Case Decision - 196633

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 BAR 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 and within the BAR are supported and must be adhered to. Specific conditions are provided for the development as follows;
A monitoring report  by the ECO on all substantial excavations must be submitted to SAHRA upon completion of the construction phase;
Should it not be possible to avoid the identified archaeological heritage site, a permit in terms of section 35 of the NHRA and Chapter II and IV of the NHRA regulations must be applied for from SAHRA prior to the construction phase. No mitigation may occur without a permit issued in this regard;
An archaeological monitoring report conducted by the appointed qualified archaeologist must be submitted to SAHRA upon completion of the construction phase;
Permits pertaining to all heritage resources protected in terms of section 34 of the NHRA must be sought from the Northern Cape Provincial Heritage Resources Authority;
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 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.