REPUBLIC OF SOUTH AFRICA

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WORLD HERITAGE CONVENTION BILL

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(As introduced in the National Assembly as a section 76 Bill; Bill published in Government Gazette No. 20164 of 8 June 1999) (The English text is the official text of the Bill)

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(Minister of Environmental Affairs and Tourism)

[B - 99]

REPUBLIEK VAN SUID-AFRIKA

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WETSONTWERP OP DIE WêRELDERFENISKONVENSIE

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(soos ingedien by die Nasionale Vergadering as >n artikel 76 Wetsontwerp; Wetsontwerp in Staatskoerant No. 20164 van 8 Junie 1999 gepubliseer) (Die Afrikaanse teks is die amptelike vertaling van die Wetsontwerp)

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(Minister van Omgewingsake en Toerisme)

[W - 99]

100899se

NOW BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as followsC

1. Definitions

2. Enactment of The Convention as part of South African Law

3. Objectives of Act

4. Fundamental principles

5. Enforcement and implementation of Convention

6. Identification and nomination of World Heritage Sites

1. In this Act, unless inconsistent with the contextC

(i) "Advisory Board" means the Advisory Board referred to in section 14;

(iv) "cultural heritage" has the meaning given to it in Article 1 of the Schedule;

2. The Convention is enacted into law in the Republic.

3. The objectives of this Act are toC

4. (1) For purposes of this Act, the following fundamental principles are recognised by the State and apply throughout the Republic in relation to World Heritage Sites, to the actions of all organs of State and Authorities, subject to applicable law, including, without limitation, the National Environmental Management Act, 1998 (Act No. 107 of 1998) and the National Heritage Resources Act, 1999 (Act No. 29 of 1999): but in the event of any conflict between the principles of this Act and the said Acts, the provisions of the said Acts prevail:

(2) For the purposes of this Act, sustainable development of World Heritage Sites include thatC

5. The Department is responsible for enforcing and implementing this Act and the Convention in the Republic, includingC

6. (1) The Department is responsible for the identification and nomination of World Heritage Sites in accordance with this Act, the Convention and the Operating Guidelines.

(2) The Department or a body prescribed by the Minister may identify places of potential cultural or natural heritage and investigate the desirability of nominating such places for inclusion on the World Heritage List.

(3) Any person may submit a proposal in writing to the Department, or if it is in existence, the body referred to in subsection (2), for a place in the Republic to be nominated for inclusion on the World Heritage List.

(4) The Minister may, upon recommendation of the Department, or if it is in existence, the body referred to in subsection (2), prescribe the format and procedures forC

(5) A written motivation for the declaration of place as a World Heritage Site must be prepared and kept by the Department in accordance with the requirements of the Convention and the Operating Guidelines.

7. (1) The Minister or his or her representative must consult with the Minister for Arts, Culture, Science and Technology and with interested parties before acting in terms of sections 8 or 9, which consultation may be in the case of interested parties in the form of public hearings and may include consultation with representatives from the relevant affectedC

(2) The Minister must notify, after consultation in terms of subsection (1), but before acting in terms of section 8 or 9, if applicable C

(3) The notification referred to in subsection (2) may be effected by notice in the Gazette and in at least two nationally distributed newspapers.

8. Where an existing organ of state is already lawfully managing or involved in a World Heritage Site, the Minister may, after consultation with the relevant affected MEC or Minister, if applicableC

9. The Minister may, by notice in the Gazette, establish an Authority which is a juristic person with the capacity to sue and be sued in its own name, with so much of the powers, duties, functions and jurisdiction set out in this Act, as the Minister may determine.

10. An Authority declared in terms of section 8 or established in terms of section 9 may consist of an Advisory Board or an Executive Staff Component or both, with such powers and duties referred to in sections 13 and 15(1), as the Minister may determine.

11. The Minister may determine by notice in the Gazette a name for an Authority.

12. (1) (a) An Authority referred to in section 9 may only be disestablished in terms of a resolution by Parliament.

(b) In the case of such an Authority, the Minister may, in terms of a resolution of Parliament, amend, suspend, revoke and terminate powers of that Authority by notice in the Gazette, with or without conditions, after giving the Authority concerned a hearing, where such amendment, suspension, revocation or termination isC

(2) In the case of an Authority referred to in section (8), the Minister may only revoke the additional powers granted by him or her to that Authority in terms of a resolution by Parliament.

(3) The Minister must ensure that adequate measures are taken to protect the assets of the Authority where Parliament passed a resolution to dissolve an Authority pursuant to this section.

13. (1) The Minister may, by notice in the Gazette, give to an Authority some or all of the following powers over one or more specified World Heritage Sites, toC

(ii) an institution or statutory body;

(iii) another country;

(iv) a province;

(v) a regional council;

(vi) a local government; or

(vii) any other entity or person approved by the Minister;

(2) An Authority declared in terms of section 8 or established in terms of section 9 has, unless the Minister prescribes otherwise, the following duties in connection with a World Heritage Site under its control, toC

(3) In giving the powers referred to in subsection (1), the Minister must specify the powers which must be exercised by either the Advisory Board or the Executive Staff Component, or both, as the case may be.

