Case Decision - 197179

Final Comment
The following comments are made as a requirement in terms of 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 and Burial Grounds and Graves (BGG) Unit has no objections to the proposed development;
38(4)b – The recommendations of the specialists are supported and must be adhered to. Further additional specific conditions are provided for the development as follows:
Conditions provided by the BGG Unit: A buffer-zone of 100m must be established and maintained for in situ  preservation of the identified heritage graves. If the sites cannot be retained in situ, a social consultation process in terms of Chapter XI of the NHRA Regulations, must be carried out to identify the descendants of the buried individuals. Upon agreement with the families of the deceased, grave relocation permit application must be logged on SAHRIS in terms of section 36 of the NHRA. For queries regarding BGG Conditions, please contact Thingahangwi Tshivhase ([email protected]); 
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 regarding offences;
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 BAR must be submitted to the SAHRIS application for record purposes;
The decision regarding the EA application and MP application must be submitted to the SAHRIS application for record purposes.