DEVELOPmENT APPLICATIONs UNIT

What is Development Applications?

The Development Applications Units (DAU) mandate is to process all development applications submitted to SAHRA in terms of section 38 of the National Heritage Resources Act, 25 of 1999 (NHRA). This includes any permits required in terms of sections 27, 35 and 36 of the NHRA as part of the development applications. SAHRA processes development applications for the following provinces and areas:

· Northern Cape Province

· North West Province

· Limpopo Province

· Gauteng Province

· Mpumalanga Province

· Free State Province

· Offshore Developments

· Developments within National Heritage Sites in all Provinces

Development applications located in the Western Cape Province, Eastern Cape Province and Kwa-Zulu Natal Province must be submitted to the relevant Provincial Heritage Resources Authority (PHRA) in that Province. https://amafainstitute.org.za/ https://www.ecphra.org.za/ https://www.hwc.org.za/

Developments that trigger the National Environmental Management Act, 107 of 1998 (NEMA) are required to assess the impact to the national estate as defined by the NHRA in terms of section 24(4)b(iii) of NEMA and the assessment must comply with section 38(3) of the NHRA as required by section 38(8) of the NHRA. This means that every Environmental Authorisation (EA) application must include an assessment of the impact to heritage resources. SAHRA will provide a comment, either objecting or not objecting to the proposed development based on the submitted assessment of heritage, which must be included in the final report that is submitted to the relevant authority for decision-making i.e. the Department of Mineral Resources and Energy (DMRE), the Department of Forestry, Fisheries and the Environment (DFFE) or Provincial offices of DFFE.

Development applications that do not trigger the need for an environmental authorisation must follow the procedure in terms of Section 38(1) of the NHRA. These will include all developments exempted from the need for an EA, if they trigger section 38(1) of the NHRA. A standalone assessment of the impact to heritage resources may be required. A proponent must submit an application as early as possible so that SAHRA may decide whether an assessment of the impact to heritage resources in required in terms of section 38(2) of the NHRA.

Development applications must be submitted to SAHRA via the South African Heritage Resources Information System (SAHRIS). Please see the following link to SAHRIS: https://sahris.sahra.org.za/. AMAFA in KZN, the ECPHRA and HWC process development applications via SAHRIS. Please ensure that payments are made to the correct Heritage Resources Authority.

No posted, emailed or WeTransfer/Dropbox applications are accepted. An application fee is required as per the gazette at the following link: https://www.sahris.org.za/help. If no fee is paid for applications, the application will not be processed.

The DAU also processes all permit applications for the mitigation of impacts to heritage resources. These include permits for mitigation of sites protected by section 27 of the NHRA (National Heritage sites and some Provincial Heritage sites depending on the competency assessments of the various PHRAs (Please contact the DAU for clarity), excavation of sites protected by section 35 of the NHRA including offshore heritage sites and the relocation of graves as per section 36 of the NHRA. Please note that permit applications for heritage sites protected by section 34 of the NHRA must be submitted to the relevant PHRA.

Please note that the Limpopo Heritage Resources Authority (LIHRA) has recently been deemed competent to process various permits. Please see the link to the LIHRA website for more information: https://lihra.org/

Complaints and contraventions in terms of the NHRA regarding developments and development related impacts can be reported to the DAU. The relevant case officer and the SAHRA Heritage Protection Unit (HPU) will investigate the matter. See link to the HPU webpage: https://www.sahra.org.za/heritage-protection/

The DAU is also responsible for drafting national policies, standards and regulations with regards to heritage management and development applications. Please see link to (https://sahris.sahra.org.za/about/legislation) current standards for heritage reports submitted as part of the section 38 development application process and Guidelines for Site Management Plans if heritage sites are to be managed in-situ within a development boundary. Please note that heritage reports will only be accepted if drafted by qualified heritage practitioners. Please see links to associations where qualified heritage practitioners may be sourced. · The Association of Southern African Professional Archaeologists: https://www.asapa.co.za/ · The Associate of Professional Heritage Practitioners: https://www.aphp.org.za/home · The Palaeontological Society of South Africa: https://www.palaeosa.org/

The DAU is a member of the Energy One Stop Shop (EOSS) Technical Working Group, working to resolve the energy crisis in South Africa. Please see the following link to the EOSS website for all energy related development applications: http://energyoss.gov.za/