Case Decision - 348132

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:
• Cultural Management Plan must be submitted to SAHRA for approval prior to construction.
• Detailed recording and mapping of the sites as part of the mitigation of the sites, a report of the recording and mapping must be submitted to the case for record keeping,
• A section 35(3) permit application must be applied, for the collection and mitigation of cultural material recovered to be stored at Smuts House Museum. 
• A section 34 demolition permit application must be applied for and submitted to the Provincial Heritage Resources Authority of Gauteng (PHRAG) for the demolition of structures that are older than 60 years.
• The possible grave at Site 3 has been investigated and found not to be a grave, with no evidence of a burial pit or physical remains. Therefore, the proposed Irene Ridge X215 development in this area can therefore be undertaken here, taking into mind the recommendations put forward in the Phase 1 HIA Report in regard to the rest of the historical resources in the area.
• The developer must exercise caution and ensure that the Fossil Chance Find Protocol is implemented.
• 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.