National Heritage Resources Act, 1999 (Act No. 25 of 1999)Chapter II : Protection and Management of Heritage ResourcesPart 1 : Formal protections28. Protected areas |
| (1) | SAHRA may, with the consent of the owner of an area, by notice in the Gazette designate as a protected area— |
| (a) | such area of land surrounding a national heritage site as is reasonably necessary to ensure the protection and reasonable enjoyment of such site, or to protect the view of and from such site; or |
| (b) | such area of land surrounding any wreck as is reasonably necessary to ensure its protection; or |
| (c) | such area of land covered by a mine dump. |
| (2) | A provincial heritage resources authority may, with the consent of the owner of an area, by notice in the Provincial Gazette designate as a protected area— |
| (a) | such area of land surrounding a provincial heritage site as is reasonably necessary to ensure the protection and reasonable enjoyment of such site, or to protect the view of and from such site; or |
| (b) | such area of land surrounding any archaeological or palaeontological site or meteorite as is reasonably necessary to ensure its protection. |
| (3) | No person may damage, disfigure, alter, subdivide or in any other way develop any part of a protected area unless, at least 60 days prior to the initiation of such changes, he or she has consulted the heritage resources authority which designated such area in accordance with a procedure prescribed by that authority. |
| (4) | With regard to an area of land covered by a mine dump referred to in subsection (1)(c) SAHRA must make regulations providing for the protection of such areas as are seen to be of national importance in consultation with the owner, the Minister of Minerals and Energy and interested and affected parties within the mining community. |
| (5) | A heritage resources authority may make regulations providing for specific protections for any protected area which it has designated, including the prohibition or control of specified activities by any person in the designated area. |
| (6) | A local authority may, with the agreement of the heritage resources authority which designated a protected area, make provision in its town planning scheme or in by-laws for the management of such area. |