Case Decision - 198737

Final Comment 

The SAHRA Development Application Unit (DAU) notes and accepts the submission of the draft EIAr, and HIA reports. SAHRA has no objections to the proposed development on the following conditions: 

• 38(4)a – The SAHRA DAU has no objections to the proposed development;
• 38(4)b – The recommendations provided by the heritage specialists are supported and must be adhered to. The following conditions SAHRA endorses:
• A Conservation Plan is developed for the LIA site complex which will outline the relevant roles and responsibilities of SAHRA and the landowners in terms of ongoing management and conservation of these significant sites. This Conservation Plan must be appended to a Heritage Agreement signed between the landowners and SAHRA in terms of section 42 of the NHRA;
• The proposed PV plant must remain within the demarcated area (20ha);
•  A Chance Finds Procedures must be implemented.
• 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 DAU (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660) must be alerted as per section 35(3) of the NHRA. Non-compliance with section of the NHRA is an offence 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 DAU (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with section of the NHRA is an offence 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;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;