Case Decision - 199832

Final Comment
The following comments are made as a requirement in terms of section 3(4) of the NEMA Regulations and section 38(8) of the NHRA in the format provided in section 38(4) of the NHRA and must be included in the Final EIA and EMPr:

38(4)a – The SAHRA Development Applications Unit (DAU)  and Maritime and Underwater Cultural Heritage (MUCH) Unit has no objections to the proposed development;
38(4)b – Having reviewed the DEIA and the Heritage Letter, SAHRA notes there are no changes to the impact on heritage raised during the revised report. Therefore the previous comment issued by SAHRA on 27th January 2023 still stands and should be adhered to during this project.
38(4)c(i) – If any evidence of archaeological sites or remains (e.g. shipwrecks or shipwreck material, or other categories of heritage resources) are found during the proposed development, SAHRA DAU (Natasha Higgitt 021 202 8660) must be alerted as per section 35(3) of the NHRA. Non-compliance with this 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 of the NHRA regarding offences;
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 maritime archaeologist, 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 heritage significance, a Phase 2 rescue operation may be required subject to permits issued by SAHRA;
The Final EIA and EMPr of the development must be submitted to SAHRA for record purposes;
SAHRA must be informed regarding the outcome of the EA application. The decision on the EA application must be uploaded to the SAHRIS Case for record purposes.