Aboriginal and European Cultural Heritage Assessment For Bass Point Quarry

Prepared by: Prepared for:

RPS Harper Somers O’Sullivan Pty Ltd Hanson Construction Materials 241 Denison Street, 7 Marklea Close Broadmeadow NSW 2292 PO Box 428, HAMILTON NSW 2303 Wyong NSW 2259

T: 612 4961 6500 F: 612 4961 6794 E: [email protected] W: www.rpshso.com.au

Job No: 26135 Date: 30 March 2010

RPS Harper Somers O’Sullivan Pty Ltd (ABN 11 093 343 858) Aboriginal Cultural Heritage Assessment for Bass Point Quarry

Document Status

Review Format Issue Version Purpose of Document Orig Review Approval Date Review Date Draft A Draft for Client Review LN DR 15.10.09 JH 22-10-09 D Rigby 22-10-09 Final Final report LN DR D Rigby 30-03-10

Disclaimers

This document is and shall remain the property of RPS Harper Somers O’Sullivan Pty Ltd. The document may only be used for the purposes for which it was commissioned and in accordance with the Terms of Engagement for the commission. Unauthorised copying or use of this document in any form whatsoever is prohibited.

26135, Final Report, 30 March 2010 DOCUMENT STATUS / DISCLAIMER

Aboriginal Cultural Heritage Assessment for Bass Point Quarry

EXECUTIVE SUMMARY

RPS Harper Somers O’Sullivan (RPS HSO) has been commissioned by Insite Planning on behalf of Hanson Construction Materials to undertake an Aboriginal and European Heritage Impact Assessment over an area proposed for an extension of the existing Bass Point Quarry. The Bass Point project is considered a major project under Part 3A of the Environmental Planning and Assessment Act (EP&A 1979).

Bass Point Quarry including the study area is to the south east of the town of Shellharbour and comprises a landward portion of the Bass Point peninsular. The 157 hectares, Lot 22 DP 1010797, includes the existing quarry and the proposed extension areas.

Areas of Bass Point have been used as blue metal quarry since the 1850’s with the current operations dating from around the mid twentieth century. The current proposal is for an extension of the quarry life by utilising those areas on the immediate perimeter of the current operations, and by deepening the approved excavation depth.

The requirements of the Department of Environment Climate Change and Water (DECCW) Interim Community Consultation Guidelines were adhered to with a representative of Illawarra Local Aboriginal Land Council participating in the survey.

This Assessment which included both Aboriginal and European cultural heritage was preceded by a review of relevant survey reports and documents and a search of the Aboriginal Heritage Information System database for registered sites. Previous survey of the Bass Point area, outside the quarry precinct had recorded a substantial number of shell middens. Excavation and dating at one of these middens had revealed a significant site with evidence of human occupation 17,500 BP. One previously recorded midden site (52-5-0144) on the north-east boundary of the quarry was noted for inspection.

A pedestrian and vehicle survey of the study area was undertaken on 7 October 2009. The area was found to be highly disturbed demonstrated by overburden, uneven land surface and invasive weeds. The area indicated as the midden site (52-5-0144) was found to have a quarry road and areas of overburden. It is considered that this site is most likely further east of the quarry in the neighbouring Bass Point Reserve. This is further supported by the midden site being recorded as part of a management strategy for the Bass Point Reserve.

No Aboriginal cultural heritage sites were located within the study area. One midden was recorded outside the study area on a south east facing point. This was recorded as per DECCW requirements.

One European Cultural Heritage site was noted. This was a remnant dry stone wall in the southern sector of the study area. The wall masked by vegetation at the northern and southern extents would be no more than 100 metres long. A section of the wall had been

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removed previously during the construction of a vehicle track. The stone capping had been also been removed affecting the structural integrity of the wall.

It is recommended that the works may proceed with regard the following:

ABORIGINAL CULTURAL HERITAGE

Recommendation 1 Liaison established with the registered Aboriginal stakeholders and other interested parties as per the DECCW Interim Community Consultation Guidelines for Applicants (2004) during this project should be maintained until the report is adopted. The Community Response is at Appendix 6.

No Aboriginal cultural heritage sites were located during the survey of the study area however in general during the course of construction work:

Recommendation 2 If it is suspected Aboriginal cultural heritage material has been encountered, work should cease immediately. The Department of Environment, Climate Change and Water (DECCW) and the Illawarra Local Aboriginal Land Council should be notified. Works should only recommence when an appropriate and approved management strategy has been agreed to by all of the relevant stakeholders.

