South African Heritage Resources Agency - Built Environment Permitting Policy For National Heritage Sites Draft - 2021

Heritage
Conservation
Management
POLICIES
BUILT ENVIRONMENT PERMITTING POLICY

FOR NATIONAL HERITAGE SITES
File Plan Ref:

Year of implementation: 2021
TABLE OF CONTENTS
ABBREVIATIONS ........................................................................................................................................2
1. PURPOSE ..........................................................................................................................................3
2. SCOPE ...............................................................................................................................................4
3. LEGISLATIVE FRAMEWORK ...........................................................................................................5
4. NATIONAL ESTATE ..........................................................................................................................7
5. AIM OF THE SAHRA PERMIT POLICY ............................................................................................8
6. GENERAL PRINCIPLES OF THE BUILT ENVIRONMENT PERMIT POLICY .................................8
7. OTHER LEGISLATIVE REQUIREMENTS ..................................................................................... 10
8. PERMIT APPLICATION PROCEDURE AND REQUIREMENTS ................................................... 11
9. GUIDELINES FOR PERMITS TO ALTER A FORMALLY PROTECTED SITE ............................. 18
10. SITES OVER 60 YEARS OLD ........................................................................................................ 18
11. PERMIT APPLICATIONS TO REPRODUCE A NATIONAL HERITAGE SITE ............................. 20
12. PROCEDURE FOR CONSULTATION REGARDING A PROTECTED AREA .............................. 21
13. APPLICATIONS FOR WHICH PERMITS ARE NOT ISSUED ....................................................... 23
14. TRANSGRESSIONS ....................................................................................................................... 24
15. SUBMISSION OF SITE REPORTS ................................................................................................ 25
16. MONITORING ................................................................................................................................. 27
17. APPEALS PROCEDURE ................................................................................................................ 28
(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

Document Control Implementation Date Revision Date: PAGE
File Plan Ref.001 Page 1 of 29
ABBREVIATIONS
BE unit Built Environment Unit
AMAFA/Amafa KwaZulu-Natal Heritage Authority
ECPHRA Eastern Cape Heritage Authority
HRA Heritage Resources Authority
HWC Heritage Western Cape
NEMPAA National Environment Management: Protected Areas Act (No. 57 of 2003)
NHRA National Heritage Resources Act (No. 25 of 1999)
PHRA Provincial Heritage Resources Agency
PI Principal Investigator
HA Heritage Agreement
SAHRA South African Heritage Resources Agency
SAHRIS South African Heritage Information System
WHC World Heritage Convention Act,1999

BUILT ENVIRONMENT PERMITTING POLICY
BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES, BUILDINGS,

STRUCTURES AND LANDSCAPES (SECTIONS 27 (18), 29 (10) AND 34 (1) NHRA (NO. 25 OF 1999))
1. PURPOSE
1.1 Built environment resources (buildings, structures, sites, areas) are vulnerable and non-
renewable; it is therefore important to manage these resources in a transparent, fair, and
objective manner.
1.2 The objective of this policy document is to provide guidance on the management, protection,
alteration, and conservation of built environment heritage resources. The policy document will
also assist applicants 1 to submit the relevant information required for a permit application to be
deemed complete, as well as follow the necessary processes relevant to the permitting of built
environment heritage resources.
1.3 The National Heritage Resources Act (NHRA), (Act No. 25 of 1999) requires that permits (section
48) be acquired from the relevant heritage authorities for any alterations or development on any
formally protected heritage resource.
1.4 The purpose of the permit system for Built Environment Unit (BE unit) is to keep a record of the
alterations, developments, the preservation and/or research activities of built environment
heritage resources. It is also to ensure that where permits are issued, proper standards are
followed and maintained.
1.5 Examples of work that may require a heritage permit include, in accordance with Section 27(18)
of the NHRA (25 of 1999):
• All new construction, including new additions to existing structures and new
independent structures such as garages, sheds, porches, decks, and steps.
1
Applicant: Custodian/owner of national heritage resource(s) (site, building, structure, landscape, etc.) or consultant
applying on behalf of the custodian/owner. Consultant must have sufficient proof that he/she/firm has been appointed
by the custodian/owner of the national heritage resource(s) of interest.

• Alteration, addition, removal or replacement of windows, doors, porches, verandas,
chimneys, cladding, roofing material, trim, and other exterior details of a structure.
• Demolition of a structure or part of a structure.
• Change in paint colour of exterior elements of a structure, matching/in line with the
existing.
• Change in trim, cladding, door or window colour(s) or painting of masonry.
• Change in siding, soffit, facia, or roofing material.
• Repointing of brick.
• New signage.
• Hard landscaping such as the alteration, addition, removal or replacement of patios,

fences, gates, trellises, arbours, gazebos, retaining walls and walkways.
2. SCOPE
2.1 South Africa has a rich and varied built environment past, dating back to our earliest human
ancestors.
2.2 With the view to Protect, Maintain and Conserve heritage resources, the scope of this policy
document will broadly focus on the following areas related to permitting:
2.2.1 To destroy, damage, deface, excavate, alter, remove from its original position, subdivide,
or change the planning status of a national heritage site or a provincial heritage site under
section 27 (18) of NHRA.
2.2.2 To damage, deface, excavate, alter, remove from its original position, subdivide, or change
the planning status of a place that has been provisionally protected by the South African
Heritage Resources Agency (SAHRA), under section 29 of NHRA.
2.2.3 To alter or demolish any structure or part of a structure that is older than 60 years as
protected under section 34 of NHRA.

