Case Decision - 194315

Final Decision
The following conditions are provided as a requirement in terms of section 38(4) of the NHRA, and must be adhered to:

38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit has no objections to the proposed development;
38(4)b – The recommendations of the specialists are supported and must be adhered to. No further assessment of the impact to palaeontological resources is required. Specific conditions for the development include the following:
i) – A permit in terms of section 35 of the NHRA and Chapter II and IV of the NHRA Regulations must be applied for by a qualified archaeologist from SAHRA in order to carry out the proposed mitigation measures recommended by the specialist (recommendations 1 and 3);
ii) - A report regarding the tracing of the source of the gravels and river pebbles must be compiled and submitted to SAHRA;
iii) – A Fossil Finds Procedure must be development and implemented as part of the construction phase of the project;
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 APM Unit (Natasha Higgitt/Phillip Hine 021 462 5402) must be alerted as per section 35(3) of the NHRA. Non-compliance with 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 Burial Grounds and Graves (BGG) Unit (Thingahangwi Tshivhase/Mimi Seetelo 012 320 8490), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with 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;
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.