Case Decision - 198151

Final Comment
The SAHRA Archaeology, Palaeontology, and Meteorites (APM) Unit notes and accepts the submission of the draft EIAr, the PIA, and HIA reports. SAHRA has no objections to the proposed development on the following conditions:The declared Provincial Heritage Site is located on Portion 42 of Ponieskrans 543 KT (Gazette No: 10296)(https://sahris.sahra.org.za/node/522002). Surface activities must be restricted on this portion and a section 27 permit application in terms of the NHRA will have to be applied for any surface activities.The SAHRA endorses the aforementioned recommendations in this Final Comment and in the HIA report.

The recommendation that key stakeholders like SAHRA Built Environment, Pilgrim's Rest Museum and Mpumalanga Heritage Authority to be consulted in the compilation of the conservation management plan.
A Conservation Management Plan must be submitted to SAHRA for commenting prior to construction.
On principle the SAHRA indicated that it has no objections to the TGME mine re-opening as it will add to the regions historical significance as the original company.
(1) Investigates the extent of the heritage horizons within the project areas and immediate surroundings,
(2) Investigate the nature, extent and historical context of mining at each of the project sites,
(3) provide a description and interpretation of these mining sites in the context of Pilgrims Rest Heritage landscape and the Ponieskrans Provincial Heritage Site values,
(4) The CMP must make provisions for monitoring of rock art sites, LIA sites and sites relating to mining heritage, and
(5) aim to preserve the historical fabric of the mining legacy at the project areas and in particular, development areas for the purposes of future research in the Pilgrims Rest Landscape.
Overall permitting for the mitigation of sites on the farm Ponieskrans lies with the SAHRA as most of the buidlings are over 100 years old and in disuse. However, permitting for sites on portion 42 of the farm Ponieskrans lies with the Mpumalanga Heritage Resources Authority (MPHRA) as the farm is a Provincial Heritage Site.
A section 35(4) permit application in terms of the NHRA must be applied for prior to any mitigation work on mining heritage sites, buildings and any other archaeological sites and any fossilised rocks uncovered in the Malmani Subgroup.
The Fossil Finds Procedure included in the PIA must be added into the EMPr.
The EO, mining crew must be inducted on the overall heritage of the 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 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 for the burial grounds identified (site NH-TGME-2430DC-19) in the HIA report and the draft EIAr. The HIA also recommends that the cemetery must be fenced and at least to 2m distance from the closest burial to the fence. The SAHRA BGG supports the conservation of the cemetery in situ with a 50m buffer zone. Before fencing of the cemetery 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 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 Tshivase/Ngqalabutho Madida 012 320 8490).
The Final EIAr 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.