Appendix F: Hatfield Aboriginal Heritage Report
Appendix F: Hatfield Aboriginal Heritage Report
Cristal Mining Australia Ltd Atlas Campaspe Mineral Sands Project HMC Transport Route Gravel Pits
AAbboorriiggiinnaall CCuullttuurraall HHeerriittaaggee DDuuee DDiilliiggeennccee AAsssseessssmmeenntt
Na tu ra l an d C ul tu ra l Her i ta ge Man ag em ent
a division of M.L. Cupper Pty Ltd
ABN: 48 107 932 918
Author: Matt Cupper
Report to Cristal Mining Australia Limited 3 January 2017
Landskape a division of ML Cupper Pty Ltd
ABN 48 107 932 918
PO Box 1068 Carlton 3053
e-mail: [email protected]
tel: 0408 006 690
PO Box 1068 Carlton 3053 e-mail: [email protected] tel: 0408 006 690
Atlas Campaspe Mineral Sands Project HMC Transport Route Gravel Pits
AAbboorriiggiinnaall CCuullttuurraall HHeerriittaaggee DDuuee DDiilliiggeennccee AAsssseessssmmeenntt Report to Cristal Mining Australia Limited 3 January 2017
N a t u r a l a n d C u l t u r a l H e r i t a g e M a n a g e m e n t
a division of M.L. Cupper Pty Ltd
ABN: 48 107 932 918
Author: Dr Matt Cupper Date: 3 January 2017
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Executive Summary
Cristal Mining Australia Limited (Cristal Mining) intends to extract gravel from nearby
calcrete outcrops to upgrade existing access roads (the Heavy Mineral Concentrate
[HMC] transport route) to the Atlas Campaspe Mineral Sands Project area,
approximately 100 km north of Balranald in southwestern NSW.
In order to investigate the potential impact on Aboriginal cultural heritage resulting from
the proposed gravel extraction, Landskape was engaged by Cristal Mining to conduct a
cultural heritage due diligence assessment of three proposed gravel extraction pits.
The specific objectives of the cultural heritage due diligence assessment were to:
Locate and record any Aboriginal cultural heritage sites within the vicinities of the
proposed gravel extraction pits in consultation with representatives of the registered
Aboriginal parties (RAP) for the Atlas Campaspe Mineral Sands Project;
Identify the nature and extent of potential impacts of the proposed activities on
Aboriginal cultural heritage; and,
Devise options in consultation with the RAPs to avoid or mitigate potential impacts
of the proposed gravel extraction on Aboriginal cultural heritage places and objects.
No Aboriginal cultural heritage places or objects have previously been identified in or
near any of the proposed work areas. The present study encountered one Aboriginal
object in one of the proposed gravel extraction areas (Pit C). This is an isolated find of a
stone artefact (AHIMS site number 40-5-0180; Iona Artefact 1).
Based on the results of this cultural heritage due diligence assessment and consultation
with representatives of the RAPs it is concluded that:
The proposed gravel extraction be allowed to proceed because the activity can be
modified so harm to cultural heritage is avoided;
Harm to Aboriginal object AHIMS site number 40-5-0180 in proposed gravel Pit C
must be avoided by establishing a 20 m exclusion zone (i.e. a 20 m radius buffer
around the perimeter of the Aboriginal object). The exclusion zone must be
appropriately fenced with a permanent barrier. Employees, contractors and visitors
must be instructed not to enter the area except for approved land management
activities such as weed spraying, fence maintenance, etc.;
If any previously unidentified Aboriginal cultural heritage places or objects are
encountered during the course of the proposed gravel extraction all activities likely
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to affect the material shall cease immediately and the Office of Environment and
Heritage’s Environmental Line (tel: 131 555) consulted about an appropriate course
of action prior to recommencement of work. It can be an offence under the relevant
legislation to disturb or destroy Aboriginal cultural heritage objects without a valid
Aboriginal Heritage Impact Permit;
If human skeletal remains are encountered during the course of the proposed works
all activities in that area must cease. Remains must not be handled or otherwise
disturbed except to prevent further disturbance. If the remains are thought to be less
than 100 years old the Police or the State Coroners Office (tel: 02 9552 4066) must
be notified. If there is reason to suspect that the skeletal remains are more than 100
years old and Aboriginal, the proponent should contact the Office of Environment
and Heritage’s Environmental Line (tel: 131 555) for advice; and,
Cristal Mining should continue to involve representatives of the RAPs in the project.
