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

Interim Comment
The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit requests that an assessment of the impact to heritage resources be conducted as part of the EA process 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. The assessment must include an archaeological component.
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 proposed development is located within an area of low and negligible Palaeontological Sensitivity as per the SAHRIS PalaeoSensitivity map. As such, no further assessment of the impact to palaeontological resources is required. A Fossil Finds Procedure must be included in the HIA.
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 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. A revised BAR with the results of the HIA must be submitted for review.