Regulations Relating to the Consultation Process for Listing Places in the Heritage Register by Heritage Western Cape and the Designation of Heritage Areas by a Local Authority, 2022


Western Cape
South Africa
National Heritage Resources Act, 1999

Regulations Relating to the Consultation Process for Listing Places in the Heritage Register by Heritage Western Cape and the Designation of Heritage Areas by a Local Authority, 2022

Provincial Notice 146 of 2022

  • Published in Western Cape Provincial Gazette no. 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 16 May 2023.]
The Provincial Minister of Cultural Affairs and Sport in the Western Cape, under sections 30(8) and 31(6) of the National Heritage Resources Act, 1999 (Act 25 of 1999), has made the regulations set out in the Schedule.

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—"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;"municipal manager" means a person appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"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 owners regarding listing of places in heritage register by Heritage Western Cape

(1)If Heritage Western Cape intends to list a place in the heritage register of the Province, it must consult the owner of that place by—
(a)notifying the owner in writing by—
(i)registered post to the postal address of the owner;
(ii)electronic mail to the electronic mail address of the owner, where available;
(iii)physical hand-delivery to the owner, where practicable; or
(iv)any other manner it regards appropriate,
regarding the proposed listing of the place in the heritage register and the details of any proposed provision for the protection of the place as contemplated in section 30(11) of the Act; and
(b)requesting comments in writing from the owner of the place regarding the proposed listing in the heritage register and the proposed provision for the protection of the place as contemplated in section 30(11) of the Act, by a date indicated in the notification contemplated in paragraph (a).
(2)A written notification contemplated in subregulation (1) must—
(a)be in all three official languages of the Province;
(b)include the name and contact details of the person to whom the comments must be submitted and to whom any queries may be directed; and
(c)specify that the details of the place proposed for listing in the heritage register are available for inspection—
(i)on the official website of Heritage Western Cape;
(ii)at the offices of Heritage Western Cape; and
(iii)at any other place that Heritage Western Cape specifies in the notice.
(3)Heritage Western Cape must ensure that the details of the place proposed for listing in the heritage register as contemplated in subregulation (2)(c) and the details of any proposed provision for the protection of the place as contemplated in section 30(11) of the Act are made available for inspection.
(4)Before Heritage Western Cape consults with the owner as contemplated in subregulation (1), 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 the place proposed for listing in the heritage register as contemplated in section 30(11) of the Act, with due regard to section 24(3) of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000).
(5)If Heritage Western Cape intends to amend or delete an entry in the heritage register that relates to a place, the process contemplated in subregulations (1), (2), (3) and (4), with the necessary changes, must be followed.

3. Consultation regarding designation of heritage area by local authority

(1)If a local authority intends to designate a heritage area it must consult—
(a)Heritage Western Cape by notifying it in writing;
(b)the Provincial Minister responsible for provincial planning matters by notifying him or her in writing;
(c)any affected community by publishing a notice in—
(i)the Provincial Gazette; and
(ii)at least one other newspaper in general circulation in the Province or, if the proposed heritage area affects only a specific area, in at least one newspaper distributed in that area; and
(d)the owners of property in the proposed heritage area by notifying them in writing by—
(i)registered post to the postal address of the owners;
(ii)electronic mail to the electronic mail address of the owners, where available;
(iii)physical hand-delivery to the owners, where practicable; or
(iv)any other manner it regards appropriate,
regarding the proposed designation of the heritage area and the details of any proposed provision for the protection of the heritage area as contemplated in section 31(7) of the Act.
(2)A written notification contemplated in subregulation (1)(a), (b) and (d) must request comments in writing regarding the proposed designation of the heritage area and the proposed provision for the protection of the heritage area as contemplated in section 31(7) of the Act, by a date indicated in the notification.
(3)A notice contemplated in subregulation (1)(c) must request comments in writing regarding the proposed designation of the heritage area and the proposed provision for the protection of the heritage area as contemplated in section 31(7) of the Act, by a date indicated in the notice.
(4)In addition to a notice contemplated in subregulation (1)(c), the local authority may publish the notice in any other media it regards necessary.
(5)A notice contemplated in subregulation (1)(c) and a written notification contemplated in subregulation (1)(d) must—
(a)be in all three official languages of the Province;
(b)include the name and contact details of the person to whom the comments must be submitted and to whom any queries may be directed; and
(c)specify that the details of the proposed heritage area are available for inspection—
(i)on the official website of the local authority;
(ii)at the offices of the municipal manager of the local authority; and
(iii)at any other place that the local authority may specify in the notice.
(6)The local authority must ensure that the details of the proposed heritage area as contemplated in subregulation (5)(c) and the details of any proposed provision for the protection of the heritage area as contemplated in section 31(7) of the Act are made available for inspection.
(7)If the local authority intends to amend or withdraw the designation of a heritage area, the process contemplated in subregulations (1), (2), (3), (4), (5) and (6), with the necessary changes, must be followed.

4. Assistance with transcribing comments

Any person who cannot write may, during office hours and before the date contemplated in regulations 2(1)(b) and 3(2) and (3), request an employee at the offices of Heritage Western Cape or the local authority, as the case may be, to provide reasonable assistance to that person by transcribing that person’s comments.

5. Consultation

When Heritage Western Cape or a local authority, as the case may be, 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.

6. Consideration of comments

When Heritage Western Cape consults the owner as contemplated in regulation 2 or when the local authority consults with Heritage Western Cape, any affected community and the owners as contemplated in regulation 3, as the case may be, it must—
(a)give due consideration to all comments, representations or objections received before—
(i)Heritage Western Cape lists a place in the heritage register; or
(ii)the local authority designates a heritage area; and
(b)keep a written record of the decision taken and the reasons for the decision, which record must be made available to interested and affected parties on request.

7. Appeal

A person wishing to appeal against the listing of a place by Heritage Western Cape in the heritage register must lodge the appeal in terms of section 49 of the Act.

8. Short title

These regulations are called the Regulations Relating to the Consultation Process for Listing Places in the Heritage Register by Heritage Western Cape and the Designation of Heritage Areas by a Local Authority, 2022.
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History of this document

15 December 2022 this version