Case Decision - 197173

Final Comment
The SAHRA Archaeology, Palaeontology and Meteorites (APM) accepts the HIA and PIA reports and the recommendations contained in them. The SAHRA has no objection to the development going ahead on the following conditions:A suitably qualified archaeologist must be appointed for the mitigation of sites GW003 and MH013 as detailed under section 9.5 of the HIA report. The archaeologist must apply for a section 35 (4) permit in terms of NHRA and Chapter IV NHRA Regulations, before any mitigation begins. and the relocation of burials MH001; MH001.1; MH002; MH014; MH016; and MH019 as detailed under section 9.6.A heritage management plan must be compiled by a heritage specialist to assit in the long term conservation of all identified sites that will not be mitigated, and the report must be submitted to the case on SAHRIS.
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).
The Burial Grounds and Graves (BGG) Unit accepts the recommendations provided in the HIA report for the relocation of burials MH001; MH001.1; MH002; MH014; MH016; and MH019 as detailed under section 9.6. A social consultation process in terms of Chapter XI of the NHRA Regulations, must be carried out to identify the descendants of the burials and to obtain permission to fence in the burials that will be conserved and for the relocation of those that will be impacted. If the families agree to the relocation of their graves then a section 36 of the NHRA permit application must be logged on SAHRIS.
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 012 320 8490).
The Final EIAr  and its appendices must be submitted to the case and once a Record of Decision from the competent authority is issued, it must also be submitted to the case.