Case Decision - 376262

Final Comment:

The following comments are made as 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 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:
• Based on the Blasting Report, the SAHRA DAU is approving the reduction of the 100m buffer zone around site RD001 to 40m with decking due to the number of graves and unknown SDOB of all graves, and to mitigate the impacts of Flyrock. If the implementation of this condition is not possible, a permit in terms of section 36 of the NHRA for the Grave Relocation Process must be obtained and process completed prior to construction activities.
• 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 (John Pakwe 0638941979 / [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)d – See section 51 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 decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.