Case Decision - 346402

Final Comment 

The SAHRA Development Applications Unit (DAU) notes and accepts the submission of the Amendment report PIA, 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: 
• General heritage Chance Finds Procedures must be developed according to the recommendations of the HIA;
• Fossil Chance Finds Procedures must be included in the EMPr for implementation;
• A palaeontologist must be appointed to undertake quarterly monitoring of excavations into the shale bedrock and mine waste dumps to document and collect any exposed fossils;
• The appointed palaeontologist must apply for a collections permit to SAHRA, in terms of section 35 of the NHRA and Chapter IV of the NHRA 2000 Regulations;
• 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; 
• The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.