Case Decision - 355481

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 Applications 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. 

The following additional specific conditions are:

A Fossil Chance Finds Procedure must be incorporated in the EMPr for the project and project staff must be made aware of the possibility off finding fossil bones during prospecting;If fossil bones or plants are uncovered then a palaeontologist must be appointed to mitigate the sites. 

A social consultation process in terms of Chapter XI of the NHRA Regulations, 2000, to find and identify descendant family members of graves that will or may be impacted by proposed mining activities, to obtain consent from them;

A grave relocation permit application must be applied for in terms of section 36 of the NHRA and Chapter IX of the NHRA Regulations, 2000;

The permit application must be undertaken by a suitably qualified archaeologist for graves older than 60 years;

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 DA Unit (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 DA Unit (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;

The Final EIAr 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.