CaseReference
Applicable legislation
38(4)
38(8)
Decision Date
Decision Status
Case Decision

Final Comment
The following comments are made as a requirement in terms of 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 has 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 are provided for the development as follows:
The farmstead features located along the proposed access route must be clearly demarcated. A speed limit of 20 km/h must be adhered to within this section of the road. Speed bumps may be considered along this section of reduce to ensure slow speeds are adhered to in this section. Large vehicles with abnormal loads must be monitored when moving through this area to ensure no accidental damage to the farmstead and associated features;
If the road requires widening for any purpose, a heritage specialist must provide their opinion on the proposed widening and design the road layout accordingly taking any sensitive zones into consideration, and recommend any additional mitigation measures to be implemented. This must be submitted to SAHRA prior to construction for comment. No construction may commence without comments from SAHRA;
A report detailing the results of the pre-construction survey, including the recommended examination of low dolerite outcrops and the recommended recording of the farmstead, must be submitted to SAHRA prior to the construction phase for comment and approval. No construction may commence with comments from SAHRA in this regard;
A Heritage Management Plan must be developed for all heritage resources that will remain in-situ within the development area. This HMP must be submitted to SAHRA prior to the construction phase. No construction may commence without comments from SAHRA in this regard;
SAHRA reserves the right to impose additional conditions or restrictions on the development based on the results of the pre-construction survey report;
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 DAU (Natasha Higgitt 021 202 8660/ [email protected]) must be alerted as per section 35(3) of the NHRA. Non-compliance with this 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 DAU (Natasha Higgitt 021 202 8660/ [email protected]) 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(1) of the NHRA regarding offences;
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 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.