Case Decision - 348357

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 of the specialists are supported and must be adhered to. Further conditions are recommended for the development as follows:
• A Grave Management Plan (HMP) must be developed in order to manage the Graves for the in situ. This HMP must be submitted to SAHRA for review and comment prior to the commencement of the drilling and excavations;
• Should it not be possible to avoid the identified burial ground, a consultation process in terms of Chapter XI of the NHRA Regulations must be conducted in order to understand the way forward regarding the preservation of the graves;
• Should relocation of the graves be found to be the way forward, a permit in terms of section 36 of the NHRA must be applied for. This must be completed prior to the  drilling and excavations;
• 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 Unit (Sityhilelo Ngcatsha/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 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 Unit (Sityhilelo Ngcatsha/Natasha Higgitt 021 202 8660), must be alerted immediately as per section 36(6) of the NHRA. Noncompliance with 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 regarding offences;
• 38(4)e – The following conditions apply with regards to the appointment of specialists: 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