Applicable legislation
38(8)
Decision Date
Decision Status
Case Decision

Final Comment


The SAHRA Development Applications Unit (DAU) notes and accepts the submission of the draft BAR, PIA, and HIA reports. SAHRA has no objections to the proposed development on the following conditions:

  • 38(4)a – The SAHRA Development Applications 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. The following additional comments include: 
  • An archaeologist must be appointed to undertake monitoring of vegetation and ground clearance activities, and a monitoring report must be submitted to SAHRA regarding any monitoring activities below the high water mark;  
  • 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 below the high water mark, SAHRA DAU (Nokukhanya Khumalo/Natasha Higgitt021 202 8660) must be alerted as per section 35(3) of the NHRA. Non-compliance with 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 below the high water mark, the SAHRA DAU (Nokukhanya Khumalo/Natasha Higgitt021 202 8660), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with 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;
  • This comment must be forwarded to the competent authority;
  • The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.
Case 22123_2.pdf (110.26 KB)