Case Decision - 198033

Final Comment
The SAHRA Archaeology, Palaeontology, and Meteorites (APM) Unit notes and accepts the submission of the draft EIAr, and HIA reports. SAHRA has no objections to the proposed development on the following conditions:Sensitive areas 1 and 2 should be conserved in situ, and if the mine is unable to do so, they must be mitigated. If the sites are to be mitigated, an archaeologist must map the sites in detail, test pits will have to be made to determine the depth of any archaeological deposits, and a sample of MSA and ESA stone tools to be collected.If any surface activities occur in the underground mining section then an archaeologist must be appointed to inspect the area and a report must compiled and submitted to this case on SAHRIS. Such a report must be submitted to SAHRA for commenting.If the mine decides to mitigate sites in the areas identified as sensitive, a section 35(4) permit in terms of the NHRA and Chapter IV NHRA Regulations must be applied for, for mitigation of those sites.
In the unlikely 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 and endorses the recommendations for the burial grounds (Site K06) identified in the HIA report. The recommendation includes fencing the site and implementation of a buffer zone of 10m. Before fencing 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.If the mine is unable to retain the grave (Site K06) in situ then it will have to be relocated in terms of section 36(4) and Chapter IX of the NHRA Regulations and section 36(3) of the NHRA.
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).
Once a Record of Decision from the competent authority is issued, it must also be submitted to the case.