Case Decision - 355492

Final Comment

The following comments are made as a requirement in terms of 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 of the specialists are supported and must be adhered to. Further additional specific conditions are provided for the development as follows:
• The grave at Site NPP 004 must remain avoided by the development.
• The potential grave (NAN-F02) must be fenced-off conservation buffer of 10 m must be established and maintained for effective in-situ preservation and access to the site should not be refused.
• The proposed fence infrastructure should be at least 1.2 m high and must include a gate. 
• A stakeholder engagement process must be undertaken in terms of section 36 of the NHRA and Chapter XI of the NHRA 2000 Regulations, to obtain permission to install the fence or relocate the grave;
• Should it not be possible to avoid the grave, a full public consultation process in terms of section 36 of the NHRA and Chapter XI of the NHRA Regulations must be undertaken;
• If relocation of the grave is found to feasible following the consultation process, a permit in terms of section 36 of the NHRA and Chapter II and IX must be applied from SAHRA;
• 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 offense 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 offense 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 regarding offences;
• 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 must be submitted to the SAHRIS application for record purposes;
• The decision regarding the EA application must be submitted to the SAHRIS application for record purposes.