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Contents EXECUTIVE SUMMARY ................................................................................................ ii CONTENTS ................................................................................................................... iv
1 INTRODUCTION ...................................................................................................... 1
2 PROPOSED GRAVEL PITS .................................................................................... 6
2.1 Project Objectives .............................................................................................. 6
2.2 Proposed Activities ............................................................................................ 6
2.3 Potential Disturbance ........................................................................................ 6
2.4 Flexibility of Design ............................................................................................ 6
3 ABORIGINAL COMMUNITY INVOLVEMENT ......................................................... 7
3.1 Methodology for the Aboriginal Community Involvement: ................................. 7
3.1.1 Aboriginal Community Involvement Prior to the Field Assessment: . 7
3.1.2 Aboriginal Community Involvement During the Field Assessment: .. 7
3.1.3 Aboriginal Community Involvement Following the Field Assessment: ......................................................................................................... 7
3.2 Aboriginal Community Concerns ....................................................................... 8
4 LEGISLATIVE CONTEXT ........................................................................................ 9
4.1 National Parks and Wildlife Act 1974 ................................................................ 9
4.2 Environmental Planning and Assessment Act 1979 ........................................ 10
4.3 Australia ICOMOS Charter for the Conservation of Places of Cultural Significance (Burra Charter) ........................................................................... 10
5 ENVIRONMENTAL CONTEXT .............................................................................. 12
6 ABORIGINAL CULTURAL HERITAGE CONTEXT ............................................... 15
6.1 Archaeological Record .................................................................................... 15
6.2 Ethnohistory ..................................................................................................... 15
6.3 Types of Cultural Heritage Sites ...................................................................... 16
6.3.1 Stone Artefact Scatters .................................................................. 16
6.3.2 Hearths ........................................................................................... 16
6.3.3 Freshwater Shell Middens .............................................................. 17
6.3.4 Earth Mounds ................................................................................. 17
6.3.5 Quarry Sites ................................................................................... 17
6.3.6 Modified Trees ............................................................................... 17
6.3.7 Stone Arrangements, Ceremonial Rings and Ceremony and Dreaming Sites ............................................................................... 18
6.3.8 Burials ............................................................................................ 18
6.4 Aboriginal Sites in the Project Area ................................................................. 18
7 PROJECT DESIGN AND SURVEY METHODOLOGY .......................................... 19
7.1 Site Predictive Model ....................................................................................... 19
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7.2 Field Methodology ........................................................................................... 21
7.2.1 Logistics ......................................................................................... 21
7.2.2 Survey Methods ............................................................................. 21
7.3 Survey Coverage Data .................................................................................... 21
7.3.1 Conditions of Visibility .................................................................... 21
7.3.2 Coverage Analysis ......................................................................... 24
8 RESULTS AND DISCUSSION ............................................................................... 25
9 RECOMMENDATIONS .......................................................................................... 28
10 REFERENCES ....................................................................................................... 29
APPENDIX 1 ................................................................................................................ 33
List of Figures
Figure 1. Regional setting of the proposed gravel pits. ................................................. 2
Figure 2. Location of the proposed gravel Pit A. ............................................................ 3
Figure 3. Location of the proposed gravel Pit B. ............................................................ 4
Figure 4. Location of the proposed gravel Pit C. ........................................................... 5
Figure 5. Proposed location of gravel Pit B. ................................................................ 13
Figure 6. Proposed location of gravel Pit A. ................................................................ 13
Figure 7. Proposed location of gravel Pit A. ................................................................ 14
Figure 8. Proposed location of gravel Pit C. ................................................................ 14
Figure 9. Survey team members inspecting proposed gravel Pit B. ............................ 22
Figure 10. Team members inspecting proposed gravel Pit A. ..................................... 22
Figure 11. Proposed gravel Pit B showing the excellent surface visibility conditions. . 23
Figure 12. Proposed gravel Pit A showing the excellent surface visibility conditions. . 23
Figure 13. Aboriginal object AHIMS site number 40-5-0180. ...................................... 26
Figure 14. Aboriginal object AHIMS site number 40-5-0180. ...................................... 26
Figure 15. Location of AHIMS site number 40-5-0180 in proposed gravel Pit C. ........ 27
List of Tables
Table 1. Probability of encountering Aboriginal cultural heritage within the gravel pits. ............................................................................................................................... 20
Table 2. Visibility conditions of the proposed work areas. ........................................... 24
Table 3. Effective coverage of the proposed work areas. ............................................ 24
Table 4. Summary data of Aboriginal cultural heritage place in proposed gravel Pit C. ............................................................................................................................... 25
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1 Introduction
Cristal Mining Australia Limited (Cristal Mining) intends to extract gravel from nearby
calcrete outcrops to upgrade existing access roads (the Heavy Mineral Concentrate
[HMC] transport route) to the Atlas Campaspe Mineral Sands Project area,
approximately 100 km north of Balranald in southwestern NSW (Figures 1-4).
In order to investigate the potential impact on Aboriginal cultural heritage resulting from
the proposed gravel extraction, Landskape was engaged by Cristal Mining to conduct a
cultural heritage due diligence assessment of three proposed gravel extraction pits.
The specific objectives of the cultural heritage due diligence assessment were to:
Locate and record any Aboriginal cultural heritage sites within the vicinities of the
proposed gravel extraction pits in consultation with representatives of the registered
Aboriginal parties (RAP) for the Atlas Campaspe Mineral Sands Project;
Identify the nature and extent of potential impacts of the proposed activities on
Aboriginal cultural heritage; and,
Devise options in consultation with the RAPs to avoid or mitigate potential impacts
of the proposed gravel extraction on Aboriginal cultural heritage places and objects.
Preparation of this report involved collation of relevant archaeological and
environmental information and the use of aerial photographs and topographic and
geomorphic maps to identify areas likely to contain archaeological sites. Fieldwork was
undertaken on 12 November 2016 by project archaeologist Dr Matt Cupper with the
assistance of Muthi Muthi Nation Aboriginal Corporation representatives Tara Bruton
and Ryan Kelly.
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Figure 1. Regional setting of the proposed gravel pits.
Pit B
Pit C
Pit A
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Figure 2. Location of the proposed gravel Pit A.
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Figure 3. Location of the proposed gravel Pit B.
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Figure 4. Location of the proposed gravel Pit C.
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2 Proposed Gravel Pits
The proposed activities associated with the extraction of gravel are summarized below.
2.1 Project Objectives
Cristal Mining intends to extract gravel from nearby calcrete outcrops to upgrade
existing access roads (the Heavy Mineral Concentrate transport route) to the Atlas
Campaspe Mineral Sands Project area, approximately 100 km north of Balranald in
southwestern NSW (Figures 1-4).
