Case Decision - 198710

Final Decision
The following conditions are provided 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 the NHRA;
38(4)b – The recommendations of the specialists are supported and must be adhered to. No further additional specific conditions are provided for the development;
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 (Sityhilelo Ngcatsha/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:
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 Environmental Sensitivity Report as noted in point 8 of Table 2 of the BID must be submitted to SAHRA for record purposes;
Should the final pre-negotiated route differ from the proposed route or comments are received during the public commenting period with regards to heritage resources, the HIA and PIA must be amended to assess the new route and address the public comments. The amended HIA and PIA must be submitted to SAHRA for review and decision in terms of section 38(3) and 38(4) of the NHRA;
The Final Environmental Sensitivity report must include any new decision from SAHRA and the report must be submitted to SAHRA for record purposes;
SAHRA must be notified of the registration of the development as per point 14 and 15 of Table 2 of the BID.