Recommendation 3 In the event that skeletal remains are uncovered whilst operations are underway, work is to stop in the vicinity immediately and the NSW Coroner’s Office and NSW Police contacted. If skeletal remains are deemed to be of Aboriginal origin, a representative of the local Aboriginal Community (ILALC) and the DECCW are to be contacted.

EUROPEAN CULTURAL HERITAGE

One European cultural heritage site, a dry stone wall was located. If the wall is to be adversely affected it is recommended that:

Recommendation 4 Before removal the dry stone wall should be recorded. This would include archival standard photography, measurement and spatial location.

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TABLE OF CONTENTS Page

EXECUTIVE SUMMARY ...... i

1.0 INTRODUCTION ...... 1

1.1 The Study Area ...... 1

1.2 Background ...... 1

1.3 Legislative Context ...... 3 1.3.1 The National Parks and Wildlife Act (1974) ...... 3 1.3.2 The Heritage Act (1977) ...... 4 1.3.3 Environmental Planning & Assessment Act 1979 (EP&A ACT) ...... 4

1.4 Aboriginal Community Consultation ...... 4

1.5 Scope of Assessment ...... 5

1.6 Limitations ...... 5

1.7 Terms and Definitions ...... 6

1.8 Authorship ...... 6

1.9 Acknowledgements ...... 6

2.0 ENVIRONMENTAL CONTEXT ...... 7

2.1 Geology and Soils ...... 7

2.2 Topography and Hydrology ...... 7

2.3 Climate ...... 7

2.4 Flora and Fauna ...... 8

2.5 Condition of the Study Area ...... 9

2.6 Discussion ...... 9

3.0 ABORIGINAL HISTORY ...... 10

3.1 The Traditional Owners ...... 10 3.1.1 Implements for Gathering Food and Weapons ...... 10 3.1.2 Foods and Useful Plants ...... 11 3.1.3 Campsites and Shelters ...... 11

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3.1.4 Clothing ...... 11

3.2 Aboriginal History after European Contact ...... 11

4.0 EUROPEAN HISTORY ...... 13

4.1 Bass Point Quarry ...... 13

4.2 European Cultural Heritage ...... 14 4.2.1 Registered Historic Items ...... 14 4.2.1.1 Items Listed under the NSW Heritage Act ...... 14 4.2.1.2 Shellharbour City Council Local Environment Plan (LEP) ...... 14

5.0 ARCHAEOLOGICAL CONTEXT ...... 15

5.1 Regional Archaeological Context ...... 15

5.2 Local Archaeological Context ...... 17

5.3 Aboriginal Heritage Information Management System ...... 22

5.4 Site Types summary ...... 23

6.0 PREDICTIVE MODEL ...... 25

6.1 Predictive Modelling ...... 25

6.2 Site Predictions ...... 25 6.2.1 Site Types and Location ...... 25 6.2.2 Study Area Aspect ...... 26 6.2.3 Slope ...... 26 6.2.4 Distance from Water ...... 26 6.2.5 Food ...... 27 6.2.6 Summary ...... 27

6.3 Predictive Model for European Heritage in the Study Area ...... 27

7.0 FIELD SURVEY ...... 28

7.1 Methodology ...... 28

7.2 Survey Coverage ...... 28 7.2.1 Survey Unit 1 ...... 30 7.2.2 Survey Unit 2 ...... 30 7.2.3 Survey Unit 3 ...... 31 7.2.4 Survey Unit 4 ...... 31

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7.2.5 Survey Unit 5 ...... 31 7.2.6 Survey Unit 6 ...... 32 7.2.7 Survey Unit 7 ...... 32

7.3 Survey Results – Aboriginal Cultural Heritage ...... 32

7.4 Survey Results – European Historic ...... 32

8.0 ARCHAEOLOGICAL POTENTIAL ...... 33

8.1 Aboriginal Cultural Heritage ...... 33

8.2 European Cultural Heritage ...... 34

9.0 DISCUSSION ...... 36

9.1 Aboriginal Cultural Heritage ...... 36

9.2 European Cultural Heritage ...... 36

10.0 ARCHAEOLOGICAL SIGNIFICANCE ASSESSMENT ...... 37

10.1 Archaeological Significance ...... 37

10.2 Cultural Significance ...... 39

10.3 European Historic Significance Assessment ...... 39

11.0 IMPACT ASSESSMENT ...... 41

11.1 Impact Assessment for the Proposed Development ...... 41

12.0 RECOMMENDATIONS ...... 42

12.1 Aboriginal Community Consultation ...... 42

12.2 Aboriginal Archaeological Management ...... 42

12.3 European Heritage ...... 42

13.0 REFERENCES ...... 43

14.0 PLATES ...... 46

TABLES Page

Table 5-1: AHIMS site type and frequency ...... 23

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FIGURES Page

Figure 1-1: Location of the study area ...... 2

Figure 5-1: Location of AHIMS recorded Aboriginal cultural heritage sites ...... 24

