CaseReference
Applicable legislation
38(2)
38(4)
Decision Date
Committee
Decision Status
Case Decision
Final Decision
As the proposed line will be located in a previously disturbed area, is unlikely that in-situ heritage resources will be impacted by the proposed development. As such, no further assessment of the impact to heritage resources is required as per section 38(2)a of the NHRA.
The applicant is advised of the following:
- 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. Further additional specific conditions are provided for the development as follows;
- 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 (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 (Stephen van den Heever [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;
- 38(4)d – See section 51(1) of the NHRA regarding offenses;
- 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.
23165 Final Decision.pdf (107.6 KB)