Case Decision - 196711

Final Comment
It must be noted that the EA application process has been concluded without including SAHRA during the legislated review period. Several heritage resources were identified within the proposed development, and SAHRA was not provided with the opportunity to provide any feedback on the proposed recommendations and mitigation measures contained within the heritage specialist reports. SAHRA requests that either the EA be amended or the EMPr be updated to include the following conditions to ensure effective protection and management of the identified heritage resources:

A report detailing the results of the recommended archaeological walk-down be submitted to SAHRA for review and comment;
A Heritage Management Plan (HMP) must be developed to ensure the long-term management of in situ heritage resources, including monitoring during construction of the in situ heritage resources.

SAHRA requests that an undertaking to amend the EA or update the EMPr to include the above conditions be submitted to SAHRA before close of business on Friday 11th June 2021. Should the applicant fail to do so, SAHRA will exercise the right to appeal the granting of the EA for the project, the deadline for which will be the 15th June 2021, as SAHRA was informed of the granting of the EA on the 26th May 2021.
SAHRA notes the submitted heritage reports and supports the specialist recommendations. SAHRA notes Conditions 35 and 38 of the granted EA and requests the applicant to make note of the following:

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;
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;
See section 51(1) of the NHRA for a list of offences;
The following conditions apply with regards to the appointment of specialists:
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.