Case Decision - 196939

Final CommentThe SAHRA Archaeology, Palaeontology, and Meteorites (APM) Unit notes and accepts the submission of the draft EIAr and HIA report, and accepts and endorses the recommendations provided by the Heritage Specialist. SAHRA has no objections to the proposed development on the following conditions:

The conditions of the Comment issued by SAHRA on case ID 745 still stand and have been listed above. 
A final walk down of the mine right area with the local community must be undertaken by a suitably qualified archaeologist once the mine layout is finalised. A report of the walk down must be submitted to the case. 
Before construction commences, a social impact assessment inclusive of detailed social consultation with the Choma Royal family, the village elders and families that will be affected by the mine. The SIA must be undertaken by an anthropologist and a heritage specialist. The assessment must focus on potential impacts the mine will have to the way of life of the locals. It must also assess potential impacts to sites linked to intangible heritage, and sacred spaces. These sites must not be impacted and the results of the assessment must be included in a Heritage Management Plan for long term conservation of these sites.
An archaeologist must be appointed to map, and fully document the stone walled features and structures within the mine right area prior to construction.
Any archaeological sites that will be impacted by the mine even after layout adjustments must be mitigated by a suitably qualified archaeologist. The appointed archaeologist must obtain a section 35 permit in terms of chapter IV of the NHRA Regulations and the NHRA (Act 25 of 1999).
A Chance Finds Fossil Procedures must be developed by a palaeontologist for the area of low sensitivity, and the procedure must be included in the EMPr.
The appointed archaeologist must draft a Heritage Management Plan for the long term conservation of all heritage resources in the mine. 
To reiterate again, the Choma Village must be excluded from all mining related activies.

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 Burial Grounds and Graves (BGG) Unit accepts the recommendations provided in the HIA report. A social consultation process in terms of Chapter XI of the NHRA Regulations, must be carried out to identify the descendants of the burials and to obtain permission to fence in the potential burial identified. The Heritage Management Plan must also include conservation measures for sites HCAC 7, HCAC 8, HCAC 11, HCAC 12, DW025.If the mine is unable to retain the grave in situ the permission must be obtained from the families of the deceased, if they agree to the relocation of their graves 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 012 320 8490).
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 directly to the competent authority and proof of submission must be uploaded to this case.