Case Decision - 366424

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. The following additional specific conditions are provided for the development:
• The walkdown report must be submitted to SAHRA for review. No construction may commence without comments from SAHRA in this regard; 
• An archaeologist must be appointed to section 35 of the NHRA permit application will have to be applied for to SAHRA for the mitigation of archaeological sites that may be impacted by the development;
• A social consultation process in terms of Chapter XI of the NHRA 2000 Regulations and section 36 of the NHRA must be undertaken to identify descendant families of the burial grounds located within the development area, to obtain permission for fencing of burial grounds and/or relocation of the burial grounds
• A section 36 of the NHRA permit application will have to be applied for to the SAHRA for the mitigation or relocation of burial grounds or graves within the development area;
• 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 (Stephen van den Heever [email protected], Natasha Higgitt 021 202 8660/ [email protected]) 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 (Natasha Higgitt 021 202 8660/ [email protected]) 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:
• 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.