CHAPTER 59:03
MONUMENTS AND RELICS

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

   1.   Short title

 

   2.   Interpretation

 

   3.   Appointment of officers

 

   4.   Honorary officers

 

   5.   Functions of a custodian

 

   6.   Functions of an Inspector

 

   7.   Functions of the Commissioner

 

   8.   Powers of the Commissioner

 

   9.   Agreements for preservation of national monuments, etc.

 

   10.   Declaration of national monuments

 

   11.   Declaration of recent historic monuments, etc.

 

   12.   Notification of discoveries

 

   13.   Minister's option to acquire ownership

 

   14.   Minister's power to acquire access to national monument

 

   15.   Minister's power to prevent access to national monument

 

   16.   No excavation without permission of Minister

 

   17.   No archaeological research without permission of Minister

 

   18.   No alterations, damage or removal without consent of Minister

 

   19.   Pre-development impact assessment

 

   20.   Damage to erected tablets and other identification notices

 

   21.   Establishment of Monuments and Relics Fund

 

   22.   Arrest, seizure and ejectment

 

   23.   Offences and penalties

 

   24.   Regulations

 

   25.   Savings

 

 

Act 12, 2001.

An Act to re-enact, with amendments, the Monuments and Relics Act.

[Date of Commencement: 24th August, 2001]

 

1.   Short title

   This Act may be cited as the Monuments and Relics Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "ancient monument" means any building, ruin, remaining portion of a building or ruin, ancient working, stone circle, grave, cave, rock shelter, midden, shell mound, archaeological site, or other site or thing of a similar kind, which is known or believed to have been erected, constructed or used in Botswana before 1st June, 1902;

   "ancient working" means any shaft, cutting, tunnel, quarry or stope or any building or machinery appertaining thereto, which was made or used for mining purposes in Botswana and was in existence before 1st June, 1902;

   "Board" means the National Museum and Art Gallery Board established under the National Museum and Art Gallery Act;

   "Commissioner" means the Commissioner of Monuments and Relics appointed under section 3;

   "custodian" means a custodian appointed under section 3;

   "excavation" includes any process of digging or unearthing and any act involved in such process, and "excavate" bears a corresponding meaning;

   "historic building" means any building, of national value, which was erected, constructed or used in Botswana after 1st June, 1902, which building has been declared an historic building under section 11;

   "inspector" means an inspector of monuments appointed under section 3;

   "monument" includes-

 

   (a)   any ancient monument;

 

   (b)   any recent historic monument;

 

   (c)   any area of land which is of archaeological or historical interest or contains objects of such interest;

 

   (d)   any area of land which has distinctive scenery or a distinctive geological formation;

 

   (e)   any area of land containing rare or distinctive flora;

 

   (f)   any cave, rock shelter, grove of trees, tree, old structure or other object or article, whether natural or constructed by man, of aesthetic, archaeological, historical or scientific value or interest, other than a relic; or

 

   (g)   any waterfall;

   "national monument" means a monument, recent artefact, or relic which has been declared a national monument under section 10;

   "national value" means value to the cultural or natural heritage of Botswana;

   "owner" in relation to any national monument, monument, recent artefact, relic or protected heritage area, or the land within or on which they are situated, means the owner, lessee, or other lawful possessor thereof;

   "protected heritage area" means-

 

   (a)   an area or region of national value which has been declared a protected heritage area under section 11; or

 

   (b)   an area or region containing one or more national monuments, monuments or sites, which area or region has been declared a protected heritage area under section 11;

   "recent artefact" means any drawing, painting, carving, ornament, implement, stone tool, bone, pottery, or any other artefact, of national value, that were made or used in Botswana after 1st June, 1902, and which has been declared as such under section 11;

   "recent historic monument" means any structure, of national value, which was erected, constructed or used in Botswana after 1st June, 1902, which structure has been declared a recent historic monument under section 11 and includes any building declared an historic building under section 11;

   "relic" means any-

 

   (a)   fossil;

 

   (b)   meteorite;

 

   (c)   drawing, painting or carving on stone or petroglyph executed in Botswana before 1st June, 1902;

 

   (d)   artefact, implement or ornament of aesthetic, archaeological, anthropological, historical or scientific value made or used in Botswana before 1st June, 1902;

 

   (e)   any stone tool, bone, pottery or any other anthropological or archaeological contents of any ancient monument or ancient working; or

 

   (f)   any treasure trove discovered in Botswana;

   "site" includes, where a relic or recent artefact is not contained in a monument, any area of land on which such relic or recent artefact is situated; and

   "treasure trove" means any artefact made of or containing any precious mineral.

 

3.   Appointment of officers

   (1) Subject to the laws governing the public service the Minister shall appoint-

 

   (a)   an officer in the public service to be Commissioner of Monuments and Relics;

 

   (b)   one or more officers in the public service to be inspectors of monuments;

 

   (c)   such other officers as may be necessary for the purposes of this Act.

   (2) Any appointment made under the provisions of subsection (1) shall be made only with the consent of the Minister in whose Ministry the officer appointed is employed, and shall be published in the Gazette.

 

4.   Honorary officers

   (1) The Minister may, by notice published in the Gazette, appoint honorary officers for the purpose of assisting in the carrying out of the provisions of this Act and the regulations made thereunder.

   (2) The Minister shall appoint as honorary officer, a person who-

 

   (a)   is a member of the community where the monument is situated; and

 

   (b)   is knowledgeable about the history of the monument.

   (3) An honorary officer shall have such powers as may be prescribed, which shall not exceed the powers conferred upon an Inspector of Monuments by this Act and the regulations made thereunder.

   (4) An honorary officer shall hold office for a period of three years unless the appointment is sooner revoked, and shall be eligible for re-appointment.

 

5.   Functions of a custodian

   A custodian shall preserve and protect from interference any national monument, monument, relic, recent artefact or protected heritage area assigned to his custody by the Commissioner.

 

6.   Functions of an Inspector

   An Inspector shall-

 

   (a)   report, in writing, to the Commissioner-

 

      (i)   any monument, relic or recent artefact, not being a national monument, of which he becomes aware, the declaration of which as a national monument or the control or custody of which may be considered desirable by the State;

 

      (ii)   any building or structure of national value, which was erected, constructed or used in Botswana after 1st June, 1902, of which he becomes aware, the declaration of which as a historic building or the control or custody of which may be considered desirable by the State;

 

      (iii)   any drawing, painting, carving, ornament, implement, stone tool, bone, pottery, or any other artefact, of national value, which was made or used in Botswana after 1st June, 1902, of which he becomes aware, the declaration of which as a recent artefact or the control or custody of which may be considered desirable by the State;

 

      (iv)   any area or region containing one or more national monuments, monuments or sites, the declaration of which area or region as a protected heritage area may be considered desirable by the State;

 

   (b)   when required by the Commissioner, investigate and report upon any matter relating to-

 

      (i)   any national monument, monument, relic or recent artefact and upon the desirability of declaring any monument, relic or recent artefact as a national monument;

 

      (ii)   any building or structure of national value, which was erected, constructed or used in Botswana after 1st June, 1902, and upon the desirability of declaring any such building as an historic building;

 

      (iii)   any drawing, painting, carving, ornament, implement, stone tool, bone, pottery, or any other artefact, of national value, which was made or used in Botswana after 1st June, 1902, and upon the desirability of declaring it as a recent artefact;

 

      (iv)   any area or region and upon the desirability of declaring such area or region as a protected heritage area;

 

   (c)   secure the utilisation of any national monument, monument, relic, recent artefact or protected heritage area as part of

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