Case Decision - 257250

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:

38(4)a – The SAHRA Development Application Unit (DAU) Unit has no objections to the proposed development;

38(4)b – The recommendations of the specialists are supported and must be adhered to. Further conditions are recommended for the development as follows:

A consultation process in terms of section 36 of the NHRA and Chapter XI of the NHRA Regulations must be undertaken. If, through the consultation process, it is shown that sites K001, K002 and K003 contains burials the grave sites must be avoided with a buffer of 30m. If is not possible to avoid the identified graves, and that the relocation of all the impacted graves is found feasible, a permit in terms of section 36 of the NHRA and Chapter IX of the NHRA Regulations must be applied for from SAHRA. 

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 (Sityhilelo Ngcatsha/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 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 (Sityhilelo Ngcatsha/Natasha Higgitt 021 202 8660), must be alerted immediately as per section 36(6) of the NHRA. Non-compliancewith 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 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 decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.