(4) The Minister may publish by notice in the Gazette model rules to be used as a guideline by Authorities.

14. (1) The Minister may by notice in the Gazette establish an Advisory Board for an Authority subject to subsection (2) and section 8(1).

(2) Before the Minister establishes an Advisory Board in terms of subsection (3), the Minister mustC

(3) An Advisory Board may have not less than five and not more than nine members.

(4) The Minister must ensure that the Advisory Board is broadly representative and multidisciplinary, with members qualified to make a substantial contribution towards the proper functioning of the Authority, and may include, without limitation, representatives fromC

15. (1) An Advisory Board has the powers reasonably necessary toC

(2) The Minister may give to an Advisory Board any of the powers referred to in section 13, in addition to the powers referred to in subsection (1).

(3) The Minister may review decisions, actions and policies of the Advisory Board as he or she may determine.

16. (1) The Minister may prescribe matters relating to the terms of employment of the Advisory Board includingC

(2) The Advisory Board may delegate and assign any of its functions, including, without limitation, to the Executive Staff Component, subject to the approval of the Minister.

17. (1) The Advisory Board must appoint an Executive Staff Component for an Authority.

(2) The Executive Staff Component must be under the control and supervision of a Chief Executive Officer, who is nominated by the Advisory Board and appointed by the Minister.

(3) The Advisory Board must ensure that the Executive Staff Component is broadly representative and multidisciplinary, with members qualified to make a substantial contribution towards the effective day-to-day and long term functioning of the Authority, and may include members who are skilled in matters relating toC

(f) project management;

(g) marketing;

(h) community involvement; and

(i) legal matters.

(4) The Minister may prescribe whether or not the Executive Staff Component and other employees of an Authority are subject to the provision of, and the directives, rules and policies made under the Public Services Act, 1994 (Proclamation 103 of 1994).

(5) Where the Minister prescribes that the provisions, directives, rules and policies referred to in subsection (4) do not apply to an Authority, the Minister must prescribe the conditions of employment applicable to the Executive Staff Component or other employees of an Authority, including, without limitation, regulations regarding vacation of office, resignation, removal from office and remuneration.

18. (1) An Executive Staff Component has all the necessary powers to be responsible for the effective day to day management and functioning of that Authority.

(2) The Minister may, in addition to the powers referred to in subsection (1), give any power referred to in section 13 to an Executive Staff Component.

19. The Minister may prescribe matters relating to the functioning of the Executive Staff Component, subject to section 17(4), includingC

(2) The Executive Staff Component may delegate and assign any of its functions.

20. (1) Every Authority must prepare and implement an integrated management plan for the World Heritage Site under its control to fulfil Articles 4 and 5 of the Convention.

(2) An Authority must conduct its affairs in accordance with an integrated management plan.

21. In preparing an integrated management plan, an Authority must have due regard for, and seek to integrate and harmonise that integrated management plan with the requirements of the Convention and the Operational Guidelines, and applicableC

22. The object of every integrated management plan is to ensure the protection and management of the World Heritage Site concerned in a manner that is consistent with the objectives and principles of this Act.

23. (1) In addition to the requirements of the Convention, the Operational Guidelines and the prescriptions of the Minister for a plan of this nature, every integrated management plan must contain, at leastC

(ii) terms and conditions for conducting activities;

(iii) prohibition of activities prescribed by the Minister;

24. (1) An Authority must submit its first integrated management plan to the Minister for approval within six months of the establishment of that Authority or such later date set by the Minister.

(2) The World Heritage Site must be managed as prescribed pending the approval by the Minister of the integrated management plan.

(3) An integrated management plan must be submitted to the Minister in terms of subsection (1) after the Authority has consulted with the followsC

(b) owners of private land in, or immediately adjacent to, the World Heritage Site; and

(4) The Minister must, upon receipt of an integrated management plan and after consultation with the Minister for Arts, Culture, Science and Technology, the relevant MEC and planning authority, and if applicable, the Council established in terms of section 14 of the National Heritage Resources Act, 1999C

(a) approve that plan with or without conditions; or

(5) An integrated management plan becomes effective once approved by the Minister.

(6) Upon approval in terms of subsection (4), the Authority must make such plan available at its main place of business for public inspection during regular office hours.

25. (1) Every integrated management plan must cover a period of at least five years or such longer period as the Minister may determine but where new opportunities or threats arise, or in the case of changed circumstances, an integrated management plan may be reviewed and amended as and when necessary by an Authority, and submitted to the Minister for approval in accordance with sections 24(4).

(2) An Authority must submit subsequent integrated management plans to the Minister to be dealt with in accordance with section 24(4) before the end of the second last year of the operation of a current integrated management plan.

