Case Decision - 349057

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 BAR and EMPr:

• 38(4)a – The SAHRA Development Application 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. Further additional conditions include the following:
• Should area 1 be selected for development these conditions apply; A 30 m no-go buffer zone is mandated around heritage sites WKP02-4, WKP02-6, WKP04, WKP05, WKP07, and WKP08. If buffer zones are not feasible, a qualified archaeologist must be enlisted to implement appropriate mitigation measures. For sites WKP05 and WKP08, such as a Grave Relocation Process is required. Social consultation processes are necessary to determine burial presence at WKP04 and WKP07. Permits in terms of section 35 and 36 must be applied for from SAHRA. Detailed surface mapping and test excavations are mandated for stonewalled settlements at WKP02, WKP03, and WJP-09. Additionally, a 50 m buffer zone around Iron Age stonewalled sites concentrated near rocky hills, with a requirement for a heritage specialist walk-down if not feasible. A CMP is mandated for stonewalling and burial grounds, incorporating detailed mapping, access arrangements for Next-of-Kin visits, and a monitoring plan for implementation. The CMP and walkdown must be submitted to SAHRA prior to the construction phase for comment and approval. SAHRA reserves the right to impose additional conditions on the development based on the walkdown report.
• Should Area 3 be selected as a suitable area for development, A qualified archaeologist must be appointed to complete surface mapping of Site WKP01 and a 10 m buffer around the site before obtaining a permit to destroy the site in terms of Section 34 of the NHRA. The mapping of sites must be submitted in a report to SAHRA prior to the construction phase. The permits in terms of section 34 must be applied for from the NWPHRA.
• Should Areas 2, 4, 5 or 6 be selected for development, the Chance Finds Procedure must be implemented.
• 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 (Nokusho Ngobeni/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 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 (Nokusho Ngobeni/Natasha Higgitt 021 202 8660), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with this 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 Final BAR and EMPr must be submitted to SAHRA for record purposes; The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.