Case Decision - 355899

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 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 minimum buffer of 50m must be established around the farmstead (site no 7.3.1) for the duration of the mining operations
• If the 50m buffer around the ruins (site no 7.3.1) is not possible, then a permit for mitigation and/or destruction in term of section 34 of the NHRA must be obtained from LIHRA prior to any work being carried out.
•  If the burial site (site no. 7.3.2) is to be retained, it should be fenced off permanently by means of a wire fence or brick wall, with a buffer zone of at least 30m.
• 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;
• A minimum buffer of 10m must be established around the homestead site (site no.7.3.3) for the duration of the site development.
• If the minimum buffer around the homestead (site no. 7.3.3) is not possible, then a permit for mitigation and/or destruction in terms of section 34 of the NHRA must be obtained from the LIHRA prior to any work being carried out.
• 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 EIA 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.