Case Decision - 353728

Final Comment

As the NEMA EA process has been concluded, SAHRA is not able to impose additional conditions on the development. The applicant is advised of the following:

• The recommendations of the heritage specialists are supported and must be adhered to;
• The Phase 1 HIA to be conducted prior to drilling should be submitted to SAHRA for review and approval;
• 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 (Natasha Higgitt 012 202 8660/ [email protected]) 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;
• If unmarked human burials are uncovered, the SAHRA DAU (Natasha Higgitt 012 202 8660/ [email protected]) 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;
• See section 51(1) of the NHRA regarding 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;
• The Final BAR and EMPr 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.