Case Decision - 198083

The South African Heritage Resources Agency would like to thank you for submitting the Final Basic Assessment Report (FBAR) for the for the proposed prospecting in Sea Concession area 14c by Trans-Atlantic Diamonds (Pty) Ltd, West Coast, South Africa. 
In terms of the National Heritage Resources Act, No 25 of 1999 (NHRA), Sections 2 and 35 stipulates that any wreck, being any vessel or aircraft or any part thereof older than 60 years old lying in South Africa's territorial waters or maritime cultural zone is protected and falls under the jurisdiction of SAHRA's Maritime and Underwater Cultural Heritage Unit. These heritage sites or objects may not be disturbed without a permit from the relevant heritage resources authority. 
It has been noted with disappointment by SAHRA that the Final BAR was uploaded onto SAHRIS for comment on the 6.6.2022, a subsequent email notification was received informing them that the FBAR had been submitted to the Department of Mineral Resources and Energy on 8.6.2022, this was 2 days after the document was made available to SAHRA for comment. According to the National Environmental Management Act 107 of 1998, all interested and affected parties are given 30 days in which to comment or respond to the application, therefore the due processes have not been followed in this instance and there is a chance that the application could be considered non-compliant. SAHRA is taking this opportunity to stress that the 30 day commenting period commences from the date that the relevant documents are uploaded onto SAHRIS, and it is asked that in the future the due processes must be followed. 
SAHRA supports the recommendations and proposed mitigation measures outlined in the heritage study and included in Section 8.9.3 of the FBAR. 
It is further noted that the amendments requested by SAHRA in regard to the DBAR have been addressed and corrected. 
While there is only one known shipwreck site and five furthers sites possibly within the proposed prospecting areas there is always the potential for unknown wrecks or shipwreck material to be uncovered during the works. Should anything of archaeological or paleontological significance be exposed during the proposed project, work must cease immediately and SAHRA must be informed of its discovery without delay. In this event, work may not commence until feedback has been received from SAHRA. 
Please note that all updates and/or changes to the project, supporting documentation, correspondence, reports, or any other work relating to the project must be uploaded to the case on SAHRIS to provide SAHRA with the opportunity to comment. SAHRA does not accept emailed documents or hard-copy documents received via post.