26. (1) The Minister may amend or terminate an integrated management plan if in the opinion of the MinisterC

(a) that integrated management plan is inefficient; or

(2) The Minister may not amend or terminate an integrated management plan if the effect of such amendment or termination is likely to have an adverse effect on the contractual rights of the rights-holder under a contract, licence, grant or similar instrument, includingC

27. (1) The Minister may prepare model integrated management plans or sections thereof after consultation with the Minister of Arts, Culture, Science and Technology.

(2) The Minster may prescribe norms and standards in connection with the preparation and contents of integrated management plans after consultation with the Minister of Arts, Culture, Science and Technology.

28. The Minister may, with the concurrence of the Minister of Public Works, purchase any property and reserve it for purposes contemplated in this Act in relation to World Heritage Sites, if that purpose is a public purpose or is in the public interest.

29. 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 purposes of such expropriations.

30. (1) The Minister may, by notice in the Gazette, but subject to the provisions of sections 40 and 42 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), reserve or consolidate land and effect amendments to any servitude or other real right for World Heritage Site purposes.

(2) The Minister may act in accordance with subsection (1) in the case of C

if the relevant Minister concerned concurs.

(3) The Minister may act in accordance with subsection (1) in the case of tribal land or similar land held in trust, if the responsible person, entity or authority concerned concurs.

(4) The Minister may act in accordance with subsection (1) in the case of private land, such land is purchased by the Minister or an Authority on terms agreed with the owner thereof or if the owner thereof consents or any land purchased by the Minister in terms of section 29 or expropriated by the Minister in terms of section 30, the Minister consents.

(5) When the Minister acts in terms of subsection (1), the title deeds or other documents of title of the pieces of land, if in existence, must be superseded by a certificate of consolidated or uniform title as the case may be, prepared by an appropriate person and issued by the relevant registrar as defined in section 102 of the Deeds Registries Act, 1937, upon the written consent of the relevant Minister or Authority or owner referred to in subsection (1), despite the fact that the provisions of sections 40 and 42 of the Deeds Registries Act, 1937 have not been complied with.

(6) Despite the provisions of the State Land Disposal Act, 1961 (Act No. 48 of 1961), the Minister may, by notice in the Gazette, in relation to any land reserved or consolidated, or any real right amended in terms of subsection (1)C

subject to such conditions as the Minister may, in consultation with the Minister or Authority concerned, prescribe.

(7) Despite the provisions of section 5 of the State Land Disposal Act, 1961 and section 18 of the Deeds Registries Act, 1937, a registrar referred to in subsection (1) must, on submission to him or her of a certificate by the Minister of Public Works that State land has been transferred in terms of subsection (5)(a), make, free of charge, such entries and endorsements in the name of that Authority as he or she deems necessary in an appropriate register, title deed or other document.

(8) A registrar referred to in subsection (2) must, on submission to him or her of a certificate by the Minister of Public Works that a servitude, other real right or lease has been transferred in terms of subsection (5)(a) or that a servitude exists over State land which has been transferred in terms of that subsection, make free of charge such entries and endorsements in the name of the Authority as he or she deems necessary in an appropriate register, title deed or other document.

31. The Minister may declare by notice in the Gazette some or all of the sections in this Chapter to apply to an Authority.

32. (1) Subject to applicable law, an Authority may receive and raise moneys from any legal source, includingC

(ii) turnover;

(iii) rights granted by an Authority; or

(iv) services provided by an Authority

(g) sale income;

33. Without derogating from the objectives of this Act, an Authority may use any of its unencumbered assets as security for debt or other obligations, with the consent of the Minister and if applicable, the MEC, but if the asset concerned is worth more than ten percent of the total assets of the Authority, also with the consent of the Minister of Finance.

34. (1) The moneys an Authority received or raised in terms of section 32, must be used in accordance with the business and financial plan of the Authority as approved by the Minister.

(2) An Authority may establish and operate a reserve fund.

35. (1) (a) An Authority must submit to the Minister for approval its annual financial plan for the following financial year not later than 30 days before the end of each financial year.

(b) The annual financial plan for the first financial year of an Authority must be submitted to the Minister for approval within 90 days after the establishment date.

(2) The annual financial plan must set out and explain proposed operations, projects, activities and other objectives of an Authority for the following financial year, includingC

36. (1) (a) An Authority must submit to the Minister for approval a five year strategic plan, not later than 30 days before the end of its first financial year and of every financial year thereafter.

(b) A five year strategic plan must be annexed to the annual financial plan of an Authority.

(2) This Chapter does not prevent the Authority from undertaking any planning for a longer term.

37. (1) The following matters may be prescribedC

38. (1) An Authority must keep proper books and records of account, subject to applicable law, for each financial year in accordance with generally accepted accounting practice, with regard to its income, expenditure and transactions during the financial year and the state of its assets and liabilities during, and as at the end of, the financial year.

(2) Annually, within six months of the end of the financial year, an Authority must have the following financial statementsC

prepared for that year, which must accurately reflect transactions and financial sources as well as the position and state of affairs of an Authority so as to comply with the requirements of the Companies Act, 1973 (Act No. 61 of 1973)

39. (1) The Minister must as soon as is practicable inform the Auditor-General in writing of the establishment of an Authority.

