Case Decision - 198874

Interim Comment
The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit does not accept the motivation for no assessment of the impact to heritage resources provided by the Environmental Practitioner as they do not posses the qualifications or expertise to assess the impact to heritage resources. Only qualified heritage practitioners may provide an assessment of the impact to heritage resources as per section 38(2) of the National Heritage Resources Act, Act 25 of 1999 (NHRA).
Additionally, the impact to the national estate must be assessed as per section 24(4)b(iii) of NEMA, and the competent authority must consider the recommendations and conditions of the relevant heritage authority as per section 38(8) of the NHRA as part of their decision-making process.
SAHRA awaits the requested assessment of the impact to heritage resources as part of the EA process that must comply with section 38(3) of the NHRA as required by section 38(8) of the NHRA. The HIA must include an archaeological and palaeontological component.
The field-based archaeological component of the HIA must be conducted by a qualified archaeologist and must 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 very high Palaeontological Sensitivity as per the SAHRIS PalaeoSensitivity map. As such, a field-based Palaeontological Impact Assessment (PIA) must be undertaken by a qualified palaeontologist. (See https://www.palaeosa.org/heritage-practitioners.html for a list of qualified palaeontologists). The report must comply with the 2012 Minimum Standards: Palaeontological Components of Heritage Impact Assessments.
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.
Further comments will be issued upon receipt of the above requested reports and the draft BAR inclusive of appendices.