World Heritage Convention Act, 1999 (Act No. 49 of 1999)NoticesAmended Format and Procedure for Nomination of World Heritage Sites in the Republic of South Africa3. Part 1: Legislative Framework |
The World Heritage Convention Act, 1999 (Act No. 49 of 1999) is the primary legislation for issues concerning the establishment and management of World Heritage properties in the South Africa. Other relevant legislation, including, without limitation, the Constitution of the Republic of South Africa, 1996, the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005), the National Environmental Management Act 1998 (Act No. 107 of 1998), the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003), the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) and the National Heritage Resources Act, 1999 (Act No. 25 of 1999) will impact on the processes that need to be followed for the nomination of sites.
| 3.1 | Definition of a World Heritage property |
| (a) | Article 1 of the Convention considers cultural heritage to be: |
monuments: |
architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science;
|
groups of buildings: |
groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science;
|
sites: |
works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view.
|
cultural landscapes: |
defined in paragraph 47 of the Operational Guidelines, cultural landscapes are cultural properties representing the "combined works of nature and of man" as designated in Article 1 of the Convention. They are illustrative of the evolution of human society and settlement over time, under the influence of the physical constraints and/or opportunities presented by their natural environment and of successive social, economic and cultural forces, both external and internal. |
| (b) | Article 2 of the Convention considers natural heritage to be: |
| i. | physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view; |
| ii. | geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation; |
| (c) | Furthermore, section 1 of the WHCA provides the following definition of a World Heritage Site: |
1(xxiv) " any place in the Republic which—
| (a) | has been included on— |
| (i) | the World Heritage List; or |
| (ii) | the Tentative List of the Republic referred to in Article 121(a)(i) of the Operational Guidelines, |
| (b) | Has been proclaimed by the Minister by notice in the Gazette to be a World Heritage Site; or has been proclaimed by the Minister by notice in the Gazette to be a special heritage site for management in accordance with this Act as if that site qualified under paragraph (a)— |
| (i) | after consultation with the Minister affected by such a proclamation; |
| (ii) | if applicable, after consultation with the relevant MEG; and |
| (iii) | subject to a resolution of Parliament, but such a special heritage site cannot be referred to as a World Heritage Site. |
| 3.2 | Responsibility |
The WHCA outlines in section 5 that the responsibility to enforce and implement the Convention lies with the Minister of Forestry, Fisheries and the Environment.
Section 5 provides that: "the Minister is responsible for enforcing and implementing this Act and Convention in the Republic".
This means that the inscription of a property in the World Heritage List can only be made at the request and with the consent of the responsible Minister.
| 3.3 | World Heritage Nominations |
| 3.3.1 | Section 6(1) of the WHCA gives the Minister the powers to prescribe procedures for nomination of world heritage properties. Hence this format and procedure has been developed in fulfilment of this section. |
| 3.3.2 | Proponents should note that by undertaking activities as outlined in Part 2 (Tentative Listing) and Part 3 (Nomination Dossier) does not mean that their proposals will be submitted to UNESCO as the Minister reserves the right to determine which proposals may be processed further. |