2.2.4 Reproduction for profit of a national heritage site, or part of a national heritage site, under
section 27 (23) of NHRA.
2.2.5 Principles and standards for workmanship where permits are issued.
2.2.6 Monitoring and responsibility through site reports.
3. LEGISLATIVE FRAMEWORK
3.1 Section 8 of the NHRA promotes a three-tier system of heritage resources management. This
section outlines responsibilities in the management of heritage resources, where SAHRA is
responsible for the management of Grade I resources. Provincial Heritage Resources
Authorities (PHRAs) are responsible for Grade II heritage resources 2, and Local Authorities are
responsible for the management of Grade III heritage resources. Such grading and criteria for
grading are outlined in section 7 (and SAHRA Regulations pertaining to grading3) of the NHRA.
3.2 SAHRA performs these functions on an agency basis on behalf of the PHRAs that are not
competent. However, Heritage Western Cape (HWC), Amafa KwaZulu-Natal (Amafa) and
Eastern Cape Provincial Heritage Resources Authority (ECPHRA) are managing built
environment matters within their respective provinces.
3.3 This excludes built environment sites, which have been declared Grade I (National Heritage
Sites) within these provinces, which is the competency of SAHRA. The export of all material or
objects is the responsibility of SAHRA as described in the gazette List of Types of Objects 4.
3.4 SAHRA established in terms of section 11 of the NHRA.
2
Refer SAHRA Built Environment Permitting Guidelines for National Heritage Sites 2021, for SAHRA Built
Environment Permitting Process for National Heritage Sites Flow Chart
3
Government Notice 694 30 May 2003
4
Government Notice 1512 6 December 2002

3.5 The South African Heritage Resources Information System (SAHRIS), SAHRIS is a tool that
enables the efficient coordination and management of South Africa heritage; and the
maximization of benefit to be attained from heritage resources. Through SAHRIS, SAHRA can
provide a heritage management tool to all heritage bodies and custodians of heritage, as well
as to local planning authorities and provincial heritage resources authorities. SAHRA views the
custodians of heritage resources as integral and fundamental part in the SAHRIS project and
in providing forums for meaningful participation.
3.6 The NHRA defines “heritage resource” as: “…any place or object of cultural significance; (xi).”
3.7 The NHRA defines “heritage site” as: “…a place declared to be a national heritage site by
SAHRA, or a place declared to be a provincial heritage site by a provincial heritage resources
authority; (xv).”
3.8 The NHRA defines “site” as: “…any area of land, including land covered by water, and including
and including any structure or objects thereon; (xiii).”
3.9 The NHRA defines “structure” as: “…any building, works, device, or other facility made by
people and which is fixed to land, and includes any fixtures, fittings and equipment associated
therewith; (xil).”
3.10 The NHRA defines “conservation”, in relation to heritage resources, as including: “…protection,
maintenance, preservation and sustainable use of places or objects to safeguard their cultural
significance; (vi).”
3.11 The NHRA defines “cultural significance” as: “…aesthetic, architectural, historical, scientific,
social, spiritual, linguistic or technological value or significance; (xix).”
3.12 The NHRA defines “alter” as: “…any action affecting the structure, appearance of physical
properties of a place or object, whether by way of structural or other works, by painting,
plastering or other decoration or any other means; (xiiil).”

3.13 The NHRA defines “land” as to include: “…land covered by water and the air space above the
land; (xvii).”
3.14 The NHRA defines “development” as: “…any physical intervention, excavation, or action, other
than caused by natural forces, which may in the opinion of a heritage authority in any way result
in a change to the nature, appearance of physical nature of a place, or influence its stability and
future well-being, including-
3.14.1 Construction, alteration, demolition, removal or change of use of a place or structure at a

place.
3.14.2 Carrying out any works on or over or under a place.
3.14.3 Subdivision or consolidation of land comprising, a place, including the structures or airspace
of a place.
3.14.4 Constructing or putting up for display signs or hoardings.
3.14.5 Any change to the natural or existing condition or topography of land; and any removal or
destruction of trees, or removal of vegetation or topsoil; (xxix).”
4. NATIONAL ESTATE
4.1 Formally declared National Heritage sites materials and objects form part of the national estate
defined in Section 3 of the NHRA as: “…those cultural resources of cultural significance or other
special value.”
4.2 SAHRA must safeguard these resources so that they may be conserved for present communities
and bequeathed to future generations. It is the responsibility of SAHRA to co-ordinate and
monitor the management of the national estate by establishing national principles, standards,
and policies.

