Case Decision - 200351

CaseReference

THE PROPOSED REHABILITATION OF THE OLD TUG JETTY SHEET PILE WALL AT THE PORT OF PORT ELIZABETH, WITHIN NELSON MANDELA BAY METROPOLITAN MUNICIPALITY IN THE EASTERN CAPE PROVINCE

Applicable legislation

38(8)

Decision Date

05/10/2023

Committee

By Delegation of Authority

Decision Status

Interim Comment

Case Decision

Interim Comment
The SAHRA APM Unit acknowledges receipt of the draft EIA report and request that the following is undertaken in terms of section 38(3) of the National Heritage Resources Act (25 of 1999) as part of the EA application process.
A Maritime Underwater Cultural Heritage Impact Assessment must be undertaken by a suitably qualified Maritime archaeologist field-based assessment of the impact to archaeological resources must be conducted by a qualified archaeologist. The report must comply with section 38(3) of the NHRA and the SAHRA 2006 Minimum Standards: Archaeological and Palaeontological Component of Impact Assessments, and the 2012 Minimum Standards: Archaeological Component of Heritage Impact Assessments. The Minimum Standards provides allowance for a Letter of Recommendation for Exemption that can be submitted by a qualified archaeologist should they deem it appropriate.
In addition, a Palaeontological Impact Assessment must be conducted by a suitably qualified palaeontologist and the report must comply with section 38(3) of the NHRA and the SAHRA 2006 Minimum Standards: Archaeological and Palaeontological Component of Impact Assessments, and the 2012 Minimum Standards: Palaeontological Component of Heritage Impact Assessments. The report submitted to the case for comments was not conducted by a suitably qualified palaeontologist and the SAHRA cannot accept it.