Applicable legislation
38(8)
Decision Date
Decision Status
Case Decision

The South African Heritage Resources Agency (SAHRA) would like to thank you for submitting the Draft Basic Assessment Report (DBAR) for the proposed prospecting in Sea Concession 7C by Trans Atlantic Diamonds (Pty) Ltd. 
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 prospecting activities described in the report are a geophysical/acoustic survey, grab sampling, core sampling and drilling. The geophysical survey is non-invasive and will use ship mounted acoustic equipment. The core sampling is invasive and will disturb a total surface area of approx. 1.57m. The grab sampling will take between 20-50 samples and will disturb a total surface area of approx. 5m². The most invasive sampling technique will be undertaken during the drilling phase of the work when a total of 1500 samples will be collected and will cover a surface area of 7500m². A total surface area of 7,507m²  (0.75 ha) of seabed will be disturbed during all phases of the proposed prospecting. 
A maritime heritage study has already been undertaken as part of the application process and is included in the DBAR. The specialist study was informed by desktop research and has identified that the potential for disturbing maritime cultural heritage is very low. Records indicate that one wreck, the Shanger (1878), is possibly located within the concession area, as it is recorded as wrecking in 1878. As it is more than 60 years old,  it is considered a heritage resource and is therefore protected by the National Heritage Resources Act (NHRA). However, its exact wrecking location is unknown as records show that the wreck caught alight and was abandoned offshore where it is believed to have founded. 
The heritage study has concluded that the potential risk to heritage resources is very low however, essential mitigation measures have been included within the report. The mitigation measures listed in both Sections 1.5.3 and 8.8.3 of the DBAR are:

The contractor must be notified that archaeological sites could be exposed during sampling activities, as well as the procedure to follow should archaeological material be encountered during sampling.
Reporting of sites to the heritage practitioner for assessment and evaluation.
Retain samples of the coarser fraction (i.e. gravel and stone (20 mm +) of sorted seabed sediment from each grab sample for assessment by an archaeologist for the presence of important material.
Any core and drill sample sections which contain alluvial material, particularly where organic remains are present, are retained and are subject to paleo-environmental assessment.
Any fossils such as petrified bone, teeth and shell casts, usually phosphatic, found during the processing of cores must have the details of context recorded, must be kept for identification by an appropriate specialist and, if significant, be deposited in an appropriate institution such as the IZIKO SA Museum.
If shipwreck material is encountered during the course of sampling in any of the concession areas, the following mitigation measure should be applied:

Cease work in the directly affected area to avoid damage to the wreck until the South African Heritage Resources Agency (SAHRA) has been notified and the contractor has complied with any additional mitigation as specified by SAHRA; and
Where possible, take photographs of them, noting the date, time, location and types of artefacts found. Under no circumstances may any artefacts be removed, destroyed or interfered on the site, unless under permit from SAHRA. 

The study has also recommended that the onboard Trans Atlantic representative must undergo a short induction on archaeological site and artefact recognition, as well as the procedure to follow should archaeological material be encountered during sampling. 
The HIA further emphasises that although unlikely, it is possible that the wreck of the Shanger is located within the concession area. It therefore recommends in Section 8 Conclusions and Recommendations, that analysis of geophysical data collected prior to and during the seabed sampling programme be undertaken as this should indicate whether the wreck of the Shanger is in the concession area. If wreck material is found to be present in the concession area, archaeological advice must be sought before prospecting commences. Buffers zones around such material may be required and will need to be agreed with the archaeologist and SAHRA. This mitigation measure is not included in the DBAR but must be added to the final BAR. 
The recommendations and mitigation measures in the DBAR and HIA are supported by SAHRA and must be included in the final reports. 
While there are no known shipwreck sites 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.