Case Decision - 349564

Final Comment

The following comments are made as a requirement in terms of 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 Applications Unit (DAU) has no objections to the proposed development;
• 38(4)b - The recommendations of the specialists are supported and must be adhered to. Additional specific conditions are provided for the development as follows: 
• Site 14 (2017), DNP3 (2017), Site 14 (2023), Site 8 (Kgatle & Sesoko Grave Site) (2023), and Site 9 (Nyabela Grave Site) (2023): must be avoided with a 30m buffer and monitored by the ECO to ensure that development activities do not encroach onto the site. Social consultation in terms of section XI of the NHRA Regulations 2000 to identify the next of kin and obtain permission to fence the burial grounds. An access protocol should be compiled for Next of Kin (NoK) who might want to visit the sites as well as a grave management plan to ensure the site is protected.
• If sites are older than 100 years, permits in terms of section 35 of the NHRA must be applied for from SAHRA. If the sites are older than 60 years, but younger than 100 years, permits in terms of section 34 of the NHRA must be applied for mitigation purposes;
• If the burial ground cannot be avoided, the required consultation process as per section 36 of the NHRA must be conducted and permits in terms of section 36 applied for from SAHRA if relocation is found the be feasible;
• An alteration permit application in terms of section 34 of the NHRA must be applied for to the Gauteng Provincial Heritage Resources Authority (GPHRA), in order to make alterations to the buildings older than 60 years.
• 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 (Stephen van den Heever [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;
• 38(4)c(ii) - If unmarked human burials are uncovered, the SAHRA DAU (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;
• 38(4)d - See section 51(1) 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 EIA must be submitted to the SAHRIS application for record purposes;
• The decision regarding the EA application must be submitted to the SAHRIS application for record purposes.