Part Two:Cultural Heritage Management Recommendations · Part Two:Cultural Heritage Management...

Jo Bell Heritage Services P/L CHMP No. 14301

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Part Two: Cultural Heritage Management Recommendations These recommendations become compliance requirements once the cultural heritage

management plan is approved.


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7.0 SPECIFIC MANAGEMENT MEASURES The Aboriginal Heritage Act 2006 requires a CHMP to set out recommendations for measures to be taken before, during and after the activity to manage and protect the Aboriginal cultural heritage identified during the cultural heritage assessment. Prior to the Commencement of Works

7.1 Cultural Awareness Training

1. All contractors and/or employees of contractors who are supervising works during the activity in relation to earthmoving or ground disturbance must attend an on-site cultural heritage induction.

2. All ground disturbance works must be supervised by a person who has undertaken the on-site cultural heritage induction.

3. The on-site cultural heritage induction must be undertaken prior to the commencement of works.

4. The on-site cultural heritage induction must cover: a. The specific requirements of this CHMP; b. The contingency plans contained in this CHMP; and c. Cultural awareness training.

5. It is the responsibility of the sponsor to ensure that an on-site cultural heritage induction is undertaken.

6. The sponsor must discuss on-site cultural heritage induction options with YYNAC as the RAP appointed for the area.

7. The costs of the on-site cultural heritage induction must be met by the sponsor.

7.2 Copy of the Approved Plan must be kept on-site A copy of the approved plan must be kept on site at all times during the conduct of the activity.


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8.0 CONTINGENCY PLANS In the event that Aboriginal cultural heritage is found during the conduct of the activity, contingency measures are set out below. The contingency measures set out the sponsor’s requirements in the event that Aboriginal cultural heritage is identified during the conduct of the activity.

8.1 Management of Aboriginal Cultural Heritage found during the Activity In the event that new Aboriginal cultural heritage is found during the conduct of the activity, then the following must occur:

The person who discovers Aboriginal cultural heritage during the activity will immediately notify the person in charge of the activity;

The person in charge of the activity must then suspend any relevant works at the location of the discovery and within 5m of the relevant place extent;

In order to prevent any further disturbance, the location will be isolated by safety webbing or an equivalent barrier and works may recommence outside the area of exclusion;

The person in charge of the activity must contact the cultural heritage advisor and the RAP within 48hrs;

Within a period not exceeding 5 working days a decision/ recommendation will be made by the cultural heritage advisor and the RAP as to the process to be followed to manage the Aboriginal cultural heritage in a culturally appropriate manner, and how to proceed with the works;

Options for management may include: o if the Aboriginal cultural heritage is considered to be an isolated or

dispersed scatter of stone artefacts (less than 5 artefacts) in a disturbed context (not in situ), once recorded, no further management is required;

o in the event that other Aboriginal cultural heritage is identified (stratified shell midden deposits, hearths, high density artefact scatter):

the cultural heritage must be recorded in detail; a meeting must then be convened to discuss strategies for

avoiding further harm to the cultural heritage and if not possible, minimising harm to the cultural heritage. As a last resort, the Aboriginal cultural heritage will need to be salvaged.

An appropriate salvage methodology will be developed by the cultural heritage advisor and the RAP based on the type of Aboriginal cultural heritage uncovered.

The salvage excavations must be implemented by a suitably qualified archaeologist.

A report on the salvage excavations must be prepared and submitted to AV within 6 months of completion of the salvage excavations.

o A separate contingency plan has been developed in the event that suspected human remains are discovered during the conduct of the activity.


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8.1.1 Protocols for handling sensitive information Aboriginal cultural heritage encompasses all aspects of Aboriginal culture including tangible evidence such as stone artefacts, shell middens and ancestral remains, intangible evidence such as oral histories and song lines as well as living culture. While not all aspects of Aboriginal culture is considered sensitive, especially evidence of activities of daily living, there are some aspects that may relate to ceremony, ritual or ancestral remains that are of a particularly sensitive nature. Culturally-sensitive information is inherently bound up with cultural significance. ‘If we accept that cultural significance is not an inherent quality of a place, but a social outcome resulting from people’s interactions with a place, then the community itself must be the most important source of significance’ (Burke & Smith 2004:245). In the event that Aboriginal cultural material is identified during the conduct of the activity, the cultural heritage advisor must ensure that any investigations undertaken in relation to the cultural heritage are carried out in a culturally-sensitive manner, which may include limiting access to the cultural heritage during investigations and further advising the sponsor/ contractors/ employees of their obligations in relation to the culturally-sensitive nature of the heritage and their obligations in relation to the Act.

