Case Decision - 200343

Final Comment

The following comments are made as a requirement in terms of section 38(8) of the NHRA in the format provided in section 38(4) of the NHRA, noting that the Environmental Authorisation for this project has been received. The following must still be adhered to

-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 are:
-Any maritime finds must be reported to the Maritime archaeologist and SAHRA.
-A suitably qualified palaeontologist must be appointed to draft a Fossil Chance Finds Procedure that must be incorporated in the EMPr for the project and project;
-The appointed palaeontologist must also induct the construction crew prior to construction;
-If fossil bones or plants are uncovered, then a palaeontologist must be appointed to mitigate the sites. A section 35 permit application must be applied for to SAHRA for all sites located below the high-water mark;
-The identified archaeologically sensitive areas (including the buffer zones of 30m) must be avoided as far as possible by all project activities;
-If the identified significant archaeological sites will be disturbed or damaged, then an archaeologist with a back in stone aged sites must be appointed to mitigate the sites. A section 35 permit application must be applied for to SAHRA for all sites located below the high water mark;
-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 Final BAR and EMPr must be submitted to SAHRA for record purposes;
-The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.