Case Decision - 367682

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 EIA 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. 
• If it is not possible to avoid the Iron Age sites (FF001 & FF002) and the Historical Farmsteads (FF003 & FF004), a permit in terms of section 35 of the NHRA and Chapter II and IV of the NHRA Regulations must be applied for from SAHRA in order to mitigate the sites. No damage may occur to these sites without permits 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 (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;
• As the Final BAR has been finalised without the inclusion of SAHRA comments, this comment must be forwarded directly to the competent authority for their review as part of the decision making process in terms of section 38(8) of the NHRA. Proof of the delivery and receipt thereof must be provided to SAHRA;
• The decision regarding the EA Application must be communicated to SAHRA and uploaded to the case file.
• The Final EIA and EMPr must be submitted to SAHRA for record purposes;