8.2 Notification of the Discovery of Aboriginal cultural heritage during the carrying out of the Activity Where Aboriginal cultural heritage is found during the activity the cultural heritage advisor must take the lead role in investigating, reporting, and facilitating an appropriate outcome. Where Aboriginal cultural heritage is found during the activity the cultural heritage advisor must complete Victorian Aboriginal Heritage Register (VAHR) forms and submit these to Aboriginal Victoria (reporting the discovery to the Secretary).

8.3 Custody and Management of Aboriginal cultural heritage found during the carrying out of the Activity In the event that Aboriginal cultural heritage is recovered or salvaged from the activity area, it is the responsibility of the cultural heritage advisor to:

Catalogue the Aboriginal cultural heritage;

Label and package the Aboriginal cultural heritage with reference to provenance; and

Arrange storage in consultation with the RAP, of the Aboriginal cultural heritage in a secure location together with copies of the catalogue and assessment documentation.

Custody of Aboriginal cultural heritage discovered during or after an activity must comply with the requirements established by the Aboriginal Heritage Act 2006 and be assigned according to the following order of priority, as appropriate:

Any relevant RAP that is registered for the land from which the Aboriginal heritage is salvaged;

Any relevant registered native title holder for the land from which the Aboriginal heritage is salvaged;

Any relevant native title party (as defined in the Aboriginal Heritage Act 2006 for the land from which the Aboriginal heritage is salvaged;


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Any relevant Aboriginal person or persons with traditional or familial links with the land from which the Aboriginal heritage is salvaged;

Any relevant Aboriginal body or organisation which has historical or contemporary interests in Aboriginal heritage relating to the land which the Aboriginal heritage is salvaged;

The owner of the land from which the Aboriginal heritage is salvaged;

The Museum of Victoria.

8.4 Removal and Curation of Aboriginal cultural heritage found during the carrying out of the Activity In the event that the relevant custodian, as set out in Section 8.3 of this plan, does not have the capacity to curate any Aboriginal cultural heritage identified during the carrying out of the activity, the cultural heritage advisor must identify alternative arrangements for the curation of the cultural heritage prior to the salvage commencing. Therefore, it is the responsibility of the cultural heritage advisor to:

Catalogue the Aboriginal cultural heritage;

Label and package the Aboriginal cultural heritage with reference to provenance; and

Arrange storage in consultation with the RAP, of the Aboriginal cultural heritage in a secure location together with copies of the catalogue, assessment documentation, CHMP and the results of the analysis of the cultural heritage.

8.5 Notification of the Discovery of Skeletal Remains during the carrying out of the Activity

1. Discovery:

If suspected human remains are discovered, all activity in the vicinity must stop to ensure minimal damage is caused to the remains, and,

The remains must be left in place, and protected from harm or damage.

2. Notification:

Once suspected human skeletal remains have been found, Victoria Police (use the local number) and the Coroner’s Office (1300 309 519) must be notified immediately;

If there are reasonable grounds to believe that the remains are Aboriginal, the Coronial Admissions and Enquiries hotline must be contacted on 1300 888 544; and

All details of the location and nature of the human remains must be provided to the relevant authorities.

If it is confirmed by these authorities that the discovered remains are Aboriginal skeletal remains, the person responsible for the activity must report the existence of the human remains to the Secretary, DPC in accordance with s.17 of the Act.

3. Impact Mitigation or Salvage:

The Secretary, after taking reasonable steps to consult with any Aboriginal person or body with an interest in the Aboriginal ancestral remains, will determine the appropriate course of action as required by s.18(2)(b) of the Act.

An appropriate impact mitigation or salvage strategy as determined by the Secretary must be implemented.


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4. Curation and Further Analysis:

The treatment of salvaged Aboriginal ancestral remains must be in accordance with the direction of the Secretary.

5. Reburial:

Any reburial site(s) must be fully documented by an experienced and qualified archaeologist, clearly marked and all details provide to Aboriginal Victoria;

Appropriate management measures must be implemented to ensure that the remains are not disturbed in the future.

