Case Decision - 197574

Final Comment
The following comments are made as a requirement in terms of section 3(4) of the NEMA Regulations and section 38(8) of the NHRA in the format provided in section 38(4) of the NHRA and must be included in the Final EIA and EMPr:

38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit and Burial Grounds and Graves (BGG) Unit has no objections to the proposed development;
38(4)b – The recommendations of the specialists are supported and must be adhered to. Further additional specific conditions are provided for the development as follows:
APM Unit conditions: Pan sites that will be impacted by the proposed development must be mitigated and a permit in terms of section 35 of the NHRA and Chapter II and IV of the NHRA Regulations must be applied for from SAHRA in this regard before construction may commence. No mitigation and construction activities may occur without a permit issued in this regard;
BGG Unit conditions: The existence of the Griqua Graves must be investigated further before any development activities commence. A SAHRA permit must be obtained to carried out the investigations. Should the presence of the Griqua Graves be  confirmed within the development footprint, they must be retained in-situ with at least a 100m  buffer zone/ exhumed in line with the relevant legislation; 

38(4)c(i) – 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;
38(4)c(ii) – If unmarked human burials are uncovered, the SAHRA Burial Grounds and Graves (BGG) Unit (Thingahangwi Tshivhase/ Ngqalabutho Madida 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;
38(4)d – See section 51(1) of the NHRA with regards to offences;
38(4)e – The following conditions apply with regards to the appointment of specialists:
i) 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;
The Final EIA and EMPr must be submitted to SAHRA for record purposes;
The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.