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

Chapter II : Protection and Management of Heritage Resources

Part 1 : Formal protections

29. Provisional Protection

 

(1) SAHRA, or a provincial heritage resources authority, may, subject to subsection (4), by notice in the Gazette or the Provincial Gazette, as the case may be—
(a) provisionally protect for a maximum period of two years any—
(i) protected area;
(ii) heritage resource, the conservation of which it considers to be threatened and which threat it believes can be alleviated by negotiation and consultation; or
(iii) heritage resource, the protection of which SAHRA or the provincial heritage resources authority wishes to investigate in terms of this Act; and
(b) withdraw any notice published under paragraph (a).

 

(2) A local authority may, subject to subsection (4), by notice in the Provincial Gazette
(a) provisionally protect for a maximum period of three months any place which it considers to be conservation-worthy, the conservation of which the local authority considers to be threatened and which threat it believes can be alleviated by negotiation and consultation; and
(b) withdraw any notice published under paragraph (a):

Provided that it notifies the provincial heritage resources authority within seven days of such provisional protection.

 

(3) A provincial heritage resources authority may, by notice in the Provincial Gazette, revoke a provisional protection by a local authority under subsection (2) or provisionally protect a place concerned in accordance with subsection (1).

 

(4) A heritage resources authority or a local authority may not provisionally protect any heritage resource unless it has notified the owner of the resource in writing of the proposed provisional protection.

 

(5) A heritage resource shall be deemed to be provisionally protected for 30 days from the date of service of a notice under subsection (4) or until the notice is withdrawn or the I resource is provisionally protected by notice in the Gazette or the Provincial Gazette, whichever is the shorter period.

 

(6) A heritage authority or a local authority may at any time withdraw a notice which it has issued under subsection (4).

 

(7) SAHRA shall inform the relevant provincial heritage authority and local authority within 30 days of the publication or withdrawal of a notice under subsection (1).

 

(8) A provincial heritage resources authority shall inform the relevant local authority within 30 days of the publication or withdrawal of a notice under subsection (1).

 

(9) A local authority shall inform the provincial heritage authority of the withdrawal of a notice under subsection (2)(b).

 

(10) person may damage, deface, excavate, alter, remove from its original position, subdivide or change the planning status of a provisionally protected place or object without a permit issued by a heritage resources authority or local authority responsible for the provisional protection.