Final Comment
The SAHRA Archaeology, Palaeontology, and Meteorites (APM) Unit notes and accepts the submission of the EMP and HIA report. SAHRA has no objections to the proposed prospecting work programme and proposed drilling pads on the following conditions:Sites BHINFD/06, BHINFD/010 and BHINFD/011 must be avoided with a 30 m buffer zone around them.A 30m buffer zone must be adhered to for all identified sites in the HIA report including the historical settlements and low density surface scatter of potshered and MSA stone tools.If the 30m buffer zones cannot be maintained or adhered to then an archaeologist must be appointed to undertake any mitigation of the identified sites, and they must obtain a section 35(4) permit in terms of NHRA and Chapter IV NHRA Regulations, before any fossils are collected.
In the unlikely event that fossils are uncovered during construction then construction must cease within the immediate vicinity, a buffer of 30 m must be established, and a palaeontologist called in to inspect the finds. The palaeontologist must obtain a section 35(4) permit in terms of NHRA and Chapter IV NHRA Regulations, before any fossils are collected.
If there are any new heritages resources discovered during construction and operation phases of the proposed development, then a professional archaeologist or palaeontologist, depending on the nature of the finds, must be contracted as soon as possible to inspect the findings at the expense of the developer.The Burial Grounds and Graves (BGG) Unit accepts the recommendations for the burial grounds identified in the HIA report and endorses the recommendation of temporary demarcation of the identified burial grounds particularly sites Sites BHINFD/06 and BHINFD/08. The SAHRA BGG unit also endorses the recommendation for the adherence of a 50m bufferzone around the identified burials grounds.
If the newly discovered heritage resources prove to be of archaeological or palaeontological significance, a Phase 2 rescue operation may be required at the expense of the developer. Mitigation will only be carried out after the archaeologist or palaeontologist obtains a permit in terms of section 35 of the NHRA (Act 25 of 1999). You may contact SAHRA APM Unit for further details: (Nokukhanya Khumalo/Phillip Hine 021 202 8654).
If any unmarked human burials are uncovered and the archaeologist called in to inspect the finds and/or the police find them to be heritage graves, then mitigation may be necessary and the SAHRA Burial Grounds and Graves (BGG) Unit must be contacted for processes to follow (Thingahangwi Tshivhase/Ngqalabutho Madida 012 320 8490).
Applicable legislation
38(8)
38(4)
Decision Date
Committee
Decision Status
Case Decision