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

Interim Comment
In terms of the National Heritage Resources Act, no 25 of 1999 (NHRA), heritage resources, including archaeological or palaeontological sites over 100 years old, graves older than 60 years, structures older than 60 years are generally protected. They may not be disturbed without a permit from the relevant heritage resources authority. In contexts of development applications, the developer must ensure that no heritage resources will be impacted by the proposed development, by lodging an application to SAHRA and submitting detailed development specifications as a notification of intent to develop. If the application is made in terms of s. 38 (8) of the NHRA then it is incumbent on the developer to ensure that a Heritage Impact Assessment (HIA) is undertaken, as s. 38(2)a does not apply.  Such a study should follow the SAHRA 2007 Minimum Standards: Archaeological and Palaeontological Components of Impact Assessment Reports and section 38(3) of the NHRA.The SAHRA Archaeology, Palaeontology, and Meteorites (APM) Unit cannot provide comments on the development until a letter of exemption from further heritage assessments by a suitably qualifed archaeologist to be submitted to the case. 
In addition to this, the .kml file must be amended to remove any spatial data that is not related to the development footprint area polygon.