Case Decision - 199286

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 and EMPr: 

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 specific conditions are:

• A Fossil Chance Finds Procedure must be incorporated in the EMPr for the project and project staff must be made aware of the possibility off finding fossil bones during prospecting. If fossil bones or plants or micro-fossils are uncovered then a palaeontologist must be appointed to mitigate the sites;
• A section 35 permit application must be applied for to SAHRA if any impact occurs to heritage sites; 
• The identified archaeologically sensitive areas (including the buffer zones of 30m) must be avoided as far as possible by all project activities;
• The HMP must be updated to include the results and recommendations of the HIA for the amendment application;
• The mine must continue efforts to engage RARI and to assist in the management of heritage along with RARI and the various heritage conservation projects they are undertaking in the Makgabeng Area; 

The following conditions still stand from the amended IEA and must be included on the EA:

• No mining must occur on the Makgabeng Plateau and the mountains on Early Dawn, Ketting and Disseldorp;
• The HMP must be sent to RARI for review then submitted to SAHRA for approval;
• Access to the high lying areas must be granted for conservation, research, indigenous and cultural practices; and 
• SAHRA reserves the right to monitor conservation of sites in the mine right;
• Access and management of these high lying areas (Makgabeng Plateau and the surrounding mountains on Early Dawn, Ketting and Disseldorp) must be granted for conservation, research, ndigenous and cultural practices;
• The Chance Finds Fossil Procedure as detailed in the PIA must be included in the EMPr;
• A letter of undertaking by the applicant/mine must be provided to SAHRA that the mine will engage both the municipality and RARI regarding the conservation projects they are currently undertaking;
• The HMP must be reviewed by RARI and thereafter submitted to SAHRA for approval;
• SAHRA reserves the right to monitor conservation measures of heritage sites located within the mine right area;

In the unlikely 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.

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 DA Unit (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660) must be alerted as per section 35(3) of the NHRA. Non-compliance with this 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 DA Unit (Nokukhanya Khumalo/Natasha Higgitt 021 202 8660), must be alerted immediately as per section 36(6) of the NHRA. Non-compliance with this 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 regarding offences;

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 Final BAR and EMPr must be submitted to SAHRA for record purposes;

The decision regarding the EA Amendment Application must be communicated to SAHRA and uploaded to the SAHRIS Case application.