Case Decision - 200356

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 appeal report: 

38(4)a – The SAHRA Development Applications Unit (DAU) and Maritime and Underwater Cultural Heritage (MUCH) Unit has no objections to the proposed development;

38(4)b – Having reviewed the Interim Appeal report, SAHRA notes that an Underwater Heritage Statement is included as Appendix 5.7. This states that the area has been previously assessed and as such, no new impacts will result from the proposed change.

38(4)b - The mitigation measures as set out in the Final EIA are supported by SAHRA and must be adhered to during the proposed project.

38(4)c(i) – If any evidence of archaeological sites or remains (e.g. shipwrecks or shipwreck material, or other categories of heritage resources) are found during the proposed development, SAHRA DAU (Natasha Higgitt 021 202 8660) 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)d – See section 51 of the NHRA regarding offences;

38(4)e – The following conditions apply with regards to the appointment of specialists:

If heritage resources are uncovered during the course of the development, a professional archaeologist or maritime archaeologist, 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 heritage significance, a Phase 2 rescue operation may be required subject to permits issued by SAHRA; Should any shipwrecks be identified as part of this project then SAHRA must be notified to enable the information to be added to the national shipwreck database.