Case Decision - 195327

Final CommentIt is noted that the Bar report was initially submitted as a comment, and that SAHRA did not respond to the submission within the public review period. As such, the SAHRA Archaeology, Palaeontology, and Meteorites (APM) Unit notes the development application, endorses the maintenance of the Arbor Railway building but due to our comments being late, SAHRA grants the development an exemption from undertaking a palaeontological assessment by a suitably qualified palaeontologist. However, the following general conditions still apply:A detailed Fossil Finds Procedure must be developed and included in the EMPr in the event that Fossililiferous rocks are uncovered. This procedure must be developed by a suitably qualified palaeontologist, or reviewed by a suitably qualified palaeontologist.In the event that fossils are uncovered during construction then construction must cease within the immediate vicinity, a buffer of 30 m must be established, and a palaeontologist called in to inspect the finds. The palaeontologist must obtain a section 35(4) permit in terms of NHRA and Chapter IV NHRA Regulations, before any fossils are collected.
If there are any new heritages resources are discovered during construction and operation phases of the proposed development, then a professional archaeologist or palaeontologist, depending on the nature of the finds, must be contracted as soon as possible to inspect the findings at the expense of the developer.
If the newly discovered heritage resources prove to be of archaeological or palaeontological significance, a Phase 2 rescue operation may be required at the expense of the developer. Mitigation will only be carried out after the archaeologist or palaeontologist obtains a permit in terms of section 35 of the NHRA (Act 25 of 1999). You may contact SAHRA APM Unit for further details: (Nokukhanya Khumalo/Phillip Hine 021 202 8654).
If any unmarked human burials are uncovered and the archaeologist called in to inspect the finds and/or the police find them to be heritage graves, then mitigation may be necessary and the SAHRA Burial Grounds and Graves (BGG) Unit must be contacted for processes to follow (Thingahangwi Tshivase/Mimi Seetelo 072 802 1251).If any historical buildings will be impacted by the proposed development, then comment and permits in terms of section 34 must be sort from the Mpumalanga Heritage Resources Authority (MPHRA). Please contact Benjamin Moduka at [email protected] or call the offices at 013 766 5196.
Once a Record of Decision from the competent authority is issued, it must also be submitted to the case. This comment must be forwarded to the competent authority and proof of submission must be uploaded to the case.