4H Tool 1 - Conditions for the removal and/or treatment of tangible cultural heritage
| Types of tangible cultural heritage |
8 management considerations |
Implications for treatment plans/commitments |
| Replicable cultural heritage: tangible forms of cultural heritage that can themselves be moved to another location |
- Minimise adverse impacts and implement restoration measures, in situ, that ensure maintenance of the value and functionality of the cultural heritage, including maintaining or restoring any ecosystem processes needed to support it
- Where restoration in situ is not possible, restore the functionality of the cultural heritage in a different location, including the ecosystem processes needed to support it
- Only where minimisation of adverse impacts and restoration to ensure maintenance of the value and functionality of the cultural heritage are demonstrably not feasible, and where the affected communities are using the tangible cultural heritage for longstanding cultural purposes, compensate for loss of that tangible cultural heritage.
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- Where possible, site components should be designed or redesigned to avoid impacts to non-replicable cultural heritage resources.
- For archaeological resources, if avoidance is determined to be technically or financially infeasible, archaeological salvage excavations are a viable mitigation option.
- For built-heritage resources, relocation is a viable option, but every effort should be made to preserve and transfer the cultural significance of the resource. If the resource is to be removed, removal should be accompanied by extensive documentation such as scale drawings and digital photographic documentation
- For living heritage resources, removal and/or relocation will be undertaken in consultation with relevant local stakeholders. Every effort shall be made to develop a removal or relocation plan that incorporates local believes or practices, preserves the cultural value of the resource and, if possible, allows the cultural value to be transferred to the new or relocated resource
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| Non-replicable cultural heritage: Unique or relatively unique for the period it represents, and/or unique or relatively unique in linking several periods in the same site |
- There are no technically or financially feasible alternatives to removal
- The overall benefits of the project conclusively outweigh the anticipated cultural heritage loss from removal
- Any removal of cultural heritage is conducted using the best-available techniques
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- The site is responsible for thoroughly documenting that there are no technically or financially feasible alternatives to removing the resource, including demonstrating that the overall benefits of the project conclusively outweigh the anticipated cultural heritage loss
- The development of a treatment plan for the removal of the resource must be done in consultation with local, regional, and national stakeholders
- For archaeological resources, salvage excavations must be carried out using the best-available techniques and be overseen/directed by a qualified archaeological professional
- For built-heritage and living-heritage resources, removal and or relocation plans will be developed in consultation with relevant local, regional, and national stakeholders to develop a treatment plan that preserves the cultural significance of the resource using the best available techniques. Documentation techniques should include the best-available techniques, including, but not limited to, digital photographs, 3D laser scanning, and 360-degree ortho-photographic documentation
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| Critical cultural heritage: Internationally recognised heritage of communities who use, or have used within living memory, the cultural heritage for longstanding cultural purposes. Legally protected cultural heritage areas, including those proposed by host governments for such designation |
- The client should not remove, significantly alter, or damage critical cultural heritage
- When impacts on critical cultural heritage are unavoidable, a process of informed consultation is essential, including the meaningful participation of the communities in decision-making
- In relation to legally protected areas, sites should:
- Comply with defined national or local cultural heritage regulations or the protected area management plans
- Consult the protected area sponsors and managers, local communities and other key stakeholders on the proposed project
- Implement additional programmes, as appropriate, to promote and enhance the conservation aims of the protected area
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- The site is responsible for thoroughly documenting that there are no technically or financially feasible alternatives to removing the resource, including demonstrating that the overall benefits of the project conclusively outweigh the anticipated cultural heritage loss. Assessment should be reviewed and evaluated, and verified by independent, third-party cultural heritage expert(s)
- Treatment plans for the removal of critical cultural heritage resources will be developed in consultation with local, regional, national, and international cultural heritage stakeholders
- Treatment plans will be reviewed and evaluated by an independent, third party, cultural heritage expert(s) with extensive knowledge of the resource(s) to be removed
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4H Tool 2 – Sample Table of Contents for a Cultural Heritage Management Plan
| Section |
Contents |
| Executive Summary |
- Overview of the main elements of the plan
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| Introduction |
- Purpose
- Background
- Contents of plan
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| Legal and institutional framework and requirements |
- National regulations
- International standards
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| Methodology |
- Baseline survey results and , , SHIRA findings
- Research and consultations conducted
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| Socio-cultural profile of site’s area of influence |
- History of area
- Intangible heritage in area of influence
- Traditional religion(s) in area of influence
- Relocation of graves and cultural sites’ customs
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| Archaeological profile of the area of influence |
- Outline details, as applicable
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| Sacred sites |
- Outline details, as applicable
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| Graves |
- Outline details, as applicable
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Cultural heritage property-management measures at household and community level, including:
- Efforts made to avoid impacts, including design changes and justification thereof where impacts are unavoidable
- Specific mitigation measures and monitoring indicators
- Consultations and engagement plans
- Awareness training
- Collection of site area archaeological sample
- Cultural heritage property management during Construction phase
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| Programme and responsibilities |
- Management Plan costs
- Proposed budget
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| Monitoring and evaluation |
- Monitoring and evaluation framework for prevention and impact management controls (as per SHIRA)
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| Updated |
- Frequency of SIM Management Plan update
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| Approval |
- Approval of Cultural Heritage Management Plan
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| Photo gallery |
- As appropriate, images of relevant cultural heritage
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4H Tool 3 – Sample Chance Find Procedure
Purpose
The Chance Find Procedure (CFP) is required as exploration, construction and operational activities will likely be undertaken in areas where unknown heritage resources, known as Chance Finds (CF) could be present. The prescribes the measures to be followed to ensure that CFs are managed in manner consistent with the Group Standards. CFs include movable and immovable objects, sites, structures or groups of structures having archaeological, paleontological, historical, architectural, religious, aesthetic or other cultural significance.
