Case Decision - 198819

The South African Heritage Resources Agency (SAHRA) would like to thank you for submitting the Draft Basic Assessment Report (DBAR) for the Proposed Prospecting Right over Sea Concession 12C, Western Cape by Aqua Marine Diamonds 12 (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 non-invasive geophysical surveys and invasive sampling activities. The geophysical survey is non-invasive and it is proposed that both a multibeam echosounder and sub-bottom profiler will be used. The invasive sampling will include core sampling, grab sampling and drilling. Core sampling will be collected at 100-200 sites and will disturb a total surface area of approx. 1.57m and collect a total volume of 4.71m³. Van Veen grab sampling will take between 20-50 samples and will disturb a total surface area of approx. 5m² and a volume of 1.5m³.  The most invasive sampling technique will be undertaken by a specially designed drill tool that will penetrate sediments up to 12m depth above the bedrock. The total number of drill samples would be up to a maximum of 4800 resulting in an area of 2.4ha being disturbed. 
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 low. However, records indicate that there may be 37 wrecks in the area although this is deemed improbable as the historic records regarding these vessels are very vague. 
The heritage study has made recommendations and mitigation measures that should be adhered to during the project. These measures are included in section 8.2.2 of the DBAR and section 1.5.3 of the EMPr.
SAHRA supports these mitigation measures and in addition insists that the following measures are also included in future reports:

Areas where shipwreck sites are identified during the geophysical surveys must be excluded prior to undertaking sampling activities.
If shipwreck material is encountered during the course of sampling, work must cease 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, if any heritage resources are accidently recovered photographs of them must be taken, 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 Palaeontology Impact Assessment has made recommendations that are included in the DBAR. It also highlights the importance of the collection of samples of fossils, under permit from SAHRA, to benefit geological interpretation of the deposits. 
SAHRA supports the palaeontological mitigation measures as set out in section 2.8.3 of the DBAR and 1.5.3 of the EMPr. 
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.