Case Decision - 198535

Final Decision 
As the town of Jagersfontein is in a state of disaster because of the collapsed tailings dam, and the letter from Department of Water and Sanitation (DWS) Free State Provincial Operations, no further assessment of the impact to heritage resources are required as per section 38(2)a of the NHRA.
The following comments are made as a requirement in terms of section 38(2) and 38(4) of the NHRA and must be adhered to:

38(4)a – The SAHRA Archaeology, Palaeontology and Meteorites (APM) Unit has no objections to the rehabilitation of the pit;
38(4)b – The management plan and mitigation measures contained in the HCMP are accepted by SAHRA. Additional conditions include the following:
All monitoring reports must be submitted to SAHRA for review and comment;
A report must be submitted to SAHRA after the rehabilitation has been completed, by the heritage specialist who will be consulted as noted in the HCMP;
The annual review of the CHMP must include consultation with SAHRA. The updated CHMP must be submitted to SAHRA for review and approval;
The historical pit must be recorded and its rim must be maintained for posterity; 
SAHRA requires that the museum of the mine pit be upgraded and made available to visitors so that the historical significance of Jagersfontein will still be highlighted;
Jagersfontein Developments must produce pamphlets regarding the significance of the pit;
38(4)c(i) – If any evidence of archaeological sites or remains (e.g. remnants of stone-made structures, indigenous ceramics, bones, stone artefacts, ostrich eggshell fragments, charcoal and ash concentrations), fossils or other categories of heritage resources are found during the rehabilitation, SAHRA APM Unit (Sityhilelo Ngcatsha/Phillip Hine 021 462 5402) must be alerted as per section 35(3) of the NHRA. Non-compliance with is an offense in terms of section 51(1)e of the NHRA and item 5 of the Schedule;
38(4)c(ii) – If unmarked human burials are uncovered, the SAHRA Burial Grounds and Graves (BGG) Unit (Thingahangwi Tshivhase/Ngqalabutho Madida 012 320 8490), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance is an offense in terms of section 51(1)e of the NHRA and item 5 of the Schedule;
38(4)d – See section 51(1) of the NHRA regarding offenses;
38(4)e – The following conditions apply with regards to the appointment of specialists:
If heritage resources are uncovered during the course of the development, a professional archaeologist or palaeontologist, depending on the nature of the finds, must be contracted as soon as possible to inspect the heritage resource. If the newly discovered heritage resources prove to be of archaeological or palaeontological significance, a Phase 2 rescue operation may be required subject to permits issued by SAHRA.