2.2 Proposed Activities
The proposed activities include clearing remnant vegetation, soil stripping and
stockpiling, gravel extraction and site rehabilitation.
Heavy earthmoving equipment (excavators, front-end-loaders, etc) would be used to
excavate up to three gravel pits. Earthmoving equipment, dump trucks to remove the
gravel and support vehicles would utilize existing access roads and tracks for Pits A and
B, with a short section (800 m) of access road required for Pit C.
2.3 Potential Disturbance
Activities would occupy areas of 37 ha (Pit A), 4 ha (Pit B) and 67.5 ha (Pit C). Parts of
Pits A and B have previously been used for gravel extraction. The topsoil and calcrete
would be removed to depths of up to 2-3 metres. Topsoil would be reinstated at the
completion of gravel extraction and the areas rehabilitated.
2.4 Flexibility of Design
The areas for the proposed gravel pits are preferred locations, constrained by the
presence of suitable calcrete gravel but are relatively flexible. Their final locations would
be modified to avoid any potential harm to Aboriginal cultural heritage.
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3 Aboriginal Community Involvement
This cultural heritage study has involved representatives of the local Aboriginal
community and considered their cultural values and concerns.
3.1 Methodology for the Aboriginal Community Involvement:
Aboriginal community participation in the Aboriginal cultural heritage due diligence
assessment comprised involvement: before the field assessment to assess preliminary
community views and organize a field survey team; during the field survey with the
Aboriginal team members; and after the field survey to discuss the findings and
recommendations for Aboriginal cultural heritage management.
3.1.1 Aboriginal Community Involvement Prior to the Field Assessment:
Cristal Mining’s Resource Development Manager Dr Ray Roberts, Human Resources
Business Partner David Arthur, Envirocom’s Principal Andrew Minns and project
archaeologist Dr Matt Cupper met with representatives of the registered Aboriginal
parties for the Atlas Campaspe Mineral Sands Project in Balranald on 24 June 2015 to
update them on the project.
The representatives of the registered Aboriginal parties present were Danny Kelly, Tara
Bruton, Cameron Murray (Muthi Muthi Nations Aboriginal Corporation), Gary Pappin
(Wakool Indigenous Corporation) and Faye Johnson (Ivanhoe Community Working
Party).
The proposed developments associated with the Atlas Campaspe Mineral Sands
Project were discussed with the representatives of the registered Aboriginal parties.
Opinions of the representatives of the registered Aboriginal parties about the
development and its potential impacts on cultural heritage were sought and any
concerns or queries were addressed.
3.1.2 Aboriginal Community Involvement During the Field Assessment:
On the recommendation of the registered Aboriginal parties Ryan Kelly and Tara
Bruton, both representative of the local Aboriginal community, were involved in the field
survey undertaken on 12 November 2016.
3.1.3 Aboriginal Community Involvement Following the Field Assessment:
At the completion of the field assessment, the project archaeologist Dr Matt Cupper
updated Danny Kelly (Muthi Muthi Nations Aboriginal Corporation) on the results of the
assessment and recommendations for managing Aboriginal cultural heritage. Dr
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Cupper also met with Mr Kelly in Balranald on 21 December 2016 to address any
queries.
A draft copy of this cultural heritage due diligence assessment was provided to the
Muthi Muthi Nations Aboriginal Corporation on 9 December 2016. Any further
comments will be passed on to Cristal Mining and the Office of Environment and
Heritage.
3.2 Aboriginal Community Concerns
Aboriginal people of southwestern NSW are concerned about any development that
might impact upon Aboriginal sites on land that is traditionally theirs. All land has high
cultural significance for individual Aboriginal people and for the Aboriginal community
collectively. It should also be noted that any development upon, or disturbance of land is
contrary to principal Aboriginal beliefs regarding land, its values and its inherent cultural
significance.
The local Balranald Aboriginal community is particularly concerned about the
preservation of Aboriginal archaeological sites. However, the Aboriginal community
representatives consulted by project archaeologist Dr Matt Cupper expressed no
objections to the proposed gravel extraction proceeding, because the works are not
envisaged to impact upon cultural heritage places or items if the management
recommendations outlined in Sections 7 and 8 are adopted.
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4 Legislative Context
All registered and unregistered Aboriginal archaeological sites in NSW are protected by
the State National Parks and Wildlife Act 1974 and Environmental Planning and
Assessment Act 1979. These Acts prohibit the destruction or disturbance of any cultural
heritage place or object, whether on private or public land. These places are considered
to have significance according to the guidelines of the Australia ICOMOS Charter for
the Conservation of Places of Cultural Significance (the Burra Charter).
The Office of Environment and Heritage is the NSW State Government agency that
administers these Acts as they pertain to Aboriginal heritage.
4.1 National Parks and Wildlife Act 1974
In NSW, the National Parks and Wildlife Act 1974 provides legislative protection for all
Aboriginal cultural heritage places and objects.
Section 86 of the National Parks and Wildlife Act 1974 sets out a number of offences
about ‘harm’ or desecration to an Aboriginal place or object. Harm means any act or
omission that:
Destroys, defaces or damages a place or object;
Moves an object from the land on which it had been situated; or,
Causes or permits a place or object to be harmed.
There are two types of offences for harming an Aboriginal place or object:
An offence of harming or desecrating an object which a person knows is an
Aboriginal object (a ‘knowing offence’)
An offence of harming a place or object whether or not a person knows it is an
Aboriginal place or object (a ‘strict liability offence’).
The maximum penalty for the knowing offence is $550,000 or $275,000 (depending on
whether there are aggravating circumstances) and 1 or 2 years’ gaol for an individual.
