| (1) | Subject to the provisions of subsections (7), (8) and (9), any person who intends to undertake a development categorised as— |
| (a) | the construction of a road, wall, powerline, pipeline, canal or other similar form of linear development or barrier exceeding 300 m in length; |
| (b) | the construction of a bridge or similar structure exceeding 50 m in length; |
| (c) | any development or other activity which will change the character of a site— |
| (i) | exceeding 5 000 m2 in extent; or |
| (ii) | involving three or more existing erven or subdivisions thereof; or |
| (iii) | involving three or more erven or divisions thereof which have been consolidated within the past five years; or |
| (d) | the re-zoning of a site exceeding 10 000 m2 in extent; or |
| (e) | 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.
| (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 |
| (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. |
| (8) | The provisions of this section do not apply to a development as described in subsection (1) if an evaluation of the impact of such development on heritage resources is required in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989), or the integrated environmental management guidelines issued by the Department of Environment Affairs and Tourism, or the Minerals Act, 1991 (Act No. 50 of 1991), or any other legislation: Provided that the consenting authority must ensure that the evaluation fulfils the requirements of the relevant heritage resources authority in terms of subsection (3), and any comments and recommendations of the relevant heritage resources authority with regard to such development have been taken into account prior to the granting of the consent. |
| (9) | The provincial heritage resources authority, with the approval of the MEC, may, by notice in the Provincial Gazette, exempt from the requirements of this section any place specified in the notice. |
| (10) | Any person who has complied with the decision of a provincial heritage resources authority in subsection (4) or of the MEC in terms of subsection (6) or other requirements referred to in subsection (8), must be exempted from compliance with all other protections in terms of this Part, but any existing heritage agreements made in terms of section 42 must continue to apply. |
