Case Decision - 197854

Final Comment
SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit notes the HIA submitted to the case and endorses the recommendation contained therein. Although the SAHRA is issuing these comments late, and cannot provide formal conditions, the SAHRA requests that these standard conditions are observed:The fossil finds procedure must be included in the EMPr for implementation and a suitably qualified palaeontologist must be appointed to undertake monitoring of wast dumps and open shale strata once mining begins for the first 2 years on a biennial bases. A monitoring report must be submitted to the case.
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) notes that sites WFT 06 and 07, or known as WPS 06 and 07 in the draft EIA, are located less than 100m from proposed mining activities. BGG recommends that these sites must be monitored by the EAP to prevent any damage on these sites. The cemeteries must be fenced with an access gate to allow access to family members who request access to their burials.
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).
The Final EIAr and its appendices must be submitted to the case for record keeping and the Record of Decision (ROD) from the competent authority must also be submitted to the case.