Case Decision - 348149

Final Comment

The SAHRA Development Applications Unit (DAU) notes and accepts the submission of the draft EIA, and HIA reports. SAHRA has no objections to the proposed development on the following conditions:

• 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 comments include: 
• A 30m no-go buffer zone around site ZS001 must be adhered at all times; 
• If the developer is unable to retain ZS001 in situ then a social consultation process as regulated in terms of Chapter XI of the NHRA must be carried out to identify the next of kin to obtain their permission for relocation;
• Any grave relocations must be undertaken by a qualified archaeologist.
• A section 36 of the NHRA permit application in terms of Chapter XI of the NHRA 2000 Regulations must be applied for by a suitably qualified archaeologist.
• The heritage chance finds procedure included in section 9 must be included in the EMPr for implementation;
• 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 (Nokukhanya Khumalo/Natasha 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 DAU (Nokukhanya Khumalo/Natasha 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;
• This comment must be forwarded to the competent authority;
• The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.