Figure 7-1: Survey Units ...... 29

Figure 8-1: Areas of Aboriginal Archaeological Potential ...... 35

PLATES

Plate 1: Survey Unit 1 – reported location of site (52-5-0144) with view east toward Bass Point Reserve ...... 46

Plate 2: Survey Unit 1 - looking north along study area toward quarry infrastructure...... 46

Plate 3: Survey Unit 2 – looking south east across disturbed area...... 47

Plate 4: Survey Unit 2 – ground surface...... 47

Plate 5: Survey Unit 2 – small midden outside study area...... 48

Plate 6: Survey Unit 3 – looking east along track drainage line visible in foreground...... 48

Plate 7: Survey Unit 3 - embankment displaying surface visibility...... 49

Plate 8: Survey Unit 3 – Looking east with stone wall visible in foreground and cliffs in background...... 49

Plate 9: Survey Unit 4 – looking north east overburden in centre...... 50

Plate 10: Survey Unit 4 - looking north-west over Killalea Lagoon...... 50

Plate 11: Survey Unit 5 – looking east toward quarry...... 51

Plate 12: Survey Unit 5 – looking south. Current quarry site on left of picture with Killalea Lagoon on right...... 51

Plate 13: Survey Unit 6 – looking west with dam in centre back of photograph...... 52

Plate 14: Survey Unit 7 – looking south east showing embankment built as buffer to quarry operations...... 52

Plate 15: Survey Unit 7 – view north showing small dam in centre of photograph...... 53

Plate 16: Northern section of the wall. Quarry overburden visible to the rear of photograph...... 53

Plate 17: Northern section of wall. Note absence of stone capping...... 54

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APPENDICES

APPENDIX 1

Legislative Requirements

APPENDIX 2

Consultation Log

APPENDIX 3

AHIMS Results

APPENDIX 4

Glossary of Site Types

APPENDIX 5

Site Card for Midden

APPENDIX 6

Aboriginal Community Responses

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1.0 INTRODUCTION

RPS Harper Somers O’Sullivan (RPS HSO) has been commissioned by Insite Planning on behalf of Hanson Construction Materials to undertake an Aboriginal and European Cultural Heritage Assessment on a portion of land proposed for an extension to the current Bass Point Quarry. The proposed Bass Point Quarry extension project has been declared to be a major project under Part 3A of the Environmental Planning and Assessment Act (EP&A 1979).

This report will form the cultural heritage component supporting the Bass Point Quarry Assessment.

1.1 The Study Area

The Bass Point Quarry from here on in this report is referred to as the study area. The study area comprises the central and landward section of Bass Point that now contains the Bass Point Quarry (BPQ). The study area comprises all of Lot 22 DP 1010797 and covers 157 hectares including the existing quarry and the proposed extension areas.

The study area is situated south east of Shellharbour on the Bass Point peninsular. The northern boundary runs roughly parallel to the Bass Point Reserve Road while the southern boundary is bordered by a cliff face and the Pacific Ocean. The eastern boundary is bordered by the Bass Point Reserve. To the west are undeveloped land and the Killalea Lagoon.

The study area can be found at Figure 1-1.

1.2 Background

On 23 May 2009 the BPQ operations extension proposal was declared to be a Major Project under Part 3A of the Environmental Planning and Assessment Act (1979). The current Bass Point Quarry has been used for over 30 years as a hard rock extraction and processing operation. This proposal by Hanson Construction Materials is intended to extend the life of the quarry. This will include deepening the existing quarry and extending extraction to adjacent areas. The proposed output from the quarry will produce a range of high quality aggregate and road construction materials.

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Figure 1-1: Location of the study area

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1.3 Legislative Context

It is incumbent on any land manager to adhere to legislative requirements that protect both Aboriginal cultural heritage and European cultural heritage in NSW. Appendix 1 outline in more detail the various relevant legislative Acts summarised below.

1.3.1 The National Parks and Wildlife Act (1974) The primary state legislation relating to cultural heritage is the National Parks and Wildlife Act (NPW 1974, as amended). The legislation is overseen by the Department of Environment and Climate Change (DECC), and specifically the Director-General of the DECC.

