Ward 2 Development Forum

National Heritage Resources Act

Properties3
descriptionThe law that protects heritage. Any structure older than 60 years needs a permit before it is altered or demolished, which covers much of Genadendal, Greyton, and the mission settlements. Larger developments must notify Heritage Western Cape first.
tagstheme/heritage, theme/2038, lang/en
aliasesNHRA, National Heritage Resources Act 25 of 1999, 60-year rule

6 min read

A working page, open for review

This page is published while it is still being checked, so that people who know this law, and people it affects, can correct it. It explains the law in plain language, and it does not give legal advice or speak for the Forum, the municipality, or any other body. The official text, linked under At a glance, is what counts. Before you act on anything here, read the official text or ask the body named under Who to ask. To correct or add to this page, see How to Submit.

Questions for reviewers:

  1. For Heritage Western Cape or anyone who knows the register: which buildings and areas in the valley are formally protected (provincial heritage sites, heritage areas, or entries on the heritage register), and since when?
  2. For the Genadendal Mission Museum and the Moravian Church: is the description of Church Square’s status correct?

The National Heritage Resources Act sets out how South Africa identifies and protects its heritage: buildings, landscapes, archaeological sites, graves, and objects [IC]. In the Western Cape most of it is administered by Heritage Western Cape, the provincial heritage resources authority [IC]. For the valley, its most important rule is the simplest: no one may alter or demolish any structure older than 60 years without a permit (section 34) [IC]. Genadendal’s mission dates from the 1730s and Greyton from 1854, so a large share of the valley’s buildings fall under it [IC].

What the letters in square brackets mean

Facts on this page are followed by a tag that shows where they come from.

  • [IC] Independently Corroborated. Confirmed by the official text of the law, or by at least two sources that do not depend on each other.
  • [MS] Mission-Sourced. Comes from one party’s own documents or statements. It has not been checked against other sources.
  • [TBV] To Be Verified. Seems likely, but nobody has confirmed it yet.

Sentences without a tag under What it means in the valley are the Forum’s reading of how the rule could apply here. They are not legal advice.

At a glance

Full nameNational Heritage Resources Act, 1999
CitationAct 25 of 1999
Made byParliament
Administered byThe South African Heritage Resources Agency nationally; Heritage Western Cape in the province; municipalities for some local matters
In force since1 April 2000
Official textLawLibrary

What it does

  • The 60-year rule. No one may alter or demolish any part of a structure older than 60 years without a permit from the provincial heritage resources authority (section 34) [IC].
  • Graves. Graves older than 60 years outside a formal cemetery are protected, and may not be disturbed or moved without a permit (section 36) [IC].
  • Archaeology. Archaeological and palaeontological sites and material are protected, and may not be disturbed without a permit (section 35) [IC].
  • Notice of larger developments. Anyone planning certain developments must notify the heritage authority at the earliest stage, and may be asked for a heritage impact assessment (section 38) [IC]. The triggers include [IC]:
    • a road, wall, power line, pipeline, or canal longer than 300 metres;
    • a bridge longer than 50 metres;
    • a development that changes the character of a site larger than 5,000 square metres, or involves three or more erven;
    • the rezoning of a site larger than 10,000 square metres.
  • Protected sites and areas. Places of special significance can be declared provincial heritage sites, and municipalities can protect heritage areas through their planning schemes (section 31) [IC]. Monuments declared under the older law became provincial heritage sites under this Act [TBV].

What it means in the valley

For owners of old buildings. In Genadendal, Bereaville, Voorstekraal, Boschmanskloof, and Greyton’s old village, many houses, churches, and outbuildings are older than 60 years. Altering or demolishing any part of one, including a roof, windows, or a wall, needs a permit from Heritage Western Cape before the work starts [IC]. The municipality usually asks for heritage clearance before it approves building plans for such a structure [TBV].

Church Square, Genadendal. The Genadendal Moravian mission complex was declared a national monument in 1980 [TBV]. The museum’s collection was declared a National Cultural Treasure on 8 March 1991 [IC]. The history of the museum records that in 2000 the status of the collection and of the monuments on Church Square changed from national to provincial [MS]. Work there involves Heritage Western Cape.

For new housing and development. The planned housing on Erf 595, Heuwelkroon, went through a heritage impact assessment in 2022 [IC]. That is section 38 at work. Larger projects tabled at the Forum, such as a learning campus or a heritage trail with new structures, are likely to trigger it too.

For heritage as the valley’s future. The 2038 tercentenary of Genadendal’s founding, and visitor products built on heritage, depend on the old fabric surviving. The municipality’s spatial plan identifies heritage precincts in all the mission settlements and a conservation area in Greyton [IC]; this Act and the Zoning Scheme By-law are the tools that can make that protection binding.

For rock art and burial sites. Sites known to residents are protected by this Act whether or not they are recorded. This site never publishes their locations, and asks residents to share them with the moderators privately.

Where it touches this site

Who to ask

  • Heritage Western Cape, for permits under sections 34 to 36 and for section 38 notices.
  • Theewaterskloof Municipality, Building Control, for how heritage clearance fits with building plan approval.

What is still open

  • Which buildings and areas in the valley are provincial heritage sites, heritage areas, or on the heritage register.
  • Whether the municipality has protected any heritage area in the valley through its zoning scheme.

Have your say

If you can confirm or correct anything on this page, contact the moderators through How to Submit.

References

Graph View

Backlinks