Applicable legislation
41
Decision Date
Committee
Decision Status
Case Decision

The application for comment/decision in terms of heritage legislation was considered by the Provincial Heritage Authority, the KwaZulu-Natal Amafa and Research Institute at the Heritage Officers Meeting held on 28 September 2023, 25 October 2023 and 31 January 2024.

Decision  

Amongst other things, the following was discussed:

  • The signature from the families who were contacted had been submitted.
  • The committee resolve not to object on condition to demarcate with a red tape around the grave site and must be monitored. 
  • Heritage practitioner must be on board when construction commences.
  • If anything found on site, the work must be stopped immediately and consult the institute
  • A phase 3 would be recommended should there be any heritage resources/graves discovered.

STANDARD CONDITIONS 

1. 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.

 2. 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. 

3. 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. 

4. 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. 

5. No activities are allowed within 50m of a site that contains rock art.

 6. 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. 

7.The committee resolved not to object to the development within the limits of the general stipulated conditions and mitigation measures. Should you have any further queries, please contact the designated official using the case number quoted above in the case header

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