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

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provisionally protected for 30 days from the date of service of a notice under subsection (4) or until the notice is withdrawn or the I resource is provisionally protected by notice in the Gazette or the Provincial Gazette, whichever is the shorter period.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