Supporting the removal of red tape barriers encountered with Section 38 of the National Heritage Resources Act

The Red Tape Reduction Unit (RTRU) was nominated to serve on the Project Management Team for the City of Cape Town’s (CoCT) National Heritage Resources Act (NHRA) Exemption Areas Investigation Project.

The CoCT is a competent local authority in terms of the NHRA and the NHRA makes provision for the exemption of the requirement of Section 34 and Section 38. 

What is Section 38 of the National Heritage Resources Act?

Section 38 of the NHRA requires a developer to submit a Notice of Intent (to develop) to Heritage Western Cape (HWC) at its earliest stage. The developments are categorized in Section 38 (1) (a-e). HWC will have 14 days from date of receipt to inform the client whether a Heritage Impact Assessment is required.

What is Section 38(9)?

The notice attached exempts developers in the attached areas from complying with Section 38. It should also be noted that this is the first time that this exemption has been granted in the country!

Background on the City’s NHRA Exemption Areas Investigation Project

The purpose of the project is to reduce the administrative burden (dual application processes where building stock is older than 60 years, but not conservation worthy), and to facilitate the ease of doing business in areas where development is both desirable and appropriate.

Given that the Red Tape Reduction Unit formed part of the NHRA Exemption Areas Investigation team, it became apparent to the unit that red tape barriers were in play as the Section 38(9) exemptions were a critical requirement for the NHRA Exemption Areas Investigation project to progress.

How was the red tape barrier addressed?

The RTRU wrote a letter to the CEO of Heritage Western Cape to request their urgent assistance with facilitating a meeting between the project management team, HWC, and the Provincial Minister’s office in order to clarify the requirements for the Section 38(9) exemptions.

At the time, it was understood that the processes required for Section 38(9) were not yet finalised by Local Government. Further, the processes for Section 38(9) exemptions were to be mapped out by HWC and approved by the Minister responsible for Heritage in the province. This would be the Minster for Cultural Affairs and Sport.

The meeting would ensure that the work done in the NHRA Exemption Areas Investigation project would be acceptable by HWC as well as the Minister of Cultural Affairs and Sport.

What was the impact of addressing the red tape barrier?

Since the red tape challenge has been addressed, developers no longer need to submit a notice or conduct a Heritage Impact Assessment for developments in the designated areas. This will result in a cost and time saving for developers.

Going forward the RTRU plans to quantify the impact of removal of the red tape barrier through use of a costing tool.