Case Decision - 195507

Final Comment
South African Heritage Resources Agency (SAHRA) Archaeology, Palaeontology and Meteorites (APM) Unit accepts the HIA and the PIA reports submitted to the case for commenting and has no objection to the development going ahead.
The Chance Finds Fossil Procedure as detailed in the PIA must be included in the EMPr.
If any historical buildings will be impacted by the proposed development, then comment and permits in terms of section 34 must be sought from the Mpumalanga Heritage Resources Authority (MPHRA). Please contact Benjamin Moduka at [email protected] or call the offices at 013 766 5196.
In the event that fossils are uncovered during construction then construction must cease within the immediate vicinity, a buffer of 30 m must be established, and a palaeontologist called in to inspect the finds. The palaeontologist must obtain a section 35(4) permit in terms of NHRA and Chapter IV NHRA Regulations, before any fossils are collected.
If there are any new heritages resources are discovered during construction and operation phases of the proposed development, then a professional archaeologist or palaeontologist, depending on the nature of the finds, must be contracted as soon as possible to inspect the findings at the expense of the developer.
If the newly discovered heritage resources prove to be of archaeological or palaeontological significance, a Phase 2 rescue operation may be required at the expense of the developer. Mitigation will only be carried out after the archaeologist or palaeontologist obtains a permit in terms of section 35 of the NHRA (Act 25 of 1999). You may contact SAHRA APM Unit for further details: (Nokukhanya Khumalo/Phillip Hine 021 202 8654).The SAHRA Burial Grounds and Graves (BGG) Unit accepts the recommendations for the burial grounds identified in the HIA report. As there will be no impacts to the burial grounds, no further mitigation is required. However, Heritage Management Plan for the long term conservation of the burial grounds in the Mine right area must be developed and included in the EMPr. The SAHRA BGG advices that the 3 unfenced burial grounds are fenced however before fencing may occur, permission from the family members must be sought. This must be done by undertaking a social consultation process to identify the family members of the site. This must be done in terms of Chapter IX of the NHRA Regulations and section 36(3) of the NHRA. If any unmarked human burials are uncovered and the archaeologist called in to inspect the finds and/or the police find them to be heritage graves, then mitigation may be necessary and the SAHRA Burial Grounds and Graves (BGG) Unit must be contacted for processes to follow (Thingahangwi Tshivase/Mimi Seetelo 072 802 1251).
The Final EIAr and its appendices must be submitted to the case and once a Record of Decision from the competent authority is issued, it must also be submitted to the case. This comment must be forwarded to the competent authority and proof of submission must be uploaded to the case.