Scope
The is applicable to all activities conducted by personnel, visitor and contractors that could potentially uncover CFs. It details the actions to be taken when CFs are found during exploration, construction and operational activities. The describes training requirements, immediate actions to be taken when CFs are uncovered, communication and processing protocols, and reporting requirements.
Training and indcution
CFs can be uncovered by any member of the site team, contractors or visitors. For the to be effective, site must ensure that all relevant parties understand the and the importance of adhering to it if CFs are encountered. Training (through induction or other means) on cultural heritage resources that might potentially be found on site must be provided. All personnel, especially those working on earth movements and excavations, are to be trained on the identification of potential cultural heritage items/sites and the actions prescribed in this procedure during the induction and regular toolbox talks.
Procedure
n the event of an employee, visitor, consultant, contractor or subcontractor discovering, exposing or unearthing a potential cultural heritage resource whilst undertaking work on behalf of the site, either on land owned or leased by the site, the following steps should be followed:
| Steps |
Actions |
Timing |
Role |
| Discovery & stoppage of work |
In the case of a CF, the heritage resource will not be disturbed or removed and all activities in its vicinity will be ceased as soon as it is deemed safe to do so. The area will be demarcated, preferably by a site employee or alternatively the contractor, who will also be required to note the type of resource, location, photograph and depth below surface of the find. |
As soon as it is safe to do so |
Observer, site employee and/or sub-contractor. |
| Management Notification |
After stopping the work, contact the Environmental Manager (EM) immediately to (1) report and describe the CF and (2) confirm that all activities around the CF have been ceased. EM to notify the Project Manager (PM) as well as nominated representatives from Protection Services (PSR), Health and Safety (H&SR), and Social Performance (SP) departments regarding the CF and requisite actions. |
Immediately after stoppage of work |
Observer, EM, PM, SE & PSM |
| Site Protection & Inspection |
EM, together with PSR representative issue urgent instruction to properly demarcate and watch over site. Demarcation will provide a 25 metre buffer zone from all sides of the find. EM, and PSR to visit the site as soon as practically possible to ensure that the area is appropriately demarcated and secured to prevent unauthorised access and/or potential damage. EM or to undertake the inspection process, in accordance with health and safety protocols, and record outstanding descriptive information, especially spatial and imagery data by completing the Chance Find Reporting Form – see below. |
Same day as discovery |
EM, PSM, & staff |
| Rapid assessment & recommendation |
EM engage ad hoc heritage specialist (HS) to assess the find remotely or via site visit, whichever is appropriate. Specialist will verify the finding and assess its potential significance. HS to report finding and recommend appropriate action to EM. Specialist recommendation should specify whether the CF has no, negligible, low, medium or high significance. |
Within 2 days of discovery |
EM, Ad hoc heritage specialist (HS) |
| Processing insignificant finds |
HS confirms standard removal process with EM. EM instructs appropriate resource to remove object (if it is an easily movable object such as a coin or potshard) and re-initiate any stopped activities. In case of uncertainty regarding the significance, HS will specify chain of custody and appropriate interim storage requirements to EM, until significance can be confirmed. HS and EM decide whether work can resume unconditionally or whether certain restrictions are required. An on-site office and finds storage area should have been established allowing storage of any artefacts or other archaeological material recovered. |
Within 2 days of discovery |
EM, Ad hoc heritage specialist (HS) |
| Processing significant finds |
The processing time of significant CFs will vary depending on the nature of the CF. The processing requirements that will be followed will depend on the assessment and recommendation of the HS. The HS’ recommendation will describe the following:
- Potential for removal: Indicate whether the find can be removed and the process for removal. This will indicate whether company employee can remove the object without the presence of the HS
- Security and protection requirements: Whether on-going security is required and/or revised buffer area needs to be instated
- Chain of custody and storage: Identity appropriate chain of custody and storage requirements that will apply after removal
- Need for preservation: Where the location of the find and/or its significance allows for preservation, the specialist will together with the EM and other relevant parties will decide on whether the find can be preserved in situ by rerouting future activities and/ or using alternative construction techniques or if rescue excavations in advance of additional construction work will be required, if avoidance is not possible. In case of the latter the Company will ensure that the rescue is conducted according to international and national standards and with oversight and involvement of the appropriate experts and Government Authorities.