(2) The books and records of account and financial statements of an Authority must be audited annually by the Auditor-General.

(3) The Chief Executive Officer must annually submit, within six months after the end of the financial year, financial statements of an Authority approved by the Executive Staff Component and the Advisory Board and certified to that effect by the Chairperson of the Advisory board, to the Auditor-General for auditing.

(4) Upon completion of the audit, the Auditor-General must furnish a report to the Minister through the chairperson of the Advisory Board.

40. (1) The Auditor-General must express an opinion in the report referred to in section 39(4) as to whetherC

(2) The report of the Auditor-General must draw attention to inadequate management measures identified during the course of the audit and to any other matter arising from the audit which, in the opinion of the Auditor-General, must be brought to the notice of the Minister and Parliament in the interest of the public interest.

41. An Authority must submit to the Minister, within six months after the end of each financial year, an annual report that includesC

(ii) the efficiency of the integrated management plan;

42. (1) The Minister may, by notice in the Gazette, delegate or assign any power duty or function conferred upon him or her by or in terms of this Act, excluding the power to make regulations toC

(2) The Minister may exercise any power or perform any duty or function despite subsection (1).

(3) The Director-General may delegate or assign any of his or her powers, duties or functions toC

but such delegation may not affect the obligations of the Department under the Convention.

43. (1) The Minister may, subject to the objectives and fundamental principles of this Act, make regulations that are consistent with the Act with regard toC

(2) Subject to the applicable law, the Minister may make regulations regardingC

(3) The Minister mayC

(4) The Minister may, by regulation, incorporate so many or all of the Operational Guidelines as may be necessary, with the necessary changes, where appropriate, for their effective implementation in the Republic.

44. This Act is called the World Heritage Convention Act, 1999 and comes into operation on a date to be fixed by the President by proclamation in the Gazette.

WORLD CULTURAL AND NATURAL HERITAGE

The General Conference of the United Nations Education, Scientific and Cultural Organization meeting in Paris from 17 October to 21 November 1972, at its seventeenth session,

Noting that the cultural heritage and the natural heritage are increasingly threatened with destruction not only by the traditional causes of decay, but also by changing social and economic conditions which aggravate the situation with even more formidable phenomena of damage or destruction,

Considering that deterioration or disappearance of any item of the cultural or natural heritage constitutes a harmful impoverishment of the heritage of all the nations of the world,

Considering that protection of this heritage at the national level often remains incomplete because of the scale of the resources which it requires and of the insufficient economic, scientific, and technological resources of the country where the property to be protected is situated,

Recalling that the Constitution of the Organization provides that it will maintain, increase, and diffuse knowledge by assuring the conservation and protection of the world's heritage, and recommending to the nations concerned the necessary international conventions,

Considering that the existing international conventions, recommendations and resolutions concerning cultural and natural property demonstrate the importance, for all the peoples of the world, of safeguarding this unique and irreplaceable property, to whatever people it may belong,

Considering that parts of the cultural or natural heritage are of outstanding interest and therefore need to be preserved as part of the world heritage of mankind as a whole,

Considering that in view of the magnitude and gravity of the new dangers threatening them, it is incumbent on the international community as a whole to participate in the protection of the cultural and natural heritage of outstanding universal value, by the granting of collective assistance which, although not taking the place of action by the State concerned, will serve as an efficient complement thereto,

Considering that it is essential for this purpose to adopt new provisions in the form of a convention establishing an effective system of collective protection of the cultural and natural heritage of outstanding universal value, organized on a permanent basis and in accordance with modern scientific methods,

Having decided, at its sixteenth session, that this question should be made the subject of an international convention,

Adopts this sixteenth day of November 1972 this Convention.

Article 1

For the purpose of this Convention, the following shall be considered as "cultural heritage": monuments, architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science, groups of buildings, groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science, sites, works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological oranthropological point of view.

Article 2

For the purposes of this Convention, the following shall be considered as "natural heritage": natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view, geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation, natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty.

Article 3

It is for each State Party to this Convention to identify and delineate the different properties situated on its territory mentioned in Articles 1 and 2 above.

Article 4

Each State Party to this Convention recognizes that the duty of ensuring the identification, protection, conservation, presentation and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain.

Article 5

To ensure that effective and active measures are taken for the protection, conservation and presentation of the cultural and natural heritage situated on its territory, each State Party to this Convention shall endeavour, in so far as possible, and as appropriate for each countryC

1. Whilst fully respecting the sovereignty of the States on whose territory the cultural and natural heritage mentioned in Articles 1 and 2 is situated, and without prejudice to property right provided by national legislation, the States Parties to this Convention recognize that such heritage constitutes a world heritage for whose protection it is the duty of the international community as a whole to co-operate.

2. The States Parties undertake, in accordance with the provisions of this Convention, to give their help in the identification, protection, conservation and presentation of the cultural and natural heritage referred to in paragraphs 2 and 4 of Article 11 if the States on whose territory it is situated so request.

