Case Decision - 361303

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:
• The remains of stone walling and stone heap (Site 2) and an informal cemetery/ graveyard (Site 1) must be avoided and fenced-in and a buffer zone of 30m around them be implemented wherein which no development is allowed.
• A Cultural Heritage Management Plan should also be drafted and submitted to SAHRA for approval prior construction.
• 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 graves (Site 1);
• Should it not be possible to avoid site 1, 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 graves (Site 1) 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;
• If Site 2 is not possible to avoid permit in terms of section 35 of the NHRA must be applied for 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 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.