Case Decision - 199528

Final Comment
As SAHRA has failed to provide comments within the NEMA EIA timeframes, SAHRA cannot impose further studies. SAHRA advises the applicant of the following:

The applicant is advised to conduct an audit of the development area to identify features that may become protected in terms of section 34 of the NHRA from 2024 and consult with the Mpumalanga Provincial Heritage Resources Authority for additional guidance;
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 (Natasha Higgitt 021 201 8660) must be alerted as per section 35(3) of the NHRA. Permits in terms of section 35(4) of the NHRA may be required to mitigate impacts to such resources. 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;
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. Permits in terms of section 36(4) of the NHRA may be required to mitigate impacts to such resources. 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;
See section 51(1) of the NHRA regarding offences;
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 BAR must be submitted to the SAHRIS application for record purposes;
The decision regarding the EA application must be submitted to the SAHRIS application for record purposes.