3. Each State Party to this Convention undertakes not to take any deliberate measures which might damage directly or indirectly the cultural and natural heritage referred to in Articles 1 and 2 situated on the territory of other States Parties to this Convention.

Article 7

For the purpose of this Convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international co-operation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage.

1. An Intergovernmental Committee for the Protection of the Cultural and Natural Heritage of Outstanding Universal Value, called "the World Heritage Committee", is hereby established within the United Nations Education, Scientific and Cultural Organization. It shall be composed of 15 States Parties to the Convention, elected by States Parties to the Convention meeting in general assembly during the ordinary session of the General Conference of the United Nations Educational, Scientific and Cultural Organization. The number of States members of the Committee shall be increased to 21 as from the date of the ordinary session of the General Conference following the entry into force of this Convention for at least 40 States.

2. Election of members of the Committee shall ensure an equitable representation of the different regions and cultures of the world.

3. A representative of the International Centre for the Study of the Preservation and Restoration of Cultural Property (Rome Centre), a representative of the International Council of Monuments and Sites (ICOMOS) and a representative of the International Union for Conservation of Nature and Natural Resources (IUCN), to whom may be added, at the request of States Parties to the Convention meeting in general assembly during the ordinary sessions of the General Conference of the United Nations Educational, Scientific and Cultural Organization, representatives of other intergovernmental or non-governmental organizations, with similar objectives, may attend the meetings of the Committee in an advisory capacity.

1. The term of office of States members of the World Heritage Committee shall extend from the end of the ordinary session of the General Conference during which they are elected until the end of its third subsequent ordinary session.

2. The term of office of one-third of the members designated at the time of the first election shall, however, cease at the end of the first ordinary session of the General Conference following that at which they were elected; and the term of office of a further third of the members designated at the same time shall cease at the end of the second ordinary session of the General Conference following that at which they were elected. The names of these members shall be chosen by lot by the President of the General Conference of the United Nations Education, Scientific and Cultural Organization after the first election.

3. States members of the Committee shall choose as their representatives persons qualified in the field of the cultural or natural heritage.

1. The World Heritage Committee shall adopt its Rules of Procedure.

2. The Committee may at any time invite public or private organizations or individuals to participate in its meetings for consultation on particular problems.

3. The Committee may create such consultative bodies as it deems necessary for the performance of its functions.

1. Every State Party to this Convention shall, in so far as possible, submit to the World Heritage Committee an inventory of property forming part of the cultural and natural heritage, situated in its territory and suitable for inclusion in the list provided for in paragraph 2 of this Article. This inventory, which shall not be considered exhaustive, shall include documentation about the location of the property in question and its significance.

2. On the basis of the inventories submitted by States in accordance with paragraph 1, the Committee shall establish, keep up to date and publish, under the title of "World Heritage List," a list of properties forming part of the cultural heritage and natural heritage, as defined in Articles 1 and 2 of this Convention, which it considers as having outstanding universal value in terms of such criteria as it shall have established. An updated list shall be distributed at least every two years.

3. The inclusion of a property in the World Heritage List requires the consent of the State concerned. The inclusion of a property situated in a territory, sovereignty or jurisdiction over which is claimed by more than one State shall in no way prejudice the rights of the parties to the dispute.

4. The Committee shall establish, keep up to date and publish, whenever circumstances shall so require, under the title of "list of World Heritage in Danger", a list of the property appearing in the World Heritage List for the conservation of which major operations are necessary and for which assistance has been requested under this Convention. This list shall contain an estimate of the cost of such operations. The list may include only such property forming part of the cultural and natural heritage as is threatened by serious and specific dangers, such as the threat of disappearance caused by accelerated deterioration, large-scale public or private projects or rapid urban or tourist development projects; destruction caused by changes in the use or ownership of the land; major alterations due to unknown causes; abandonment for any reason whatsoever; the outbreak or the threat of an armed conflict; calamities and cataclysms; serious fires, earthquakes, landslides; volcanic eruptions; changes in water level, floods and tidal waves. The Committee may at any time, in case of urgent need, make a new entry in the List of World Heritage in Danger and publicize such entry immediately.

5. The Committee shall define the criteria on the basis of which a property belonging to the cultural or natural heritage may be included in either of the lists mentioned in paragraphs 2 and 4 of this article.

6. Before refusing a request for inclusion in one of the two lists mentioned in paragraphs 2 and 4 of this article, the Committee shall consult the State Party in whose territory the cultural or natural property in question is situated.

7. The Committee shall, with the agreement of the States concerned, co-ordinate and encourage the studies and research needed for the drawing up of the lists referred to in paragraphs 2 and 4 of this article.

Article 12

The fact that a property belonging to the cultural or natural heritage has not been included in either of the two lists mentioned in paragraphs 2 and 4 of Article 11 shall in no way be construed to mean that it does not have an outstanding universal value for purposes other than those resulting from inclusion in these lists.

