Case Decision - 354551

Final Comment:

The following comments are made as 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.

• 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:
• A consultation process in terms of section 36(5) of the NHRA and relevant regulations must be completed;
• If grave relocation is found to be acceptable by any Interested and Affected Parties, a grave relocation permit in terms of section 36(3) of the NHRA may be applied for prior to commencement of development activities for the mitigation of site UP-HF-2628- 01;
• 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 (John Pakwe 0638941979 / [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)d – See section 51 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; 
• As the Final EIA report has been finalized without the inclusion of SAHRA comments, this comment must be forwarded directly to the competent authority for their review as part of the decision-making process in terms of section 38(8) of the NHRA. Proof of the delivery and receipt thereof must be provided to SAHRA;
• The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.