Case Decision - 183229

The committee considered additional information received in respect of the above, on 07 June 2023. It was noted that the digging up on a wetland (existing pond) for the construction of a proposed Chinese Pagoda and the stream running nearby the entrance gate of the site where the proposed development is does trigger Environmental Impact Assessment. The Environmental Affairs have been contacted in respect of that, and the environmental practitioner have been appointed. The committee have no objection to the proposed development on condition that a closeout report from environmental practitioner upon completion of EIA must be submitted to the Institute (Amafa).The developer is also required to adhere to the following conditions:STANDARD CONDITIONS1. The KwaZulu-Natal Amafa and Research Institute should be contacted if any heritage objects are identified during earth-moving activities and all development should cease until further notice. 2. No structures older than sixty years or parts thereof are allowed to be demolished, altered, or extended without a permit from the KwaZulu-Natal Amafa and Research Institute. 3. Under no circumstances may any heritage material be destroyed, inundated, collected, or removed from the site unless under the direction of the KwaZulu-Natal and Amafa Research Institute and a heritage specialist. 4. Should any remain, that could potentially be human remains be found on-site, the South African Police Service (SAPS) should be contacted, and the KwaZulu-Natal Amafa and Research Institute must be notified immediately. No SAPS official may disturb or exhume such remains, without the necessary permission from the KwaZulu-Natal Amafa and Research Institute. 5. No activities are allowed within 50m of a site that contains rock art. 6. Sources of all-natural materials (including topsoil, sands, natural gravels, crushed stone, asphalt, etc.) must be obtained in a sustainable manner and in compliance with the heritage and environmental (NEMA) legislation.Failure to comply with the requirements of the National Heritage Resources Act and the KwaZulu-Natal Amafa and Research Institute Act would mean that no authorization for the development(S41)/for the permit application(S37/38/39/40/43/44/45/46) can be provided.