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

Interim CommentThe SAHRA acknowledges receipt of the BAR and notes the statement contained in therein with regards to heritage resources. The SAHRA's APM Unit requests that an HIA be undertaken in terms of section 38(3) of the NHRa (25 of 1999) as part of the EA process.
The prospecting has the potential to impact negatively on heritage and/or cultural resources, therefore a heritage impact assessment must be conducted. A field-based  assessment of the impact to archaeological resources must be conducted by a qualified archaeologist. The report must comply with section 38(3) of the NHRA and the SAHRA 2006 Minimum Standards: Archaeological and Palaeontological Component of Impact Assessments, and the 2012 Minimum Standards: Archaeological Component of Heritage Impact Assessments. The Minimum Standards provides allowance for a Letter of Recommendation for Exemption that can be submitted by a qualified archaeologist should they deem it appropriate.The prospecting is in an area moderate palaeontological sensitivity to the east, a desktop assessment of the impact to palaeontological resources must be undertaken. The assessment must be conducted by a qualified palaeontologist. The report must comply with section 38(3) of the NHRA and the SAHRA 2006 Minimum Standards: Archaeological and Palaeontological Component of Impact Assessments, and the 2012 Minimum Standards: Palaeontological Component of Heritage Impact Assessments. The Minimum Standards provides allowance for a Letter of Recommendation for Exemption that can be submitted by a qualified palaeontologist should they deem it appropriate.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, and graves of victims of conflict must also be assessed.
Further comments will be issued upon submission of the above. The applicant is advised to extend the EA process in terms of section 19(1)b of the NEMA EIA regulations.