Western Cape
South Africa
South Africa
National Heritage Resources Act, 1999
Regulations Relating to the Consultation Process for Listing Heritage Resources in the Heritage Register and the Designation of Heritage Areas by Heritage Western Cape, 2022
Provincial Notice 145 of 2022
- Published in Western Cape Provincial Gazette 8696 on 15 December 2022
- Commenced on 15 December 2022
- [This is the version of this document from 15 December 2022 and includes any amendments published up to 25 October 2024.]
1. Definitions
In these regulations a word or expression to which a meaning has been assigned in the National Heritage Resources Act, 1999 (Act 25 of 1999), bears the same meaning and, unless the context indicates otherwise—"conservation body" means an organisation registered as a conservation body in terms of the regulations made by Heritage Western Cape under Provincial Notice 298/2003, dated 29 August 2003;"heritage area" means an area or land contemplated in section 31 of the Act;"Heritage Western Cape" means the provincial heritage resources authority established by the Provincial Minister under section 23 of the Act by Provincial Notice 336/2002, dated 25 October 2002;"Province" means the Province of the Western Cape;"Provincial Minister" means the MEC as defined in the Act;"the Act" means the National Heritage Resources Act, 1999 (Act 25 of 1999).2. Consultation with affected communities regarding listing of heritage resources in heritage register by Heritage Western Cape
3. Consultation regarding designation of heritage area by Heritage Western Cape
4. Assistance with transcribing comments
Any person who cannot write may, during office hours and before the date contemplated in regulations 2(2) and 3(2) and (3), request an employee at the offices of Heritage Western Cape to provide reasonable assistance to that person by transcribing that person's comments.5. Consultation with local authority and Provincial Minister
Before Heritage Western Cape consults with any affected community as contemplated in regulation 2 or consults with any affected community and owners as contemplated in regulation 3, it must consult the relevant local authority and the Provincial Minister responsible for provincial planning matters to consider the details of any proposed provision for the protection of—6. Consultation
When Heritage Western Cape is required to consult any person as contemplated in regulation 2 or 3, such consultation is regarded as having been satisfied if the written notification contemplated in the relevant regulation has been given to that person, whether or not a response was received by the date specified in the notification.7. Notice to conservation bodies
When Heritage Western Cape consults with any affected community as contemplated in regulation 2 or consults with any affected community and owners as contemplated in regulation 3, it must notify any affected conservation body by sending a notice by—8. Consideration of comments
When Heritage Western Cape consults with any affected community as contemplated in regulation 2 or consults with any affected community and owners as contemplated in regulation 3, it must—9. Appeal
A person wishing to appeal against—10. Short title
These regulations are called the Regulations Relating to the Consultation Process for Listing Heritage Resources in the Heritage Register and the Designation of Heritage Areas by Heritage Western Cape, 2022.History of this document
15 December 2022 this version
Cited documents 2
Act 2
1. | Local Government: Municipal Systems Act, 2000 | 4528 citations |
2. | National Heritage Resources Act, 1999 | 719 citations |