8.6 Dispute Resolution

8.6.1 Dispute Resolution in relation to the evaluation of the plan Pursuant with Part 8, Division 1, Subdivision 1 of the Act, ‘dispute’ means a dispute between two or more registered Aboriginal parties arising in relation to the evaluation of a CHMP (s.111); and provides the RAP or the sponsor of a CHMP (or both) avenues to seek alternative dispute resolution by referral to the Chairperson of the VAHC. There are two options available for dispute resolution in the event that this occurs in relation to the above. Option 1 – Alternative Dispute Resolution Alternative Dispute Resolution (ADR) includes mediation and preliminary assistance in dispute resolution, such as the giving of advice designed to ensure that:

The parties are fully aware of their rights and obligations; and

There is full and open communication between the parties concerning the dispute. Under this option, the RAP or the sponsor may refer a dispute to the Chairperson of the VAHC for alternative dispute resolution. Within 30 days after the referral, the Chairperson of the VAHC must arrange for the dispute to be the subject of:

Mediation by a mediator; or

Another appropriate form of ADR by a suitably qualified person. Mediation or other ADR must take place within 30 days after the date on which the dispute is referred to the Chairperson of the VAHC. The costs of ADR are to be shared equally by the parties. Option 2 – VCAT In accordance with s.116 (1) of the Act, the sponsor of a cultural heritage management plan may apply to VCAT for review of a decision of a RAP under s.63 to refuse to approve the plan. Under s.116 (3) an application for a review must be made within 28 days of the day on which the applicant is notified of the decision. In accordance with s.116 (2) of the Act, the sponsor of a cultural heritage management plan may apply to VCAT for review of a decision of the Secretary under s.65 to refuse to approve


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the plan. Under s.116 (3) an application for a review must be made within 28 days of the day on which the applicant is notified of the decision.

8.6.2 Dispute resolution in relation to the Implementation of the plan Disputes that arise in other contexts, such as during the implementation of the plan or during the conduct of the activity, must be carefully considered in terms of the intent of the plan, the significance and/or cultural heritage value of any Aboriginal cultural heritage over which a dispute arises, and the activity being undertaken. In the event that such arises, the cultural heritage advisor should act as mediator. Refer also to Sections 8.1-8.4 of this plan.

8.7 Reviewing Compliance In order to review compliance with the CHMP and remedy any non-compliance, a checklist is provided in Appendix 5 to be used by the sponsor or sponsor’s delegate (on-site supervisor) during the conduct of the activity. Compliance checks must be undertaken by the sponsor or the sponsor’s delegate at appropriate times during the conduct of the activity. In the event that a non-compliance with the CHMP is identified, then all works within the activity area must cease until compliance with the Management Plan is gained. Remedying the non-compliance may require:

An on-site meeting between the sponsor or sponsor’s delegate, on-site supervisor or Project Manager, the RAP and the cultural heritage advisor.

It is the role of the cultural heritage advisor to facilitate an appropriate outcome, which may include consultation with any relevant stakeholders.

Revisiting the requirements and implementation of the CHMP.


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9.0 REFERENCES Texts and Reports Barwick, D 1984, ‘Mapping the past: an atlas of Victorian clans 1835-1904: Part 1’, Aboriginal

History, vol. 8, no. 1/2, pp. 100–131.

Bell, J 2000, Archaeological Survey of Pretty Valley, Alpine National Park, TerraCulture Pty. Ltd., Report for Parks Victoria.

Bonhomme, T 1990, An Archaeological Survey of the Barmah Forest, Victorian Archaeological Survey, Melbourne.

Burke, H & Smith, C 2004, The Archaeologist’s Field Handbook, Allen & Unwin, Crows Nest.

Clark, I 1988, The Port Phillip journals of George Augustus Robinson: 8 March-7 April 1842 and 18 March-29 April 1843, Monash University, Melbourne.

Clark, I 1990, Aboriginal Languages and Clans: An Historical Atlas of Western and Central Victoria, 1800-1900’, Monash Publications in Geography.

Clark, I 2005, Aboriginal Languages Areas in Victoria: A Reconstruction, A Report to the Victoria Aboriginal Corporation for Languages.

Cochrane, G, Quick, G & Spencer-Jones, D 1995, Introducing Victorian Geology, Geological Society of Australia (Victorian Division).

Coutts, P & Victoria Archaeological Survey 1981, Readings in Victorian prehistory. Volume 2. The Victorian Aboriginals 1800 to 1860, Victoria Archaeological Survey, Ministry for Conservation.

Curr, EM 1883, Recollections of Squatting in Victoria, Melbourne University Press, Melbourne.

Curr, EM 1887, The Australian Race: its Origin, Languages, Customs, Place of Landing in Australia and the Routes by which it spread Itself Over that Continent, Government Printer, Melbourne.

Edmonds, V & Jenkins, R 2008, Kanyapella Basin Rehabilitation, Near Echuca, Northeast Victoria: Cultural Heritage Management Plan, Sinclair Knight Merz, Report for Goulburn-Murray Water.

