Case Decision - 366398

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 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. Further additional conditions include the following:
• In case the development and the archaeological materials cannot coexist, the excavation (Phase 2 HIA) of the sites and the recording and preservation of the archaeological materials as the mitigation measure. which includes;
• The applicant must apply for a separate permit application in terms of section 36 of the NHRA of 1999 no. 25 from SAHRA for a Ground Penetrating Radar (GPR) and Test Ecavation (TE) to verify the possible graves
• A social consultation process must be conducted for the Project specifically regarding the grave relocation process and to identify the Next of Kin (NoK).
• If graves in the Project area must be relocated, a separate permit application in terms of section 36 of the NHRA of 1999 no. 25 must be applied for from SAHRA for a grave exhumation and relocation
• A separate permit application in terms of section 35 of the NHRA of 1999 no. 25 must be applied for from SAHRA for the mitigation of the Iron Age settlements and resources prior to applying for destruction permits for the sites by the developer;
• A chance find procedure for the development must be compiled and submitted to SAHRA for approval.
• A 30m buffer around the graves must be established.
• 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 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 (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 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 BAR and EMPr must be submitted to SAHRA for record purposes;