“ 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
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