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

Chapter I : System for Management of National Heritage Resources

Part 1 : General Principles

10. General principles of procedure

 

(1) The general principles of procedure set out in subsection (2) apply to any decision regarding the administration and management of the national estate by an authority to which a responsibility has been assigned in terms of section 7 and any other competent authority to which functions and powers for the administration and management of the national estate have been assigned or delegated, including any decision—
(a) to formally protect a heritage resource by notice in the Gazette or Provincial Gazette;
(b) to issue or not to issue a permit; and
(c) taken by any person or authority to whom an appeal is made.

 

(2) The decisions contemplated in subsection (1) must be taken in accordance with the following general principles:
(a) The decisions must be consistent with the principles or policy set out in section 5 or prescribed under section 6;
(b) a meeting at which decisions are taken, must be open to the public and the agenda and minutes must be available for public scrutiny: Provided that when there is good reason to do so, a matter may, by decision of the majority of members present, be declared confidential and the discussion and minutes may be excepted from public scrutiny;
(c) a person who may be affected by a decision has the right of appearance at such meeting; and
(d) written reasons must be given for any decision upon request.