Case Decision - 199226

Final Comment

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

38(4)a – The SAHRA Development Applications Unit (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. These further additional comments apply:
Any palaeontological and archaeological material uncovered during construction must be kept in situ and the ECO must be informed of the findings.
Sites 4 and 7 must be retained in situ with a buffer zone of 30m around the site.
A section 34 permit application must be obtained from the Limpopo Heritage Resources Authority (LIHRA) if sites 4 and 7 will be impacted.
Sites 1 and 8 must be retained in situ with a buffer zone of 30 m around each burial ground. Both burial grounds must be fenced with an access gate.
If the burial grounds cannot be retained in situ then 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 relocated the graves.
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;
This comment must be forwarded to the competent authority;
The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.