Case Decision - 197910

Final Decision
The following comments and conditions are in terms of section 38(4) of the NHRA:

38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit has no objections to the proposed development with regards to all heritage resources protected in terms of sections 35 and 36 of the NHRA, and no further studies are required to be undertaken;
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:
Archaeological monitoring must be conducted at all times during excavations. An appointment letter of the relevant archaeologist must be provided to SAHRA before construction commences. No construction may commence without monitoring. Bi-weekly reports of the monitoring must be submitted to SAHRA;
The proposed line located adjacent to Samy’s Wholesalers must be an aerial line. Undetected burials have previously been uncovered in this area, and aerial lines will reduce the risk of uncovering additional burials. Pole excavations for the aerial line must be monitored by an archaeologist and a separate monitoring report must be submitted for this section;
While some of the proposed lines are located in areas of moderate and high sensitivity as per the SAHRIS PalaeoSensitivity Map, no further assessment of the impact to palaeontological resources are required as the development footprint is located in areas that have been previously disturbed by road construction and the installation of other services;
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/Ngqabutho Madida 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 offenses;
38(4)e – The following conditions apply with regards to the appointment of specialists:
With reference to the mitigation work noted above, a qualified archaeologist must be appointed to undertake the work in terms of the monitoring recommended above;
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;
All permit applications regarding declared heritage areas and section 34 heritage resources must be applied for from the Northern Cape Provincial Heritage Resources Authority (NCPHRA).