1. The World Heritage Committee shall receive and study requests for international assistance formulated by States Parties to this Convention with respect to property forming part of the cultural or natural heritage, situated in their territories, and included or potentially suitable for inclusion in the lists mentioned referred to in paragraphs 2 and 4 of Article 11. The purpose of such requests may be to secure the protection, conservation, presentation or rehabilitation of such property.

2. Requests for international assistance under paragraph 1 of this article may also be concerned with identification of cultural or natural property defined in Articles 1 and 2, when preliminary investigations have shown that further inquiries would be justified.

3. The Committee shall decide on the action to be taken with regard to these requests, determine where appropriate, the nature and extent of its assistance, and authorize the conclusion, on its behalf, of the necessary arrangements with the government concerned.

4. The Committee shall determine an order of priorities for its operations. It shall in so doing bear in mind the respective importance for the world cultural and natural heritage of the property requiring protection, the need to give international assistance to the property most representative of a natural environment or of the genius and the history of the peoples of the world, the urgency of the work to be done, the resources available to the States on whose territory the threatened property is situated and in particular the extent to which they are able to safeguard such property by their own means.

5. The Committee shall draw up, keep up to date and publicize a list of property for which International assistance has been granted.

6. The Committee shall decide on the use of the resources of the Fund established under Article 15 of this Convention. It shall seek ways of increasing these resources and shall take all useful steps to this end.

7. The Committee shall co-operate with international and national governmental and non-governmental organizations having objectives similar to those of this Convention. For the implementation of its programmes and projects, the Committee may call on such organizations, particularly the International Centre for the Study of the Preservation and Restoration of Cultural Property (the Rome Centre), the International Council of Monuments and Sites (ICOMOS) and the International Union for Conservation of Nature and Natural Resources (IUCN), as well as on public and private bodies and individuals.

8. Decisions of the Committee shall be taken by a majority of two-thirds of its members present and voting. A majority of the members of the Committee shall constitute a quorum.

1. The World Heritage Committee shall be assisted by a Secretariat appointed by the Director-General of the United Nations Educational, Scientific and Cultural Organization.

2. The Director-General of the United Nations Educational, Scientific and Cultural Organization, utilizing to the fullest extent possible the services of the International Centre for the Study of the Preservation and the Restoration of Cultural Property (the Rome Centre), the International Council of Monuments and Sites (ICOMOS) and the International Union for Conservation of Nature and Natural Resources (IUCN) in their respective areas of competence and capability, shall prepare the Committee's documentation and the agenda of its meetings and shall have the responsibility for the implementation of its decisions.

1. A Fund for the Protection of the World Cultural and Natural Heritage of Outstanding Universal Value, called "the World Heritage Fund", is hereby established.

2. The Fund shall constitute a trust fund, in conformity with the provisions of the Financial Regulations of the United Nations Educational, Scientific and Cultural Organization.

3. The resources of the Fund shall consist ofC

4. Contributions to the Fund and other forms of assistance made available to the Committee may be used only for such purposes as the Committee shall define. The Committee may accept contributions to be used only for a certain programme or project, provided that the Committee shall have decided on the implementation of such programme or project. No political conditions may be attached to contributions made to the Fund.

1. Without prejudice to any supplementary voluntary contribution, the States Parties to this Convention undertake to pay regularly, every two years, to the World Heritage Fund, contributions, the amount of which, in the form of a uniform percentage applicable to all States, shall be determined by the General Assembly of States Parties to the Convention, meeting during the sessions of the General Conference of the United Nations Educational, Scientific and Cultural Organization. This decision of the General Assembly requires the majority of the States Parties present and voting, which have not made the declaration referred to in paragraph 2 of this Article. In no case shall the compulsory contribution of States Parties to the Convention exceed 1% of the contribution to the regular budget of the United Nations Educational, Scientific and Cultural Organization.

2. However, each State referred to in Article 31 or in Article 32 of this Convention may declare, at the time of the deposit of its instrument of ratification, acceptance or accession, that it shall not be bound by the provisions of paragraph 1 of this Article.

3. A State Party to the Convention which has made the declaration referred to in paragraph 2 of this Article may at any time withdraw the said declaration by notifying the Director-General of the United Nations Educational, Scientific and Cultural Organization. However, the withdrawal of the declaration shall not take effect in regard to the compulsory contribution due by the State until the date of the subsequent General Assembly of States parties to the Convention.

4. In order that the Committee may be able to plan its operations effectively, the contributions of States Parties to this Convention which have made the declaration referred to in paragraph 2 of this Article, shall be paid on a regular basis, at least every two years, and should not be less than the contributions which they should have paid if they had been bound by the provisions of paragraph 1 of this Article.

5. Any State Party to the Convention which is in arrears with the payment of its compulsory or voluntary contribution for the current year and the calendar year immediately preceding it shall not be eligible as a Member of the World Heritage Committee, although this provision shall not apply to the first election. The terms of office of any such State which is already a member of the Committee shall terminate at the time of the elections provided for in Article 8, paragraph 1 of this Convention.

Article 17

The States Parties to this Convention shall consider or encourage the establishment of national public and private foundations or associations whose purpose is to invite donations for the protection of the cultural and natural heritage as defined in Articles 1 and 2 of this Convention.