Hawdon, J 1952, The Journal of a Journey from New South Wales to Adelaide (the Capital of South Australia) Performed in 1838 by Mr. Joseph Hawdon, Georgian House, Melbourne.

Howitt, A 1904, The Native Tribes of South-East Australia, Aboriginal Studies Press, Canberra.

Long, A 1996, Southern Murray Basin Aboriginal Sites Survey Field Report, Report for Aboriginal Affairs Victoria.

Massola, A 1969, Journey to Aboriginal Victoria, Rigby Limited, Sydney.


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Mathews, RH 1902, ‘Languages of Some Native Tribes of Queensland, New South Wales and Victoria’, Royal Society of New South Wales, Journal and Proceedings, vol. 36, pp. 135–190.

McBryde, I 1984, ‘Kulin greenstone quarries: the social contexts of production and distribution for the Mt. William site’’, World Archaeology, vol. 16, pp. 267–285.

Robinson, D & Mann, S 1996, Natural Values of the Public Lands along the Broken, Boosey and Nine Mile Creeks of North Eastern Victoria, Goulburn Valley Environment Group, Report for the Australian Heritage Commission.

Russell, L 1992, Field Survey between Tallygaroopna and Cobram, Report for Telecom Australia.

Spreadborough, R & Anderson, H 1983, Victorian Squatters, Red Rooster Press, Ascot Vale.

Tindale, N 1940, Aboriginal Tribes of Australia, ANU Press, Canberra.

Wesson, S 2000, An Historical Atlas of the Aborigines of Eastern Victoria and Far Southeastern New South Wales, Monash School of Geography and Environmental Science, Melbourne.

Websites Department of Economic Development, Jobs, Transport and Resources (DEDJTR) 2016

GeoVic, State Government of Victoria. Retrieved from http://er-info.dpi.vic.gov.au/sd_weave/registered.html?sessionkey=142F969701B-5CF286

Department of Environment Land Water and Planning (DELWP) 2016

Biodiversity Map – 3.0, State Government of Victoria. Retrieved from http://mapshare2.dse.vic.gov.au/MapShare2EXT/imf.jsp?site=bim Google Earth 2016

Marungi and Drumanure. Google Inc. Mountain View California. Retrieved from https://www.google.com/earth/.

State Government of Victoria 2016 Victorian Aboriginal Heritage Register (VAHR) accessed from:

https://applications.vic.gov.au/apps/achris/protected/registry/home Historical Plans Parish of Drumanure County of Moira (1953). Accessed from Central Plan Office online: https://www.landata.vic.gov.au/. Aerial Photography Standard Mapsheet Photography, 7925N3 779/7 (1945), Film: 7, Run: 6, Print 8447, Height: 11,200 feet ASL. Legislation – Victorian Aboriginal Heritage Act 2006 Aboriginal Heritage Regulations 2007


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10.0 APPENDICES


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Appendix 1: Qualifications of Cultural Heritage Advisor


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Joanne Bell Director Jo Bell Heritage Services Pty. Ltd. Qualifications: BA (Hons) Archaeology, La Trobe University, Bundoora, 2000 Cert. IV Training and Assessment, ECEC 2006 Joanne is qualified in Indigenous Australian prehistory and non-Indigenous historic archaeology. She has more than fifteen years professional experience in heritage management, including development and research projects. Fields of research include Australian Indigenous archaeology, Australian historic archaeology, stone artefact analysis, cultural heritage management and heritage training. Bridget Grinter Project Archaeologist Jo Bell Heritage Services Pty. Ltd. Qualifications: BA (Hons) Archaeology, La Trobe University, Bundoora 2008 Bridget is qualified in Indigenous Australian prehistory and non-Indigenous historic archaeology. She has over eight years of professional experience in the industry including survey, background research, stone artefact analysis and cultural heritage management. Ashley Edwards Project Archaeologist Jo Bell Heritage Services Pty. Ltd. Qualifications: Master of Arts (Archaeology), University of New England, Armidale, 2010 BArch (Hons), La Trobe University, Bundoora, 2006 GradCert GIS and Remote Sensing, Charles Sturt University, 2016 Ashley is qualified in Indigenous Australian prehistory and non-Indigenous historic archaeology. She has more than ten years of professional experience in heritage management, including development and research projects. Fields of experience include Australian Indigenous archaeology, Australian historic archaeology, stone artefact analysis, GIS and cultural heritage management.


