Case Decision - 347544

Final Comment

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 BAR and EMPr:

• 38(4)a – The SAHRA Development Application 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. Further additional conditions include the following:
• A Phase 2 Mitigation report for the Married Quarters Rock Art site must be submitted to the SAHRA before a destruction permit can be applied for. Detailed recording of rock art (Married Quarters Rock Art Site) and as part of the mitigation of the site, engraved rocks to be stored at the on site museum. 
• Gestoptefontein Hill and the Charlie Badenhorst Rock Art site must be avoided with a 30 m buffer and demarcated as a no-go zone. The Charlie Badehorst Rock Art site must be fenced off.
• A Heritage Site Management Plan (HSMP) must be compiled for the Gestoptefontein Hill and Charlie Badenhorst Rock Art sites and submitted to SAHRA for approval prior to construction. 
• The decision to nominate Grade II sites (the Gestoptefontein Hill and Charlie Badenhorst Rock Art sites) as a Provincial Heritage Site must be submitted to SAHRA. 
• The burial site (Small cemetery) must be avoided with a 60 m buffer and it must be demarcated. 
• A Conservation Management Plan (CMP) must be developed for the recorded cemeteries and submitted to SAHRA for approval prior to construction.
• The identified heritage resources must be monitored by the ECO during construction to implement the Chance Find Procedure.
• 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 (Nokusho Ngobeni/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 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 (Nokusho Ngobeni/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 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.