DEVELOPmENT APPLICATIONs UNIT

What is Development Applications?

The Development Applications Unit’s (DAU) legislative 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. The SAHRA DAU processes development applications in the following provinces and areas:

• Northern Cape Province
• North-West Province
• Limpopo Province
• Free State
• Gauteng Province
• Mpumalanga Province
• Offshore Developments
• Developments within National Heritage Sites in all Provinces (https://www.sahris.org.za/nhsmap)

Development applications located in the Kwa-Zulu Natal Province, Eastern Cape and Western Cape 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 cultural heritage resources (as defined in the NHRA). Please see links below for guidance on the preparation of various heritage related reports for EA applications.

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.

https://screening.environment.gov.za/ScreeningDownloads/AssessmentProtocols/GuidanceforHIA.pdf

https://screening.environment.gov.za/ScreeningDownloads/AssessmentProtocols/GuidanceforPIA.pdf

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 Environmental Authorisation (EA) such as the Registration applications. 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.

The DAU also processes all permit applications for the mitigation of impacts to heritage resources related to prospecting developments and current/ on-going developments. These also include permits for mitigation of features and sites protected under Section 27, 35 and 36 of the NHRA. Please contact SAHRA DAU if unsure of the correct permit application process to follow.

Please note that permit applications for heritage sites protected by section 34 of the NHRA must be submitted to the relevant PHRA.

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/. 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 Development and permit applications without Proof of Payment will not be processed. Please contact SAHRA DAU for invoices should you require them to action any payments.

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

The DAU is also responsible for drafting national policies, standards and regulations with regards to heritage management and development applications. Please see link (https://sahris.sahra.org.za/about/legislation) for current standards for heritage reports submitted as part of the Section 38 development application process. The Guidelines for Site Management Plans if heritage sites are to be managed in-situ within a development boundary can also be found in the link. 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 (ASAPA): https://www.asapa.co.za/
• The Associate of Professional Heritage Practitioners (APHP): https://www.aphp.org.za/home
• The Palaeontological Society of South Africa (PALAEOSA): 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/