Case Decision - 195760

Interim Comment
SAHRA notes the Environmental Screening Tool may not require an assessment of the impact to heritage resources, but it must be noted that as part of the environmental themes protocols published by the Department of Environment, Forestry and Fisheries, it is stated that “Multiple themes may apply and assessments for these themes must be undertaken in accordance with the relevant protocol, or, where no specific protocol has been prescribed, in accordance with the requirements of the EIA Regulations, as amended”. No Heritage specific protocols have been published that state the level of assessment ot be conducted for the impact to heritage resources.
Additionally, the legal requirements of section 38(3) and section 38(8) National Heritage Resource Act, Act 25 of 1999 (NHRA) still apply. In this case, the assessment of heritage resources has been deemed incomplete and further field-based assessments must be conducted to assess the impact to heritage resources that may be located within the proposed development area. The location of the boreholes is clear, and therefore it is possible to survey the impact footprint effectively.
Further comments will be issued upon receipt of a field-based HIA.
SAHRA advises the applicant to apply for an extension of the EA process in terms of section 19(1)b of the NEMA EIA Regulations in order to address this comment.