Applicable legislation
38(4)
Decision Date
Decision Status
Case Decision

Final Decision

The following comments are made as a requirement in terms of section 38(4) of the NHRA:

  • 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. There are no further additional conditions;
  • 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 DAU (Khanyisile Bonile 021 202 8669/ [email protected]) 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 DAU (Khanyisile Bonile 021 202 8669/ [email protected]), 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.