(1) Subject to section fifty the local planning authority may serve on the owner and the occupier of a building which, in the opinion of the local planning authority, is of special architectural merit or historic interest an order restricting the demolition, alteration or extension of that building:
Provided that such an order may not be made in respect of—
(a) a monument which has been or is deemed to have been declared, in terms of subsection (1) of section 20 of the National Museums and Monuments Act
[Chapter 25:11], to be a national monument;
(b) a building not referred to in paragraph (a) unless the Executive Director of Museums has been consulted and any conditions stipulated by him are incorporated in the building preservation order.
(2) Notwithstanding any development order—
(a) a building preservation order may require that the consent of the local planning authority shall be obtained before any works specified in the building preservation order are executed; and
(b) where any works have been executed in contravention of the building preservation order, sections thirty-two, thirty-three, thirty-four and thirty-seven shall apply, mutatis mutandis.
(3) Where a building preservation order has been made, the local planning authority shall, at the expiry of the period allowed for appeals in terms of subsection (1) of section thirty-eight, submit to the Registrar of Deeds a copy of the order:
Provided that, if within that period an appeal is lodged in terms of section thirty-eight, the local planning authority shall not submit the copy of the order unless the Administrative Court rejects the appeal or the appeal is withdrawn or abandoned.
(4) Subject to section thirty-eight, on receipt of an order submitted in terms of subsection (3), the Registrar of Deeds shall endorse the title deed to the property concerned with the particulars of the order.
(5) The local planning authority shall, before issuing a permit in respect of an application for development which involves the demolition of the whole or a portion of a building in respect of which a building preservation order has been made, notify the Executive Director of Museums and, if he so requires, such permit shall include a condition requiring the applicant to afford reasonable access to the building to be demolished for the Executive Director of Museums or any member of his staff for such period as may be stated, not exceeding one month from the date of the permit.
(6) Where the local planning authority issues a permit in respect of an application for development which involves the demolition of the whole or a portion of a building in respect of which a building preservation order has been made, the local planning authority shall—
(a) where the demolition of the whole of the building is involved, notify the Registrar of Deeds of the permit who shall cancel the endorsement referred to in subsection (4);
(b) where the demolition of a portion of the building is involved, issue an appropriately amended building preservation order and this section shall, thereafter apply mutatis mutandis, in respect of that order as if it were the original building preservation order:
Provided that no appeal shall lie against the issue of an amended preservation order in terms of section thirty-eight and subsections (3) and (4) shall be construed in relation to an amended building preservation order accordingly.