There are three main sections of the NPW Act (1974) that the proponent should consider during works in the associated leases. These include (but are not limited to) the following:

It is an offence under Part 6 of the NPW Act (1974) for any person/company to:

• knowingly destroy, deface, damage, cause or allow the destruction/defacement to an Aboriginal object or Aboriginal place (Section 90);

• disturb, move, excavate for the purposes of finding Aboriginal objects, or take possession of Aboriginal objects (Section 86) unless a valid Permit under Section 87 of the Act has been issued by the Director General of the DECC; and

• be aware of the location of an Aboriginal object and fail to report it to the DECC (Director-General) within a reasonable timeframe (Section 91).

In 2004, the DECC released the Interim Community Consultation Requirements for Applicants which guide Aboriginal community notification and consultation procedures for sites that require applications under Section 87 and Section 90 of the National Parks and Wildlife Act (1974). The consultation requirements are outlined in Appendix 1.

It should be noted that under Part 3A of the Environmental Protection and Assessment Act (EP&A Act 1979), the requirements to obtain a Section 90 Permit for a site or Section 87 Permit for conservation/research are not required.

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1.3.2 The Heritage Act (1977) Historical archaeological relics are afforded protection under the Heritage Act (1977). As well as buildings and structures, archaeological deposits and features are protected under the relics provisions of the Heritage Act 1977 (as amended 1999). Under the Act, a ‘relic’ is defined as:

“Any deposit, object or material evidence relating to the settlement of the area that comprises NSW, not being an Aboriginal settlement, and which is fifty or more years old”

An excavation permit is often required if it is known or suspected that a relic will be exposed or discovered during works. If relics will be discovered, uncovered or moved during works, then excavation must be undertaken by a qualified archaeologist with an excavation permit issued by the Heritage Council of NSW.

1.3.3 Environmental Planning & Assessment Act 1979 (EP&A ACT) This Act regulates a system of environmental planning and assessment for New South Wales. Land use planning requires that environmental impacts are considered, including the impact on cultural heritage and specifically Aboriginal heritage.

Part 3A of the EPA relates to major projects, and if applicable, obviates the need to conform to other specific legislation. In particular, s75U of the EPA Act explicitly removes the need to apply for s87 or s90 permits under the NPW Act. This means that although Aboriginal cultural heritage is considered during the planning process, a permit is not required to disturb or destroy an Aboriginal object or place. However, the Director-General of Planning must nonetheless consult with other government agencies, including DECC, the NSW Heritage Branch and National Parks & Wildlife, prior to any decision being made.

1.4 Aboriginal Community Consultation

An advertisement was placed in the Lake Times Newspaper (27 August 2009). Letters in accordance with the Interim Community Consultation Requirements for Applicants were mailed (24 August 2009). No community stakeholders responded.

Subsequently, Illawarra Local Aboriginal Land Council (ILALC) was contacted and a representative, Neville Maher participated in the survey on Wednesday 7TH October 2009.

A copy of this report will be sent to ILALC for comment. The Consultation Log can be found at Appendix 2.

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Aboriginal Cultural Heritage Assessment for Bass Point Quarry

1.5 Scope of Assessment

This Aboriginal and European Cultural Heritage Assessment considers the potential for Aboriginal archaeological sites and for European heritage sites to occur, the location of any registered sites in the study area and the implication for the proposed life extension project at the Bass Point Quarry. In order to identify items of heritage significance that are in close proximity to the proposed project works, this Aboriginal and European Cultural Heritage Assessment includes:

Aboriginal Cultural Heritage • Initiation of the Department of Environment, Climate Change and Water (DECCW) Interim Community Consultation Requirements for Applicants (ICCR 2004) and liaison and partnership with ILALC. • An analysis of the previous archaeological surveys, assessments and research. • An investigation of regional and local environmental information to ascertain the probability of Aboriginal archaeological sites occurring, the type and likelihood of disturbances that may affect the integrity of the site. • A review of statutory documents with regard to Aboriginal cultural heritage, including consulting the DECCW Aboriginal Heritage Information Management System (AHIMS) database for known Aboriginal sites (Appendix 3). • Recording of any new cultural heritage sites located in line with DECCW requirements.

European Cultural Heritage • The scope of assessment was in accordance with the guidelines detailed in the NSW Heritage Manual (1996) and the Burra Charter (rev. ed. 1999). • An investigation of regional and local European and environmental information to ascertain the probability of archaeological sites occurring, the types of sites likely to occur and the likelihood of disturbances that may affect the integrity of such sites. • A review of the Commonwealth Heritage Register, Sate Heritage Register, Shellharbour City Council Local Environmental Plan (LEP) and Regional Environmental Plans (REP) for European heritage items.

