Case Decision - 199115

Final Comment
The SAHRA Archaeology, Palaeontology, and Meteorites (APM) Unit notes and accepts the submission of the Final BAR, and HIA reports. SAHRA has no objections to the proposed development on the following conditions:
38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit and the Burial Grounds and Graves (BGG) Unit has no objections to the proposed development;38(4)b – The recommendations provided by the heritage specialists are supported and must be adhered to. These further additional comments apply:An archaeologist must be appointed to undertake a watching brief during ground clearance activites to monitor if any heritage resources are uncovered during construction.BGG Comments:Site 012A_05 must be investigated further to determine if there is a burial or not.Due to historical issues we have encountered with the Ivanplats community, we fully support the proposal for further investigations to confirm/ rule out the existence of graves at the site in question.A section 35 of the NHRA permit application in terms of Chapter IV of the NHRA 2000 Regulations must be applied for any test excavations for further investigation activities that invovle test excavations.A section 36 of the NHRA permit application in terms of Chapter XI of the NHRA 2000 Regulations must be applied for by a suitably qualified archaeologist if a grave is confimed at the site. The relevant families must be informed of the proposed development prior to the commencement of construction activities.Any grave relocations must be undertaken by a qualified archaeologist
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 (Nokukhanya Khumalo/Phillip Hine 021 202 8654) 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 Burial Grounds and Graves (BGG) Unit (Thingahangwi Tshivhase/Ngqalabutho 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 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;The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.