Policy on the Management of Palaeontological Heritage in the Western Cape

POLICY ON THE MANAGEMENT OF PALAEONTOLOGICAL HERITAGE IN THE WESTERN CAPE

1. INTRODUCTION

The extensive fossil record of South Africa, and the Western Cape, is considered a heritage resource due to its scientific cultural significance. Palaeontological sites were protected in terms of the National Monuments Act (1969) and were thus included in the General Protections covered by the National Heritage Resources Act (Act 25 of 1999).

Since the promulgation of this legislation, palaeontological heritage resources have been managed in the same way as archaeological heritage resources. This has lead to immense frustration within the palaeontological community as the nature of palaeontological heritage is fundamentally different to the nature of archaeological heritage. After discussions with various members of the palaeontological community, HWC has determined that palaeontological heritage should be managed as natural resources instead of as cultural resources. This policy intends to clarify the applicable processes.

This policy is intended to clarify the management of palaeontological heritage in the Western Cape in terms of permitting and impact assessment.

2. STATEMENT

In terms of section 6(2)c and 25(2)(h) of the National Heritage Resources Act 25 of 1999 (NHRA), HWC may establish policy for the identification, recording and management of the national estate in terms of which heritage resources authorities and other relevant bodies must function with respect to heritage resources in the Western Cape, including palaeontological heritage.

In terms of section 48(1) of the NHRA, a heritage authority may prescribe the manner in which an application is made to it for any permit in terms of this Act.

3. DEFINITIONS

For the purpose of this policy,-

“Development” means any physical intervention, excavation, or action, other than those caused by natural forces, which may in the opinion of a heritage authority in any way result in a change to the nature, appearance or physical nature of a place, or influence its stability and future well-being as per the NHRA.

‘‘Fossil foreign cultural property’’, in relation to a reciprocating state, means any object that is specifically designated by that state as being of importance for palaeontological scientific endeavour.

“Permit Application” means applications made to HWC in terms of section 35 of the National Heritage Resources Act, which are necessary for the protection and management of palaeontological heritage resources.

“Palaeontological” means any fossilised remains or fossil trace of animals or plants which lived in the geological past, and any site which contains such fossilized remains or trace as per the NHRA.

This definition excludes: Fossil fuels or fossiliferous rock intended for industrial use

Fossil heritage originating from outside of the Republic of South Africa

Fossil hominid remains or sites associated with human ancestors up to 5 Ma.

“Palaeontological object” means any moveable palaeontological or rare geological specimen.

“Site” means any area of land, including land covered by water, and including any palaeontological objects thereon.

4. PURPOSE

To set criteria for the management of palaeontological heritage resources within the Republic of South Africa in terms of sections 33, 35 and 38 of the National Heritage Resources Act (Act 25 of 1999).

5. SCOPE OF APPLICABILITY

The Policy applies to all people residing in the Republic of South Africa.

6. AUTHORITY

National Heritage Resources Act 25 of 1999 (NHRA)

7. IMPORT OF OBJECTS PROTECTED IN TERMS OF LAWS OF FOREIGN STATES

7.1 The import of palaeontological resources into the Republic of South Africa is managed in terms of section 33 of the NHRA.

7.2 HWC will draft a list of countries that regulate the export of palaeontological heritage and attach this list to this policy as an addendum.

7.3 The following information must be presented to HWC and/or Customs before a palaeontological resource can be imported into the Republic of South Africa

(a) Permission from the country of origin with the relevant contact details of the state department and official granting the permission

(b) Proof of purchase if purchased

(c) A statement on the purpose of import such as private collection, trade etc.

8. GENERAL PROTECTIONS FOR PALAEONTOLOGICAL HERITAGE

8.1 The general protection of the Republic of South Africa’s palaeontological heritage resides with competent Provincial Heritage Resources Authorities in terms of section 35(1) of the NHRA.

8.2 Where competence for palaeontological heritage has not been granted, SAHRA must manage the general protection of palaeontological heritage in terms of section 8(6)a of the NHRA.

8.3 Palaeontological heritage resources are not located at distinct sites nor are they constrained by provincial boundaries, rather palaeontological heritage resources are broadly associated with specific geology that covers large areas and crosses provincial boundaries.

(a) Other heritage resources authorities and HWC must draft a Memorandum of Understanding with regard to the issuing of permits that cross provincial boundaries. A copy of this MoU must be attached to this policy as an addendum.

(b) This MoU must allow for one permit application process that can then be processed by all of the relevant heritage authorities through co-operative governance to reduce the burden on permit applicants.

8.4 In terms of section 35(4)a of the NHRA, a permit from the relevant heritage resources authority is required before any palaeontological site can be disturbed.

(a) For the management of palaeontological resources, the term “site” can refer to a geological formation or formations that extend over provincial boundaries or it can refer to a discrete collecting area.

(b) Permits can be issued for general collections within a particular formation as well as for a discrete collection area.

(c) Permits for both kinds of sites require written permission of the landowner before entering the property to collect palaeontological heritage resources. This written permission

- Must reflect the full names and contact details of the owner of the land concerned or the person authorised to grant such permission

- Must reflect acknowledgement and understanding of the proposed action

- Can be in the form of an email or other digital format

- Must be provided to the relevant heritage authority with the permit report

(d) Requirements for a general collection permit within a particular geological formation or magisterial district;

- A general collection permit for a geological formation is valid for up to 5 years only

- This type of permit will only be issued to reputable palaeontologists of good standing in the South African palaeontological community

- The permit will be granted on the basis of the strength of the research question proposed as well as the experience and/or qualifications of the applicant

- Such applications must be peer-reviewed by members of the Palaeontological Society of Southern Africa

- HWC must be afforded the details of all persons working under the permit.

