In terms of heritage legislation certain heritage resources are afforded protection.
|Provincial Landmark||Any Proclaimed site which is the property of the province, district or local authority.||May not be altered or demolished/damaged without a permit.|
|Heritage Landmark||Any proclaimed site which is in private property.||May not be altered or demolished/damaged without a permit.|
|Heritage Object||Artifacts of substantial aesthetic, cultural or scientific importance, or connected to a site protected by the act.||May not be altered or damaged/destroyed, or removed from its place of storage without a permit.|
|Listed Items||Refer to the Heritage Register||May not be altered or damaged/destroyed, or removed from its place of storage without a permit.|
|General Protections.||Refer to Heritage Resources.||May not be altered or demolished/damaged without a permit.May not be removed from the province without a permit. Trade in items recovered from protected sites is illegal.|
Heritage resource management – Developments (Section 41)
- Lineal Developments (roads, walls, power lines, pipelines) greater than 300m in length
- Bridges greater than 50 m in length
- Proposed developments that will change the character of a site
- exceeding 5000m2
- involving three or more erven or subdivisions thereof
- involving three or more erven or subdivisions thereof that have been consolidated within the past 5 years
- the costs of which will exceed a sum set in terms of regulations
- Any other category of development provided for in regulations
If a proposed development contains any of the listed activities, the developer needs to complete and submit a Developments Application (FORM J – see guidelines for submission). The KZN Amafa & Research Institute will within two weeks reply to the developer as to whether an Heritage Impact Assessment (HIA) is required. Should an HIA be required, The Institute can provide a list of approved heritage practitioners to conduct an assessment and provide a report (See list on Home Page).
Should the proposed development trigger the need to obtain a permit a separate permit application must be submitted to either the Built Environment Section or the Archaeology Section. Permits will be issued based on the mitigation provided for in the HIA report. Usually only exceptional cases require a developer to substantially alter the plans for the proposal.
Developers should notify The Institute well in advance of proposed developments to ensure a timeous response. See the guidelines for the submission of permit applications to the Archaeology or Built Environment Review Committees of The KZN Amafa and Research Institute will assist developers.
See presentation under Resources on this website