For a corporation the maximum penalty for the knowing offence is $1.1 million. The
maximum penalty for the strict liability offence in the case of an Aboriginal object is
$110,000 or $55,000 (depending whether there are aggravating circumstances) for an
individual or $220,000 for a corporation. The maximum penalty for harming an
Aboriginal place is $550,000 and 2 years’ goal for an individual and $1.1 million for a
corporation.
Section 87 National Parks and Wildlife Act 1974 provide several defences and
exemptions for both types of offence. For example, a person who exercises due
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diligence in determining that their actions will not harm Aboriginal objects has a defence
against prosecution for the strict liability offence if they later unknowingly harm an object.
Accordingly, the Office of Environment and Heritage has prepared a code of practice to
assist individuals and organisations who choose to exercise due diligence. This Due
Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales
(DECCW 2010a) has been adopted as the NSW Minerals Industry Due Diligence Code
of Practice for the Protection of Aboriginal Objects (NSW Minerals Council 2010). The
present study conforms to this code of practice.
It is also a defence if a person holds a current Aboriginal Heritage Impact Permit (AHIP)
under section 90 National Parks and Wildlife Act 1974 and complies with the conditions
of the AHIP.
In addition to the defences in the National Parks and Wildlife Act 1974, the general
defence of ‘honest and reasonable mistake’ also applies to the strict liability offence.
4.2 Environmental Planning and Assessment Act 1979
The Environmental Planning and Assessment Act 1979 also recognizes the need to
protect the cultural and natural heritage of NSW. It complements the National Parks and
Wildlife Act 1974 in that it provides for planning before development and it obliges the
developer to consult persons with relevant expertise or experience (Bowdler 1983:14).
The heritage scope of this legislation is wider than that of the National Parks and
Wildlife Act 1974 and sites of significance to contemporary communities are included.
4.3 Australia ICOMOS Charter for the Conservation of Places of Cultural Significance (Burra Charter)
The Australia ICOMOS Charter for the Conservation of Places of Cultural Significance
(Burra Charter) was adopted at a conference at the historic mining town of Burra, South
Australia, in 1979 (latest update 2013). This charter defines the procedures and basic
principles to be followed in the preservation of all types of sites, for example, Aboriginal
shell middens, ancient campsites represented by stone artefact scatters, or historic
mining shafts. These places are considered to have cultural significance either to
Aboriginal people or to Australians in general. Cultural significance is a term used to
encompass all the meanings and values that a particular place may have to people,
beyond its utilitarian value. It refers to ‘aesthetic, historical, scientific or social value for
past or present generations, or for its likely value to future generations’ (Marquis-Kyle
and Walker 1992: 73).
Under the guidelines of the Burra Charter, any Aboriginal sites found in the activity
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areas for the proposed gravel pits would have social value. According to the charter,
social value is defined as:
…the qualities for which a place has become a focus of spiritual, political, national,
or other cultural sentiment to a majority or minority group (Marquis-Kyle and
Walker 1992: 73).
Some sites found in these areas could also have scientific value. This is assessed
according to each particular site’s research or scientific potential to provide information
about past Aboriginal or wider Australian culture, the environment, or human behaviour
generally. According to the Burra Charter:
The scientific or research value of a place will depend upon the importance of the
data involved or its rarity, quality or representativeness and on the degree to
which the place may contribute further substantial information (Marquis-Kyle and
Walker 1992: 73).
While the scientific or research value of a place may vary, the Aboriginal community of
the Balranald region consider all Aboriginal archaeological sites to be significant. The
Aboriginal people of southwestern NSW have an ancient and unique traditional culture,
which is still very much alive today. These sites are important to the local Aboriginal
people, and others, because they are a link to their ancestral lands and help keep their
traditional culture alive.
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5 Environmental Context
The proposed gravel pits are located in dunefields and plains north of the Murrumbidgee
River approximately 100 km north of Balranald in southwestern New South Wales. The
Murrumbidgee River is a regulated permanent stream course with associated lakes and
wetland areas. This fluvio-lacustrine system lies within the Riverine Plain of the Murray
Basin. Climate is semi-arid, receiving approximately 300 mm of rainfall per annum
(Bureau of Meteorology 2016). The surface geology of the region is mostly aeolian
(wind-lain) sediments, while underlying sequences within the basin were deposited by
shallow seas and lakes over the past 60 million years (Brown and Stephenson 1991).
The proposed gravel pits occupy sandplain forms, which are low, undulating regions of
irregular sandy hummocks. The sandplains are vegetated by mosaics of Mallee
(Eucalyptus spp.) tall shrublands, Belah (Casuarina pauper) — Rosewood (Alectryon
oleifolius) — Wilga (Geijera parvifolia) low-open woodlands and Bluebush (Maireana
spp) low-open shrublands (Figures 5-8). The sandplains are part of the Hatfield and
Murululu land systems (Soil Conservation Service 1980, 1991). These land systems
comprise:
Hatfield land system (Pit B): extensive, slightly undulating sandplains with
isolated small depressions. Sandplains of calcareous, loamy to loamy sand red
earths and duplex soils with scattered clumps of Rosewood and Belah;
moderately dense stands of Black or Pearl Bluebush, abundant short grasses
and forbs. Areas of deeper sandy soils with scattered White Pine (Callitris
glaucophylla). and abundant short grasses and forbs. Depressions of grey clay
soils with Canegrass (Eragrostis australasica); rimmed by scalded duplex soils.
