Law

N A T I O N A L   H E R I T A G E   R E S O U R C E S   A C T   1 9 9 9

Preamble to the Heritage Act:

Our heritage celebrates our achievements and contributes to redressing past inequities. It educates, it deepens our understanding of society and encourages us to empathise with the experience of others. It facilitates healing and material and symbolic restitution and it promotes new and previously neglected research into our rich oral traditions and customs.

Section 34 (1) of the National Heritage Resources Act, 1999:

No person may alter or demolish any structure or part of a structure which is older than 60 years without a permit issued by the relevant provincial heritage resources authority.

Section 38 (1) of the National Heritage Resources Act, 1999:

Subject to the provisions of subsections (7), (8) and (9), any person who intends to undertake a development categorised as –

(a) the construction of a road, wall, powerline, pipeline, canal or other similar form of linear development or barrier exceeding 300m in length;
(b) the construction of a bridge or similar structure exceeding 50m in length;
(c) any development or other activity which will change the character of a site –
(i) exceeding 5 000 sq min extent; or
(ii) involving three or more existing erven or subdivisions thereof; or
(iii) involving three or more erven or divisions thereof which have been consolidated within the
past five years; or
(iv) the cost of which exceed a sum set in terms of regulations b SAHRA or a provincial
heritage resources agency;
(d) the re-zoning of a site exceeding 10 000 sq m in extent; or
(e) any other category of development provided for in regulations by SAHRA or a provincial heritage resources agency, must at the very earliest stages of initiating such a development, notify the responsible heritage resources authority and furnish it with details regarding the location, nature and extent of the proposed development.

Section 51 (1) of the National Heritage Resources Act, 1999:

Notwithstanding the provisions of any other law, any person who contravenes –
(c) Section 34 (1) is guilty of an offence and liable to a fine or imprisonment or both.

How do you proceed?

For any alterations to a structure older than 60 years contact your local heritage organisation. They will deal with your enquiry, and if necessary, refer you to the relevant provincial authority, or to SAHRA.

See AFFILIATED BRANCHES for contact details.

For the full version of the National Heritage Resources Act of 1999 download the pdf.

NHRA.pdf

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