(e) Requirements for a discrete collection area

- This permit is valid for up to 3 years only

- Any person may apply for such permit

- The permit will be granted on the basis of the strength of the research question proposed as well as the experience and/or qualifications of the applicant

- HWC must be afforded the details of all persons working under the permit.

(f) All permit applications must be accompanied by;

- A full motivation explaining the reasons for the work, the nature of the work and the

extent of the work

- The written agreement (signature) of the Museum Director or Head of the University Department with which the applicant collaborates and that will store the material after collection

- The permit applicant must provide for the conservation of all recovered objects, associated data and records

- Details of the arrangements regarding the preparation and curation of, and the field records associated with, that material

(g) Permits for palaeontological work are issued only to persons who are qualified palaeontologists and/or who have the appropriate fieldwork experience and expertise to do the work and the subsequent analysis. If the applicant is not suitably qualified, it will be necessary for him or her to obtain the services of a qualified person. The applicant is generally required to have an MA degree in Palaeontology and appropriate experience

(h) Recovery methods that ensure that the greatest possible amount of information is recorded must be used

(i) The applicant must have a copy of the permit (or permit card) available on site

(j) A specific permit for sampling or analysis (for bona fide research purposes) must be obtained for sampling excavated or collected material for analysis where there is not a current permit on the site. In the case of samples taken from a collection, the permit should be applied for through the curator of the collection and is generally given in the name of the person who is to do the work.

(k) Where sampling is to be done overseas, an export permit (see below) from SAHRA is required.

(l) Permits for bona fide palaeontological research by qualified South African citizens or permanent residents will be issued free of charge.

8.5 The permit holder must submit regular detailed annual progress reports and a final report usually within one year of the lapsing of the permit. These reports form part of the public record for the site. There must be tangible evidence that work is being done before another permit is issued.

(a) Part of this reporting process is the recording of objects and sites on SAHRIS using the object and site recording system. This keeps the location of sensitive sites and objects out of the public domain. Sites and objects recorded in full on SAHRIS need only be referenced in the permit report. The mechanism for recording sites and objects on SAHRIS is attached as an addendum to this policy.

(b) Permit reports must inform the heritage authority about proposed short and long terms site management strategies. It is the responsibility of palaeontological excavators to fill in any dangerous trenches and, in the case of deep excavation, to stabilize the site to the satisfaction of HWC and the landowner.

(c) The report must contain evidence that the permit holder kept full field notes recording the locality, surrounding lithology and the stratigraphic position with diagrams, photographs and descriptions detailing each stage of the process

(d) The report must contain a detailed photographic record of the site and work in progress and take photographs of any significant fossils, trace fossils or trackways recovered in situ.

(e) Copies of all publications, reports and theses relating to material acquired in terms of the permit, even where this is done by other researchers or students, must be sent to HWC for the provincial record.

8.6 Due to the fragile nature of South Africa’s significant palaeontological heritage resources, once exposed to the elements, these resources are in danger of being permanently destroyed. As such, circumstances arise whereby it is in the best interest of the palaeontological site to be disturbed and the palaeontological object removed to a suitable repository for its safe-keeping as soon as possible. In such instances where a suitably qualified palaeontologist recognises that a palaeontological resource is in danger, the following process applies.

(a) HWC and a suitable repository must be notified of the proposed action. Email and other digital formats are suitable for this purpose.

(b) The proposed repository must give its permission for the collection. Email and other digital formats are suitable for this purpose. Arrangements must be made regarding the preparation and curation of, and the field records associated with, that material.

(c) Landowner permission that satisfies 8.4(c) above must be obtained and submitted to HWC

(d) An in situ photograph of the palaeontological object must be taken

(e) The location of the palaeontological object must be recorded using GPS co-ordinates

(f) A brief description of the palaeontological object must be recorded

(g) The above information must be provided to HWC through the creation of the “site” and the “object” on SAHRIS

8.7 In terms of section 35(4)b and c of the NHRA, a permit from the relevant heritage resources authority is required before any palaeontological object can be damaged, moved or traded. Any person may apply for a permit to trade in palaeontological heritage.

(a) HWC will establish a registration process based on international best practice to register individuals and companies that would like to trade in palaeontological heritage and attach this process as an addendum to this policy.

(b) Only Grade III palaeontological resources will be considered suitable for trading. A list of palaeontological objects that can be traded after completing the permitting process is attached to this policy as an addendum.

(c) The process above will include the identification, recording, documentation of provenance and naming of all palaeontological objects for trade on SAHRIS. This information must be updated with each new owner of the resource.

(d) The above process also applies to recognised repositories.

(e) Once material is curated, the material is managed by the institution and not by the permit holder. Once accessioned, it may not be sold or otherwise disposed of, except by approved deaccessioning procedures, as it belongs to the state.

8.8 During the scientific process, palaeontological objects may need to be either permanently or temporarily exported from the Republic of South Africa. The export of palaeontological objects requires a permit from the relevant heritage authority in terms of section 35(4)c of the NHRA.

(a) Permanent exports is permitted only;

- For specimens that are relatively common and of which there are other examples in South African scientific institutions;

- To recognized scientific institutions abroad for research or display purposes and not for sale;

- For material that is to be destroyed during analysis that cannot be done in South Africa, for example for chemical testing or specialized dating techniques. In such cases, more than half of each specimen must be retained in South Africa.

(b) Temporary export is permitted only;

- If the material cannot be studied or analysed in South Africa because the necessary technical equipment, comparative collection or expertise is not available here;

- If the collection is not rare or of unusual scientific value;

- If the material is sent to a recognized scientific institution; and

- If the applicant undertakes to ensure the return of the material within the time period stipulated by the permit.