1.6 Limitations

In accordance with the study brief this archaeological assessment includes consideration of Aboriginal cultural heritage and European heritage items. With regard both Aboriginal cultural heritage and European heritage potential archaeological sites have been found in the local area. It is outside the scope of this study to undertake an in-depth investigation of those sites. This study is

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restricted to the study area with management measures for potential sites included in the recommendations for the proponent to include in their planning strategy for the development of the study area.

1.7 Terms and Definitions

• Aboriginal Heritage Information Management System AHIMS • Before Present BP • Department of Environment, Climate Change and Water DECCW • Illawarra Local Aboriginal Land Council ILALC • Local Environment Plans LEP • Local Environment Study LES • Local Government Authority LGA • NSW National Parks and Wildlife Service NPWS • Potential Archaeological Deposit PAD • RPS Harper Somers O’Sullivan RPS HSO

1.8 Authorship

This report was written by Laraine Nelson with assistance from Philippa Sokol, and reviewed by Darrell Rigby, all of RPS HSO.

1.9 Acknowledgements

RPS HSO would like to acknowledge the following people who assisted in the Aboriginal and European Cultural Heritage Assessment.

Name Company Sharralyn Robinson Illawarra Local Aboriginal Land Council Neville Maher Illawarra Local Aboriginal Land Council Wayne Kelly Hanson Construction Material Chris O’Donnell Hanson Construction Materials

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2.0 ENVIRONMENTAL CONTEXT

The environmental context of an area is researched by archaeologists in order to obtain data relevant to the regional area and the specific study area. Environmental factors assessed include local geology and soils, topography, hydrology, climatic conditions, and the availability of flora and fauna resources. This information is then utilised to predict what the past local environment was like. Interactions between people and their environment are important in predicting the formation of the archaeological record and its preservation.

2.1 Geology and Soils

The geological landscape of the Bass Point area was formed by the Bumbo Latite which is porphyritic basalt of the Upper Permian age. In the eastern portion of Bass Point sandrock is present. The sandrock, often red-coloured, very compact and cemented by iron, covers the Bumbo latite. Overlaying the sandrock is a sheet of loose white to grey sand between two and five metres thick. The seaward extent of Bass Point is bordered by a rocky shoreline that consists of rock platforms and ramps.

2.2 Topography and Hydrology

The current BPQ operation comprises variable terrain of moderately to steeply sloping areas. Steeply sloping land is located along the southern and western borders and includes windrow areas of overburden. The cleared land of the study area has a gentle slope though earlier land use practises have modified it resulting in small to large undulations and uneven ground.

The BPQ is bounded by the Killalea Lagoon to the west. Further swamp areas lie immediately to the north and then further north is the large coastal estuarine Lake Illawarra, while to the south is the Minnamurra River estuary.

2.3 Climate

Approximately 18,000 years ago climatic conditions began to change affecting the movement and behaviour of past human populations in their environments. During this time, notably at the start of the Holocene approximately 11,477 years ago ( U.S. Geological Survey Fact Sheet 2007-3015) the melting of the ice sheets in the Northern Hemisphere and Antarctica caused the sea levels to rise, with a corresponding increase in rainfall and temperature. The change in climatic conditions reached its peak about 6,000 years ago (Short, 2000:19-21). Up until

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1,500 years ago, temperatures decreased slightly and then stabilised about 1,000 years ago, creating conditions similar to the temperature currently experienced. Consequently, the climate in the locality of the study area for the past 1,000 years would be much the same as present day providing a year round habitable environment.

The climatic conditions will impact upon the soils, vegetation and the potential occupation of an area. They may also affect the durability of associated cultural materials. The area has a warm temperate to sub humid climate which is dominated by high and low pressure systems in accordance with coastal environments. In the summer months the area will experience onshore winds with hot and humid weather. In the winter months the offshore winds will produce cool to mild and drier weather with frosts developing in low lying areas. Average temperatures throughout the year can range between 8.5 degrees Celsius in July and 25.2 degrees Celsius in January and February. Autumn is the wettest season with an average rainfall of 140.4mm in March and 130.6mm in April (Australian Bureau of Meteorology, 2009). These regional temperatures would be suitable for occupation for the majority of the year, with appropriate shelter required during the cool and wet periods.

2.4 Flora and Fauna

The study area comprises a range of environments able to support a diversity of plant and animal species. These environments offer a diversity of both marine and terrestrial flora and fauna species.

