Case Decision - 199797

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 EIA and EMPr: 

38(4)a – The SAHRA Development Applications Unit (DAU) has no objections to the proposed development;

38(4)b – The recommendations provided by the heritage specialists are supported and must be adhered to. The following additional specific conditions are:

• A 50m no-go buffer zone must be adhered to around the Site no 27 and 28. 
• If the mine is unable to adhere to this then a section 35 of the NHRA permit application must be made to SAHRA for the mitigation of this site;
• An archaeologist A 100m no-go buffer zone around Site no 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, and 24 must be adhered at all times;
• Site no 3, 4, 5, 16, 25 and 26 will be directly impacted by the proposed mining activities as such, a social consultation process as regulated in terms of Chapter XI of the NHRA must be carried out to identify the next of kin in order to obtain their permission for relocation;
• Any grave relocations must be undertaken by a suitably qualified archaeologist.
• A section 36 of the NHRA permit application in terms of Chapter IX and of the NHRA 2000 Regulations must be applied for by a suitably qualified archaeologist.
• 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 DA Unit (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660) must be alerted as per section 35(3) of the NHRA. Non-compliance with section of the NHRA is an offence 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 DA Unit (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with section of the NHRA is an offence in terms of section 51(1)e of the NHRA and item 5 of the Schedule;
• 38(4)d – See section 51(1) of the NHRA;
• 38(4)e – The following conditions apply with regards to the appointment of specialists:
• i) 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 EIA and EMPr must be submitted to SAHRA for record purposes;
• The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.