Case Decision - 198959

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 documents submitted to the competent authority:
38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit and the SAHRA Burial Grounds and Graves (BGG) Unit have 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 for the development include:The proposed fence must include an access gate. A buffer-zone of at least 30m must be established and maintained around the grave site. Where grave exhumation and relocation is deemed necessary, the consultation process as outlined in Chapter XI of the NHRA regulations must be observed to identify the next-of-kin(s) who must then give consent for exhumation and re-internment of the remains. Proof of consultation must form part of the permit application submitted to SAHRA.  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 (Nokukhanya Khumalo/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/Ngqabutho 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 of the NHRA for offences;38(4)e – The following conditions apply with regards to the appointment of specialists:With reference to the mitigation work noted above, a qualified archaeologist must be appointed to undertake the work in terms of the permit applied for as noted above;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 decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.