Applicable legislation
38(8)
Decision Date
Committee
Case Decision

The application was considered by the Provincial Heritage Authority, the KwaZulu-Natal Amafa and Research Institute on 13 September 2023. The documents submitted in support of the application were reviewed including the draft Basic Assessment Report (BAR). The committee reached a conclusion that there are no heritage resources found in the area as well as heritage resources that will be affected by the development, KZN Amafa, thus, have no objection to the development provided that the developer operates within the confines of the recommendations provided in the reports and the records of this decision.

The developer is also required to adhere to the standard conditions detailed below:
 
Standard Conditions:
 

The KwaZulu-Natal Amafa and Research Institute should be contacted if any heritage objects are identified during earth-moving activities and all development should cease until further notice.
A Chance Finds Procedure must be followed should there be any fossils or graves discovered.
No structures older than sixty years or parts thereof are allowed to be demolished, altered, or extended without a permit from the KwaZulu-Natal Amafa and Research Institute.
 Under no circumstances may any heritage material be destroyed, inundated, collected, or removed from the site unless under the direction of the KwaZulu-Natal and Amafa Research Institute and a heritage specialist.
 Should any remains, that could potentially be human remains be found on-site, the South African Police Service (SAPS) should be contacted, and the KwaZulu-Natal Amafa and Research Institute must be notified immediately.
No SAPS official may disturb or exhume such remains, without the necessary permission from the KwaZulu-Natal Amafa and Research Institute.
 No activities are allowed within 50m of a site that contains rock art.
 Sources of all-natural materials (including topsoil, sands, natural gravels, crushed stone, asphalt, etc.) must be obtained in a sustainable manner and in compliance with the heritage and environmental (NEMA) legislation.
Failure to comply with the requirements of the National Heritage Resources Act and the KwaZulu-Natal Amafa and Research Institute Act could lead to legal action being constituted against the applicant.