Case Decision - 200141

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 EA Report and Final EMPr:38(4)a – The SAHRA Development Application Unit (DAU) has no objections to the proposed development;38(4)b – The recommendations of the specialists are supported and must be adhered to. No further conditionsare recommended for the development;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 Unit (Sityhilelo Ngcatsha/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 offense 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 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 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;As this comment has been issued after the finalisation of the final EIA, this comment must be forwarded directly to the competent authority, and proof of the delivery and receipt thereof must be provided to SAHRA on the SAHRIS application;Should the project be granted Environmental Authorisation, SAHRA must be notified and all relevant documents submitted to the case file.