Case Decision - 197357

Final Comment
The following comments are made as a requirement in terms of section 3(4) of the NEMA Regulations and section 38(8) of the NHRA in the format provided in section 38(4) of the NHRA and must be included in the Final EIAr and EMPr:

38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) 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:
If it is not possible to avoid the section 35 heritage sites that are recommended to be avoided, permits in terms of section 35 of the NHRA must be applied for prior to the construction phase. No construction may occur before permits are issued and the conditions of the permits are met;
All section 34 permits applications must be submitted to the Northern Cape Provincial Heritage Resources Authority for their decision;
A Heritage Management Plan must be developed and submitted to SAHRA prior to construction that must include the recommended mapping of the prospecting excavation work;
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 EIAr and EMPr must be submitted to SAHRA for record purposes;
The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.