Applicable legislation
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38
Decision Date
Committee
Decision Status
Case Decision

The application was considered by the Provincial Heritage Authority, the KwaZulu Natal Amafa and Research Institute on 29 January 2025.

The documents submitted in support of the application were reviewed. It was noted that, although the proposal had been revised to a development over a smaller area, the development area was still covered by the previous Heritage Impact Assessment. 

It was further noted that the development area was in the moderate zone on the palaeontological map so the chance finds protocols must be applied.  

The KwaZulu Natal Amafa and Research Institute therefore has no objection to the proposed development within the standard conditions and mitigation measures with adherence to chance finds protocols for fossils and archaeological material. 

You are also required to adhere to the below-mentioned 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 site unless under direction of the KwaZulu Natal and Amafa Research Institute and a heritage specialist.

4. Should any remains be found on site that is potentially human remains, the South African Police Service (SAPS) should also be contacted. 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, which 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 legislation.

 Failure to comply with the requirements of the National Heritage Resources Act and the KwaZulu Natal Amafa and Research Institute Act could lead to legal action being instituted against the applicant.

Final Comment.pdf (121.14 KB)