Case Decision - 198073

Final Comment
The SAHRA Archaeology, Palaeontology, and Meteorites (APM) Unit notes and accepts the submission of the draft BAR, HIA and PIA desktop reports, and accepts the recommendations provided by the Heritage Specialists. SAHRA has no objections to the proposed development on the following conditions:A Heritage Management Plan (HMP) that includes the HIA mitigation measures must be developed and used throughout the duration of construction activities. The HMP must include the Fossil Chance Finds procedure in the PIA desktop report under section 8.If the alignment of the road is changed or final adjustments are made then a walk down assessment must be undertaken by a suitably qualified archaeologist and a report of the assessment must be submitted to SAHRA.The identified Later and Early Iron Age (LIA and EIA) Stone walled settlements (SCH001-SCH004, SCH007-SCH012, Sites SCH015-SCH017, SCH021, SCH027, SCH029, SCH031 and SCH033) must be conserved in situ and a buffer zone of 30m must be maintained throughout construction of the road. However, if the sites will be impacted by construction activities related to this development then a section 35(4) permit application must be applied for by a suitably qualified archaeologist as defined in the NHRA and Chapter IV NHRA Regulations.The construction manager must receive training in identifying all heritage remains and types that occur in the area including stromatolites, Iron Age burials, and stonewalled sites.
In the 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.
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).
The Burial Grounds and Graves (BGG) Unit accepts the recommendations for the burial grounds (SCH018-SCH020, SCH024) identified in the HIA report and the SAHRA BGG supports the conservation of the burials in situ, with a buffer zone of at-least 30m. If the buffer zone becomes impossible to maintain, then the graves must be relocated if the descendant families agree to the relocation. Before relocation of any burials may occur, permission from the family members must be sought. This must be done by undertaking a social consultation process to identify the family members of the site. This must be done in terms of Chapter IX of the NHRA Regulations and section 36(3) of the NHRA. Permission for the exhumation and relocation of younger graves must be obtained from the relevant authority in terms of the Human Tissue Act and related legislation(s). 
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).
The Final BAR and its appendices must be submitted to the case and once a Record of Decision from the competent authority is issued, it must also be submitted to the case.