| (a) |
provisionally protect for a maximum period of two years any— |
| (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be provisionally protected for 30 days from the date of service of a notice under subsection (4) or until the notice is withdrawn or the I resource is provisionally protected by notice in the Gazette or the Provincial Gazette, whichever is the shorter period.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. |
Maintenance Act, 1998
