Case Decision - 369985

Final Decision

The following decision is made in terms of section 38(4) of the NHRA and must be adhered to:

• 38(4)a - The SAHRA Development Applications Unit (DAU) has no objections to the proposed development;
• 38(4)b – The recommendations of the specialists are supported and must be adhered to. No further additional specific conditions are provided for the 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 (Stephen van den Heever [email protected], Natasha Higgitt 021 202 8660 / [email protected]) must be alerted as per section 35(3) of the NHRA. Non-compliance with this 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 (Stephen van den Heever [email protected], Natasha Higgitt 021 202 8660 / [email protected]) must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with this 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(1) of the NHRA regarding offenses;
• 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 Registration documents must be submitted to the case once the NEMA Registration process is completed.