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South Africa
 KWAZULU-NATAL PROVINCIAL LEGISLATION OVERVIEWS
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KwaZulu-Natal Amafa and Research Institute Act, No. 5 of 2018

Long title


To recognise the establishment of the KwaZulu -Natal Amafa and Research Institute as the provincial heritage resources authority for the Province in terms of section 23 of the National Heritage Resources Act, 1999; to amalgamate Amafa aKwaZulu-Natali established in terms of the KwaZulu -Natal Heritage Act, 2008, and the Chief Directorate: Heritage within the Office of the Premier, KwaZulu -Natal, within the Kwazulu -Natal Amata and Research Institute; to identify, conserve, protect, manage and administer heritage resources and to conduct both basic and applied research to generate relevant knowledge and contribute solutions to challenges within the field of heritage in the Province; to determine the objects, powers, duties and functions of the Institute; to determine the manner in which the Institute is to be managed, governed, staffed and financed; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
PREAMBLE

CHAPTER 1. DEFINITIONS
1. Definitions
CHAPTER 2. APPLICATION OF ACT
2. Application of Act
CHAPTER 3. GENERAL PRINCIPLES PERTAINING TO HERITAGE RESOURCES AND ROLE OF RESPONSIBLE MEMBER OF EXECUTIVE COUNCIL IN HERITAGE MATTERS
3. General principles pertaining to heritage resources
4. Roles of responsible Member of Executive Council in research and heritage matters
5. Establishment of KwaZulu -Natal Amafa and Research Institute
6. Objects of Institute
7. Powers, duties and functions of Institute
8. Annual report and financial statements
9. Constitution and composition of Council of Institute
10. Term of office of member of Council
11. Nominations for membership of Council
12. Declaration of financial or other interests by nominees to Council
13. Failure of member of Council to declare financial or other interests
14. Recusal of member of Council
15. Vacancies, removal and resignation from office of members of Council
16. Meetings of Council
17. Committees of Council
18. Administrative and secretarial work of Council
19. Remuneration of members of Council and reimbursement of expenses incurred by members of Council and committees of Council
CHAPTER 5 HEAD OF SECRETARIAT AND ADMINISTRATION AND STAFF OF INSTITUTE
20. Head of Secterariat and Administration
21. Functions of Head of Sectretariate and Administraiton
22. Appointment and management of staff of institute 
23. Secondment or transfer of staff to Institute
CHAPTER 6 FUNDING AND MANAGEMENT OF INSTITUTE
24. Funds of Institute
25. Financial management and reporting
26. Immovable property
27. Legal proceedings against Council and Institute
28. Security of confidential information held by Council and Institute
29. Use of name of Council and Institute
CHAPTER 7 AMAFA AND RESEARCH FORUM
30. Establishment of Amafa and Research Forum
31. Objects of Amafa and Research Forum
32. Composition and membership of Amafa and Research Forum
33. Meetings of Amafa and Research Forum
34. Advice and recommendations by Amafa and Research Forum
35. Rights and obligations of members of Amafa and Research Forum
36. Frequency of, and procedure at, meetings of Amafa and Research Forum
CHAPTER 8 GENERAL PROTECTION OF HERITAGE RESOURCES
37. General protection: Structures
38. General protection: Graves of victims of conflict
39. General protection: Informal and private burial grounds
40. General protection: Battlefield sites, archaeological sites, rock art sites, palaeontological sites, historic fortifications, meteorite or meteorite impact sites
41. Heritage resources management
CHAPTER 9 SPECIAL PROTECTION OF HERITAGE RESOURCES
42. Protected areas
43. Schedule of specially protected heritage resources
44. Special protection: Heritage Landmark status
45. Special protection: Provincial Landmark status
46. Special protection: Graves of members of Royal Family
47. Special protection: Battlefields, public monuments and memorials
48. Register of Heritage Sites
49. Special protection: Heritage Object status
50. Register of Heritage Objects
CHAPTER 10. HERITAGE RESOURCES MANAGEMENT
51. Determination of criteria for best practice, standards, norms and conditions
52. Institute may enter into agreements
53. Responsible Member of Executive Council may expropriate property on which Heritage Landmark site is situated
54. Consultation procedure where municipal by-law or regulation has bearing on heritage matters
CHAPTER 11 GENERAL PROVISIONS
55. Appointment of honorary heritage inspectors
56. General offences pertaining to Council and Institute
57. Penalties
58. Regulations
59. Appeals to responsible Member of Executive Council
60. Delegations
CHAPTER 12. REPEAL OF LAW, TRANSITOINAL ARRANGEMENTS, VALIDATOIN ANDSHORT TITLE
61. Repeal of law
62. Transitional arrangements and validation
63. Short title
Sch1. SCHEDULE 1. [No title] [s62]

Part A. List of employees transferred to the Institute from the Amafa aKwaZulu-Natali Heritage Council 

Part B. List of employees seconded to the Institute from the Chief Directorate: Heritage within the KwaZulu-Natal Office of the Premier
Sch. 2.SCHEDULE 2. SPECIALLY PROTECTED HERITAGE RESOURCES (SECTION 43(1)) [s43; s44; s45; s46; s47]
.
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Copyright © Rita V. Felgate 2019