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

Interim CommentThe SAHRA APM Unit acknowledges receipt of the BAR application and request that the following is undertaken in terms of section 38(3) of the National Heritage Resources Act (25 of 1999) as part of the EA application process.The proposed development 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 applicant is also requested to upload the project geo-location kml. file to the GIS layer of the application on SAHRIS for the assessment of the potential impact of the development on Palaeontological heritage. Depending on the Palaeontological Sensitivity of the project foot print a Palaeontological Impact Assessment may be required. Such an 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.
The assessment should include any other heritage resources that may be impacted such as built structures over 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.
Further comments will be issued upon receipt of the above and appendices of the DBAR. The applicant is advised to extend the EA process in terms of section 19(1)b of the NEMA EIA regulations in order to comply with this comment.