Interim Comment
As per condition 3.18 of the granted EA, SAHRA requests that the outstanding assessment of the impact to heritage resources be undertaken prior to any construction occurring. As the NEMA EIA process has been concluded, the application to SAHRA is now in terms of section 38(1) of the NHRA, and therefore SAHRA is a deciding authority.
Should any construction occur without an assessment and a decision provided by SAHRA in this regard, section 35(5) of the NHRA will apply. Construction will be halted, and an investigation will occur. If any heritage resources have been damaged, section 51 offences and the associated schedule of penalties will apply.
SAHRA awaits the assessment of the impact to heritage resources that must comply with section 38(3) of the NHRA.
CaseReference
Applicable legislation
38(2)
38(3)
Decision Date
Committee
Decision Status
Case Decision