Case Decision - 199135

Final Comment 

The SAHRA Development Applications (DAU) notes and accepts the submission of the draft EIAr and HIA and Palaeontological Desktop reports, and accepts the recommendations provided by the Heritage Specialists. 

SAHRA has no objections to the proposed development on the following conditions: SAHRA has no objections to the proposed development on the following conditions: 

38(4)a – The SAHRA Development Applications Unit (DAU) has no objections to the proposed development;

38(4)b – The recommendations provided by the heritage specialists are supported and must be adhered to. The following additional conditions include:

Ground clearance site monitoring must be undertaken by a suitably qualified archaeologist due to the density and sensitivity of the heritage resources identified in the mine right area. A report must be submitted to SAHRA for comments prior to the construction phase commencing;

The Chance Find Procedure for the Project (as outlined in Section 10.2) must be included in the EMPr;

A buffer zone of 30m around the identified sites that will not be mitigated must be adhered to throughout the life of the projects;

A section 35 permit application in terms of chapter IV of the NHRA Regulations , 2000, must be applied for surface collection of the identified LSA site close to the concentrator plant;

A gate inclusive fence must be constructed for the long term preservation of the burials and to allow access by the family of the deceased individuals. Where exhumation and relocation is considered to be the best solution to mitigate the graves, a SAHRA permit must be obtained following a consultation process as outlined under Chapter IX of the NHRA Regulations. 

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 proposed development, SAHRA DAU (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660) must be alerted as per section 35(3) of the NHRA. Non-compliance with section of the NHRA is an offence 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 DAU (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with section of the NHRA is an offence 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;

38(4)e – The following conditions apply with regards to the appointment of specialists:

i) 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;