4.3 SAHRA aims to achieve this objective by adhering to the following principles:
4.3.1 Identify, record, and manage nationally significant heritage resources and keep permanent
records of such work.
4.3.2 Promote and encourage public understanding and enjoyment of the national estate and
public interest and involvement in the identification, assessment, recording and
management of heritage resources.
5. AIM OF THE SAHRA PERMIT POLICY
The policy aims to:
5.1 Ensure that alteration work for which a permit is required from SAHRA is done according to
principles and standards of workmanship that is of the highest measure and quality; that accepted
best practice methods and protocols are always employed and are relevant to the South African
context; and that the integrity of principle investigator (and all stakeholders) is not compromised.
5.2 Ensure that heritage sites and resources are conserved for future generations.
5.3 Balance the economic needs of the country with the need for conservation, where this applies to
developments.
6. GENERAL PRINCIPLES OF THE BUILT ENVIRONMENT PERMIT POLICY
6.1 Permits that may be applied for include alteration, development, demolition, and construction of
temporary and permanent structures.
6.2 If the applicant is applying for a permit from SAHRA, the applicant must consult SAHRA
regulations regarding permitting5.
5
Government Notice 548 2 June 2000

6.3 If the applicant is applying for a permit for work in, or related to a heritage resource, from a
province with a fully functional PHRA, such application must be made to the relevant PHRA,
except where such application is for export of a heritage object(s).
6.4 Permit applications are subject to a fee6 and the SAHRA fees schedule must be consulted; as a
guideline, the following permit applications are subject to a fee:
• Alterations
• Development
• Research
• Removal from original position
• Subdivision or change of planning status.
6.5 When applying for a permit the following conditions shall apply:
6.5.1 Permits are issued to South African citizens and persons with permanent resident status in
South Africa or scientists affiliated with a recognised institution in South Africa.
6.5.2 Applications must be for legitimate reasons.
6.5.3 Permits are issued to persons whom SAHRA deems to be qualified and/or who have the
required expertise and experience in the specific area of specialization, for which the permit
has been applied for.
6.5.4 It is generally expected that the applicant must have a minimum of a Masters Degree to be
the principle permit holder irrespective of the type of permit being applied for.
6
Government Notice 669 8 July 2005

6.5.5 If the applicant is not suitably qualified, it will be necessary for him or her to obtain the
services of a qualified person/ industry specialist.
6.5.6 SAHRA may request the Curriculum Vitae and/or Work Portfolio of the applicant or of the
person who will be undertaking the work.
6.5.7 Where the applicant holds an Honours degree and the intended work is for research
activities on a site to obtain a further degree, the permit will be issued in the name of the
supervisor/promoter who will act as the permit holder. It follows that it is the responsibility
of the permit holder to supervise all work and the submission of permit reports. It should
also be noted that SAHRA will review this type of permit application on a case-by-case
basis, to determine the most appropriate permitting.
6.5.8 Written landowner permission must be obtained before a permit may be issued for research
or mitigation permits.
6.5.9 The applicant must always have a copy of the permit available on site..
6.5.10 The permit holder must submit detailed annual progress reports and a final Permit
Report/Closing Report within one year of the expiry date of the permit. In instances, where
such conditions (or any other conditions) are not complied with, SAHRA reserves the right
to cancel the permit or refuse to renew such permit.
7. OTHER LEGISLATIVE REQUIREMENTS
7.1 Approval from SAHRA does not negate the need to obtain authorization or not to comply with any
conditions with respect to other legislation. Permit holders must familiarize themselves with any
other legislation that impose additional conditions. These might include, but not limited to, the
following pieces of legislation:
• National Environmental Management Act (No. 107 of 1998)

• National Environment Management: Protected Areas Act (NEMPAA) (No. 57 of 2003)
• World Heritage Convention Act (No. 49 of 1999)

7.2 In some instances, a heritage site may be declared a World Heritage Site. In such cases, permit
holders must always ensure that:
7.2.1 Activities conducted on a site will not negatively impact on the Outstanding Value of the
property.
7.2.2 Proposed work is done in accordance with approved Management Plans.
7.2.3 The overall aesthetics of the site are taken into consideration and the potential gain of a
particular activity is in balance with the site’s conservation worthiness.
8. PERMIT APPLICATION PROCEDURE AND REQUIREMENTS
8.1 Section 48 (1) of NHRA states that a HRA may prescribe the way a permit application is made,
including other requirements, to the HRA.
8.2 Permit applications to:
“destroy, damage, deface, excavate, alter, remove from its original position, subdivide or
change the planning status of a national heritage site, provincial heritage site, provisionally
protected place or structure older than 60 years. The permit holder must have a copy of the
permit available in the field.” (Section 27(18) NHRA (25 of 1999))
must be submitted through SAHRIS, which is found via SAHRA’s website; or directly at:
https://sahris.sahra.org.za/
8.3 The relevant application form found on SAHRIS must be completed following SAHRA’s
guidelines. Other requirements related to the application must also be complied with,
and as a basic principle the following information must be supplied:
8.3.1 The name and address, erf/stand/ farm number or geographical co-ordinates of the place,
and the magisterial district.

