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

Interim Comment
It is incumbent on the developer to ensure that a Heritage Impact Assessment (HIA) is done as per section 38(3) and 38(8) of the National Heritage Resources Act, Act 25 of 1999 (NHRA). This must include an archaeological component, palaeontological component and any other applicable heritage components. The HIA must be conducted as part of the EA Application in terms of NEMA and the NEMA EIA Regulations.
The archaeological component of the HIA should follow the SAHRA 2007 Minimum Standards: Archaeological Component of Impact Assessment Report section 38(3) of the NHRA. The quickest process to follow for the archaeological component would be to contract a qualified archaeologist (see www.asapa.co.za or www.aphp.org.za).
The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit also requests that a field based Palaeontological Impact Assessment be carried out by a suitably qualified Palaeontologist, because some portions the development area are of very high palaeontological sensitivity.
The draft Environmental Impact Assessment (EIA), when it is made available for public review, must be submitted with its appendices to the case on SAHRIS. Further comments will be made when the requested HIA report and environmental documents have been attached to the case for review.