Case Decision - 184112

HOC Resolutions

The committee resolved to exercise the requirement of Section 41(3)(f) of the Act stating that alternatives should be considered in a case where a development poses an adverse impact on heritage resources.
This is due to reasons discussed under HIA Findings above.
The committee endorses the recommendation of the HIA report that the proposed pipeline route needs to be realigned as a mitigation measure and consideration of an alternative for the anticipated adverse impacts.
The developer must work with the specialist to find solutions for the realignment such that the archaeologist has enough information about the new layout and amend the report accordingly.
Lastly, the committee asserts that a Heritage Impact Assessment is incomplete if the total layout plan and proposed development footprint have not been surveyed for any reason.
The applicant is advised that; when the amended report is submitted, it should have results of heritage impact assessment in the area reported inaccessible. Failure to satisfy this requirement will render the report incomplete and sent back to the applicant.

Failure to comply with the requirements of the National Heritage Resources Act and the KwaZulu-Natal Amafa and Research Institute Act could lead to legal action being constituted against the applicant.