The flora communities expected to be identified in the study area include the following: o Headland Grassland o Littoral Rainforest o Tall Shrubland/ Exotic Grassland o Coastal Shrubland; and o Cleared land.

The fauna communities expected to be identified in the study area include the following: o Bats and flying-fox o Frog species (mainly in the freshwater wetland areas) o Marine and Avian species o Terrestrial introduced species such as Feral Cat, European Rabbit, Brown Hare, Cattle and Black Rat.

Due to the extreme levels of disturbance in the study area the abundance of native flora and fauna species is minor. Many of the flora species thrive in highly

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disturbed areas and have grown as a direct result of the high degree of soil disturbance. As a result of reduced flora varieties the faunal species in the current study area are minimal and irregularly occurring. Prior to the BPQ development the area would have provided for an abundance of resources resulting from the interaction of marine and terrestrial environments.

2.5 Condition of the Study Area

The study area has been subject to extreme disturbances. Quarrying operations have occurred in the area almost continuously since the 1850’s resulting in a landform that most likely bears little resemblance to the original landscape. Prior to the quarry development, the area would have provided plentiful resources for gathering food and cultural items.

2.6 Discussion

The study area has been subject to extreme landform modification as a result of long term quarry operations. As well as impacting on the landscape there has been a subsequent detrimental impact on the vegetation and fauna of the area. The environment bears little resemblance to the rich and varied habitat that would have once covered the area.

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3.0 ABORIGINAL HISTORY

The earliest evidence of Aboriginal occupation of the Illawarra area has been obtained from the dating of midden material at Bass Point. The deeply stratified midden returned a date of 17,010+650BP (Bowdler 1976:4). This supports a number of archaeological studies of the area and early ethnographic accounts which indicate that Aboriginal people have made both intensive and/or long term use of this coastal area.

The earliest historic observance of the Illawarra people was by Captain Cook in 1770 who recorded numerous campfires and a rich and varied landscape (Organ & Speechley 1997:8). Throsby, an early settler in the area, documented the Aborigines after a period of decline saying that while they now only numbered 100 people, earlier occupants would have benefited from an abundance of fish, kangaroos, possums, ducks and fowls. A further indication of population numbers was provided by the documenting of a battle in 1830 at present day Fairy Meadow between 1500 Aborigines from a number of tribes with at least 70- 100 men killed (Organ & Speechley 1997:10). In the nineteenth century the demise of the local people occurred rapidly with the loss of traditional hunting and foraging grounds; the introduction of previously unknown diseases by the European population; and conflict between the new settlers and the Aboriginal people (Organ 1990:xxxvii).

3.1 The Traditional Owners

The Illawarra region was the home of the Dharawal peoples with a smaller clan, the Wodiwodi speaking people, living in the area between Wollongong and Shoalhaven. The social structure of the Wodiwodi appeared to be based on small clans and family groups whose resource use focussed on the diverse resources of the sea, lakes, creeks and hinterland (Organ 1990:xlii). Their homeland was a narrow band bounded by the ocean on the east and the steep escarpment to the west.

3.1.1 Implements for Gathering Food and Weapons The use of shell to produce fish hooks is recorded in the archaeological record with Bowdler detailing their presence from about 600 years ago. The same research documents the use of bone points from about 2,975+650BP. (Bowdler 1981:254). Bone points associated with middens were often used for spear fishing. Ethnographic evidence exists for the use of poison where smouldering bark was thrown into a creek to stun fish. Stone implements such a ground edge hatchets, point for spears, pebble choppers, scrapers, adzes and chisels were also used.

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3.1.2 Foods and Useful Plants As a coastal people the resources of the sea, coastal lagoons and numerous creeks were important and matched with the resources of the land, kangaroo, wallaby and possums. There is evidence of Aboriginal people using marine resources such as young shore birds, bird eggs, shellfish and seagrasses such as kelp. Abalone, lobster and octopus were eaten in addition to seals, whales and dolphin (Wesson nd:16). The coastal lagoons provided fish, shellfish, crustacean such as prawns and birds (Wesson nd:32) Seasonal knowledge provided the basis for utilising plants species that were used for food, medicine and for body ornament.

3.1.3 Campsites and Shelters Rock shelters were used where available; however, more commonly used were bark gunyahs. Archaeological evidence is that the preferred campsites were sheltered coves with an extensive survey of Bass Point indicating that the majority of middens are located on the northern side rather than the south facing shoreline (Bowdler 1981:7). These campsites allowed ready access to the productive rock platforms while providing protection from the prevailing colder wind from the south.

