Case Decision - 355355

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 and EMPr:

• 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. Further additional conditions include the following:
• A 100 m no-go buffer zone must be maintained around the burial sites (WBS01, WBS02, WBS03, WBS04, WBS05, WBS06, WBS07, WSB08, WBS09 & WBS10). The identified burial site must be properly mapped and marked prior the development.
• Access must be granted to the NoK to visit the graves and perform rituals.
• A site management plan be developed and submitted to SAHRA prior the development
• The buildings/ structures (WHS02, WHS03, WHS04) protected under the NHRA as well as structure over 60 years (WSS01 & WSS02) protected in terms of section 34 (4) should be maintained with a 30m buffer zone.
• If the building and structures are not avoided, then a demolition permit in terms of section 34(4) will have to be applied for to the SAHRA once the assessment has been completed.
• 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 (Nokusho Ngobeni/Natasha Higgitt 021 202 8660) must be alerted as per section 35(3) of the NHRA. Non-compliance with this 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 (Nokusho Ngobeni/Natasha Higgitt 021 202 8660), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with this 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;
• The Final BAR and EMPr must be submitted to SAHRA for record purposes; 
• The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.