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World Heritage Convention Act, 1999 (Act No. 49 of 1999)

Chapter I : Definitions, Objectives, Principles and Implementation

1. Definitions

 

In this Act, unless inconsistent with the context—

 

"Authority"

means an existing Authority which is declared as an Authority in terms of section 8 or an Authority which is established in terms of section 9;

 

"Board"

means the Board referred to in section 14;

 

"Convention"

as well as ‘‘World Heritage Convention’’, means the Convention Concerning the Protection of the World Cultural and Natural Heritage, adopted by the General Conference of United Nations Education, Scientific and Cultural Organization (Unesco) on 16 November 1972 and ratified by the Republic on 10 July 1997, a copy of which is set out in the Schedule;

 

"cultural heritage"

has the meaning given to it in Article 1 of the Convention;

 

"Department"

means the Department of Environmental Affairs and Tourism;

 

"ecosystem"

has the meaning given to it in section 1 of the National Environmental Management Act, 1998 (Act No. 107 of 1998);

 

"environment"

has the meaning given to it in section 1 of the National Environmental Management Act, 1998;

 

"establishment date"

means the date determined by the Minister in terms of section 8 or 9;

 

"Executive Staff Component"

has the meaning given to it in Chapter III;

 

"historically disadvantaged persons"

means persons or categories of persons that were unfairly discriminated against on the basis of past legislation, policies, prejudice and stereotypes;

 

"integrated management plans"

has the meaning given to it in Chapter IV;

 

"MEC"

means the Member of the Executive Council responsible for environmental, cultural or heritage affairs, as the case may be, in the province concerned;

 

"Minister"

means the Minister of Environmental Affairs and Tourism;

 

"natural heritage"

has the meaning given to it in Article 2 of the Convention;

 

"Operational Guidelines"

means the operational guidelines for the implementation of the Convention prepared by the World Heritage Committee;

 

"pollution"

has the meaning given to it in section 1 of the National Environmental Management Act, 1998;

 

"prescribe"

means prescribed by regulation in terms of this Act;

 

"regulation"

means a regulation made in terms of this Act;

 

"sustainable development"

has the meaning given to it in section 4(2) of this Act;

 

"this Act"

includes the Convention, regulations and any notice issued under this Act;

 

"World Heritage Committee"

means the World Heritage Committee established in terms of Article 8 of the Convention;

 

"World Heritage Fund"

means the World Heritage Fund established in terms of Article 15(1) of the Convention;

 

"World Heritage List"

means the World Heritage List established in terms of Article 11(2) of the Convention;

 

"World Heritage Site"

means any place in the Republic which—

(a) has been included on—
(i) the World Heritage List; or
(ii) the tentative list of the Republic referred to in Article 121(a)(i) of the Operational Guidelines, and is proclaimed by the Minister by notice in the Gazette to be a World Heritage Site; or
(b) has been proclaimed by the Minister by notice in the Gazette to be a special heritage site for management in accordance with this Act as if that site qualified under paragraph (a)—
(i) after consultation with the Minister affected by such a proclamation;
(ii) if applicable, after consultation with the relevant MEC; and
(iii) subject to a resolution of Parliament,

but such a special heritage site cannot be referred to as a World Heritage Site.