3.1.4 Clothing Clothing was minimal with possum skin rugs during cold weather. Various animal fats, greases and fish oil together with sand dirt and ashes were used as a protective barrier against the weather and flies or mosquitoes.

3.2 Aboriginal History after European Contact

The local Aborigines would have been aware through communications with northern tribes of the presence of the Europeans and the proximity of the Illawarra to Sydney meant that the Aboriginal people of the area were amongst the earliest to encounter the people of the First Fleet. Charles Throsby and a convict servant were the first known whites to traverse the region in 1815, although there had been undoubtedly escaped convicts in the area prior. The proximity of the European settlers to the north also meant that the introduction of diseases such as Smallpox would have a substantial impact upon the local Aboriginal people (Organ & Speechley 1997:9).

The arrival of settlers in the area compounded the problems already faced by the Wodiwodi people. A loss of traditional lands through clearing, farming and alienation meant loss of food sources and a dependence on handouts from the European settlers (Organ 1990:xxxvii).

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There is evidence that the remaining Aboriginal people of the area camped at Bass Point until the late nineteenth century. Navin Officer (2000:19) have documented evidence for a possible reserve for Aborigines that focused on that encampment at Bass Point and detail that this reserve was not rescinded until as late as 1920. The authors also found there was no evidence either documentary or within Aboriginal oral tradition for the exact location of these camps.

It is considered that the Aboriginal people remained at Bass Point because of the locational advantage of accessing traditionally favoured resources of the marine coast, as well as utilising benefits of living within proximity to the small village of Shellharbour. There are reports of Aborigines camped at Bass Point rendering assistance to a crew from a boat wrecked at the Point in 1879 while a photograph taken in 1890 shows a posed Aboriginal family in front of a bark gunyah at Bass Point (Manidis Roberts Consultants 2000:33).

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4.0 EUROPEAN HISTORY

Captain Cook in 1770 noted the area now known as the Illawarra commenting on the numerous fires from native camps around what was possibly Bass Point (Manidis Roberts 2000:33). In 1796 Bass and Flinders landed at nearby Lake Illawarra but made no mention of Bass Point (Manidis Roberts 2000:44). The area, including Bass Point, appeared to be first settled by Europeans in 1803 when James Badgery secured free grazing rights (Bayley 1959:21). A more formal allotment of the land occurred in 1821 when D’Arcy Wentworth obtained a grant of a substantial portion of the Illawarra area with the resulting withdrawal of the free grazing rights of Badgery. At the same time a licence was issued to William Charles Wentworth, son of D’Arcy to cut cedar trees in the area. The 1828 Census of New South Wales records Wentworth as having 1,600 cattle on holdings he had named Peterborough. Following the death of D’Arcy Wentworth in 1827 the holdings were divided amongst his children (Bayley 1959:18; Manidis Roberts 2000:46).

The growth of the Shellharbour area began in 1837 with the settlement of Scottish immigrant families. The introduction of immigrant families to the area was facilitated by the introduction of clearing leases whereby the families were given a parcel of land rent free for six years in return for clearing of vegetation and the establishing of farms (Bayley 1959:27-30). In 1851 the site of the village of Peterborough, present day Shellharbour was laid out (Manidis Roberts 2000:47).

In 1865 the Wentworth family sold that portion of the Peterborough estate that included Bass Point to George Lawrence Fuller. Fuller who named his property Dunmore acquired further holdings and by the time of his death in 1917 held a substantial portion of this area of the Illawarra (Manidis Roberts 2000:51).

Bass Point was known until the late nineteenth century as Long Point when it was renamed Bass Point in recognition of the achievements of George Bass, although Bass himself made no mention of the Point in his journals (Bowdler 1981:2).

4.1 Bass Point Quarry

As early as 1850 Bass Point basalt was quarried for local buildings (Manidis Roberts 2000:53). In 1880 Chambers & Co., a group of Melbourne businessmen, under arrangement with George Lawrence Fuller who owned the area, commenced quarrying basalt for shipment to Melbourne (Cousins 1994:183). A substantial jetty was constructed with crushing engines and loading bins at Fullers Bay (Bayley 1959:66). A second small quarry was also operating at the same time by a Mr.Larsen.

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In 1885 following the failure of the Melbourne venture Fuller recommenced production from the quarry. This was a considerable success with the quarry soon employing 40 men and producing 2,000 tons of blue metal per month with the jetty extended and a purpose built ship, the S.S. Dunmore, built to carry the output to Sydney (Manidis Roberts 2000:53). Bowdler (1981:2) also records that workmen’s cottages were built to house the quarry staff.

