Case Decision - 197310

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 EIA and EMPr:

38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit and the 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:
APM Unit conditions: The buffers as provided in Figure 50 must be adhered to. If it is not possible to avoid impact to the archaeological sites, permits in terms of section 35 of the NHRA must be applied for prior to any construction activities;
BGG Unit conditions:The identified burial ground must be conserved in-situ with a 100m buffer-zone and a fence (access gate inclusive). A HMP must be developed for effective management of the site. Should it prove impossible to retain the burial ground, a permit in terms of S35 must be sought for their relocation to a local municipal cemetery. 
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 EIA must be submitted to the SAHRIS application for record purposes;
The decision regarding the EA application and MR application must be submitted to the SAHRIS application for record purposes.