utilisation of the national monument as part of the natural or cultural heritage of Botswana for
the benefit of the community.
(3) Any dispute as to the interest or right of any person claiming to have an interest in or
right over land across which the Minister intends to acquire a right of access in terms of
subsection (1) or as to the legality of the exercise of the Minister's power under that
subsection, or as to the definition of the right of access and the conditions subject to which it
is to be acquired, shall be determined by the High Court on application made by the Minister
or the other party to the dispute before such right is acquired.
15. Minister's power to prevent access to national monument
(1) The Minister may, by order published in the Gazette, specify and define sites or
portions of sites of national monuments which no person shall enter upon without the
permission of the Commissioner or a person authorised by him to grant such permission.
(2) No person shall without such permission enter upon any site or portion of a site
specified or defined in terms of subsection (1) except, in the case of a site or portion of a site
upon land not owned by the State, the owner or occupier of such land or persons visiting the
site with the consent of the owner or occupier.
(3) A person who contravenes subsection (2) commits an offence and is liable upon
conviction to a fine not exceeding P5 000 or to imprisonment for a term not exceeding 6
months, or to both.
16. No excavation without permission of Minister
(1) No person shall, without the written permission of the Minister, given after consultation
with the Commissioner, and after making such enquiries as he may deem fit, excavate any
national monument, ancient monument, recent historic monument, recent artefact or relic or,
if he receives such permission, excavate it contrary to any condition which may have been
imposed in such permission or which may be prescribed.
(2) The Minister may grant permission in terms of subsection (1) in respect of an ancient
monument, recent historic monument, recent artefact or relic, other than a national
monument, only with the consent of the owner of the land in or upon which it is situated and
of any other person having an interest therein or right thereover.
(3) The Minister may grant permission in terms of subsection (1) in respect of a national
monument which shall entitle the grantee to enter upon the land in or upon which such
monument is situated with such assistants or servants, animals, vehicles, appliances and
instruments as may be necessary for the purpose of excavation and to excavate such
monument:
Provided that, in the case of a national monument situated in or upon land which is not
State land(i)
the consent of the owner of such land and of any person having an interest
therein or right thereover to such entry and excavation has been obtained; or
payment of such sum of money as may be determined by the High Court on
application made by the Minister or by the person seeking the Minister's
permission as fair and reasonable compensation to such owner or other person
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