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

Interim Comment

The SAHRA Development Applications Unit (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 and palaeontological component. 

The field-based archaeological component of 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). 

A portion of the proposed development is located within an area of very high, moderate, low and zero Palaeontological Sensitivity as per the SAHRIS PalaeoSensitivity map. As such, a field Palaeontological Impact Assessment (PIA) 
and protocol for finds is requiredmust be undertaken by a qualified palaeontologist. (See https://www.palaeosa.org/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.

Further comments will be issued upon receipt of the above requested reports and a revised FBAR that incorporates the results of the specialist assessment. The applicant is advised to extend the EA process in terms of section 23(1)b of the NEMA EIA regulations in order to address this comment.