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

Chapter II : Protection and Management of Heritage Resources

Part 3 : Management

46. Expropriation

 

(1) The Minister may, on the advice of SAHRA and after consultation with the Minister of Finance, purchase or, subject to compensation, expropriate any property for conservation or any other purpose under this Act if that purpose is a public purpose or is in the public interest.

 

(2) The Expropriation Act, 1975 (Act No. 63 of 1975), applies to all expropriations under this Act, and any reference to the Minister of Public Works in that Act must be read as a reference to the Minister for the purposes of such expropriation.

 

(3) Notwithstanding the provisions of subsection (2), the amount of compensation and the time and manner of payment must be determined in accordance with section 25(3) of the Constitution, and the owner of the property in question must be given a hearing before any property is expropriated.