Heritage Impact Assessments(HIAs) - The Basics

Legislative Requirements and NID Applications

Heritage management for development purposes is basically managed according to, and follow the National Heritage Resources Act, No 25 of 1999 (NHRA 1999), Section 38 procedure. The NHRA 1999, Section 38(1) states:

Subject to the provisions of subsections 7), 8) and 9), any person who intends to undertake a development categorized as -

1. the construction of a road, wall, powerline, pipeline, canal or other similar form of linear development or barrier exceeding 300 m in length;
2. the construction of a bridge or similar structure exceeding 50 m in length;
3. any development or other activity which will change the character of a site -
1. exceeding 5 000 m² in extent; or
2. involving three or more existing erven or subdivisions thereof; or
3. involving three or more erven or subdivisions thereof which have been consolidated within the past five years; or
4. the costs which will exceed a sum set in terms of regulations by SAHRA or a provincial heritage resources authority;
4. the rezoning of a site exceeding 10 000 m² in extent; or
5. any other category of development provided for in regulations by SAHRA or a provincial heritage resources authority,

must at the very earliest stages of initiating such a development, notify the responsible heritage resources authority and furnish it with details regarding the location, nature and extent of the proposed development.

Online Notifications of Intent to Develop (NIDs) in accordance with the NHRA 1999, Section 38(1) stipulation can be directly submitted on www.sahra.org.za/sahris, by creating a SAHRIS Case.

*[Please note that in accordance with the NHRA 1999, Section 38(1), submission of NIDs to the relevant heritage resources agency / authority is compulsory for developments as described in the NHRA 1999, irrespective of whether the development triggers particular Regulated listing notices of the National Environmental Management Act, No 107 of 1998 (NEMA 1998).]

Responsible Heritage Agencies / Authorities for NHRA 1999, Section 38 applications

Responsible heritage agencies / authorities for NHRA 1999, Section 38 applications are:

• SAHRA Archaeology, Palaeontology & Meteorites (APM) Unit, Cape Town (Tel: 021 462 4502): For development applications in the Free State, Gauteng, Limpopo, Mpumalanga, Northern Cape & North-West Province.
• AMAFA APM Unit, Pietermaritzburg (Tel: 033 394 6543): For development applications in KwaZulu-Natal.
• ECPHRA APM Unit, East London (Tel: 043 745 0888): For development applications in the Eastern Cape.
• HWC APM Unit, Cape Town (Tel: 021 483 5959): For development applications in the Western Cape.

The HIA Process

Heritage Impact Assessments (HIAs) for developments across all provinces of South Africa follows the basic 3-tier HIA process prescribed by SAHRA, including:

• Phase 1 / Basic HIA - Basic surface assessment of a study site (including a desktop study or brief background assessment of the area) to identify, describe, record the localities and assign a heritage site significance rating to heritage resources protected by law, and make recommendations to SAHRA or the relevant Provincial Heritage Resources Authority (PHRA) regarding the conservation or mitigation thereof for purposes of development.

  [A Phase 1 / Basic HIA for development purposes comprise at minimum an Archaeological (AIA) and Palaeontological Impact Assessment (PIA). Please see the SAHRIS palaeo sensitivity map for particulars regarding the level of palaeontological study required.]

• Phase 2 HIA - Mitigation or excavation of sensitive or protected heritage resources identified during a Phase 1 HIA, the mitigation of which is a precondition for development to proceed as stipulated by SAHRA or the relevant PHRA.

• Phase 3 HIA - Development of an identified heritage site alongside an approved / authorised development.

Download a copy of the National Heritage Resources Act, No 25 of 1999

Download a copy of the SAHRA Minimum Standards (2007) for Archaeological (AIA) and Palaeontological Impact Assessments (PIA)