8.3.2 The name, address, telephone and/or fax number of the planning authority for the place.
8.3.3 The number and date of the notice of declaration or provisional protection in the Gazette.
8.3.4 A statement of conservation policy/Conservation Management Plan for the place.
8.3.5 An annotated recording of the place or parts of the place to be affected by the action(s) for
which application is made, in accordance with SAHRA guidelines.
8.3.6 Details of the action(s) for which application is made, in accordance with SAHRA guidelines.
8.3.7 Motivation for the action(s), including supporting documentation and research, in
accordance with guidelines.
8.3.8 Details of the cost of the action(s).
8.3.9 The name, identity number, address, telephone and/or fax numbers, qualifications, relevant
experience, and signature of the person who will be responsible for the action(s).
8.3.10 The name, identity number, address, telephone and/or fax numbers and signature of the
owner.
8.3.1 Heritage case applications should include:
a) Written Description - The applicant must provide a complete written description of

all proposed work. The description should complement drawings, detailed
construction plans, photos and any other sketches or supporting information
submitted with the application. The written description must include a list of all
proposed work and the details of all proposed work including, but not limited to,
proposed colours, materials, sizes, etc.
b) Construction and Elevation Drawings - Along with construction elevation drawings

(drawn to scale), the applicant may also, but not in lieu of, submit a sketch of the
proposed work made over a photograph.

c) Digital copy of all drawings.
d) Digital copy of all photographs.
8.3.2 Information on drawings and visual materials should include:
a) Site plan or a current survey of the property that shows all structures, all critical
setbacks and distances from adjacent properties, and the location of all proposed work
to structures and/or landscaping.
b) Architectural drawings to clearly illustrate the proposal, showing all proposed changes
to all structures, including:
- Elevations
- Floor plans (these will be used for internal review purposes only and will not be
made available to the public)
- Clear dimensions of building proportions and massing
- Clear dimensions of door and window openings with respect to size, type and
style
- Vertical dimensions from existing and proposed grade, finished floor level, roof
slopes, mechanical vents and equipment, fixtures, signage, outdoor lighting,
and other relevant elements of the proposed alterations
c) Detailed information including trim, siding, mouldings, etc., including sizes and profiles.
d) Construction methods and means of attachment (must also be included in the written
description).
e) 3-D drawings or artist renderings of proposed work for large scale projects.
f) Photographs of the property, including:
- Photographs of the front of the property showing the main structure
- Photographs of the nearby streetscape and neighbouring properties
- Photographs of all applicable portions of the property and structures
g) Landscape details including architectural drawings of patios, fencing, arbours, and

other hard landscaping.
h) Physical and/or visual samples of materials proposed to be used.
8.4 Examples of windows, roofing materials, cladding materials (i.e., traditional roughcast stucco,
stone, brick, wood), landscaping materials. A permit will only be issued for actions that are in
accordance with the general principles for heritage resources management that are set out in
NHRA’s section 5 and any principles prescribed under section 6.

8.4.1 Permits for work on national heritage sites will be issued only for action(s) to be undertaken
by persons who, in accordance with guidelines, are suitably qualified and/or have suitable
experience in terms of:
- the nature and cultural significance of the place concerned; and
- the work to be undertaken.
8.5 SAHRA shall acknowledge receipt of the application and notify the applicant:
8.5.1 Whether the application is complete or additional information is required.
8.5.2 The approximate time it will take to process the application.
8.5.3 In instances where the application will be considered at a meeting; the date, time and venue
of the meeting will be communicated.
8.5.4 Whether or not any fees are payable, in accordance with guidelines. Application fee may
not exceed 1 percent of the cost of the action/s for which application is made.
8.6 A permit is not transferable.
8.7 SAHRA may, at its discretion, refer an application to experts in the field for assessment and
advice on the issuing of a permit and on any conditions that should be imposed.
8.8 A permit approval may be conditional to requirements set out by SAHRA; such may include inter
alia:
8.8.1 Financial Deposit:
In some instances, before a permit is issued, a financial deposit to be lodged and held in
trust for the duration of the permit or such period as SAHRA may specify. Such conditions

may also include forfeiture of the deposit should the applicant not fulfill the permit conditions
or if the authorized actions are not completed satisfactorily.
8.8.2 Security:
In some instances, after the permit is issued, the applicant may be required to give security
in such form and such amount determined by SAHRA, having regard to the nature and
extent of the work referred to in the permit. This is to ensure the satisfactory completion of
such work or, the curation of objects and materials recovered during the course of the work.
8.8.3 Recycling of materials:
The permit applicant provides a recycling bank; or deposit historical building materials in
specified materials bank.
8.8.4 Reconsideration of Proposals:
Stipulating that design proposals be reconsidered or revised.
8.8.5 Scope of Qualification and Expertise:
Stipulating that the applicant is required to perform actions only to which the permit has
been issued, and such actions are within stated qualifications and expertise.
8.8.6 Heritage/Conservation Consultant:
In instances, whereby SAHRA deems the proposed works in the permit application to be
extensive to the heritage site, SAHRA may issue the permit in principle, however only on
condition that a heritage/conservation consultant must be involved and may be appointed
by SAHRA. The role of the heritage/conservation consultant is to ensure that adequate
research is conducted, a statement of heritage significance is drawn up, and that the
proposals are in accordance. Further, the heritage/conservation consultant must be

