Case Decision - 200158

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, SAHRA notes that maritime heritage has been addressed and mitigation measures have been recommended. Sections 6.2.3 and 7.5.10 make reference to maritime heritage and include measures to be undertaken during the proposed project. SAHRA supports these measures and emphasises that the recommendations set out in section 7.5.10 must be adhered to should any cultural heritage come to light.

38(4)b - The final EMPR addresses heritage in sections 7.3.10 and 7.7.20, the Impact Management Actions made in these sections are supported by SAHRA and must be adhered to during the proposed 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; Should any shipwrecks be identified as part of this project then SAHRA must be notified to enable the information to be added to the national shipwreck database.

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.