Case Decision - 195302

Final Comment 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 EIA and EMPr:

38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit and the Burial Grounds and Graves (BGG) 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. Additional further specific conditions are provided for the development as follows:
A fence with an access gate must be erected around the identified grave sites;
All heritage resources grading with a medium and high significance rating must be avoided with a buffer of 30 m;
If it is not possible to avoid the identified historical structures, and these resources are older than 60 years but younger than 100, permits in terms of section 34(1) of the NHRA and Chapter II and III of the NHRA regulations must be  applied for from the Limpopo Heritage Resources Authority (LIHRA);
If it is not possible to avoid the identified historical structures, and these resources are older than 100 years and are in ruin, permits in terms of section 35(4) of the NHRA and Chapter II and III of the NHRA regulations must be applied for from SAHRA;
If it is not possible to avoid the identified burial grounds, a consultation process in terms of section 36 of the NHRA and Chapter XI of the NHRA must be conducted;
If grave relocation is found to be feasible following the above-noted consultation, permits in terms of section 36 and Chapter II and IX of the NHRA regulations must be applied for from the SAHRA BGG Unit;
A Heritage Management Plan (HMP) must be compiled for all heritage resources that will remain in-situ to ensure they are managed in terms of the NHRA;
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 (Nokukhanya Khumalo/Phillip Hine 021 202 8654) must be alerted as per section 35(3) of the NHRA. Non-compliance with section of the NHRA is an offence 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 offence 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 EIA and EMPr must be submitted to SAHRA for record purposes;
The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.