Case Decision - 197593

Final Comment
The South African Heritage Resources Agency (SAHRA) Archaeology, Palaeontology and Meteorites (APM) Unit accepts the HIA and the Palaeontological Impact Assessment reports submitted to the case for commenting, and has no objection to the development going ahead on the following conditions.A Cultural Management Plan CMP for the long term conservation of all burial grounds and farmsteads that will not be mitigated or relocated is recommended. This CMP must be submitted to SAHRA for approval and it must be implemented by the mine.
A Chance Finds Fossil Procedures must be developed by a palaeontologist and it must be included in the EMPr.A monitoring plan must be developed and provision in the budget must be made for a palaeontologist to undertake monitoring of areas underlain by the Vryheid Formation.
The ECO, mine manager and mine workers must obtain training in identifying fossils that may occur in the mine right area.
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. The ECO or mine manager must monitor all construction activities near grave site 15 in order to prevent any accidental damage to the site. A buffer-zone of atleast 100m must be established and maintained around identified graves to minimize possible impact to the graves. The Cultural Management Plan CMP that must be compiled for the mine must also include measures for the long term conservation of all  burial grounds that will not be relocated. A social consultation process in terms of Chapter XI of the NHRA Regulations, must be carried out to identify the descendants of the burials in the cemetery and to obtain permission to fence in site 15 located close to the North Shaft Project. If the families of the deceased agree to the fencing of the cemeteries 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 Tshivhase/Ngqalabutho Madida 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.