Article 18

The States Parties to this Convention shall give their assistance to international fund-raising campaigns organized for the World Heritage Fund under the auspices of the United Nations Educational, Scientific and Cultural Organization. They shall facilitate collections made by the bodies mentioned in paragraph 3 of Article 15 for this purpose.

Article 19

Any State Party to this Convention may request international assistance for property forming part of the cultural or natural heritage of outstanding universal value situated within its territory. It shall submit with its request such information and documentation provided for in Article 21 as it has in its possession and as will enable the Committee to come to a decision.

Article 20

Subject to the provisions of paragraph 2 of Article 13, sub-paragraph (c) of Article 22 and Article 23, international assistance provided for by this Convention may be granted only to property forming part of the cultural and natural heritage which the World Heritage Committee has decided, or may decide, to enter in one of the lists mentioned in paragraphs 2 and 4 of Article 11.

1. The World Heritage Committee shall define the procedure by which requests to it for international assistance shall be considered and shall specify the content of the request, which should define the operation contemplated, the work that is necessary, the expected cost thereof, the degree of urgency and the reasons why the resources of the State requesting assistance do not allow it to meet all the expenses. Such requests shall be supported by experts' reports whenever possible.

2. Requests based upon disasters or natural calamities should, by reasons of the urgent work which they may involve, be given immediate, priority consideration by the Committee, which should have a reserve fund at its disposal against such contingencies.

3. Before coming to a decision, the Committee shall carry out such studies and consultations as it deems necessary.

Article 22

Assistance granted by the World Heritage Fund may take the following formsC

Article 23

The World Heritage Committee may also provide international assistance to national or regional centres for the training of staff and specialists at all levels in the field of identification, protection, conservation, presentation and rehabilitation of the cultural and natural heritage.

Article 24

International assistance on a large scale shall be preceded by detailed scientific, economic and technical studies. These studies shall draw upon the most advanced techniques for the protection, conservation, presentation and rehabilitation of the natural and cultural heritage and shall be consistent with the objectives of this Convention. The studies shall also seek means of making rational use of the resources available in the State concerned.

Article 25

As a general rule, only part of the cost of work necessary shall be borne by the international community. The contribution of the State benefiting from international assistance shall constitute a substantial share of the resources devoted to each programme or project, unless its resources do not permit this.

Article 26

The World Heritage Committee and the recipient State shall define in the agreement they conclude the conditions in which a programme or project for which international assistance under the terms of this Convention is provided, shall be carried out. It shall be the responsibility of the State receiving such international assistance to continue to protect, conserve and present the property so safeguarded, in observance of the conditions laid down by the agreement.

1. The States Parties to this Convention shall endeavour by all appropriate means, and in particular by educational and information programmes, to strengthen appreciation and respect by their peoples of the cultural and natural heritage defined in Articles 1 and 2 of the Convention.

2. They shall undertake to keep the public broadly informed of the dangers threatening this heritage and of the activities carried on in pursuance of this Convention

Article 28

States Parties to this Convention which receive international assistance under the Convention shall take appropriate measures to make known the importance of the property for which assistance has been received and the role played by such assistance.

1. The States Parties to this Convention shall, in the reports which they submit to the General Conference of the United Nations Educational, Scientific and Cultural Organization on dates and in a manner to be determined by it, give information on the legislative and administrative provisions which they have adopted and other action which they have taken for the application of this Convention, together with details of the experience acquired in this field.

2. These reports shall be brought to the attention of the World Heritage Committee.

3. The Committee shall submit a report on its activities at each of the ordinary sessions of the General Conference of the United Nations Educational, Scientific and Cultural Organization.

Article 30

This Convention is drawn up in Arabic, English, French, Russian and Spanish, the five texts being equally authoritative.

1. This Convention shall be subject to ratification or acceptance by States members of the United Nations Educational, Scientific and Cultural Organization in accordance with their respective constitutional procedures.

2. The instruments of ratification or acceptance shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

1. This Convention shall be open to accession by all States not members of the United Nations Educational, Scientific and Cultural Organization which are invited by the General Conference of the Organization to accede to it.

2. Accession shall be effected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Article 33

This Convention shall enter into force three months after the date of the deposit of the twentieth instrument of ratification, acceptance or accession, but only with respect to those States which have deposited their respective instruments of ratification, acceptance or accession on or before that date. It shall enter into force with respect to any other State three months after the deposit of its instrument of ratification, acceptance or accession.

Article 34

The following provisions shall apply to those States Parties to this Convention which have a federal or non-unitary constitutional systemC

1. Each State Party to this Convention may denounce the Convention.

2. The denunciation shall be notified by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

3. The denunciation shall take effect twelve months after the receipt of the instrument of denunciation. It shall not affect the financial obligations of the denouncing State until the date on which the withdrawal takes effect.

Article 36

The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States members of the Organization, the States not members of the Organization which are referred to in Article 32, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance, or accession provided for in Articles 31 and 32, and of the denunciations provided for in Article 35.

