Case Decision - 197918

Final Comment
The SAHRA Archaeology, Palaeontology, and Meteorites (APM) Unit notes and accepts the submission of the draft BAR, HIA and Palaeontological Desktop reports, and accepts the recommendations provided by the Heritage Specialists. SAHRA has no objections to the proposed development on the following conditions:

A Chance Finds Fossil Procedures must be developed by a palaeontologist and it must be included in the EMPr.
A suitably qualified palaeontologist must be appointed to undertake a field assessment of the mine right area once excavations for the opencast pit reach a depth of 1.5m. A report of the findings must be uploaded to the case.
A Chance Finds Procedure for all other types of heritage must also be included in the EMPr.
An archaeologist must be appointed to monitor all mining activities (ground clearance, initial excavations and road grading) to identify subsurface archaeological sites and graves. An annual monitoring report (until all construction activities and conditions of the permits have been met) must be compiled and uploaded to the case.
A permit in terms of section 35(4) to undertake archaeological excavations of sites  NKM21/6, NKM/21/15, NKM/21/2, NKM/21/4, NKM/21/6, NKM/21/16, NKM/21/18, NKM/21/20, NKM.21/21, NKM/21/24, NKM/21/31, NKM/21/1, NKM/21/3, NKM/21/5, NKM/21/8, and NKM/21/12 must be obtained from SAHRA. 
Once these sites are sufficiently mitigated to the satisfaction of SAHRA the applicant may apply for a destruction permit in terms of section 35(4) of the NHRA.
A section 35 test pit excavation permit must be applied for to determine if there are graves present at sites NKM/21/9, NKM/21/10, NKM/21/11, NKM/21/19, NKM/21/23 and NKM/21/20.
If graves are uncovered during the mitigation process, then excavations must cease and the SAHRA BGG unit must be informed and the graves relocation permit amended to include the additional graves and form part of the ongoing social consultation process.

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 heritage resources are discovered during the construction and operation phases of the proposed development, then a professional archaeologist or palaeontologist, depending on the nature of the finds, must be contacted 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 for the burial grounds identified in the HIA report and supports the relocation of the burial (NKM/21/33) if the next of kin agree to it. Once sites NKM/21/9, NKM/21/10, NKM/21/11, NKM/21/19, NKM/21/23 and NKM/21/20 are confirmed as graves then the next of kin must be identified. If graves are uncovered during the archaeological mitigation process of sites NKM/21/1, NKM/21/3, NKM/21/5, NKM/21/8, and NKM/21/12, then excavations must cease and the SAHRA BGG unit must be informed and the graves relocation permit amended to include the additional graves in and above the ongoing social consultation process. Before the relocation of any burials may occur, permission from the family members must be sought. This must be done by undertaking a social consultation process to identify the family members of the site. This must be done in terms of Chapter IX of the NHRA Regulations and section 36(3) of the NHRA.
If any unmarked human burials are uncovered and the archaeologist is contacted 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/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.