for such entry and excavation has been made; and
(ii)
any dispute as to the interest or right of any person claiming to have an interest
in or right over the land in or upon which the national monument is situated or
as to the legality of the exercise by the Minister of the power conferred by this
subsection has been determined by the High Court.
(4) A person who contravenes subsection (1) commits an offence and is liable upon
conviction to a fine not exceeding P10 000 or to imprisonment for a term not exceeding 1
year, or to both.
17.
No archaeological research 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(a)
conduct any archaeological research;
(b)
excavate or expose relics or artefacts under the soil, or map, trace or touch rock
paintings; or
(c)
if he receives such permission, conduct archaeological research contrary to any
condition which may have been imposed in such permission or which may be
prescribed.
(2) A person who contravenes the provisions of subsection (1) commits an offence and is
liable upon conviction to a fine not exceeding P10 000 or to imprisonment for a term not
exceeding 1 year, or to both.
(3) The permission of the Minister in terms of subsection (1), shall not be deemed to
authorise the entry of any person upon any land, other than State land, without the
permission of the owner or lawful occupier thereof.
18.
No alterations, damage or removal without consent of Minister
(1) A person shall not, without the written permission of the Minister, given after
consultation with the Commissioner(a)
make any alterations to, or destroy or damage; or
(b)
remove or allow to be removed from its original site, or export or allow to be
exported from Botswana,
any national monument, monument, relic or recent artefact, or any part thereof.
(2) Any national monument, monument, relic or recent artefact which is removed from its
original site, shall, unless the Minister's written permission otherwise directs, be removed to
the National Museum and Art Gallery or such other place as the Commissioner may direct.
(3) A person who contravenes subsection (1) commits an offence and is liable upon
conviction to a fine not exceeding P10 000 or to imprisonment for a term not exceeding 1
year, or to both.
(4) In the case of any national monument, monument, relic or recent artefact, or part
thereof, situated in a Tribal Territory, no permission in terms of subsection (1) shall be given
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