Case Decision - 345457

Final Comment

SAHRA will not appeal the granting of the EA on the condition that the following terms are adhered to:

• The mitigation measures recommended by the specialist are adhered to;
• The Phase 2 HIA and HMP as recommended in the EMPr are completed and submitted to SAHRA for review and comment prior to the construction phase;
• SAHRA reserves the right to impose additional conditions on the development based on the above Phase 2 HIA;
• 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 Development Applications Unit (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)c(ii) – If unmarked human burials are uncovered, the SAHRA DAU (Natasha Higgitt 021 202 8660) must be alerted immediately as per section 36(6) 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 for offences;
• 38(4)e – The following conditions apply with regards to the appointment of specialists:
• With reference to the mitigation work noted above, a qualified archaeologist must be appointed to undertake the work in terms of the permit applied for as noted above;
• 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.