CLARKEOLOGY 30 Steddy Road Lethbridge VIC 3332 Ph

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1 CLARKEOLOGY 30 Steddy Road Lethbridge VIC 3332 Ph ABN th September 2015 Mr Tony Belcher Strategic Projects Co-ordinator Barwon Water Ryrie Street, Geelong VIC 3220 Phone: Mobile: Dear Sir, ABORIGINAL HERITAGE ADVICE FOR PROPOSED MULTI-LOT SUBDIVISION OF NEWCOMBE STREET AND ELGIN STREET, DRYSDALE You have sought my advice on planning matters arising from Aboriginal heritage legislation in relation to the proposed multi-lot subdivision of Newcombe Street and Elgin Street, Drysdale. In considering this matter, I have carried out background research, reviewed the material held in the Victorian Aboriginal Heritage Register and considered the possible implications of the Aboriginal Heritage Regulations The summary of my findings is that there are no statutory impediments from Aboriginal heritage legislation to planning approvals being granted in relation to the proposed multi-lot subdivision. No Aboriginal heritage permits are required and there is no statutory requirement for a cultural heritage management plan to be prepared. Qualification to provide expert advice I am a qualified Aboriginal heritage advisor, and am recognised as such by Aboriginal Affairs Victoria, the State Government agency overseeing Aboriginal heritage matters in this State. I hold a Bachelors degree (Botany and Geology), Graduate Diploma in Maritime Archaeology and a Graduate Diploma in Humanities (Aboriginal Archaeology). Formerly a staff archaeologist and Site Registrar with the State Government agency Victoria Archaeological Survey ( ), I have been working as a consultant archaeologist/ heritage advisor in Victoria for the past 25 years. Apart from my expertise in Aboriginal archaeology and Aboriginal heritage management, my tertiary studies and practical experience include Aboriginal and colonial history research, geomorphology, soil science and plant physiology.

2 Location and proposed activity The properties of Newcombe Street and Elgin Street are located on the southern side of Drysdale township in an area of on-going urban residential development (see map below). The properties have a combined area of approximately 8200 m 2. Lake Lorne is 780 metres to the west of the property. An un-named drainage line runs across the southern end of both properties (see map on page 3) although there is no visible channel on either property. A planning permit is being sought for multi-lot subdivision of the two properties. A plan of subdivision has yet to be prepared. Map Centre - Melways 456 J Newcombe Street and Elgin Street Legend Newcombe Street Elgin Street Newcombe Street Drysdale Elgin Street Drysdale m. Copyright State Government of Victoria. Service provided by Disclaimer: This map is a snapshot generated from Victorian Government data. This material may be of assistance to you but the State of Victoria does not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for error, loss or damage which may arise from reliance upon it. All persons accessing this information should make appropriate enquiries to assess the currency of data. Map Scale 1:1,990 September 2, :33:12 PM Map showing the location of Newcombe Street and Elgin Street, Drysdale (blue polygons, arrowed). Aboriginal Heritage Regulations 2007 The Aboriginal Heritage Regulations 2007 list a number of criteria to define areas that may be areas of cultural heritage sensitivity 1. Under the Regulations the area within 200 metres of a named waterway is an area of cultural heritage sensitivity (Reg. 23 (1), Reg. 4) unless it has been subject to significant ground disturbance 2 (Reg 23 (2)). The drainage line that crosses 1 Areas of cultural heritage sensitivity are essentially areas where Aboriginal heritage material (sites, artefacts etc) is considered more likely to occur. These areas are defined in the Aboriginal Heritage Regulations 2007 (Regulations 22 to 38 inclusive) and include areas within 200 metres of a named waterway, areas within 50 metres of a recorded Aboriginal place, etc. 2 Significant ground disturbance is defined in the Aboriginal Heritage Regulations 2007 as disturbance of the topsoil or surface rock layer by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping. 2

3 the southern end of Newcombe Street and Elgin Street is not a waterway as defined in the Regulations as it is not a named waterway. Accordingly the areas within 200 metres of this drainage line are not areas of cultural heritage sensitivity under the Aboriginal Heritage Regulations The map below is taken from the Department of Economic Development, Jobs, Transport and Resources Geovic mapping system. As can be seen, there are no green-shaded areas of cultural heritage sensitivity on the properties at Newcombe Street and Elgin Street. The two areas of lighter green hatching to the east of the property are areas of previous archaeological surveys. No Aboriginal places were located by either survey (see discussion below). Department of Economic Development, Jobs, Transport and Resources Newcombe Street Drysdale Legend Un-named drainage line Areas of previous archaeological survey: note these are not areas of cultural heritage sensitivity Elgin Street Drysdale Newcombe Street Drysdale Disclaimer: This map is a snapshot generated from Victoria Government data. This material may be of assistance to you but the State of Victoria does not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for error, loss or damage which may arise from reliance upon it. All persons accessing this information should make appropriate enquiries to assess the currency of the data. Map Scale: 1:5,473 Projection: MGA 55 Generated from GeoVic 3 Map Created Tue Mar :35:35 GMT+1100 (EST) Map from the Department of Economic Development, Jobs, Transport and Resources Geovic website, showing Newcombe Street and Elgin Street, Drysdale (purple polygons, arrowed). Note there is no green-shaded area of cultural heritage sensitivity associated with the un-named drainage line crossing the two properties. There are no areas of cultural heritage sensitivity on Newcombe Street or Elgin Street. Victorian Aboriginal Heritage Register and previous investigations I have considered data held in the Victorian Aboriginal Heritage Register and examined previous archaeological investigations for the region. There have been three previous archaeological investigations conducted within 400 metres of the two properties (see map page 4). The closest study was for a proposed subdivision on the eastern border of Elgin Street, with another investigation 35 metres to the south. Together the two surveys covered 4.4 hectares of land which included areas on both sides of the unnamed drainage line that crosses the southern end of the Newcombe Street and Elgin Street properties. No Aboriginal heritage material was located. To 3

