the authenticity or integrity of the national monuments, monuments or sites, or
the surrounding setting or atmosphere thereof, as a protected heritage area.
12.
Notification of discoveries
(1) The discovery of any monument, artefact, relic or any other discovery of an
archaeological nature, shall be notified in writing to the Commissioner without delay by the
discoverer, and also by the owner or occupier of the land upon which such discovery is
made, as soon as such discovery comes to his notice.
(2) Any person who makes such discovery in the course of any excavation or construction
shall immediately suspend such excavation or construction until the Commissioner has
directed(a)
whether the excavation or construction may proceed; and
(b)
if so, when and the manner in which the excavation or construction may proceed.
(3) The Commissioner shall, without unreasonable delay, give such directions.
13.
Minister's option to acquire ownership
(1) The Minister shall have a right of option to acquire for the State, after consultation with
the Commissioner, the ownership of any protected heritage area or national monument,
monument, relic or recent artefact, together with the site thereof, upon payment to the owner
thereof and to any other person having an interest therein or right thereover of the sum of
money to be agreed as fair and reasonable compensation or, failing agreement, upon
payment of such sum as may be determined by the High Court on application made by the
Minister or the owner of the protected area, national monument, monument, relic or recent
artefact, or the person having an interest therein or a right thereover.
(2) The right conferred by subsection (1) may only be exercised in order to secure the
utilisation of a protected heritage area or a national monument, monument, relic or recent
artefact 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 any protected heritage area, national monument, monument, relic or recent
artefact intended to be acquired, or as to the legality of the exercise by the Minister of the
right conferred by subsection (1) shall be determined by the High Court on application made
by the Minister or the person claiming to have the interest or right, before the protected
heritage area, national monument, monument, relic or recent artefact concerned is acquired.
14.
Minister's power to acquire access to national monument
(1) The Minister may, after consultation with the Commissioner, acquire rights of access
for members of the public and for persons exercising functions under this Act, to any
national monument situated on land not owned by the State, both across such land and
across any adjoining or adjacent land for payment to the owner thereof and to any other
person having an interest therein or right thereover of a sum of money to be agreed as fair
and reasonable compensation, or failing agreement, upon payment of such sum as may be
determined by the High Court on application made by the Minister.
(2) The right conferred by subsection (1) may only be exercised in order to secure the
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