DEVELOPERS in the Western Cape will once again be able to obtain permits to demolish or alter buildings or structures older than 60 years, but they should expect delays, says Roelof Feenstra, a partner at law firm Jan S de Villiers.

The regulations enabling the relevant authority, Heritage Western Cape, to issue permits came into effect on August 29, 2003. Up until then, Heritage Western Cape, which was established in October 2002, had been unable to issue permits because the regulations governing its actions had not yet been promulgated. "Unfortunately," said, Feenstra, "it seems unlikely that Heritage Western Cape will be able to process any new application for the issue of a permit within the prescribed period because at the moment there is only one qualified person to process these applications. "The unnecessary costs and loss of profits incurred by developers because of the delay to promulgate the necessary regulations is immeasurable. The new backlog will mean continued losses for developers.

"Although the National Heritage Resources Act, which commenced on April 1, 2000, makes it a criminal offence to undertake any work on a protected resource without a valid permit, it is known that many developers have ignored the possibility of being prosecuted and proceeded with work without a valid permit. Whether any prosecution will be instituted is doubtful in view of the already existing overload of pending criminal cases in courts," said Feenstra.

The National Heritage Resources Act (No. 25 of 1999) provides for fines and imprisonment of transgressors. It also grants courts the authority to order transgressors to repair the damage done to Heritage Resources. Section 51(9) authorises the minister to serve an order prohibiting development of such a place, except making good the damage and maintaining the cultural value.

The purpose of the Act is to introduce an integrated and interactive system for the management of national heritage resources in South Africa and inter alia to establish the SA Heritage Resources Agency (SAHRA) to co-ordinate and promote the management of heritage resources at national level and on provincial level through the establishment of provincial heritage resources agencies.

In a decision of the Eastern Cape Division of the High Court of South Africa, in the matter of Gordon vs South African Heritage Resources Agency 2002(2) ALL S.A 447(E) it was emphasised that the protection placed on heritage resources in a province by the National Heritage Resources Act still apply where a provincial heritage resources authority had not been established