritage object concerned is deposited on temporary loan with a specified South African museum or public authority for the duration of the delay period. |
| (29) |
SAHRA, in consultation with the Minister, may extend a delay period established under subsection (26)(a) for a maximum period of two years. |
| (a) |
during a delay period established under subsection (26)(a), an offer to purchase the heritage object concerned is made and the applicant and a public authority or person making such offer cannot agree as to the amount of a fair cash offer; or |
| (b) |
SAHRA and the applicant cannot agree as to the amount of a fair offer or compensation under subsection (26)(b), |
such dispute must be arbitrated by a panel appointed by the Minister, consisting of equal representatives of dealers in heritage objects, museums and collectors of heritage objects, which must determine the amount of a fair cash offer to purchase such heritage object and must notify the parties concerned and SAHRA thereof.
| (30) |
Where a delay period established under subsection (26)(a) expires without a fair offer being made to purchase the heritage object concerned, SAHRA must forthwith on the request of the applicant issue a permit to export such heritage object. |
| (31) |
Where a delay period established under subsection (26)(a) expires and SAHRA is satisfied that a fair offer to purchase the heritage object concerned has been made, SAHRA may not issue a permit to export such heritage object. |
| (32) |
A person who intends to import an object which is of a type listed in Part I of the register of heritage objects, for temporary purposes or in circumstances in which the person may subsequently wish to export the object, may apply to SAHRA for a certificate of exemption authorising the export of the object concerned for the period specified in the certificate. |
Contingency Fees Act, 1997