- Continuation of stopped activities: Confirm whether construction activities should be suspended until further processing, or whether activities can resume on condition of additional safety buffers and/or removal of CF.
- Identify applicable statutory requirements: Inform EM of national or international processing requirements. EM to communicate and initiate statutory process.
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Within 7 days of discovery |
EM, HS, Labour required to undertake removal, protection and/or preservation activities |
| Statutory notification & mitigation |
Should the specialist conclude that the find is a heritage resource protected in terms of national legislation, they will inform the EM and ensure that the appropriate authority is formally notified. HS will confirm with the relevant authority the processing and permitting requirements that apply to the find (e.g. requirements for additional heritage studies, grave relocations and/or rescue/preservation permits of highly significant sites). Project activities at an important find will resume after the implementation of government-approved mitigation measures, unless regulations allow for conditional continuation of activities. |
Within 7 days (or as per national legislation) |
HS, EM & Heritage authority |
| Processing: Burial Grounds |
n certain contexts, it may be anticipated that significant finds will likely be limited to human remains. After completing the previous steps, the following procedure should be followed:
- EM and HS to notify the local policing authority of burial site
- Engage relevant local government authorities to ensure compliance with by-laws
- Specialist and EM to inspect the exposed burial and determine in consultation with policing authority the temporal context of the remains (i.e. noteworthy forensic features, authentic burial grave older than 60 years or archaeological burial older than 100 years) as well as whether there might be additional graves within the immediate vicinity of the find.
- Should the specialist conclude that the find is a heritage resource protected in terms of national legislation, they will inform the relevant heritage authority on behalf of the Company and confirm mitigation requirements
- Initiate grave relocation process according to national legislation and AASW requirements
- Establish multidisciplinary team to manage grave relocation process, including representative from mine management, social performance, human resources, protection services, group legal and safety health and environmental
- If necessary, the team will urgently appoint an experienced and qualified expert, which is appropriately registered in terms of national legislation
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Reporting to policing authority should be within 1 day of specialist assessment Timing of remainder of process should be determined in consultation with relevant authorities |
HS, EM & Heritage authority |
Reporting and documentation requirements
- External: HS will be required to compile and maintain separate records of CFs, results of assessments, CF recommendations, internal and external communications and instructions and supporting photographic documentation (or other reference materials as appropriate), which will be submitted and reviewed by EM and/or staff.
- Internal: The EM will ensure the Chance Find Report is completed, approved and readily available. This report will contain the following information: date and time of the discovery, location (GPS coordinates), description of the discovery, significance of discovery, estimated weight and dimensions i.e. feasibility to move the discovery; estimated time needed to conduct excavation of discovery; recommendation of how to proceed; temporary protection measures implemented, etc. The EM will review, approve and store the rapid assessment report.
| CONTACT DETAILS |
| POSITION |
CONTACT NUMBER |
EMAIL |
| Environmental Manager |
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| Heritage Specialist |
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| Protection Services |
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| Policing Authority |
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| CHANCE FIND REPORT FORM |
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PART 1: DESCRIPTION OF FIND
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| Recorder’s Name/ affiliation |
| Date |
| Description of find |
| Description of location & GPS Coordinates |
| Photographs taken: |
| Sketch Map |
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PART 2: RAPID ASSESSESMENT RECOMMENDATION
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| Notes on Part 1 description of find |
| Potential for removal |
| Security and protection requirements |
| Chain of custody and storage |
| Need for preservation and/or rescue |
| Continuation of stopped activities |
| Applicable statutory requirements |
References
- International Finance Corporation (IFC) (2012) Performance Standards on Environmental and Social Sustainability. Available at: https://www.ifc.org/wps/wcm/connect/c02c2e86-e6cd-4b55-95a2-b3395d204279/IFC_Performance_Standards.pdf?MOD=AJPERES&CVID=kTjHBzk (Accessed: December 2019)
- United Nations Educational, Scientific and Cultural Organization (UNESCO) (2011) Infokit 2011 - What is intangible cultural heritage? Available at: https://ich.unesco.org/en/what-is-intangible-heritage-00003 (Accessed: December 2019)
- United Nations Educational, Scientific and Cultural Organization (UNESCO) (2003) Text of the Convention for the Safeguarding of the Intangible Cultural Heritage. Available at: https://ich.unesco.org/en/convention (Accessed: December 2019)
- United Nations Educational, Scientific and Cultural Organization (UNESCO). Purpose of the Lists of Intangible Cultural Heritage and of the Register of Good Safeguarding Practices. Available at: https://ich.unesco.org/en/purpose-of-the-lists-00807 (Accessed: December 2019)