4 the northwest of Newcombe Street and Elgin Street a survey and subsurface investigations were carried out for road sealing and maintenance activities. No new Aboriginal places were recorded, although additional stone artefacts were found in association with a previously recorded site (VAHR ). Previous archaeological investigations discussed Newcombe Street, Drysdale N Elgin Street, Drysdale Map from the Office of Aboriginal Affairs ACHRIS system, showing the locations of Newcombe Street and Elgin Street, Drysdale, in relation to previous archaeological surveys (areas of yellow shading, arrowed) that are discussed on page 3. VAHR at the top of the map is the nearest recorded Aboriginal place to the Newcombe Street and Elgin Street properties. Recorded Aboriginal Places There are no recorded Aboriginal heritage places within 400 metres of the properties at Newcombe Street or Elgin Street, Drysdale. The nearest recorded Aboriginal places are approximately 415 metres to the northwest: a stone artefact scatter (VAHR No , noted above) and two stone artefacts (VAHR No and ). These Aboriginal places will clearly not be impacted upon by the proposed subdivision of Newcombe Street and Elgin Street. Accordingly no Aboriginal heritage permits are required in relation to these sites. 4

5 Aboriginal Heritage Regulations 2007 as they apply to the proposed multi-lot subdivision Under the Regulations, there are two triggers, which if activated, require an Aboriginal Cultural Heritage Management Plan to be prepared and approved prior to statutory authorisations being granted. These triggers are: a) that the proposed activity is defined as a high impact activity and b) that the proposed activity is in a defined area of cultural heritage sensitivity which has not been subject to significant ground disturbance. Considering the first trigger (a), under Regulation 46 (1) of the Aboriginal Heritage Regulations 2007, the proposed multi-lot subdivision of Newcombe Street and Elgin Street is a high impact activity. The first trigger is activated. Considering the second trigger (b) above, under the Aboriginal Heritage Regulations 2007 the properties at Newcombe Street and Elgin Street, Drysdale, are not in an area of cultural heritage sensitivity. The second trigger is not activated. As only one of the two required triggers is activated, there can be no statutory requirement for an Aboriginal cultural heritage management plan to be prepared prior to statutory approvals being granted for the proposed multi-lot subdivision of Newcombe Street and Elgin Street, Drysdale. Role of the Registered Aboriginal Party for the area There is no statutory role for the Registered Aboriginal Party (the Wathaurung Aboriginal Corporation) on this project because there is no requirement for an Aboriginal cultural heritage management plan to be prepared. Comments/Recommendations 1. On the basis of my consideration of the data within the Victorian Aboriginal Heritage Register and consideration of the implications of the Aboriginal Heritage Act 2006 and the Aboriginal Heritage Regulations 2007, it is clear that there are no statutory impediments from Aboriginal cultural heritage that would prevent statutory approvals being issued for the proposed multi-lot subdivision of Newcombe Street and Elgin Street, Drysdale. 2. There is no statutory requirement for a cultural heritage management plan to be prepared in relation to the proposed multi-lot subdivision of Newcombe Street and Elgin Street, Drysdale. 3. In relation to recorded Aboriginal places, no permits are required: there are no recorded Aboriginal places on the properties. 5

6 4. As there is no requirement for a cultural heritage management plan, the Registered Aboriginal Party for the area has no statutory role in relation to this project. 5. Although the risk of human remains being present on the two properties is extremely low, if human remains are discovered during works, the excavation/construction contractors, their agents or subcontractors involved in this project should be made aware of their legal obligation to report the discovery of human remains to the State Coroner's Office 3 Coronial Admissions and Enquiries on ), and of the appropriate procedures to be followed in such circumstances. These include: that work should cease in the vicinity of where the remains were observed and machinery be moved well clear (leave a metre buffer) that the remains should be safeguarded from further disturbance that the project archaeologist should be notified without delay (Nicholas Clark ) that the police or Coroners Office (Coronial Admissions and Enquiries on ) should be notified of the discovery without delay. If you require further information on this or other projects, please contact me any time by phone ( ) or to clarkeology@bigpond.com Yours sincerely Nicholas Clark 3 The majority of human remains found in Victoria are associated with crime scenes which is why there is mandatory reporting to the Police or the Coroner. In a very small proportion of cases, the human remains are from Aboriginal burials. 6