Murululu land system (Pits A and C): Slightly undulating, partially scalded
sandplains with areas of aligned dunes and isolated small depressions
Sandplains of calcareous, loamy to loamy sand red earths and duplex soils with
scattered clumps of Rosewood and Belah, scattered stands of Bluebush,
abundant short grasses and forbs. Dunes and rises of deeper loamy red earths
with Mallee and scattered Rosewood and Belah, abundant short grasses and
forbs dunes of deep brownish sands with clumped White Cypress Pine (Callitris
glaucophylla). Isolated depressions of grey clays with Canegrass (Eragrostis
australasica) or Nitre Goosefoot (Chenopodium nitrariaceum).
The environment of the project areas has been modified by past European land use
practices. This has mainly included low intensity cattle and sheep grazing and
installation of roads and other access tracks and fences. Gravel has previously been
removed for most of Pit B and part of Pit A.
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Figure 5. Proposed location of gravel Pit B.
Figure 6. Proposed location of gravel Pit A.
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Figure 7. Proposed location of gravel Pit A.
Figure 8. Proposed location of gravel Pit C.
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6 Aboriginal Cultural Heritage Context
6.1 Archaeological Record
Some of the earliest evidence of human occupation of Australia comes from
southwestern NSW (Bowler et al. 1970, 2003, Thorne 1975, Bowler 1998, Thorne et al.
1999, Cupper and Duncan 2006, Olley et al. 2006). Stone artefacts found at Lake
Mungo in the Willandra Lakes region, about 30 km to the northwest of the Nepean
project area, have been dated to between 46,000 to 50,000 years ago (Bowler et al.
2003). The burials of a male and female at Lake Mungo are 42,000 years old (Olley et al.
2006, cf. Thorne et al. 1999). These are the oldest Australian human remains, with
‘Mungo Man’ (Willandra Lakes Hominid 3) also providing the earliest human
mitochondrial DNA in the world (Adcock et al. 2001; cf. Cooper et al. 2001). Fossil
footprints of a group of people dating to 19,000-20,000 years ago at Lake Garnpung,
approximately 60 km northwest of the Atlas Campaspe Mineral Sands Project area, are
the largest set of Pleistocene (Ice Age) human footprints in the world (Webb et al.
2006).
All that remains at many of these archaeological sites are flakes of stone debris from the
making and resharpening of stone tools (Allen 1974, 1980, 1990, 1998, Johnston and
Clark 1998). These were made both at Aboriginal open habitation areas (campsites) or
special activity areas such as stone knapping sites. As well as being the sites of
manufacture and maintenance of stone implements, open habitation areas usually
contain evidence of domestic and other activities such as cooking and food preparation.
Campfires or oven hearths are common, marked by heat retaining stones or
hearthstones and charcoal. Organic remains consist of burnt animal bones, emu and
aquatic bird eggshell and freshwater mussel shell. Human burials are relatively
abundant in the lunettes (Thorne 1975, Webb 1989).
6.2 Ethnohistory
Aboriginal people of the Muthi Muthi language group occupied the study area at the time
of first contact with Europeans (Sturt 1833, 1984 [1844-6], Mitchell 1839, Eyre 1845,
1985 [1842], Becker 1979 [1860-61], Beckler 1993 [1860], Krefft 1865, Allen 1974,
Tindale 1974, Hardy 1976, Clark 1990, Martin 2001). This language is closely related to
neighbouring groups including the Barkindji and Ngiyampaa, and their speakers shared
many cultural similarities, particular kinship and totemic systems (Blows 1995, Howitt
1996).
The Muthi Muthi, Barkindji and Ngiyampaa were hunter-fisher-gatherers and appear to
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have had a semi-sedentary lifestyle. Early accounts by European observers suggest
that they lived near more permanent water sources such as along the stream courses
and lakes of the Darling, Murray, Murrumbidgee and Lachlan Rivers during the warmest
months of the year, with people moving into the dunefields to collect food after winter
rains (Allen 1974).
6.3 Types of Cultural Heritage Sites
Based on the results and analytical conclusions of previous archaeological surveys in
similar landscape contexts in the Balranald region and wider southwestern NSW it is
possible to predict the types and topographic contexts of Aboriginal cultural heritage
sites in the Atlas Campaspe Mineral Sands Project area. The occurrence and survival
of archaeological sites is, however, dependent on many factors including
micro-topography and the degree of land surface disturbance.
The types of Aboriginal cultural heritage site previously recorded in the Balranald region
and wider southwestern NSW are described below.
6.3.1 Stone Artefact Scatters
Scatters of stone artefacts exposed at the ground surface are one of the most commonly
occurring types of archaeological site in the region (Hope 1982). The remains of fire
hearths may also be associated with the artefacts. In rare instances, sites that were
used over a long period of time may accumulate sediments and become stratified. That
is, there may be several layers of occupation buried one on top of another.
Stone artefact scatters are almost invariably located near permanent or semi-permanent
water sources. Local topography is also important in that open campsites tend to occur
on level, well-drained ground elevated above the local water source. In southwestern
NSW they are commonly located around the margins of lakes and swamps, on river
terraces, along creek-lines and also on claypans.
6.3.2 Hearths
Hearths consist of lumps of burnt clay or stone cobble hearthstones. Sometimes ash
and charcoal are preserved. Other materials found in hearths include animal bone,
freshwater mussel shell, emu eggshell and stone artefacts. Hearths probably represent
the remains of cooking ovens, similar to those described in ethnographic accounts by
Surveyor-General of NSW Major Thomas Livingstone Mitchell (1839) and early settler
Peter Beveridge (1869, 1886) (see also Coutts et al. 1979). These were lined with baked
clay nodules and stone cobbles, possibly to retain heat. Hearths may be isolated or
occur in clusters and may be associated with open campsites or middens. They are
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often located in dune swales, particularly on claypans, near soaks and on floodplain
terraces.
