Case Decision - 197534

Final Comment
The SAHRA Archaeology, Palaeontology and Meteorites (APM) accepts the HIA report and it's proposed recommendations. Furthermore, we grant the development from undertaking an assessment of impacts to palaeontological resources as it is located in a very low palaeo sensitivity zone according to the SAHRIS Palaeomap. The SAHRA has no objection to the development going ahead on the following conditions:
If the mine is unable to conserve the identified archaeological sites in situ then the sites must be mitigated by a suitably qualified archaeologist. A permit issued under s35 of the NHRA will be required to conduct such work. On completion of the mitigation work the developer can apply for a destruction permit with the backing of the mitigation report.
If fossil remains or trace fossils are discovered during any phase of construction, either on the surface or exposed by excavations the Environmental Officer (EO) in charge of these developments must be informed. These discoveries ought to be protected and the ECO must report to SAHRA.
In the event that fossils are uncovered during construction then construction must cease within the immediate vicinity, a buffer of 30 m must be established, and a palaeontologist called in to inspect the finds. The palaeontologist must obtain a section 35(4) permit in terms of NHRA and Chapter IV NHRA Regulations, before any fossils are collected.
If there are any new heritages resources are discovered during construction and operation phases of the proposed development, then a professional archaeologist or palaeontologist, depending on the nature of the finds, must be contracted as soon as possible to inspect the findings at the expense of the developer.
If the newly discovered heritage resources prove to be of archaeological or palaeontological significance, a Phase 2 rescue operation may be required at the expense of the developer. Mitigation will only be carried out after the archaeologist or palaeontologist obtains a permit in terms of section 35 of the NHRA (Act 25 of 1999). You may contact SAHRA APM Unit for further details: (Nokukhanya Khumalo/Phillip Hine 021 202 8654).
The Burial Grounds and Graves (BGG) Unit accepts the recommendations provided in the HIA report. If a TSF alternative D is chosen then a 100m buffer zone must be adhered to in order to conserve the cemetery against any potential damage during construction. A social consultation process in terms of Chapter XI of the NHRA Regulations, must be carried out to identify the descendants of the burials and to obtain permission to fence in the identified cemetery. If the mine is unable to retain the grave in situ the permission must be obtained from the families of the deceased, if they agree to the relocation of their graves then a section 36 of the NHRA permit application must be logged on SAHRIS.
If any unmarked human burials are uncovered and the archaeologist called in to inspect the finds and/or the police find them to be heritage graves, then mitigation may be necessary and the SAHRA Burial Grounds and Graves (BGG) Unit must be contacted for processes to follow (Thingahangwi Tshivase/Mimi Seetelo 012 320 8490).
The Final EIA and its appendices must be submitted to the case and once a Record of Decision from the competent authority is issued, it must also be submitted to the case.