Applicable legislation
38(4)
38(8)
Decision Date
Decision Status
Case Decision

Final Comment
*It must be noted that this application contains section of the development that are located in the Western Cape Province. SAHRA does not have jurisdiction to provide comments in this regard. Comments must be sought from Heritage Western Cape (HWC).
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 Amendment Assessment Report and EMPr:

38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit notes that there will be no additional impacts to heritage resources as a result of the amendments and has no objections to the proposed amendments to the authorised development;
38(4)b – The conditions provided in the Final Comments issued on the 16/01/2017 and 15/05/2017 for SAHRIS Case ID 10500 regarding the Walkdown and walkdown report are valid and must still be complied with;
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;
The Final EA Amendment Assessment Report and EMPr must be submitted to SAHRA for record purposes;
The decision regarding the EA Amendment Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.