Case Decision - 199941

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 BAR and EMPr:

38(4)a – The SAHRA Development Applications Unit (DAU) has no objections to the proposed development;
38(4)b – Further additional specific conditions are provided for the development as follows:
No-go buffers of 30 m must be maintained around sites RFN07, RFN08a and RFN014;
Once the drilling locations are known, a qualified archaeologist must inspect each location and a report with the results of the inspection must be submitted to SAHRA for review. No clearance or drilling may occur without comment from SAHRA in this regard;
SAHRA reserves the right to provide additional conditions or object to the development based on the result of the above requested 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 012 202 8660/ [email protected]) 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 DAU (Natasha Higgitt 012 202 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 BAR and EMPr must be submitted to the SAHRIS application for record purposes;
The decision regarding the EA application and PR application must be submitted to the SAHRIS application for record purposes.