Case Decision - 354991

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 and must be included in the Final EIA and EMPr.

• 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 no-go buffer of 50 m must be maintained around the Later Iron Age site;
• If it is not possible to avoid impact to the Iron Age site, a permit in terms of section 35 of the NHRA must be applied for from SAHRA prior to the construction phase, in order to mitigate the site. No ground clearance or construction may occur without a permit issued in this regard;
• 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; 
• The Final EIA and EMPr must be submitted to SAHRA on this application for record purposes;
• The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.