Applicable legislation
38(8)
Decision Date
Decision Status
Case Decision

Final Comment

As SAHRA has missed the opportunity to provide comments as part of the NEMA process, SAHRA cannot impose additional conditions on the development. SAHRA advises the applicant of the following:

  • The Final Comment issued on the 19/11/2021 are still valid and must be adhered to;
  • The recommendations of the specialists are supported and must be adhered to;
  • 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 (Sityhilelo Ngcatsha 021 202 8663/[email protected]/Natasha Higgitt 021 202 8660/[email protected]) 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;
  • If unmarked human burials are uncovered, the SAHRA DAU (Sityhilelo Ngcatsha 021 202 8663/[email protected]/Natasha Higgitt 021 202 8660/[email protected]) 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;
  • See section 51 of the NHRA for offences;
  • 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.