Case Decision - 200231

Final Comment
The SAHRA Development Applications Unit (DAU) received a letter of request to amend the bufferzone condition on the Final Comment issued 30/04/2023. Upon review of the request and the review of the submitted reports, the SAHRA accepts the request and has amended the buffer zone around the cemetery to 30m. The other conditions still stand and the SAHRA has no objections to the proposed development on the following conditions:
38(4)a – The SAHRA Development Applications Unit 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 are provided as follows:It is noted that the social areas and homestead areas will be cordoned off, a 5m buffer zone must be adhered to.Burials not in the excluded area must be fenced with an access gate with a 30 m buffer zone to prevent encroachment.As the families are known and agree to the conservation of their graves in situ then a written access protocol must be submitted to SAHRA.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 DA Unit (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 DA Unit (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;The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.