The Developer Journal Issue 2 | Page 11

“ South Africa has quite possibly the richest fossil and archaeological record in the world. ” So what does that actually mean for developers? also automatically protected – and most will, anyway, fall under the above point, but this requirement is here to close any loopholes. • Any rock art. All rock art sites require a mandatory buffer zone. • Any sites that may contain significant fossil remains. • Sites that involve industrial heritage over 60 years old. This is really important if you are developing on land that once held factories, mines or mills. The equipment may be as important as the buildings. If you are doing an environmental impact assessment (EIA), the contractors are legally obliged, in terms of NEMA, to find out if there is any evidence or any likelihood of heritage resources. If there are, they will usually subcontract a heritage specialist to do further assessment. You don’t need to involve yourself in it any further – that’s what you’re paying the EIA consultant to do. But here’s where it gets tricky. If the land you are planning to develop does not require an EIA, it may still require a heritage impact assessment (HIA). In terms of the NHRA, there are specific triggers that indicate that some level of heritage assessment is required. The list that follows is not exhaustive, as it may be added to at any time because the legislation is continually evolving, but it’s about as close as we can get to a constantly moving target. If a development involves reclaimed land, or reclaiming land from the sea, it must be remembered that all shipwrecks and their contents are also generally protected. Heritage assessment is mandatory for: • linear developments of more than 300 metres, e.g. a road, canal or power line • developments involving the construction of a bridge of 50 metres or longer • developments on land bigger than 10,000 square metres, and that will require rezoning • any development that will change the character of a site that: a) is more than 5,000 square metres in extent b) will be subdivided c) will involve the consolidation of three or more erven If you are already doing an EIA, all you have to do is check that the environmental consultant has subcontracted a heritage consultant, which they are required to do in terms of NEMA. The process Okay, so say your proposed development triggers the need for a heritage assessment. What do you do? If the development did not trigger the need for an EIA, you will need to contract a heritage consultant – unless you want to do it yourself and wade through some pretty dense and byzantine legislation. The process starts off small, and only escalates if more triggers are uncovered. • So the first step is a notice of intent to develop (NID). This will be prepared by the consultant, after doing a relatively simple assessment, and presented to the relevant authority. This is generally quick and simple and, if there are no major triggers, the process stops there. • If there are triggers, or the authority requires further information, you may need to do a scoping report or a full HIA. Depending on the land, what province you are in, and what resources are likely to be found, this could also be relatively quick and simple, or it may be quite long and involved. • developments that will cost more than a sum that is to be set by SAHRA or a provincial authority (tricky one, this – talk about a moving target) • and– the clincher – any other category of development provided for in regulations by SAHRA or a provincial heritage resources authority. Indicators that there may be a need for further assessment include when the land under question is: • greenfield land – undeveloped land that may be used for agriculture or some other purpose • urban land that lies in a heritage overlay zone, involves historic structures greater than 60 years in age, or activates the triggers below. The triggers Even if the land does not fall into any of the categories above, it may still trigger a heritage assessment. If there is even the remotest possibility that the land contains any of the following features, you need to do a heritage assessment. • Shell middens. These are found all along the coast, and even quite far inland because the coastline has moved over the last few thousand years. Almost 90% of all coastal sites require an HIA. • All types of burial sites and graves. • Any building over 60 years old. Not all are of significance, but the law requires that they be assessed. • Military objects from more than 75 years ago. These are automatically protected. • Any South African War (Anglo-Boer War) sites are 11