Case Decision - 196377

Final Comment
The South African Heritage Resources Agency (SAHRA) Archaeology, Palaeontology and Meteorites (APM) Unit accepts the HIA, PIA and the Heritage Management Plan reports submitted to the case for commenting, and has no objection to the development going ahead on the following conditions.
If fossil remains or trace fossils are discovered during any phase of construction, either on the surface or exposed by excavations the Environmental Officer (EO) in charge of these developments must be informed. These discoveries ought to be protected and the ECO must report to SAHRA.
A Chance Finds Fossil Procedures must be developed by a palaeontologist and it must be included in the EMPr.
The ECO, mine manager and mine workers must obtain training in identifying fossils that may occur in the region.
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 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 Burial Grounds and Graves (BGG) Unit accepts the recommendations provided in the HIA report and the Heritage Management Plan (HMP). Site OG4; OG4A &OG4B will be retained in situ and conserved as per the guidelines in the HMP. A social consultation process must be in line with Chapter XI of the NHRA Regulations. If the families of the deceased agree to a grave relocation then a section 36 of the NHRA permit application must be logged on SAHRIS.
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 BAR 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.