Case Decision - 351630

Final Decision

This decision is made as a requirement in terms of section 38(1) of the NHRA in the format provided in section 38(4) of the NHRA: 

• 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 specific conditions are:
• A 15m no-go buffer zone must be adhered to around Feature 1 which is closest to the Heritage Information Centre;  
• A section 35 of the NHRA permit application in terms of Chapter IV and of the NHRA 2000 Regulations must be made to SAHRA for the mitigation of this site;
• The interpretation material and content must be submitted to SAHRA for approval in terms of section 44(2) of the NHRA;
• A Cultural Management Plan must be developed by a suitably qualified archaeologist for the long term management of the stone walled site that will become accessible due to the Heritage Education Centre. The CMP must discuss the number of visitors that will be granted access to the sites in one tour, and any measures put in place for the maintenance of the site with greater possibility of stone robbing due to greater public access. The CMP must be submitted to SAHRA for approval prior to the construction phase;
• 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 DA Unit (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660) must be alerted as per section 35(3) of the NHRA. Non-compliance with this 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 DA Unit (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with this 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;