Case Decision - 200093

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. The following additional specific conditions apply:

A 100m buffer zone around sites 019, 024, 028, and 036 must be maintained during construction and operation of Solar Energy Facility;

The pathway between burial ground site 020 and the Helpmekaar farm werf must be conserved as these two sites are related to each other;

The Honiball farm werf must be conserved in situ with a buffer zone of 250m;

If the applicant is unable to conserve the aforementioned sites then a section 34 of the NHRA permit application must be applied for to the Free State Provincial Heritage Resources Authority;  

The Fossil Chance Finds Procedures included in the PIA report under section 12 must be included in the EMPr for implementation;

A 100m buffer zone around the cemeteries named sites 017, 020, 029 must be maintained during construction and operation of the Solar Energy Facility;

If the applicant is unable to conserve the aforementioned sites then a grave relocation process must be undertaken, and a permit application applied for to SAHRA in terms of section 36 of the NHRA and Chapter IV of the NHRA 2000 Regulations; 

The grave relocation must be undertaken by a suitably qualified archaeologist with experience in grave relocations;

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 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 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; 

The Final EIAr and appendices must be submitted to the case for record keeping;

The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.