Case Decision - 194891

Final Comment
*Comments provided below pertain only to the Northern Cape Province. Comments for the Eastern Cape portion of the development must be sought from the Eastern Cape Provincial Heritage Resources Authority (ECPHRA). *
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 Motivation and EMPr:

38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit has no objections to the proposed development;
38(4)b – The recommendations provided by the heritage specialists are supported and must be adhered to. Specific conditions are provided for the development as follows;
A 50 m buffer zone must be adhered to around the vertebrate burrows as shown in figure 39 of the PIA;
If it is not possible to avoid the vertebrate burrows, permits in terms of section 35 of the NHRA and Chapter II and III of the 2000 NHRA Regulations must be applied for prior to construction;
A walk-down of the final locations of all infrastructure must be completed by an archaeologist and palaeontologist prior to construction. A report detailing the results of the walk-down must be submitted to SAHRA for comment. No construction may occur without comments from SAHRA;
Relevant conditions provided in the original EA application SAHRIS Case 11585 are reiterated below:
A Heritage Management Plan (HMP) must be developed and implemented as part of the EMPr to ensure the in-situ conservation of heritage resources within the development area. The HMP must be submitted to SAHRA prior to construction for comment and approval;
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 Motivation 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.