Case Decision - 197347

Final Comment
The SAHRA Archaeology, Palaeontology and Meteorites (APM) accepts the HIA report, palaeontological desktop assessment and recommendations contained therein. The SAHRA has no objection to the development going ahead on the following conditions:The Chance Finds Fossil Procedures must be included in the environmental management plan.A 20m bufferzone around site Exigo-MHIIA01 must be maintained at all times during construction. The limits of the site must be demarcated by temporary red danger tape to prevent accidental damage by the construction crew.The initial stages of the development be monitored by a suitably qualified archaeologist to re-assess the presence of possible heritage resources in the project area. A monitoring report must be uploaded to the case.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. A social consultation process in terms of Chapter XI of the NHRA Regulations, must be carried out to identify the descendants of the burials at sites Exigo-MHI-BP01 - Site Exigo-MHI-BP03. If the identified families agree to the fencing of sites, then a section 36 NHRA permit application must be logged on SAHRIS for the fencing of the grave site. 
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).
The Final BAR 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.