Heritage Cases

The Albert's Farm dam wall is an old earth wall and has been failing for several years. The wall is currently in danger of breaching completely, which is a risk to the downstream wetland system as well as the biodiversity dependent on this water source. One of the problems is the old roots of the trees which have created pathways for egress of water. At the same time these roots are a part of the structure of the dam wall. The dam wall is in need to significant structural stabilisation and/or repair/reconstruction. The problem is exacerbated by the inadequacy of the spillway, which means that during heavy storm events the wall or embankment overtops. The construction of a more formal spillway is therefore required to limit the frequency of overtopping of the embankment. Due to the urgency of the project, and in order to prevent further risks as mentioned above, MC on behalf of the applicant would like to request that construction of the dam wall be allowed to commence without a permit from the PHRA - G. Section 34 (1) of the National Heritage Resources Act, 1999 (Act No. 25 of 1999) states that, no person may alter or demolish any structure or part of a structure which is older than 60 years without a permit issued by the relevant provincial heritage resources authority. Under Section 34 (3) of the Act, the PHRAG can exclude an area from the sixty-year rule. The PHRA - G may at its discretion, by notice in the Provincial Gazette, make an exemption from the requirements of subsection (1) within a defined geographical area, or for certain defined categories of site within a defined geographical area, provided that it is satisfied that heritage resources falling into the defined area or category have been identified and are adequately provided for in terms of the provisions of Part 1 of this Chapter. This application therefore serves as a request to the PHRA-G to exempt the applicant from having to apply for a permit, so that construction may commence immediately, as all other approvals from the relevant departments have been granted, provided that all recommendations from the HIA documentation are complied with.