Case Decision - 197643

Final Comment
The South African Heritage Resources Agency (SAHRA) Archaeology, Palaeontology and Meteorites (APM) Unit accepts the HIA and the Palaeontological Desktop Assessment reports submitted to the case for commenting, and has no objection to the development going ahead on the following conditions.The Chance Finds Fossil Procedures in section 10 of the PIA report 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 once excavations into bedrock begin. A annual report on the monitoring for the first 3 years must be submitted to SAHRA.
The EO, 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 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 in sites BF52 and BF26, permission for the fencing of the sites must be sought from the family members. A 50m buffer zone must be maintained at all times to prevent damage and encroachment on the burials and the sites must be monitored on a quarterly bases, pre and post blasting as well. A monitoring report must be submitted to the case.
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 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.