The Developer Journal Issue 2 | Page 12

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 12