1. Presentation to Local Authorities
Heritage Western Cape
Presentation to Local Authorities
Proposed regulations in terms of Sections 30 and 31 of the NHRA

2. WHY
Heritage affirms cultural identity It is priceless and cannot be replaced The value of heritage – tangible (tourism) and intangible (spiritual) As human beings, our well being cannot be measured by tangible considerations alone

4. The Constitution Section 24 Everyone has a right:
to an environment that is not harmful to their health or well-being; and
to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that
i. prevent pollution and ecological degradation;
ii. promote conservation; and
iii. secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development

5. WHO In terms of NHRA 3 tiers:
National – Grade I – National Heritage Sites
Provincial – Grade II – Provincial Heritage Sites
Local - Grade III – Registers (listed) and Heritage Areas
Local Authorities must become competent to manage their Local Heritage Resources.

6. HOW Inventories are done in terms of S 30(5)
Heritage areas proposed in terms of S 31(1)
Before they can obtain legal status (promulgations) must have public participation
S30(8) and S31(6) require regulations to be made to provide for the public participation
As listing or establishing a heritage area can affect property rights, must be public participation

7. Section 30
Inventories prepared by the Local Authority must first be approved by HWC
HWC is responsible for the maintenance of the register
Approved inventory advertised for comment
Workshops may be held to inform property owners of the consequences of listing: mainly that permission to alter must be obtained from Local Authority.

8. Section 30 cont.
After public participation, the register must be finalised and promulgated.
Can happen in phases.
Database will be held by HWC
The register can be amended at any time

9. Section 31: Heritage Areas
Heritage areas identify areas of heritage significance.
Not all the buildings in a heritage area may be heritage resources, but any development within the area will have an impact on heritage
The context: streetscapes, townscapes, cultural landscapes, etc. must be protected

10. Section 31 Continued

11. Section 31 Continued
Heritage areas may be identified by the Local Authority or HWC
HWC may request a Local Authority to investigate the declaration of a heritage area.
If the Local Authority does not respond, or indicates that it cannot proceed with such declaration within 60 days, HWC may, with the consent of the Minister, proceed to declare the Heritage Area.

12. Benefits Certainty – residents and developers can identify
The operation of S34 can be lifted in areas outside of heritage areas – reduction in red tape
Does not mean that no development can take place, just within certain parameters.

13. By-Law
Conditions of management of the Heritage Area must be made provision for in a By-Law of the Local Authority
This By-Law will specify the manner in which applications are to be made to the Local Authority
It should also set heritage indicators or development parameters to guide development in the heritage area (these may be specific to that particular area)
The By-Laws must be approved by HWC

14. The regulations SS 30(7) & (8) state:
“(7) A provincial heritage resources authority shall not list a place in a heritage register without having consulted the owner of such place regarding inter alia the provisions to be established under subsection 11 for the protection of such place
“ (8) The MEC may, after consultation with the MEC for local government, prescribe the process of consultation referred to in subsection (7)”

15. The Regulations S 31(6) provides that:
“The MEC may, after consultation with the MEC for local government, prescribe the process of consultation referred to in subsection (5)”
(Heritage Areas)

16. The regulations are intended to allow for meaningful public participation without placing too much of a burden on the Local Authority.
The publication of registers for comment is the duty of HWC, as HWC is responsible for maintenance of the register.
Once an inventory has been approved, it will be published in terms of the Regulations, for comment from the public.

17. HWC may request that a Local Authority assist by:
keeping a copy of the information available for inspection by the public, and/or
Inserting a notice in the rates accounts sent to ratepayers
HWC will provide the Local Authority with copies of all comments/objections and request the Local Authority’s comments thereon prior to publication of the register.

18. THANK YOU
COMMENTS?
QUESTIONS?