Case Decision - 198989

The South African Heritage Resources Agency (SAHRA) would like to thank you for submitting an updated 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.
SAHRA initially commented on the DBAR on 1st November 2022 and noted that while the DBAR did include mitigation measures as stipulated in the HIA, it was requested by SAHRA that additional mitigation measures be included to thoroughly cover any aspects of maritime heritage. 
The additional mitigation measures requested by SAHRA were:

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 remains 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 updated DBAR and HIA were uploaded onto SAHRIS on 21st November 2022. SAHRA is pleased to note that the requested amendments have been made with the additional mitigation measures now included in the documents. 
In regard to Maritime and Underwater cultural heritage including Palaeontology SAHRA supports the mitigation measures as set out in Section 8.5.2 of the DBAR. 
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.