Case Decision - 196740

Final Comment
SAHRA must first note that the granting of the EA without complying with the Interim Comment issue in 2019 is not in compliance with section 38(8) of the NHRA nor in terms of section 40(2)b of the NEMA EIA regulations. The EA should not have been granted without ensuring that the impacts to heritage resources were conducted as per section 38(3) of the NHRA and that the comments of the relevant heritage authority were taken into account during the decision-making process.
However, SAHRA is satisfied with the HIA and the recommendations provided by the specialist and the mitigation measures provided in the Final BAR. In terms of Condition 3.18 of the issued EA, The applicant must adhere to the following conditions:

Once the location of the boreholes, laydown area and access roads are identified, a field survey of these activity areas must be conducted by a qualified heritage practitioner. A report must be submitted to SAHRA with the results of the survey for comment. No invasive activities may occur without a comment from SAHRA in this regard;
A 50 m buffer zone around the Provincial Heritage sites must be maintained;
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 with regards to 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.