Case Decision - 196809

Final Decision
The SAHRA Archaeology, Palaeontology and Meteorites (APM) accepts the HIA report submitted to the case. Furthermore, the development is located in a grey paleontological zone and according to the SAHRIS palaeomap policy, the development is exempt from undertaking an assessment of impacts to palaeontological resources. The SAHRA has no objection to the development going ahead on the following conditions:A suitably qualified archaeologist must be appointed by the developer in order to mitigate and implement the recommendations provided in Archaeological Impact Assessment. The appointed archaeologist must obtain a section 35(4) permit in terms of NHRA and Chapter IV NHRA Regulations, before any excavations or mitigation work of Later Iron Aged site.A section 34 permit application must be applied for to the Limpopo Heritage Resources Authority (LIHRA) in order alter, damage or destroy the historical structure.In the unlikely 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).
It is noted that the Environmental Authorisation was granted in 2018. However, the developer is reminded that it is an offence in terms of section 50 of the NHRA, Act 25 of 1999  to alter, damage or destroy any heritage resources without a permit application. This Final Comment does not constitute a permit application. A separate application must be made, and it must be applied for by a suitably archaeologist as mentioned above.