Case Decision - 199052

Final 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). As noted in the Interim Comment issued on the 06/09/2022, a Letter of Recommendation for Exemption written by a qualified specialist could have been submitted should they deem a full HIA is not necessary.
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.