6.3.3 Freshwater Shell Middens
Shell middens are deposits of shell and other food remains accumulated by Aboriginal
people as food refuse. In inland NSW these middens typically comprise shells of the
freshwater lacustrine mussel Velesunio ambiguus or the freshwater riverine mussel
Alathyria jacksoni. Freshwater middens are most frequently found as thin layers or small
patches of shell and often contain stone or bone artefacts and evidence of cooking.
Such sites are relatively abundant along the Murrumbidgee River and the other river
systems and associated wetlands of southwestern NSW.
6.3.4 Earth Mounds
Earth mounds may have been used by Aboriginal people as cooking ovens or as
campsites. They are common in southwestern NSW. Originally they appear to have
ranged from 3 to 35 metres in diameter and from 0.5 to 2 metres in height. Today,
however, they may be difficult to recognize because of the effects of ploughing, grazing
and burrowing rabbits. Earth oven material, stone artefacts, food refuse and the remains
of hut foundations have been exposed in excavated earth mounds.
6.3.5 Quarry Sites
Quarries are locations where Aboriginal people obtained raw material for their stone
tools or ochre for their art and decoration. Materials commonly used for making flaked
stone tools include chert, silcrete, quartz and quartzite. Stone sources within the
Willandra Lakes region include silcrete outcrops on the floors and western shorelines of
Lakes Mungo, Chibnalwood and Leaghur (Bowler et al. 1970, Allen 1990, 1998,
Johnston and Clark 1998). Palaeozoic bedrock of the Manfred, Manara and Darnick
Ranges to the north of the West Balranald and Nepean Project areas has also been
quarried.
6.3.6 Modified Trees
Slabs of bark were cut from trees by Aboriginal people and used for a variety of
purposes including roofing shelters and constructing canoes, shields and containers
(Edwards 1972). Scars also resulted from the cutting of toeholds for climbing trees to
obtain honey or to capture animals such as possums. In southwestern NSW region
River Red Gums and Black Box are the most commonly scarred species. The
classification of scarred trees as natural, European or Aboriginal is often problematic.
However, if the scar is Aboriginal the tree must now be more than ~150 years old.
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6.3.7 Stone Arrangements, Ceremonial Rings and Ceremony and Dreaming
Sites
Stone arrangements range from cairns or piles of rock to more elaborate arrangements
such as stone circles or standing slabs of rock held upright by stones around the base.
Some stone arrangements were used in ceremonial activities whilst others may
represent sacred or totemic sites. Other features associated with the spiritual aspects of
Aboriginal life are those now called ‘ceremony and dreaming’ sites. These can be either
stone arrangements or natural features such as rock outcrops, which may be associated
with initiation ceremonies or the activities of ancestral creators.
6.3.8 Burials
Aboriginal burial grounds may consist of a single interment or a suite of burials. Burials
tend to be in areas of sandy soil that were easy to dig and above floodwaters. Burials
are frequently located in source-bordering sand dunes, sand ridges, lunettes and
levees along watercourses (Webb 1989, Bonhomme 1990, Hope 1993, Littleton 1999).
Knowledge of Aboriginal burial grounds is best sought from local Aboriginal
communities.
6.4 Aboriginal Sites in the Project Area
According to the Office of Environment and Heritage’s Aboriginal Heritage Information
Management System (AHIMS), accessed on 3 November 2016 (AHIMS search
numbers 252504; Appendix 1), no Aboriginal cultural heritage places or objects have
been located previously at any of the proposed gravel pits or their surrounds (within at
least 5-10 km). This is probably largely due to patchy past archaeological survey
coverage but may also partly reflect an absence of reliable water sources in the
sandplains of the study area.
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7 Project Design and Survey Methodology
In accordance with standard archaeological practice and the Code of Practice for
Archaeological Investigation of Aboriginal Objects in New South Wales (DECCW
2010b) a project design and survey methodology was prepared as a key component of
the cultural heritage due diligence assessment.
7.1 Site Predictive Model
Previous archaeological studies indicate that the most frequently recorded Aboriginal
cultural heritage places in the Balranald region and wider southwestern NSW are stone
artefact scatters, hearths, shell middens and burials (Bowler et al. 1970, Allen 1974,
1980, 1990, 1998, Johnston and Clark 1998). Other site types include stone sources,
culturally modified trees and stone arrangements. Based on these observations of
archaeological site types and their distribution and landscape setting, the following
predictive model of Aboriginal cultural heritage site locations for the proposed gravel
pits can be proposed. A summary of the predictive model is presented in Table 1.
Past Aboriginal occupation of the Balranald region and wider southwestern NSW would
have focussed on the area’s lakes and other wetlands because these areas offered a
rich resource zone in an otherwise arid landscape. Consequently, most archaeological
sites can be expected adjacent to freshwater sources. Although Aboriginal people
would have regularly journeyed into the poorly watered hinterland to collect plants, hunt
animals and exploit mineral resources, these areas including the West Balranald and
Nepean project areas have a much lower probability of containing Aboriginal cultural
heritage places and objects than the riverine and lacustrine environs of the
Murrumbidgee River.
Based on observations of archaeological sites and their distribution and landscape
setting, the following predictive model of site types and locations within the proposed
gravel pits can be proposed:
Stone artefact scatters, hearth sites and isolated finds of stone artefacts or
hearthstones have the potential to occur within the proposed gravel pits. The
density of these types of sites is predicted to be low, given the absence of nearby
permanent sources of water. Open occupation sites are typically found within 500 m
of water sources, so such sites are most likely to be encountered on level ground
adjacent to relict lake basins and claypans that may intermittently retain surface
water following rain. These landforms occur to south of the proposed gravel pits.
