Compliance

Where the KZN Amafa and Research Institute (The Institute) deems it to be in the best interest of the public it will require that a public consultation process be followed prior to it issuing permits for the demolition, damage to, alterations or additions to buildings, sites or graves. This requirement is usually applicable to all demolitions of structures that are over 60 years of age and all alterations/destruction of graves that are over 60 years of age. It will also apply to all alterations to heritage sites listed on the Schedule in terms of Sections 42 – 47 of the KZN Amafa and Research Institute Act (5/2018). The type and level of consultation will be determined by the Institute.

2.1.

Where The Institute intends to issue a permit or approval in the case of scheduled heritage sites, it will publish a notice of such intention on the website (record of decisions) and/or in the Government Gazette as soon after the approval as possible.

2.2.

The Institute will notify the municipality directly but will provide applicants with a set of standard forms for the applicant to deliver by registered mail or by hand to the other stakeholders, including the resident in the property, and immediate neighbours, and any others identified by the review committee.

2.3.

In addition to 2.2 all applications for damage, alterations or additions to or redecoration of structures protected in terms of Sections 42, 43, 44, 45 of the KZN Amafa and Research Institute Act (5 of 2018) – listed and permanently protected structures & sites – will undergo stakeholder consultation

2.4.

Applications for sensitive structures protected under the general protection of all structures over 60 years of age in terms of Section 37 of the Act will also undergo stakeholder consultation process as determined by the review committee. However, the Council of The Institute or its appointed review.

2.5.

Stakeholder Participation: The process referred to in 2.3 and 2.4 could be limited to immediate neighbours, but could include other stakeholders such as ward Councillors and ward committees, residents associations, and heritage societies or known interest groups in a particular area. The Commit-

2.6.

All responses/representations/objections must be forwarded to The Institute directly. Thirty days after the publication/posting of the notice is allowed for the lodging of responses/ representations/objections but The Institute must be notified of the intention to do so within fourteen days of the

2.7.

All costs relating to this process must be borne by
the applicant.

The following package of Public Participation Forms are to be made available to all stakeholders:

3.1

A Notification of Intention to Issue a Permit: for distribution to neighbours/stakeholders.

3.2

A Neighbour’s Consent Form: for consenting neighbours to sign in addition to signing on the submission plans.

3.3

A Notification of Intentionto lodge a Response/Objection/Repr esentation Form: to notify The Institute within 14 days of receipt of notification of proposal.

3.4

A Response /Objection/Representation Form: for setting out the grounds for objections in terms of the heritage legislation to be made available to all stakeholders for use in their submission of representations.

3.5

A poster: to be placed on the site/building/boundary

In terms of heritage legislation, certain heritage resources are afforded protection.

CATEGORY DESCRIPTION KEY 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 demolished/damaged 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.
  • 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
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