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Appendix 2: Notice of Intent to Prepare a Cultural Heritage Management Plan


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Appendix 3: Yorta Yorta Response to NOI


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Shepparton Office Echuca Office Yenbena Training Centre PO Box 1363 PO Box 17 PO Box 27

Shepparton Vic 3632 Echuca Vic 3564 Nathalia Vic 3638 PH: 03 5832 0222 PH: 03 5482 3685 PH: 03 5869 3135

Fax: 03 5821 0367 [email protected] Fax: 03 5869 3292 [email protected] web: www.yynac.com.au [email protected]

Helen Kingham-Bradley 1127 Labuan Road Marungi, Victoria 3634 08 May 2016

NOTICE OF INTENT TO PREPARE A CULTURAL HERITAGE MANAGEMENT PLAN: 14301

Free Range Pig Farm 712 Sellicks Road Drumanure

Yorta Yorta Nation Aboriginal Corporation (YYNAC) has received the Notice of Intent (NOI) to

prepare a Cultural Heritage Management Plan (CHMP) for the above project which was

received 06 May 2016.

The Yorta Yorta Nation Aboriginal Corporation is the Registered Aboriginal Party (RAP) under

the Victorian Aboriginal Heritage Act 2006. It will evaluate the management plan for the

project.

The cost for the evaluation of the management plan is as prescribed in the Victorian Aboriginal Heritage Regulations 2007. Costs for consultation with the registered Aboriginal Party are outlined in the Yorta Yorta Nation Aboriginal Corporation’s fees and terms of engagement document. The Yorta Yorta Nation Aboriginal Corporation request an inception meeting be held with the Project Sponsor and the Cultural Heritage Advisor before any works are to commence. Yours Sincerely,

Peter Ferguson Chairperson


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Appendix 4: Compliance Checklist


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COMPLIANCE REVIEW CHECKLIST

Item Date

Checked

Compliance (C)

Non-Compliance

(NC)

Signature / Designation

Remedy Date

Remedied Signature /

Designation

General

Is the CHMP approved?

Has a cultural heritage advisor been appointed and contact details provided to on-site supervisor?

Have all relevant contractors (associated with supervising ground disturbance works) undertaken cultural awareness training?

Has a copy of Part 2 of the CHMP been included in all relevant works manuals?

Is a copy of the approved plan kept on site at all times during the conduct of the activity?

Contingency Plans

Cultural heritage found during the activity

Has the discoverer notified the works co-ordinator?

Have works ceased within 5m of the relevant cultural heritage?

Has the relevant area been isolated?

Has the cultural heritage advisor been notified within 24 hours?

Has a decision been made in relation to an appropriate management process within 5 working days? Document process


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Item Date

Checked

Compliance (C)

Non-Compliance

(NC)

Signature / Designation

Remedy Date

Remedied Signature /

Designation

Notifications

Have VAHR forms been completed and submitted to Aboriginal Victoria?

Custody and Management

If cultural heritage is found, identify appropriate custodian and document.

Removal and Curation

Has the cultural heritage advisor catalogued, labelled and packaged and arranged storage for the cultural heritage found and salvaged?

Discovery of Human Remains

Have works ceased in the vicinity of the remains and have they been protected from harm?

Have the local police and the Coroner’s Office been contacted on 1300 309 519? Document discussion

If suspected Aboriginal remains, has Coronial Admissions and Enquiries hotline been contacted on 1300 888 544? Document discussion

Reviewing Compliance

Has the sponsor or the sponsor’s delegate carried out compliance checks at regular intervals during the conduct of the activity?


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Appendix 5: Glossary


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Activity The development or use of land. Activity Area The area or areas to be used or developed for an activity. Archaeology The study of the past through the systematic recovery and analysis of material culture. Artefact Scatter A group of stone artefacts found scattered on the ground surface. Assemblage A collection of artefacts that are derived from the same Aboriginal place. Burial (Human skeletal remains) Usually represented by a concentration of human bones or teeth. Burials can be associated with charcoal or ochre, shell, animal bone or stone tools. They tend to be located in sandy areas, which were easy to dig or in rock shelters or tree hollows. They are usually exposed through earthworks or erosion. Earth Feature Includes mounds, rings, hearths, post holes and ovens. Excavation The systematic recovery of archaeological data through the exposure of buried sites and artefacts. Material culture The tangible evidence or cultural remains that are produced by human activity. Quarry A location from which Aboriginal people have extracted stone for making stone artefacts or mineral such as ochre for use in painting. Rock Art Paintings or engravings on the surface of caves or rockshelters, created by Aboriginal people in the past. Scarred Tree Trees from which bark has been removed for the manufacture of utilitarian items such as containers, shelter sheets, canoes or medicine. Shell Midden A midden is the remains of a meal. In the case of shell middens, marine or freshwater molluscs are the dominant component.

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