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Stone quarry sites have the potential to occur at the proposed gravel pits, as
silcrete stone sources have already been recorded at the nearby Willandra Lakes.
Silcrete outcrops noted elsewhere in southwestern NSW often occur at topographic
low points in the landscape such as dry lakebeds (e.g. Bowler et al. 1970, Allen
1990, 1998, Johnston and Clark 1998, Cupper 2007).
Scars made by Aboriginal people have the potential to occur on any mature
Black Box trees, which sometimes grow around claypans within the sandplains of
southwestern NSW. River red gum trees, the other taxa typically scarred by
Aboriginal people in the region, definitely will not occur at the proposed gravel pits.
The chance of encountering shell middens is predicted to be low, as they are
usually found near permanent water sources, as are burial sites. Source-bordering
dunes and lunettes adjacent to rivers and lakes are the landforms most likely to
contain human skeletal remains.
Although stone arrangements have been recorded in southwestern NSW, they are
not common and are considered unlikely to be encountered at the proposed gravel
pits. Stone arrangements tend to occur on level ground, often on elevated
landforms such as floodplain terraces.
It should be noted that while predictive studies such as this can be expected to identify
areas in which sites associated with economic or subsistence activities may be present,
notably open habitation areas, other sites may fall outside such a predictive framework.
For example, places associated with spiritual aspects of traditional Aboriginal society
such as ceremony and dreaming sites are often located at topographically distinct or
unique features, which cannot be identified from an examination of maps or other
records. For this reason it is essential that local Aboriginal communities be consulted so
that sites of significance to them can be identified.
Table 1. Probability of encountering Aboriginal cultural heritage within the gravel pits.
Site type Scarred trees
Stone artefacts
Shell Middens
Stone quarries
Hearths Burials
Probability Low Moderate Negligible Low Moderate Negligible
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7.2 Field Methodology
7.2.1 Logistics
Fieldwork was undertaken on 12 November 2016 by archaeologist Dr Matt Cupper with
the assistance of the Muthi Muthi Nation Aboriginal Corporation representatives Ryan
Kelly and Tara Bruton.
7.2.2 Survey Methods
The area surveyed was based on maps provided by Cristal Mining prior to the survey.
The methods employed were consistent with standard archaeological practice and
OEH’s Guide to Investigating, Assessing and Reporting on Aboriginal Cultural Heritage
in New South Wales (OEH 2011) and Code of Practice for Archaeological Investigation
of Aboriginal Objects in New South Wales (DECCW 2010).
The archaeologist and Aboriginal representatives examined the ground surface of the
proposed work areas for archaeological traces such as stone artefacts, hearths, heat
retainers, shells and mounds, and also mature trees for evidence of Aboriginal scarring
(Figures 9 and 10). The proposed activity areas were inspected with a pedestrian
survey whereby the team members walked across the areas in a series of transects.
Transects were distributed evenly over the proposed work areas and approximately
10 m apart. Due to the openness of the landscape it was possible to identify likely site
locations from at least 10 m and deviate from the transects to make closer inspections.
Particular attention was paid to areas with high ground surface visibility such as in
scalds and deflation hollows and along graded fencelines and vehicle tracks. Surface
visibility was particularly high across the study area due to wind, water, vehicular and
stock erosion.
7.3 Survey Coverage Data
7.3.1 Conditions of Visibility
Conditions of ground surface visibility will affect how many sites are located. Visibility
may also skew the results of a survey. If, for example, conditions of ground surface
visibility vary dramatically between different environments, then this in turn will be
reflected in the numbers of sites reported for each area. The area with the best visibility
may be reported as having the most sites (because they are visible on the ground) while
another area with less visibility but perhaps more sites will be reported as having very
little occupation. It is important therefore to consider the nature of ground surface
visibility as part of any archaeological investigation.
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Figure 9. Survey team members inspecting proposed gravel Pit B.
Figure 10. Team members inspecting proposed gravel Pit A.
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Figure 11. Proposed gravel Pit B showing the excellent surface visibility conditions.
Figure 12. Proposed gravel Pit A showing the excellent surface visibility conditions.
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Conditions of ground surface visibility were typically around 80 % (Table 2, Figures 11
and 12). These excellent conditions of visibility were mainly due to the fact that the
ground surface was widely exposed by erosion by scalding and stock and vehicular
traffic and grass and herbaceous plant growth was sparse.
Table 2. Visibility conditions of the proposed work areas.
Land System Work Areas
Landforms Vegetation Visibility (%)
Exposures
1 Hatfield Pit B Sandplain Mallee, Belah, Rosewood, Wilga, White Cypress Pine
80 Vehicle tracks, graded fencelines, scalds, animal tracks, gullies, deflation hollows
2 Mulurulu Pit A Pit B
Sandplain Mallee, Belah, Rosewood
80 Vehicle tracks, graded fencelines, scalds, animal tracks, gullies, deflation hollows
7.3.2 Coverage Analysis
Coverage analysis is a useful measurement to allow cultural resource managers to
assess surveys from adjacent areas and it also allows some meaningful calculation of
the actual sample size surveyed. The actual or effective area surveyed by a study
depends on the conditions of ground surface visibility. Conditions of surface visibility are
affected by vegetation cover, geomorphic processes such as sedimentation and erosion
rates and the abundance of natural rock that may obscure the remains of cultural
activities.
Approximately 14 % of the surface areas of the proposed work areas were inspected on
foot, with an effective coverage of 11 % (Table 3). This is a high coverage and was due
to the excellent conditions of surface visibility.
