Applicable legislation
38(3)
38(8)
Decision Date
Decision Status
Case Decision

Interim Comment

As the proposed development is undergoing an EA Application process in terms of the National Environmental Management Act, 107 of 1998 (NEMA), NEMA Environmental Impact Assessment (EIA) Regulations for activities that trigger the National Environmental Management Act, 107 of 1998 (NEMA), therefore, the development is required to assess the impact to the national estate as defined by the NHRA in terms of section 24(4)b(iii) of NEMA and the assessment must comply with Section 38(3) of the NHRA as required by Section 38(8) of the NHRA. 

The assessment must include an assessment of the impact to archaeological resources. The field-based assessment of archaeological resources must be conducted by a qualified archaeologist and the report 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 HIA must include a tracklog of the site survey.

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 and protocol for finds is required. The assessment 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.

Furthermore, it is requested that a draft Environmental Impact Assessment (dEIA) along with its appendices must be uploaded to the case.

is advised to extend the EA process in terms of section 19(1)b of the NEMA EIA regulations in order to address this comment. Further comments will be issued upon receipt of the above requested reports.