Case Decision - 359081

Final Comment 

The following comments are made as a requirement in terms of section 3(4) of the NEMA Regulations and section 38(8) of the NHRA in the format provided in section 38(4) of the NHRA and must be included in the Final BAR:

• 38(4)a – The SAHRA Development Application 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. These further additional comments apply:
• If any ship wrecks are uncovered then the findings must be reported to a maritime archaeologist appointed to inspect potential finds;
• Implementation of a 50m mining exclusion zone around the position of the iron cannons on the wreck believed to be the Meteren;
• If any shipwreck artefacts related to this shipwreck are documented on the seafloor then mining must cease and a maritime archaeologist appointed to inspect the finds;
• The amended EMPr must include provisions for the collection of representative samples of both fossil material and/or prehistoric archaeological artefacts during the course of mining activities;
• The mining staff must be trained to notice heritage artefacts and inducted on potential heritage resources and oversized piles, particularly those who operate the classifier and screening;
• 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;
• The decision regarding the EA Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.