Case Decision - 196669

Final Comment
It must be noted that the EA application process has been concluded without including SAHRA during the review period. However, as no heritage resources were identified during the heritage assessments, SAHRA is satisfied with the submitted heritage reports. SAHRA will not follow appeal procedures for the granting of the EA without fully complying with section 38(8) of the NHRA i.e. including the comments of the relevant heritage resources authority during the decision making phase.
Furthermore, SAHRA notes Condition 35 of the granted EA and requests the applicant to make note of the following:

If any evidence of archaeological sites or remains (e.g. remnants of stone-made structures, indigenous ceramics, bones, stone artefacts, ostrich eggshell fragments, charcoal and ash concentrations), fossils or other categories of heritage resources are found during the proposed development, SAHRA APM Unit (Natasha Higgitt/Phillip Hine 021 462 5402) must be alerted as per section 35(3) of the NHRA. Non-compliance with section of the NHRA is an offense in terms of section 51(1)e of the NHRA and item 5 of the Schedule;
If unmarked human burials are uncovered, the SAHRA Burial Grounds and Graves (BGG) Unit (Thingahangwi Tshivhase/Mimi Seetelo 012 320 8490), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with section of the NHRA is an offense in terms of section 51(1)e of the NHRA and item 5 of the Schedule;
See section 51(1) of the NHRA for a list of offences;
The following conditions apply with regards to the appointment of specialists:
If heritage resources are uncovered during the course of the development, a professional archaeologist or palaeontologist, depending on the nature of the finds, must be contracted as soon as possible to inspect the heritage resource. If the newly discovered heritage resources prove to be of archaeological or palaeontological significance, a Phase 2 rescue operation may be required subject to permits issued by SAHRA.