Applicable legislation
38(3)
38(8)
Decision Date
Decision Status
Case Decision

Interim Comment
SAHRA requests that an assessment of the impacts of all planned invasive activities on heritage resources that complies with section 38(3) of the National Heritage Resources Act, Act 25 of 1999 (NHRA) as required by section 38(8) of the NHRA and section 24(4)b(iii) of NEMA be conducted as part of the EA process.
The assessment must include an assessment of the impact to archaeological and palaeontological resources. The assessment of archaeological resources must be conducted by a qualified archaeologist and the report comply with the SAHRA 2007 Minimum Standards: Archaeological and Palaeontological Components of Impact Assessment Reports (see www.asapa.co.za or www.aphp.org.za for a list of qualified archaeologists).
The palaeontological report must be conducted by a qualified palaeontologist and the report comply with the 2012 Minimum Standards: Palaeontological Component of Heritage Impact Assessments (a list of qualified palaeontologists can be found at https://www.palaeosa.org/heritage-practitioners.html). The PIA must take into consideration the depth of the trenches and pits when conducting the assessment.
Any other heritage resources as defined in section 3 of the NHRA that may be impacted, such as built structures over 60 years old, sites of cultural significance associated with oral histories, burial grounds and graves, graves of victims of conflict, and cultural landscapes or viewscapes must also be assessed.
The draft EIA and appendices must be submitted to SAHRA at the beginning of the public review process so that an informed comment may be issued.