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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.
(2) The responsible heritage resources authority must, within 14 days of receipt of a
notification in terms of subsection (1)—
(a) if there is reason to believe that heritage resources will be affected by such
development, notify the person who intends to undertake the development to
submit an impact assessment report. Such report must be compiled at the cost
of the person proposing the development, by a person or persons approved by
the responsible heritage resources authority with relevant qualifications and
experience and professional standing in heritage resources management; or
(b) notify the person concerned that this section does not apply.
(3) The responsible heritage resources authority must specify the information to be
provided in a report required in terms of subsection (2)(a): Provided that the following
must be included:
(a) The identification and mapping of all heritage resources in the area affected;
(b) an assessment of the significance of such resources in terms of the heritage
assessment criteria set out in section 6(2) or prescribed under section 7;
(c) an assessment of the impact of the development on such heritage resources;
(d) an evaluation of the impact of the development on heritage resources relative
to the sustainable social and economic benefits to be derived from the
development;
(e) the results of consultation with communities affected by the proposed
development and other interested parties regarding the impact of the
development on heritage resources;
(f) if heritage resources will be adversely affected by the proposed development,
the consideration of alternatives; and
(g) plans for mitigation of any adverse effects during and after the completion of
the proposed development.
(4) The report must be considered timeously by the responsible heritage resources
authority which must, after consultation with the person proposing the development,
decide—
(a) whether or not the development may proceed;
(b) any limitations or conditions to be applied to the development;
(c) what general protections in terms of this Act apply, and what formal
protections may be applied, to such heritage resources;
(d) whether compensatory action is required in respect of any heritage resources
damaged or destroyed as a result of the development; and
(e) whether the appointment of specialists is required as a condition of approval
of the proposal.
(5) A provincial heritage resources authority shall not make any decision under
subsection (4) with respect to any development which impacts on a heritage resource
protected at national level unless it has consulted SAHRA.
(6) The applicant may appeal against the decision of the provincial heritage resources
authority to the MEC, who—
(a) must consider the views of both parties; and
(b) may at his or her discretion—
(i) appoint a committee to undertake an independent review of the impact
assessment report and the decision of the responsible heritage authority;
and
(ii) consult SAHRA; and
(c) must uphold, amend or overturn such decision.
(7) The provisions of this section do not apply to a development described in
subsection (1) affecting any heritage resource formally protected by SAHRA unless the
authority concerned decides otherwise.
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