Government Gazette 29 December 2004 32 Act No. 27, 2004 No.3361 NATIONAL HERITAGE ACT, 2004 (a) in the case of an individual, until the person's death; or (b) in the case of a body corporate or trust or an association of persons, until the date determined by the Minister by notice in the Gazette, provided the person or a representative ofthe body corporate, trust or association, at the request of the Council, signs a written undertaking as determined by the Council to take the measures as the Council may require for the protection and safe-keeping of the item and not to part with the possession thereof, except to the Councilor any person or institution specified by the Council. (4) Arrangements for the transfer of an item in the circumstances contemplated in subsection (3), must be made, in the case of a deceased person, between his or her executors and the Council, and in any other case between the representative ofthe body corporate, trust or association. (5) A person referred to in subsection (3) who fails to comply with a written demand of the Council to rectify any breach of a condition of an undertaking referred to in that subsection within the period specified by the Council must, on the written direction of the Council, deliver the item to the Councilor any person or institution specified by the Council. Historic shipwrecks and shipwreck objects 57. (1) The remains of all ships that have been situated on the coast or in the territorial waters or the contiguous zone of Namibia for 35 years or more are historic shipwrecks for the purposes of this section. (2) All articles that have been situated on the coast or in the territorial waters or the contiguous zone of Namibia for 35 years or more and that were associated with ships are historic shipwreck objects for the purposes of this section. ­ (3) The Minister may, by notice in the Gazette, declare that (a) subsection (1) does not apply to the remains, or part of the remains, of a particular ship or class of ships; or (b) subsection (2) does not apply to any specified article or class of articles. (4) If the Council proposes to recommend to the Minister (a) under section 28, that­ (b) ­ (i) a place where the remains of a ship are located be declared a protected place; or (ii) an article associated with a ship be declared a protected object; or under section 41 that a provisional protection order be made in relation to a place where an article or articles appearing to be the remains of a ship are located. the Council must obtain and submit to the Minister, together with the Council's report and recommendation, any comments or advice which the Minister responsible for fisheries and marine resources may wish to make or give in relation to the proposed declaration. Site management 58. (1) The Council must progressively introduce and maintain ­