Case Decision - 200045

Final Comment
The SAHRA Development Applications Unit (DAU) is satisfied that the impact to heritage resources has been adequately assessed. SAHRA will withdraw the submitted appeal on condition that the following conditions are included in an amended EA and EMPr:

A 30 m no go buffer must be maintained around the identified graves and stone kraal site;
The grave site and buffer must be clearly demarcated with danger tape or similar barrier to ensure no accidental damage occurs;
A 50 m no go buffer must be maintained around the cavity solution (cave sites);
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 amended EA and EMPr must be submitted to SAHRA for record purposes.

If the prospecting proceeds to mining activities, an application specific assessment of the impact to heritage resources must be conducted as part of the EA process.