involved with the project from inception to completion and should take responsibility for
overseeing the conservation related matters on site.
8.8.7 Archaeological Investigation:
An archaeological investigation to be conducted of any development on a site that has

been occupied for a significant period of time, and of which has not been destroyed by
previous excavations, for example basement construction. This is particularly applicable in
older towns and cities but may also be important in the immediate vicinity of farmsteads.
Costs for such investigations will be the developer’s account. If it becomes known or
suspected to be an archaeological site, any works should be suspended and SAHRA
should be consulted immediately.
8.8.8 Recording of Structures:
In instances, when the demolition of a structure that may be of significance for future
research is unavoidable, SAHRA may grant an application permit on condition that a
recording is made of the structure.
a. The exact nature of the recording required should be carefully specified. For
example, depending on the degree of significance, the complexity of the structure
and the extent of information already available (such as original architect’s plans), a
normal recording would consist of:
- an accurate, annotated, and measured plan; at least on a 1:100 scale – 1:50.
- photographs (preferably black and white prints) of all elevations and any
notable details.
- elevations should be photographed with a vertical measuring rod

positioned flush against the façade.
- photographs of details should also contain an object that can be matchbox or

pen will usually be adequate).
- the photographs should be keyed to the plan.

b. If the structure is likely to be particularly important for future researchers, a
perspective-corrected or even photogrammetric recording of the facades may be
required.
c. SAHRA may specify that a copy of the recording be provided to them prior to the
demolition of the structure.
d. SAHRA may specify that a permit application will be granted only upon the applicant
providing the recording to SAHRA. A specific period must be communicated to the
applicant and SAHRA must grant the application within the timescale.
8.9 No later than 12 months of the completion of the authorized work the permit holder must submit
to SAHRA a report for works completed under authority of a permit, conforming to the standards
set out in the guidelines.
8.10 SAHRA may cancel a permit at any time if it has reasonable grounds to believe the permit holder
has not complied with the permit conditions.
8.11 In the permit application the researcher must strongly motivate the necessity to collect in a
formation/group.
8.12 A formation/group collection permit may only be issued to selected researchers affiliated with
South African institutions, and the collection shall apply exclusively to the formation/group that
is permitted. A researcher is permitted to apply for and hold more than one formation/group
collection permit at any given time.
8.13 Masters and PhD students as well as postdoctoral research fellows that are directly associated
with the researcher may collect under the researcher’s formation/group collection permit. The
name and academic level of all students/postdoctoral research fellows working under this permit
must be provided when applying for the permit as well as in the annual and final permit reports.
Additional associated students/ research fellows may be added to the permit at a later stage;
however, students/ research fellows must always be added to the permit before the student/
research fellow commences the field work.

9. GUIDELINES FOR PERMITS TO ALTER A FORMALLY PROTECTED SITE
9.1 Control of this Section of NHRA is the most important function of SAHRA, in terms of preservation
of a formally protected site.
9.2 When considering a permit application involving a formally protected site, the Notice of
Declaration should always be available, since the extent of the protected area and the
significance (reasons for declaration) of the concerned site, may affect the outcome of the permit
application.
9.3 When the subdivision of a formally protected site is approved, it should always be pointed out to
the applicant that the subdivided portions remain protected, and therefore any alteration on any
portion is subject to the approval of the relevant HRA. Alternatively, a PHRA may recommend
de-proclamation of a portion to SAHRA.
9.4 In the case of subdivisions or consolidations of formally protected sites, it must be remembered
that the new title deeds must be endorsed, and the site records held by SAHRA will require
updating.
9.5 An application to destroy or damage a formally protected site would be a contentious matter,
therefore the Heritage Officer should refer such applications to the Council where advice will be
provided.
9.6 A permit to change the planning status of any formally protected site must be sought, and
officially lodged before any change is made.
10. SITES OVER 60 YEARS OLD
10.1 Section 34 (1) of NHRA, states that no person may alter or demolish any structure of part of a
structure that is older than 60+ years without a permit issued by the relevant PHRA.

10.2 Section 34 (2) of NHRA, states that within three months of the refusal of the PRHA to issue a
permit, consideration must be given to the protection of the place concerned in terms of one of
the formal designations provided for in part 1 of this Chapter.
10.3 The formal designation is given to SAHRA as stated in Section 27 (1). However, to prevent a
burdensome amount of or irrelevant applications under this section, SAHRA should try to
establish a working relationship with local authorities such that only applications affecting
conservation-worthy properties are referred to SAHRA.
10.4 It is appreciated that this is feasible if a heritage survey of a town exists; and the 60+ years
clause is lifted where sites that have been identified in a particular area have been formally
protected.
10.5 It follows that SAHRA should be aware of the archaeological implications on permits issued for
any work on a historical site, as historical archaeological deposits could be destroyed. Therefore,
SAHRA’s BE unit and APM unit must liaise in such matters.
10.6 However, BE unit must be cautious about being too rigorous in their application of NHRA’s
Section 34 (1). Particularly so, with temporary structures. Valuable time can be wasted on
discussions and negotiations about relatively minor applications, which would have immaterial
impact on the national heritage. In such cases, it is best to deal with applications swiftly and
decisively.
10.7 As a general guideline, BE unit should not devote too much time on a permit application in terms
of NHRA’s Section 34 (1) unless prepared to recommend further protection of the property in
question. In such cases, the option to make Authority is preferable.
10.8 Changes in planning status of 60+ year old structures do not require a permit issued by SAHRA.

