Cullinan Conservancy


Am I legal?

How to get things done without getting into trouble!”


* What can I do on my property? * How do I know what is legal?

* What activities and improvements must I get approval for?

* Where do I get information?


It must be made clear that Cullinan Conservancy does not impose ANY rules, laws or regulations. It, and its members, as with any members of the public, have to adhere to laws and regulations of the Republic of South Africa. This document attempts to “de-legalese” the laws and regulations applicable to activities typically considered by landowners within the conservancy. It then provides contact details for the relevant departments and organisations where applications and approvals can be obtained.


The various activities which may require approval can be broadly divided into building and environmental authorisations and these will discussed separately.


Building regulations


Most of Cullinan Conservancy falls under Nokeng Tsa Teamane Council and their building regulations apply to all of us.


Any new structure needing a foundation needs approval – this covers sheds, barns, swimming pools, cottages, workers’ quarters, rooms added to existing homes, septic tanks… The list is comprehensive and if you’re in doubt, check first. (Building inspectors have started checking homes and , asking for plans and proof of approval.) If you can’t find your house plans , make a plan to have new ones drawn up.


Enquiries and land-use applications: Town Planning Dept .Nokeng Tsa Taemane

Complaints re illegal structures: Town Planning Dept. Nokeng Tsa Taemane


Environmental legislation

 

The pertinent environmental regulations were recently updated and revised and became law in July 2006. These regulations were written in terms of the National Environmental Management Act (NEMA - a national act of parliament legislating environmental activities within SA). The regulations can be broadly divided into activities requiring stringent assessment (Scoping) and activities requiring basic assessment. This document lists all activities relevant to the conservancy, irrespective of whether a basic or a scoping assessment is required.


Activities requiring approval

  • The construction of facilities or infrastructure, including associated structures or infrastructure for:

    • resorts, lodges, hotels or other tourism and hospitality facilities in a protected area.

    • lawns, playing fields or sport tracks covering an area of more than three hectares.

    • the concentration of animals for the purpose of commercial production including cattle, sheep, pigs, crocodiles, chickens, rabbits, or ostriches.

    • sewage facilities and water pipelines.

    • any purpose in the 1 in 10 year flood line of a river or stream including canals, channels, bridges, dams and weirs.

    • the off-stream storage of water,

    • the landing, parking and maintenance of aircraft including helicopters, unpaved aircraft landing strips, structures for aircraft and equipment storage, structures for maintenance and repair, structures for fuelling and fuel storage.

    • the outdoor racing of motor powered vehicles including motorcars, trucks, motorcycles, quad bikes, boats and jet skis.

    • the above ground storage of dangerous goods, including petrol, diesel, liquid petroleum gas or paraffin.

    • any development activity, including associated structures and infrastructure with an area of 20 ha or more.
  • The establishment of cemeteries.

  • The removal of indigenous vegetation.

  • The construction of masts of any material or type of any height but excluding flag poles and lightning conductor poles.

  • The constructions of roads wider than 4 metres.

  • The transformation of undeveloped, vacant or derelict land for residential, mixed, retail, commercial, industrial or institutional use.

  • The subdivision of portions of land 9 ha or larger into 5 ha or less.

  • Ploughing of virgin soil (lands which have not been ploughed or planted for the past 10 years revert to virgin soil)

  • Building of homes on the summit or ridge of the Magaliesberg. (Ridge policy)


GDARD enquiries:


Mashudu Dzivhani: (011) 355-2292 or mashudu.dzivhani@gauteng.gov.za (note the spelling!).


If you have problems getting through to GDARD, contact the Cullinan Conservancy.

Copies of the NEMA regulations and The Ridge Policy are available electronically.


Building on the slopes of the Magaliesberg must be done with the utmost consideration to the environment, as access roads can be the cause of soil erosion


If we each respect each other and not subject our neighbours and the environment to noise and light pollution we could all live a harmoniously life together.


Remember this is a Conservancy, we are here to protect our indigenous Fauna and Flora, as well as our natural and cultural heritage.


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