Government Gazette 29 December 2004 28 Act No. 27, 2004 (9) No.3361 NATIONAL HERITAGE ACT, 2004 (b) may impose conditions in relation to the exercise of that power by the local authority. (10) The Council and a local authority with delegated power under subsection (a) may ask an applicant for further information to assist the determination of the application; and (b) must determine the application within 30 days of the receipt of the application. - (11) A local authority must forthwith give notice to the Council of any consent given by the local authority under subsection (10) and details ofthe consent given. (12) Ifan owner or occupier of a listed building alters or develops that building in contravention of subsection (6) ­ (a) the relevant local authority, in the case of a listed building situated within the area of a local authority; or (b) the Council, in the case of a listed building situated outside a local authority area, may require the owner or occupier to stop any work for the alteration or development that building and to restore it to its previous condition or design. of (13) If an owner or occupier fails to comply with the requirement of a local authority or the Council under subsection (12), the local authority or the Council may without further notice ­ (a) take possession of the building; (b) cause the necessary restoration work to be carried out; and (c) recover from that owner or occupier the cost of the restoration work. (14) An owner who contravenes subsection (6) commits an offence and is liable to a fine not exceeding N$l 0 000 or to imprisonment for a period not exceeding 2 years, or to both such fine and such imprisonment. Conservation areas 54. (1) The Council may, by notice in the Gazette, declare any area defined in the notice to be a conservation area on the ground of its historic, aesthetic or scientific interest. (2) Before the Council declares an area situated within a local authority area to be a conservation area, the Council must consult with the relevant local authority. (3) Ifthe Council and the local authority fail to agree on the declaration of the conservation area, the local authority may in writing request the Minister to review the decision of the Council in relation to the declaration of the conservation area. (4) In determining a review under subsection (3), the Minister may confirm or cancel the decision of the Council and may by notice in the Gazette revoke a notice issued by the Council under subsection (1).

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