11. PERMIT APPLICATIONS TO REPRODUCE A NATIONAL HERITAGE SITE
11.1 This part of regulation applies to anyone applying for a permit to make a reproduction for profit
of a national heritage site, or part of a national heritage site under section 27 (23) of NHRA.
11.2 Reproduction for profit includes the making and use of an image either in two or three dimensions
for the purposes of:
11.2.1 Sale or lease; or
11.2.2 Advertising; or
11.2.3 Promoting; or
11.2.4 Decorating any product or service offered for sale or lease; or
11.2.5 Any activity for which a fee will be charged.
11.3 The making of a unique, individual image by hand without the use of mechanical reproductive
techniques is not deemed to be making a reproduction for profit, even if the image itself if offered
for sale or lease.
11.4 Applications to make a reproduction for profit (as stipulated in 11.2 above) must be
officially submitted on a form, available from SAHRA.
The following information must be supplied:
11.4.1 The name and address, erf/stand/farm number or geographical co-ordinates of the site.
11.4.2 The number and date of the notice of declaration protection in the Gazette.

11.4.3 A full and accurate description of the proposed reproduction, including its size, colours,
materials, any wording associated with it, methods of reproduction, and a scale
drawing/model or sample.
11.4.4 The purpose of the reproduction, estimated numbers to be made and methods of
distribution.
11.4.5 The name, identity number and contact details including address, telephone and/or fax
numbers and signature of the owner.
11.4.6 The signed consent of the owner for the proposed reproduction
11.4.7 The name, identity number and contact details including, address, telephone and/or fax
numbers and signature of the applicant.
11.4.8 The application fee as stipulated in the guidelines.
11.5 SAHRA may issue a permit subject to the payment of a fee per reproduction. The applicant
should provide the hosting institution and SAHRA with published results of the sampling and
analysis.
12. PROCEDURE FOR CONSULTATION REGARDING A PROTECTED AREA
12.1 This part of the regulation applies to any person(s) with intention to damage, disfigure, alter, and
subdivide; or, in any other way develop any part of an area designated as protected area by
SAHRA.
12.2 The person(s), here forth referred to as the applicant, must consult SAHRA at the earliest
possible stage, and at least 60 days before the initiation of any activity at the protected area.
The following information must be supplied:

12.2.1 The name and location of the national heritage site, wreck, or mine dump to be covered by
the protected area.
12.2.2 The number and date of the notice of designation of the protected area in the Gazette.
12.2.3 The number and date of the notice of any regulation for the protection of the area in the
Gazette.
12.2.4 Details of the proposed action(s) or development, accompanied by sufficient plans,

drawings, and photographs to illustrate the effect on the protected area.
12.2.5 The name, identity number and contact details, including the address, telephone number
and/or fax numbers of the owner.
12.2.6 The signed consent of the owner for the proposed action(s) or development.
12.2.7 The comments of the local authority regarding the proposed action(s) or development.
12.2.8 The name, identity number and contact details, including the address, telephone number
and/or fax numbers and signature of the person who will be responsible for the proposed
action(s) or development.
12.2.9 Any other relevant information requested by SAHRA.
12.3 SAHRA will consider the proposals and may consult any other person(s) or authority
it deems appropriate.
12.4 SAHRA must make its final comments and recommendations within 45 days of receipt of the
information listed in regulation 12.2 above.

13. APPLICATIONS FOR WHICH PERMITS ARE NOT ISSUED
13.1 SAHRA does not issue a formal permit for applications in terms of: Good scientific standards
include keeping destruction/damage of fossils and immediate surroundings to a minimum.
13.1.1 Land in the vicinity of a formally protected heritage site.
13.1.2 Approvals in terms of Section 38 of NHRA of 1999.
13.1.3 Properties within heritage areas.
13.1.4 Comments on planning initiatives.
However, SAHRA can issue a letter of no objection quoting any relevant NRHA clause.
13.2 It is inevitable that on occasion, it may require a Heritage Officer to use their discretion when
responding to planning initiatives carried out by the local authority and provincial administration.
The Act requires the identification of conservation worthy structures in any submitted plans;
therefore, an understanding between SAHRA and other HRAs needs to be reached as to what
issues may be handled by PHRAs and what issues must be referred to SAHRA for comment
before a permit application is approved. Material must be stored using containers or bags and
labelled appropriately (if possible, field name/number, locality name, formation name,
stratigraphic layer, GPS coordinates).
13.3 SAHRA may make comment on matters not directly stipulated in the Act if there are conservation
implications. When commenting, cognizance must be taken of the impact of the change of use
on the conservation potential of the property as well as its environmental context. As such, it will
be necessary for SAHRA to support any comment it makes (whether in support or object to the
rezoning application) with substantial information and establish the locus standii of the HRA
concerned.

