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South Africa
NATIONAL LEGISLATION OVERVIEWS
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National Heritage Resources Act, No. 25 of 1999

Long title


To introduce an integrated and interactive system for the management of the national heritage resources; to promote good government at all levels, and empower civil society to nurture and conserve their heritage resources so that they may be bequeathed to future generations; to lay down general principles for governing heritage resources management throughout the Republic; to introduce an integrated system for the identification, assessment and management of the heritage resources of South Africa; to establish the South African Heritage Resources Agency together with its Council to co-ordinate and promote the management of heritage resources at national level; to set norms and maintain essential national standards for the management of heritage resources in the Republic and to protect heritage resources of national significance; to control the export of nationally significant heritage objects and the import into the Republic of cultural property illegally exported from foreign countries; to enable the provinces to establish heritage authorities which must adopt powers to protect and manage certain categories of heritage resources; to provide for the protection and management of conservation-worthy places and areas by local authorities; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

CONTENTS
1.  Application and interpretation
2.  Definitions

CHAPTER I. SYSTEM FOR MANAGEMENT OF NATIONAL HERITAGE RESOURCES

Part 1. General Principles
3.  National estate
4.  Application
5.  General principles for heritage resources management
6.  Principles for management of heritage resources
7.  Heritage assessment criteria and grading
8.  Responsibilities and competence of heritage resources authorities and local authorities for identification and management of national estate
9.  Rights, duties and exemptions of State and supported bodies
10.  General principles of procedure

Part 2. Constitution, functions, powers and duties of heritage authorities
11.  Establishment of SAHRA
12.  Object of SAHRA
13.  Functions, powers and duties of SAHRA
14.  Establishment and constitution of SAHRA Council
15.  Chairperson of Council
16.  Functions of Council
17.  Meetings of Council
18.  Committees of Council
19.  Reimbursement of expenses of members of Council and committees
20. Employees of Council
21.  Finances and property
22.  Reports
23.  Establishment of provincial heritage resources authorities
24.  Functions, powers and duties of provincial heritage resources authority
25.  General powers and duties of heritage resources authorities
26.  Delegation of functions or powers of heritage resources authorities

CHAPTER II. PROTECTION AND MANAGEMENT OF HERITAGE RESOURCES

Part 1. Formal Protections
27.  National heritage sites and provincial heritage sites
28.  Protected areas
29. Provisional protection
30. Heritage registers
31. Heritage areas
32. Heritage objects

Part 2. General Protections
33. Import of objects protected in terms of laws of foreign states
34. Structures
35. Archaeology, palaeontology and meteorites
36. Burial grounds and graves
37. Public monuments and memorials
38. Heritage resources management

Part 3. Management
39. Inventory of national estate
40. National heritage resources assistance programme
41. Restitution of heritage objects
42. Heritage agreements
43. Incentives
44. Presentation of protected resources
45. Compulsory repair order
46. Expropriation
47. General policy

CHAPTER III. GENERAL PROVISIONS

Part 1. Enforcement, appeals, offences and penalties
48. Permits
49. Appeals
50. Appointment and powers of heritage inspectors
51. Offences and penalties

Part 2. Miscellaneous
52. Notices
53. Delegation of powers by Minister or MEC
54. By-laws by local authorities
55. Limitation of liability
56. Exercise of powers outside Republic
57. Applicability of provincial legislation
58. Transitional provisions and consequential amendments
59. Regulations
60. Repeal
61. Short title and commencement
Sch. SCHEDULE. PENALTIES FOR NATIONAL HERITAGE ACT (SECTION 51)

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