Case Decision - 353902

Final Comment 

The following comments are made as a requirement in terms of section 3(4) of the NEMA Regulations and 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:

• 38(4)a – The SAHRA Development Application 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. These further additional comments apply:
• The HIA and PIA reports by suitably qualified archaeologist and palaeontologist must be submitted to the case prior to bulk sampling phase, and the SAHRA must provide comments on the reports before sampling may commence;
• A red-flag area of 300m from the high water mark is imposed where extra care is taken in terms of avoiding impacts to significant archaeological resources.
  This includes:
  a. restricting prospecting in this area to hand auguring and
  b. the inclusion of an archaeological and palaeontological awareness programme, to be implemented prior to prospecting taking place on the site;
• 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 (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660) must be alerted as per section 35(3) of the NHRA. Non-compliance with 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 DAU (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with 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;