Case Decision - 198549

The South African Heritage Resources Agency would like to thank you for submitting the Draft Scoping Report for the Proposed Prospecting Right with Bulk Sampling over Sea Concession 12B, Western Cape, 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. 
The proposed work consists of four activities and their associated studies, namely non-intrusive geophysical survey followed by intrusive drilling, core sampling and bulk sampling. The bulk sampling will be the most intrusive phase with up to 10 proposed trenches excavated which will result in the disturbance of approx. 3.6 hectares. 
The need for specialist studies including an offshore Palaeontological Impact Assessment and Maritime Archaeology Impact Assessment has been identified in the DSR which states that these will be included in the EIA phase. SAHRA supports this recommendation. The maritime archaeology impact assessment must be undertaken by a suitably qualified Maritime Archaeologist and must include mitigation and management measures to address any possible threat. 
If any shipwrecks are identified during the survey SAHRA must be informed of any such discovery, this management measure must be inserted into all project reports. Survey data is a valuable resource in adding to our knowledge of South Africa’s maritime history. 
Please note that in the Acronyms and Abbreviations table on page viii, SARHA is listed as South African National Heritage Resources Agency, the word national should be removed and it should read South African Heritage Resources Agency. 
It has also been noted in Section 4, Table 5 Applicable Legislation and Guidelines, that under the National Heritage Resources Act, (Act 25 of 1999) section on page 18 it states that the marine heritage impact assessment and palaeontological report will be sent to SAHRA and HWC for comment. Please note that as the proposed project lies below the High-Water Mark, it falls solely within the mandate of SAHRA and therefore a comment from HWC is not required. 
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.