Table 3. Effective coverage of the proposed work areas.
Land System
Work Areas
Area Visibility Coverage Effective coverage
(ha) (%) (ha) (% area)
(ha) (%)
1 Hatfield Pit B 4.0 80 1.0 25 0.8 20 2 Mulurulu Pit A
Pit C 104.5 80 14.4 14 11.5 11
Total 108.5 15.4 14 12.3 11
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8 Results and Discussion
One Aboriginal cultural object, an isolated find of a stone artefact (AHIMS site number
40-5-0180) was identified in Pit C (Table 4; Figures 13 and 14). This is a broken
fragment of a sandstone grindstone measuring 72 x 50 x 15 mm. A summary
description of this feature is contained in Table 4 and mapped in Figure 15.
Table 4. Summary data of Aboriginal cultural heritage place in proposed gravel Pit C.
AHIMS Site Number
Site Name
GDA94 Zone 54 (mE)
GDA94 Zone 54 (mN)
Site size (m)
Landform Contents
40-5-0180 Iona Artefact 1
723522 6241165 na Sandplain Broken fragment of a sandstone grindstone
This cultural heritage site is very small with a low diversity of Aboriginal objects (n=1),
non-stratified, and well represented in the region, so has a low significance. It however
has higher cultural importance to the Muthi Muthi Aboriginal community as it is tangible
evidence of past use of the study area by their ancestors.
The general dearth of Aboriginal cultural heritage sites in the proposed gravel pits is
attributable to the fact that they are not near any natural drainage lines or depressions,
which tended to be the focus of past Aboriginal occupation. Moreover, archaeological
surveys for small developments only rarely encounter Aboriginal cultural heritage sites.
Scarred trees were not identified because of the absence of suitable trees. Quarry sites
are also definitely not represented in the study area as rock outcrop is lacking.
Landforms such as lunettes or source-bordering sand dunes that might contain sensitive
sub-surface cultural material such as burials do not occur in the proposed gravel pits.
The proposed gravel pits are sited in areas where there is low risk to any identified
cultural heritage if the management requirements detailed in Section 8 are implemented
and the potential for uncovering any previously unidentified cultural heritage is also very
low to negligible.
Cristal Mining must avoid harm to AHIMS site number 40-5-0180. It is recommended
that a 20 m exclusion buffer be established around the Aboriginal object (i.e. a 20 m
radius buffer around the perimeter of the Aboriginal object; Figure 15). The exclusion
zone must be appropriately fenced with a permanent barrier. Employees, contractors
and visitors must be instructed not to enter the area except for approved land
management activities such as weed spraying, fence maintenance, etc.
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Figure 13. Aboriginal object AHIMS site number 40-5-0180.
Figure 14. Aboriginal object AHIMS site number 40-5-0180.
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Figure 15. Location of AHIMS site number 40-5-0180 in proposed gravel Pit C.
N S
EW
025
0
Met
res
AH
IMS
site
num
ber
40-5
-018
0
Pit C
Excl
usio
n Zo
ne
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9 Recommendations
Based on the results of this cultural heritage due diligence assessment and consultation
with representatives of the RAPs it is concluded that:
The proposed gravel extraction be allowed to proceed because the activity can be
modified so harm to cultural heritage is avoided;
Harm to Aboriginal object AHIMS site number 40-5-0180 in proposed gravel Pit C
must be avoided by establishing a 20 m exclusion zone (i.e. a 20 m radius buffer
around the perimeter of Aboriginal object). The exclusion zone must be
appropriately fenced with a permanent barrier. Employees, contractors and visitors
must be instructed not to enter the area except for approved land management
activities such as weed spraying, fence maintenance, etc.;
If any previously unidentified Aboriginal cultural heritage places or objects are
encountered during the course of the proposed gravel extraction all activities likely
to affect the material shall cease immediately and the Office of Environment and
Heritage’s Environmental Line (tel: 131 555) consulted about an appropriate course
of action prior to recommencement of work. It can be an offence under the relevant
legislation to disturb or destroy Aboriginal cultural heritage objects without a valid
Aboriginal Heritage Impact Permit;
If human skeletal remains are encountered during the course of the proposed works
all activities in that area must cease. Remains must not be handled or otherwise
disturbed except to prevent further disturbance. If the remains are thought to be less
than 100 years old the Police or the State Coroners Office (tel: 02 9552 4066) must
be notified. If there is reason to suspect that the skeletal remains are more than 100
years old and Aboriginal, the proponent should contact the Office of Environment
and Heritage’s Environmental Line (tel: 131 555) for advice; and,
Cristal Mining should continue to involve representatives of the RAPs in the project.
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Appendix 1 NSW OEH Aboriginal Heritage Information Management System Search Results
AHIMS Web Services (AWS)Search Result Purchase Order/Reference : Balranald
Client Service ID : 252504
Date: 03 November 2016LandSkape - Natural & Cultural Heritage Management
P O Box 246
Merbein Victoria 3505
Dear Sir or Madam:
AHIMS Web Service search for the following area at Lat, Long From : -33.9769, 143.3474 - Lat, Long To :
-33.8101, 143.6118 with a Buffer of 50 meters, conducted by Matt Cupper on 03 November 2016.
Email: [email protected]
Attention: Matt Cupper
The context area of your search is shown in the map below. Please note that the map does not accurately
display the exact boundaries of the search as defined in the paragraph above. The map is to be used for
general reference purposes only.
A search of the Office of the Environment and Heritage AHIMS Web Services (Aboriginal Heritage Information
Management System) has shown that:
0
0
Aboriginal sites are recorded in or near the above location.
Aboriginal places have been declared in or near the above location. *