Case Decision - 200180

Final Comment
The SAHRA Development Applications Unit (DAU) does not accept the motivation for no assessment of the impact to heritage resources provided by the Environmental Practitioner as they do not posses the qualifications or expertise to assess the impact to heritage resources. Only qualified heritage practitioners may provide an assessment of the impact to heritage resources as per section 38(2) of the National Heritage Resources Act, Act 25 of 1999 (NHRA).
Additionally, the impact to the national estate must be assessed as per section 24(4)b(iii) of NEMA, and the competent authority must consider the recommendations and conditions of the relevant heritage authority as per section 38(8) of the NHRA as part of their decision-making process.
The SAHRA cannot endorse this proposed development and advises the Department of Mineral Resources and Energy (DMRE) to reject the application for prospecting activities on the Remaining Extent of the Farm Lucknow 652, near Olifantshoek, Northern Cape Province (NC 30/5/1/1/2/13203 PR) as the impact to heritage resources as required by section 24(4)b(iii) of NEMA and section 38(3) and 38(8) of the NHRA has not been fully assessed. This comment must be forwarded directly to the competent authorities and proof of the submission and receipt thereof must be provided to SAHRA.