7/6/4
NATIONAL COUNCIL OF PROVINCES
QUESTION NO 83
DATE OF PUBLICATION 05 MARCH 2010 INTERNAL QUESTION PAPER 04 OF 2010
âMr K A Sinclair (COPE) to ask the Minister of Arts and Culture:
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(1) Whether any audit was undertaken to ascertain whether the
provincial heritage resource agencies and the SA heritage Resource
Agency are working in a synchronised manner by having clearly defined
areas of jurisdiction to enable developers to obtain speedy responses
to their applications for development permission, if not why not, if
so what are the relevant details?
(2) Whether a list of sites under the provincial and national
jurisdiction has been published, if not, why not, if so when?
(3) Whether the response time for each application for each
development is published annually in a report; if not, what is the
position in this regard; if so, what are the relevant details?
(4) Whether any mechanisms are in place to deal with unwarranted
delays; if not, why not; if so, what mechanisms? CW109E
REPLY:
1. No, a specific audit to ascertain whether SAHRA and PHRAâs are
working together to enable developers to obtain speedy responses to
their applications for developments has not be been conducted.
However, the PHRAâs apply to SAHRA for assessment of their competence
to perform functions that they are required to perform in terms of
Section 34(1) of the National Heritage Resources Act (NHRA), which
gives the PHRAâs mandate to award permits on the built-environment
requests and section 38 (2) (a) of the NHRA which focuses on the
Heritage Impact Assessment of sites. The PHRAâs are assessed every two
years as and when they request to be assessed in between the two years
to evaluate their competency. In the event that they are not competent,
SAHRA will establish an agency agreement and perform such functions on
an Agency basis. In other words there is synchronisation on the work of
SHARA and PHRAâs. Areas of jurisdiction are set out in Section 7(1) (a,
b, c). PHRAs are body corporates appointed by the MECâs and in terms of
Section 24(1) (g) their function is to âestablish policy, objectives
and strategic plans for heritage resources management in the province.â
The function of SAHRA is to prescribe principles, standards and norms.
Stipulating response time-frames to PHRAs is outside SAHRAâs
jurisdiction.
2. The provincially declared sites are published in the Provincial
Government Gazette as and when the sites are declared and are available
from any Provincial Legislature. The national heritage sites are
declared by SAHRA and are published in the National Government Gazette
as and when the sites are declared. They are available from the SAHRA
website.
3. Yes, PHRAâs annual reports entail summarised versions of all
applications including the response time in any given province that
manages any section of the Act and are available on request at the
PHRAâs offices alternatively at the SAHRA offices. In terms of permits
approved and not approved, there is statistical analysis which includes
the response time that is provided on monthly and quarterly basis by
the respective PHRAâs. The information is used to update the database
and for planning purposes for local authorities.
4. SAHRA as a national body is creating mechanisms and systems to
address the backlogs and delays in permit applications. Firstly SAHRA
is creating a National Heritage and Education Training Centre in order
to provide competency and expertise for PHRAâs and local authorities.
Secondly, SAHRA works with PHRAâs on an Agency basis where PHRAâs are
found to lack the necessary capacity and competency in order to reduce
unwarranted delays