Applicable legislation
38(8)
Decision Date
Decision Status
Case Decision

Final Comment
The SAHRA Archaeology, Palaeontology and Meteorites (APM) accepts the HIA reports and the recommendations contained in the report. SAHRA has no objections to the proposed project on the following conditions:As the BAR speaks to the road upgrades alone, the SAHRA will only provide comment on the N2 road upgrades. It is noted that the pg13 of the BAR states that the burrow pits will be assessed in a separate application.The development is located in a grey/negligible palaeo-sensitivity zone and according to the SAHRIS palaeomap policy
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 are 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 SAHRA Burial Grounds and Graves (BGG) Unit accepts the recommendations provided in the HIA report regarding site 7.3.3.1 burial ground. uThe burial ground must be demarcated with danger tape until construction is completed and a buffer zone of 20m is strictly adhered to. If SANRAL road construction crew cannot adhere to these conditions then the graves will have to be removed following the SAHRA section 36 grave relocation application process in terms of chapter XI of the SAHRA 2000 Regulations.
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).
Since this comment is provided after the public participation period, the SAHRA requests that it is forwarded directly to the competent authority and the SAHRA requests that the Record of Decision from the competent authority is submitted to the case.