14. TRANSGRESSIONS
14.1 It is inevitable that SAHRA will encounter occasional transgressions/contraventions of the

provisions of the NHRA Act, Heritage Officers should be responsible in their approach, but firm
and consistent in their actions when dealing with such cases. SAHRA must be consulted before
any palaeontological material is moved to a different repository.
14.2 Any transgressor should, in the first instance, be informed by the Principal Investigator (PI) of
their transgression by highlighting the provisions of the Act and the consequence which is liable
for prosecution.
14.3 However, it is preferable to attempt to persuade the transgressor to correct the transgression
without resorting to threats. As such, Heritage Officers and PIs must bear in mind that the State
Prosecutor has, on several occasions, declined to prosecute in seemingly strong cases; and
SAHRA has very limited resources for legal action.
14.4 In cases whereby a Heritage Agreement (HA) between the transgressor and SAHRA exists, the
PI must also consult this document before informing the transgressor of their transgressions;
and reference to this document must also be made.
14.5 For a transgression deemed minor, and when appropriate, SAHRA may condone such after
informing the transgressor about the transgression. The letter condoning the minor transgression
must be send to all concerned person(s) stating:
“…after careful consideration of all the facts at SAHRA’s disposal, a decision has been reached
not to pursue the matter further…”
SAHRA may also issue a permit in this regard.
14.6 In cases whereby SAHRA considers the transgression to have significant implications
and as such should be pursued, the matter must be taken up with the Chief Executive Officer.

15. SUBMISSION OF SITE REPORTS
15.1 For all permits issued, permit holders must submit to SAHRA or any other HRA site reports in
fulfillment of the conditions under which the permit has been issued.
15.2 The purpose of site reports is to provide SAHRA with an accurate record of work being
undertaken, and or completed, in fulfillment of the conditions of the permit. As stated in the NHRA
section 13 (12) (b), SAHRA.
” …must establish and maintain, for its own use and for the use of all heritage authorities and
bodies and public, the national heritage resources library, including documentary and other
records relating to the national estate.
15.3 In order, to fulfill this provision (NHRA section 13 (12) (b)), SAHRA shall apply the following
principles:
15.3.1 The permit holder is required to forward (via email) to SAHRA an interim and final site
reports to the relevant SAHRA Heritage Officer, in this case the Built Environment Unit,
within one year of the lapsing of a permit demonstrating the fulfillment of the conditions in
which the permit was issued.
15.3.2 For continuous work (longer than the two years period of a permit), additional annual site
reports must be submitted to SAHRA each year after the permit was issued.
15.3.3 In instances of failure to submit site reports, submission of sub-standard reports or where
SAHRA or the HRA deems the work being conducted is not in fulfilment of the permit issued,
SAHRA or the HRA may cancel the current permit, refuse to renew it, or issue future permits
to the permit holder.
15.3.4 Access to site reports submitted to SAHRA may be made available upon request from
SAHRA and only in instances where the purpose for the use of the reports has been

adequately motivated. Such requests should be made at least three years after the permit
has expired.
15.3.5 Permit report templates should be used, these may be downloaded from SAHRIS at
https://sahris.sahra.org.za/
15.4 All site reports submitted to SAHRA in fulfillment of the conditions under which the permit has
been issued must, at minimum, contain the following information:
15.4.1 A title page with the name of the permit holder, permit number and the date of site report.
15.4.2 Executive summary.
15.4.3 Table of contents.
15.4.4 Objective of the works being undertaken.
15.4.5 A map indicating the location of the site.
15.4.6 A description of the works underway and preliminary analysis of results.
15.4.7 The name of the registered company or organization undertaking the work.
15.5 In instances of academic research, permit holders must publish the results of the works
undertaken at sites, wherein the permit was issued. Copies of all publication, reports and theses
relating to material or knowledge acquired (even where this is done by other researchers or
students) must be emailed or couriered to SAHRA for the National Heritage Library; to Address
Head Librarian, South African Heritage Resources Agency,
111 Harrington Street, Cape Town, 8001.

16. MONITORING
16.1. SAHRA’s Heritage Officer(s), or any other authorized representative of SAHRA may at any
reasonable time inspect any site or object for which a permit has been issued; or for which a
permit is being applied.
In this view, SAHRA:
16.1.1 Shall monitor any work being undertaken in terms of a permit issued.
16.1.2 May cancel an existing permit, refuse to grant a permit request, or refuse to renew a permit
if:
- Conditions are not met.
- SAHRA has reason to believe that the applicant is not qualified or adequately
experienced to undertake the work in which the permit is being requested or has
been issued.
16.2. In instances of research, SAHRA reserves the right to submit unpublished reports if it is not
satisfied that the information published has been sufficiently reported.
16.3. In instances of research, SAHRA may refuse to issue further permits if analysis of material
previously recovered from a site is incomplete or unsatisfactory.
16.4. Monitoring and reporting:
16.4.1. It is the responsibility of the permit holder to supervise all work and the submit all relevant
permit reports.
16.4.2. No later than 12 months of the completion of the authorized work the permit holder must
submit to SAHRA a report for works completed under authority of a permit, conforming to
the standards set out in the guidelines.
16.4.3. If the project is ongoing, the permit holder must submit detailed annual progress reports
and a final Permit Report/Closing Report within one year of the expiry date of the permit. In
instances where such conditions (or any other conditions) are not complied with, SAHRA
reserves the right to cancel the permit or refuse to renew such permit.

