INDUSTRY NEWS
“ Almost 90% of
all coastal sites will
require a heritage
impact assessment. ”
Pinnacle Point Estate
The relevant authorities
• If you don’t, you may get away with it and, if you are caught wilfully
breaking the law, the fine is a mere R300,000. That really isn’t much
but – you will have a criminal record! And you will need to retain a
lawyer for a few months to wangle out of it, and that’s likely to cost
more than R300,000. More importantly, you will almost certainly
be issued a stop works order, which could result in some very costly
delays. You may even be ordered to demolish any work you have
already done. It’s really not worth it.
• And, remember, anyone can lay a criminal charge in terms of the
Act – that little old lady walking her Yorkie, or the lycra-clad jocks
on mountain bikes. In the age of social media ther e are so many
watchdogs out there – including some dedicated local heritage
groups. Big Brother, Auntie May and her Yorkie are all watching you!
• It’s not just new-age, enviro-fascist, fossil-bunny-hugging. Identifying
the cultural resources on the land you intend to develop will enable
you to fully utilise any and all opportunities to most effectively and
profitably develop the site. But there’s also a less tangible but no
less important value. While archaeology and palaeontology deal
with things that have been long dead, they are living and vibrant
disciplines that contribute immensely to our understanding of what it
is to be human – and that changes the way we think of ourselves and
our neighbours. Usually for the better.
• Unlike equally important natural resources, heritage resources are
not renewable, and not self-healing. While they manifest as concrete
artefacts, their value lies in the insights they offer into our heritage
and history – and once they are disturbed, destroyed or degraded,
this intangible resource is gone. For ever.
Heritage is controlled on two levels. Sites or material of national
significance are in the jurisdiction of the South African Heritage
Resources Agency (SAHRA). Most of the balance is dealt with at
provincial level – in theory – but, in reality, only three provinces are
mandated to issue permits, and the rest are dealt with by SAHRA on an
agency basis. Of these three, the most efficient are Heritage Western
Cape (HWC) and Heritage KZN (Amafa).
The bottom line is that, like the legislation, the relevant authorities are
also undergoing a certain amount of evolution, and are learning as they
go along. So dealing with them is not that straightforward. As heritage
consultant Dave Halkett of ACO Associates says, ‘I’ve been doing this
for 30 years, and I still get surprised. The law is constantly changing
and being tested.’
Why bother?
It may seem like just one more tedious piece of red tape standing
between you and the first residents moving in, but there are good
reasons to not skip this step.
• It’s not expensive, and may cost less than the bathroom in your
demo house.
• It usually takes no more than a month or two but, of course,
complicated cases can take much longer. (But then the rewards
are also likely to be greater.)
Resources
• Eastern Cape Provincial Heritage Resources Authority www.
ecphra.org.za
• Heritage Free State www.heritagefreestate.co.za
• Amafa (Heritage KZN) www.heritagekzn.co.za
• Mpumalanga Heritage Resources Authority www.mpumalanga.
gov.za/dept/scr.htm
• Northern Cape Provincial Heritage Authority (Ngwao-Boswa
Jwa Kapa Bokone or NBKB) www.nbkb.org.za
• Heritage Western Cape (HWC) www.westerncape.gov.za/
public-entity/heritage-western-cape
• The Heritage Portal www.theheritageportal.co.za
• Aco Associates www.aco-associates.com
• SA Heritage Resources Authority www.sahra.org.za
Jennifer Stern
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