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

Interim Comment
The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit objects to the statement in the dBAR regarding heritage resources and requests that a Heritage Impact Assessment (HIA) be submitted to the case for review as part of the EA. The HIA must have been completed in terms of section 38(3) and 38(8) of National Heritage Resources Act, Act 25 of 1999 (NHRA). The HIA must be inclusive of archaeological components.
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  to provide an Archaeological Impact Assessment (AIA). The AIA must comply with the SAHRA 2007 Minimum Standards: Archaeological and Palaeontological Component of Impact Assessments. A qualified Archaeologist can request an exemption from Conducting an HIA as per section 38(2)b of the NHRA (25 of 1999).
No further Palaeontological Assessment is required as the proposed development footprint is located within an area of low and insignificant sensitivity as per the SAHRIS PalaeoSensitivity map. A Fossil Finds Procedure must be developed for the construction phase pf the proposed development (a list of qualified palaeontologists can be found at https://www.palaeosa.org/heritage-practitioners.html).
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. The applicant is advised EA process in terms of section 19(1)b of NEMA EIA regulations to comply with this.