Case Decision - 221390

Final Comment 

The SAHRA Development Applications Unit (DAU) notes and accepts the submission of the Final BAR, and HIA reports. SAHRA has no objections to the proposed development on the following conditions: 

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. These further additional comments apply: 

A 30m buffer zone around all identified sites must be adhered to during construction activities, 

Site DD001 must be demarcated with a danger tape during construction activities,

If sites DD002-DD005 are impacted, then a section 35 permit application must be applied for, in terms of chapter IV of the NHRA of the NHRA Regulations 2000 to the SAHRA for recording and mapping of these sites, then a section 35 destruction permit can be applied for to the SAHRA,

If site DD001 is going to be impacted or encroached upon, then a section 35 permit application in terms of chapter IV of the NHRA of the NHRA Regulations 2000 must be applied for to the SAHRA for test excavations to determine if it is a burial ground,

If burials are positively identified then a 60-day social consultation period in terms of chapter XI of the NHRA Regulation 2000, must be undertaken to identify potential descendent families of the burials, and

A section 36 permit application must be applied for in terms of chapter IX of the NHRA Regulations 2000 in order to relocate said graves if they will be impacted by the proposed development,

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 (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 DAU (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; 

This final comment must be forwarded to the competent authority, proof of submission must be uploaded to this case;

The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.