1. This Convention may be revised by the General Conference of the United Nations Educational, Scientific and Cultural Organization. Any such revision shall, however, bind only the States which shall become Parties to the revising convention.

2. If the General Conference should adopt a new convention revising this Convention in whole or in part, then, unless the new convention otherwise provides, this Convention shall cease to be open to ratification, acceptance or accession, as from the date on which the new revising convention enters into force.

Article 38

In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Done in Paris, this twenty-third day of November 1972, in two authentic copies bearing the signature of the President of the seventeenth session of the General Conference and of the Director-General of the United Nations Educational, Scientific and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in Articles 31 and 32 as well as to the United Nations.

VS160599

Background

1. In terms of Section 231(4) of the Constitution, Act No. 108 of 1996, a treaty such as the World Heritage Convention becomes law in South Africa when it is enacted into law by national legislation. The Convention imposes an obligation on the national Government to, inter alia, guarantee its implementation and ensure that legal protection is provided, management plans are developed and implemented, appropriate institutional structures are in place, periodic monitoring occurs and adequate resources, particularly finances, are provided to discharge South Africa=s obligations under the Convention.

2. The incorporation of the World Heritage Convention into South Africa=s domestic law is a clear signal to the World Heritage Committee of our full commitment to the World Heritage Convention. The Committee decides whether South Africa=s nominations qualify for this coveted status or not.

3. The Bill ensures that the principles of the Convention are given genuine, substantive application over South Africa=s World Heritage Sites and ensures that these Sites are developed in ways that also meet the social and economic needs of our people.

4. The Department of Environmental Affairs and Tourism is introducing the World Heritage Convention Bill, 1999 (Athe Bill=) into Parliament with a view to-.

4.1 incorporate the Convention Concerning The Protection of the World Cultural and Natural Heritage (Athe Convention@) into South African domestic law and to ensure that everything done in terms of this Act conforms with the Convention and its Operational Guidelines;

4.2 create a legal framework for the establishment of Authorities designed to oversee the management and development in a culturally and environmentally responsible manner of World Heritage Sites or, if appropriate, to strengthen the powers of existing bodies looking after these Sites;

4.3 create an Advisory Board or an Executive Staff Component for each Authority that will oversee and manage the Authority;

4.4 ensure that effective measures are taken for the protection, conservation and presentation of World Heritage Sites in the Republic and provide for the preparation of integrated management plans;

4.5 promote, manage, oversee, market and facilitate tourism and related development in World Heritage Sites in accordance with applicable law, the Convention and its Operational Guidelines; and

4.6 provide for proper financial and auditing controls over each Authority and the preparation of an annual report outlining the activities of each Authority.

5. The Convention recognises cultural and natural properties of outstanding universal value and provides for their protection and conservation. South Africa deposited its ratification of the Convention in July 1997, and submitted its first three nominations (Robben Island, the Greater St Lucia Wetland Park and the Sterkfontein Caves) for listing as World Heritage Sites in May 1998.

IMPLICATIONS FOR PROVINCES AND LOCAL GOVERNMENT

1. The Bill will have the following implications for the provinces and local government:

1.1 An Authority has the power to liaise with relevant cultural and nature conservation bodies on a local, provincial, national and with the consent of the Department of Environmental Affairs and Tourism, on international level.

1.2 Subject to it being so empowered by the Minister, an Authority may conserve, manage, promote, facilitate and monitor cultural development and nature conservation and related tourism activities over the World Heritage Sites under its control. If appropriate, an Authority may be of assistance to a province, regional council or local government in the discharge of duties related to the Convention or a World Heritage Site.

1.3 At the request of a province, a regional council or a local government, and with the consent of the Minister, an Authority may perform functions on contractually agreed terms. An Authority may also enter into contracts with a province, regional council or a local government regarding any matter that concerns the Convention or a World Heritage Site.

1.4 In preparing an integrated management plan an Authority must have due regard for, and seek to integrate and harmonise that integrated management plan with applicable provincial, regional and local planning and development plans.

OTHER DEPARTMENTS AND BODIES CONSULTED

1. Consultation took place with and comments were received from relevant or affected national government departments, provincial government departments, local governments, cultural and natural heritage bodies, non-governmental organisations, organised business and international heritage bodies.

FINANCIAL IMPLICATIONS

A once off start up capital will be required to establish the St. Lucia Wetland Park Authority. However, the Authority should be a self-sustaining entity, depending on the concession fees and entry levies that it will charge from its clientele. The Department is currently preparing a financing strategy and a business plan for the St. Lucia Wetland Park Authority and Cabinet will be informed of progress in this regard.

PARLIAMENTARY PROCEDURE

1. The Department of Environmental Affairs and Tourism and the State Law Advisors are of the opinion that the Bill should be dealt with in accordance with section 76 of the Constitution, as it falls within a functional area Listed in Schedule 4 of the Constitution, namely, environment.

1.1 The draft Bill was published in the Government Gazette in terms of section 154(2) of the Constitution.