Case Decision - 200151

Final Comment
The following comments are made as a requirement in terms of section 38(1) of the NHRA in the format provided in section 38(4) of the NHRA and must be included in the Planning Application to the City of Tshwane:
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 specific conditions apply:The Fossil Finds Procedure under appendix 1 of the 2023 Palaeontological Desktop Study must be implemented during construction activities by the construction manager.An architect or historical archaeologist must be appointed for the documentation and mapping of the historical water furrow. A section 34 permit application must be applied for to the Gauteng Provincial Heritage Authority (GPHRA) for the destruction of a portion of the furrow.A section 35 permit application must be applied for by a suitably qualified archaeologist to undertake an archaeological investigation of the identified LIA sites, and mapping of the features and excavation of certain features.A Heritage Management Plan must be undertaken by a suitably qualified archaeologist for the long term conservation of the remaining archaeological sites. Graves Management Plan must be compiled for the long tern conservation of the cemetery in situ. The management plan must include access rights to possible Next-of-Kin. A social consultation process must be undertaken to identify the Next -of-Kin of the burials in the cemetery and to obtain permission to fence the site and to furnish them with a visitation procedure as part of the Graves Management Plan.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;