Case Decision - 349360

Final Decision

The following comments are made as a requirement in terms of section 38(2) and 38(4) of the NHRA and must be adhered to:

• 38(4)a – The SAHRA Development Application Unit (DAU) has no objections to the proposed rezoning;
• 38(4)b – As per section 38(2)b of the NHRA, no further assessment of the impact to heritage resources is required and no specific conditions are provided for the rezoning;
• If the expansion of the development triggers the need for an Environmental Authorisation in terms of NEMA, an assessment of the impact to heritage resources is required to be conducted as part of the EA process and submitted to SAHRA for review and comment;
• If the expansion does not tirgger NEMA, the triggers in terms of section 38(1) of the NHRA may still apply. An application must be made to SAHRA in this regard. No development may continue without a decision made by SAHRA in this regard;
• 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 APM Unit (Nokusho Ngobeni/ Natasha Higgitt 021 462 5402) 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 (Nokusho Ngobeni/ Natasha Higgitt 021 462 5402), must be alerted immediately as per section 36(6) 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)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.