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

Regulations

Regulations in accordance with the Provisions of Section 9

Chapter II

4. Standards for Maintenance and Conservation Procedures of Heritage Resources in Control of Supported Bodies and State Departments
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4.1 State Departments and Supported Bodies shall:
4.1.1 Ensure that heritage resources in their control are properly conserved and well maintained and any action required to be taken in respect of those resources is not taken in contravention of the Act.
4.1.2 Conduct maintenance for the purposes of mainly providing care to the heritage resources and this shall include:
4.1.2.1 regular inspection and cleaning of a heritage resource, for instance mowing and pruning in a garden;
4.1.2.2 repair involving restoration, returning of dislodged or relocated fabric to its original location, for instance, loose roof gutters on a building or displaced rocks in a stone wall; and
4.1.2.3 repair involving reconstruction, replacing of decayed fabric with new fabric.
4.1.3 Restore heritage resources as appropriate. Should there be a need to restore a heritage resource by using new material; this may include recycled material salvaged from other places. The restoration should not be to the detriment of a heritage resource and if a permit would ordinarily be required in terms of the Act, the State Department or a Supported Body shall apply for same before commencing with any such restoration.
4.1.4 Adapt heritage resources for re-use:
4.1.4.1 That will enhance life span of resources generate additional income to assist in conservation of the resources but steps should be taken to ensure that that adaptive reuse does not negatively impact on the significance of the heritage resource.
4.1.5 Prepare and submit maintenance plans for maintenance of a heritage resource.
4.1.6 Where it is permitted in the Act, dispose of or alienate heritage resources, such as heritage objects (firearms and the other objects) and record such disposal or alienation and thereafter report to SAHRA as set out in these Regulations.

 

4.2 In the event of re development and / or refurbishments:
4.2.1 The State Departments and Supported Bodies shall do as much as necessary to care for heritage resources under their control and in order to make them useable, but otherwise change them as little as possible so that their cultural significance is retained.
4.2.2 Any action taken shall be under the direction, permission, supervision and implementation of a Competent Authority. Supervision should be maintained at all stages, and any changes should be implemented by people with appropriate knowledge and skills.
4.2.3 The notification required in section 9 of the Act before any development shall be preceded with informal consultation between the respective State Departments and Supported Bodies.

 

4.3 Regarding Conservation Management Plans (“CMP”):
4.3.1 The State Department and Supported Bodies must commission and prepare Conservation Management Plans for heritage resources in their control.
4.3.2 Should any State Department or a Supported Body commission one CMP for a number of heritage resources in its control then and in that event that the State Department or Supported Body shall prepare specific plans for each of its heritage resources.