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

Interim Comment

No assessment of the impact to heritage resources has been provided as per section 24(4)b(iii) of NEMA and section 38(8) of the National Heritage Resources Act, Act 25 of 1999 (NHRA).

  • The SAHRA DAU requests that an assessment of the impact to heritage resources that complies with section 38(3) of the NHRA as required by section 38(8) of the NHRA must be conducted as part of the EA process. The HIA must include an archaeological component.
  • The HIA must be conducted by a qualified archaeologist and must 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 Minimum Standards refer to a Letter of Recommendation for Exemption for further studies should the specialist deem it appropriate. SAHRA reserves the right to insist on a field-based assessment should the Letter of Recommendation not provide ample information to make an informed comment.
  • Since the development is located in an area of Very High to moderate palaeontological sensitivity a palaeontological desktop study and protocol for finds is required. The assessment must be undertaken by a qualified palaeontologist and the report must comply with the 2012 Minimum Standards: Palaeontological Components of Heritage Impact Assessments. Further comments will be issued upon the submission of the HIA and the field-based PIA.