under a party by whom or on whose behalf the agreement was executed.
(7) For the purposes of this section an owner under legal disability may be represented by
any person legally competent to act on his behalf.
10.
Declaration of national monuments
(1) The Minister may, after consultation with the Commissioner, by order published in the
Gazette, declare any monument, relic or recent artefact to be a national monument:
Provided that at least one month before the declaration as a national monument of any
monument, relic or recent artefact which is not owned by the State, the Minister shall notify
the owner thereof in writing that he proposes so to declare the monument, relic or recent
artefact, and such owner may lodge with the Minister objections in writing to the proposed
declaration.
(2) Land on which a national monument is situated shall not be used for purposes other
than the protection and preservation of the national monuments, without the Minister's prior
written approval.
(3) No development of land within one kilometre of any national monument shall take
place without the Minister's prior written approval, which approval shall not be granted
unless the Minister is satisfied that(a)
such development will not be incompatible with the preservation of the national
monument; or
(b)
it is in the national interest for such development to be undertaken.
(4) The relevant land board, council or other land authority, as the case may be, for the
area in which the national monument is situated, shall advise the Commissioner of any
developments that are likely to interfere with the monument's integrity, setting or
atmosphere.
11.
Declaration of recent historic monuments, etc
The Minister may, after consultation with the Commissioner, by order published in the
Gazette, declare(a)
any structure, of national value, which was erected, constructed or used in
Botswana after 1st June, 1902, a recent historic monument;
(b)
any building, of national value, which was erected, constructed or used in Botswana
after 1st June, 1902, an historic building;
(c)
any drawing, painting, carving, ornament, implement, stone tool, bone, pottery, or
any other artefact, of national value, that was made or used in Botswana after 1st
June, 1902, a recent artefact; or
(d)
an area of land or region(i)
of national value; or
(ii)
containing one or more national monuments, monuments or sites, or a
combination thereof, if the Minister considers it necessary in order to preserve
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