17. APPEALS PROCEDURE
17.1 SAHRA appreciates that some applicants will occasionally be dissatisfied with the outcome of
their application for a permit and consequently wish to appeal against the decision.
17.2 Applicants, interested and or affected parties wishing to appeal are advised that:
17.2.1 Any In the first instance they may do so to the Council by officially lodging their
appeal at …………….
17.2.2 Only if the appellant is dissatisfied with the Council’s decision should they appeal to the
Minister of Sports, Arts and Culture.
17.2.3 Appeals based on conservation principles may be made on any decision made by SAHRA
or HRA.
17.2.4 The permit applicant and all parties that made representation at the time of the decision
being taken will be notified of the decision of the outcome and subsequent decisions,
including the right of appeal.
17.2.5 Appeals must be lodged within fourteen calendar days of issuing the record of decision.
17.2.6 Appeals will be heard within twenty calendar days of an appeal being lodged.


South African Heritage Resources Agency - Built Environment Permitting Policy For National Heritage Sites Draft - 2021

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

South African Heritage Resources Agency - Built Environment Permitting Policy For National Heritage Sites Draft - 2021

Uploaded by

Copyright:

Available Formats

Heritage

BUILT ENVIRONMENT PERMITTING POLICY

File Plan Ref:

3. LEGISLATIVE FRAMEWORK ...........................................................................................................5

4. NATIONAL ESTATE ..........................................................................................................................7

5. AIM OF THE SAHRA PERMIT POLICY ............................................................................................8

6. GENERAL PRINCIPLES OF THE BUILT ENVIRONMENT PERMIT POLICY .................................8

7. OTHER LEGISLATIVE REQUIREMENTS ..................................................................................... 10

8. PERMIT APPLICATION PROCEDURE AND REQUIREMENTS ................................................... 11

9. GUIDELINES FOR PERMITS TO ALTER A FORMALLY PROTECTED SITE ............................. 18

10. SITES OVER 60 YEARS OLD ........................................................................................................ 18

11. PERMIT APPLICATIONS TO REPRODUCE A NATIONAL HERITAGE SITE ............................. 20

12. PROCEDURE FOR CONSULTATION REGARDING A PROTECTED AREA .............................. 21

13. APPLICATIONS FOR WHICH PERMITS ARE NOT ISSUED ....................................................... 23

14. TRANSGRESSIONS ....................................................................................................................... 24

15. SUBMISSION OF SITE REPORTS ................................................................................................ 25

16. MONITORING ................................................................................................................................. 27

17. APPEALS PROCEDURE ................................................................................................................ 28

(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

BE unit Built Environment Unit

AMAFA/Amafa KwaZulu-Natal Heritage Authority

ECPHRA Eastern Cape Heritage Authority

HRA Heritage Resources Authority

HWC Heritage Western Cape

NEMPAA National Environment Management: Protected Areas Act (No. 57 of 2003)

NHRA National Heritage Resources Act (No. 25 of 1999)

PHRA Provincial Heritage Resources Agency

SAHRA South African Heritage Resources Agency

SAHRIS South African Heritage Information System

WHC World Heritage Convention Act,1999

(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES, BUILDINGS,

(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

• Demolition of a structure or part of a structure.

• Change in trim, cladding, door or window colour(s) or painting of masonry.

• Change in siding, soffit, facia, or roofing material.

• Hard landscaping such as the alteration, addition, removal or replacement of patios,

(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

2.2.6 Monitoring and responsibility through site reports.

3.4 SAHRA established in terms of section 11 of the NHRA.

(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

3.14.1 Construction, alteration, demolition, removal or change of use of a place or structure at a

3.14.2 Carrying out any works on or over or under a place.

3.14.4 Constructing or putting up for display signs or hoardings.

(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

5. AIM OF THE SAHRA PERMIT POLICY

The policy aims to:

6. GENERAL PRINCIPLES OF THE BUILT ENVIRONMENT PERMIT POLICY

(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

• Removal from original position

• Subdivision or change of planning status.

6.5.2 Applications must be for legitimate reasons.

(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

7. OTHER LEGISLATIVE REQUIREMENTS

• National Environmental Management Act (No. 107 of 1998)

(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

7.2.2 Proposed work is done in accordance with approved Management Plans.

8. PERMIT APPLICATION PROCEDURE AND REQUIREMENTS

8.2 Permit applications to:

(BUILT ENVIRONMENT PERMITTING POLICY FOR NATIONAL HERITAGE SITES)

8.3.4 A statement of conservation policy/Conservation Management Plan for the place.

8.3.8 Details of the cost of the action(s).