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

You are hereby notified that, since there is reason to believe that the proposed Roam WEF project and associated infrastructure on RE/13, RE/1/13, 1/14, Prince Albert, will impact on heritage resources, HWC requires that a Heritage Impact Assessment (HIA) that satisfies the provisions of Section 38(3) of the NHRA be submitted. Section 38(3) of the NHRA provides
(3) The responsible heritage resources authority must specify the information to be
provided in a report required in terms of subsection (2)(a): Provided that the following
must be included:
(a) The identification and mapping of all heritage resources in the area affected;
(b) an assessment of the significance of such resources in terms of the heritage
assessment criteria set out in section 6(2) or prescribed under section 7;
(c) an assessment of the impact of the development on such heritage resources;
(d) an evaluation of the impact of the development on heritage resources relative
to the sustainable social and economic benefits to be derived from the
development;
(e) the results of consultation with communities affected by the proposed
development and other interested parties regarding the impact of the
development on heritage resources;
(f) if heritage resources will be adversely affected by the proposed development,
The consideration of alternatives; and
(g) plans for mitigation of any adverse effects during and after the completion of
the proposed development.
(Our emphasis)
This HIA must in addition have specific reference to the following:
- Archaeological impact assessment
- Palaeontological Impact Assessment
- Visual Impact Assessment on the Cultural landscape
The HIA must have an overall assessment of the impacts to heritage resources which are not limited to the specific studies referenced above.
The required HIA must have an integrated set of recommendations.
The comments of relevant registered conservation bodies; all Interested and Affected parties; and the relevant Municipality must be requested and included in the HIA where provided. Proof of these requests must be supplied.
RESPONSE TO NOTIFICATION OF INTENT TO DEVELOP: HIA REQUIRED
In terms of Section 38(8) of the National Heritage Resources Act (Act 25 of 1999) and the Western Cape
Provincial Gazette 6061, Notice 298 of 2003 

If applicable, applicants are strongly advised to review and adhere to the time limits contained the Standard Operational Procedure (SOP) between DEADP and HWC. The SOP can be found using the following link http://www.hwc.org.za/node/293
Kindly take note of the HWC meeting dates and associated agenda closure date in order to ensure that comments are provided within as Reasonable time and that these times are factored into the project timeframes.
HWC reserves the right to request additional information as required.
Should you have any further queries, please contact the official above and quote the case number.