In 1914 Fuller sold the business and it continued in operation with a new quarry further to the west established in 1920. The quarry was abandoned around the 1930’s with the facilities including the jetty falling into disrepair. In 1958 the last remaining sections of the jetty were demolished. Following World War II the area was acquired by ICI with the area later leased to a subsidiary of Pioneer Concrete, South Coast Basalt (Manidis Roberts 2000:54). The quarry was reopened and a new jetty constructed immediately east of the earlier structure.

4.2 European Cultural Heritage

4.2.1 Registered Historic Items A search of the relevant databases was undertaken to determine if there were any registered historic sites within the vicinity of the study area with the following results.

4.2.1.1 Items Listed under the NSW Heritage Act No items within the vicinity of Bass Point are given state significance through listing under the NSW Heritage Act.

4.2.1.2 Shellharbour City Council Local Environment Plan (LEP) Shellharbour City Council Local Environment Plan (Schedule & 3) lists those items considered of significance at the local level. There are no sites within the study area however the following sites are on the Bass Point peninsular further to the east:

Heritage Conservation Area Bass Point Reserve

Historic Site BP1 Cities Service Boston Wreck Monument

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5.0 ARCHAEOLOGICAL CONTEXT

This chapter presents a review of documentary and physical evidence pertaining to Aboriginal and European occupation of the region and in particular the Study Area. Such information is included in archaeological reports because it provides context and accuracy to predictions made about the potential for archaeological remains in the Study Area. In establishing a framework for the investigation of the study area a regional and local overview is undertaken. This approach investigates known sites and assesses them in relationship to the environment and topography. This approach seeks to identify past economic and social systems and enables the archaeologist to predict possible site types and potential locations within the study area.

5.1 Regional Archaeological Context

The coastal region of New South Wales from Sydney to the Victorian border has been assessed by a number of archaeologists in an attempt to formulate a model for economic strategy and settlement. The general consensus was that Aboriginal peoples focussed their resource gathering on the diverse and abundant environments of the coastal area and only utilised the hinterland during winter when it was considered that environmental stress on the coastal areas should be alleviated (Poiner 1971; Attenbrow 1976). Sefton (1980) who conducted a regional assessment of the Illawarra region and included ethnographic as well as archaeological evidence considered there were two main resource zones; the coastal zone and an inland zone (this included the tableland region around present day Mittagong, Picton, etc and the headwaters of the Kangaroo Valley).

In 2000 Navin Officer Heritage Consultants produced for Shellharbour Council an Aboriginal Heritage Study for the Shellharbour area. The Study sought to identify not only known Aboriginal heritage sites but also areas of potential significance. The Study identified the landscape features of the area as: water catchment localities; Illawarra Escarpment and foothills; coastal plain; Lake Illawarra and the coastline. In reviewing the ethnographic evidence the authors of the report found a repetitive theme describing the movement of peoples between the plateaus to the west and the coastal strip with regard attendance at ceremonies, a seasonal migration pattern or the collection of government benefits such as blankets. There was a consideration that this process had a basis in antiquity and was not a pattern adopted following the appearance of the Europeans. It was considered that there was a long established network of pathways and routes that connected the plateau and the coastal plain via the Illawarra escarpment (Navin Officer 2000:35).

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In establishing a dating sequence for the occupation of eastern Australia, including the study area, the most commonly occurring material type in Australian Aboriginal archaeology, the stone artefact has been used. The hardiness of stone means it is well preserved in the archaeological record whereas other organic artefacts (bone, flora and fauna) decay with little trace. A focus therefore has been on using stone tools as the basis for a variety of analytical studies including creation of a framework for comparative studies and dating.

McCarthy working in the mid twentieth century in Australia developed the Eastern Regional Sequence using descriptions of overall artefact form and method of manufacture to formulate an artefact typology (Holdaway and Stern 2004:304). The Eastern Regional Sequence consists of a number of phases that included the Capertian (prior to 5000BP) this period was identifiable by large uniface pebble tools, core tools, horsehoof cores and scrapers with backed blades occasionally occurring. The next phase, the Early Bondaian (5000BP – 2800BP) had aspects of the Capertian assemblage continuing, however backed artefacts and ground edged artefacts increase. Artefacts during this period were predominately made from fine-grained siliceous stone such as silcrete and tuff. The Middle Bondaian (2800BP – 1600BP) was characterised by backed artefacts, particularly Bondi Points and ground edged artefacts. Artefacts made from siliceous material generally however quartz becomes more frequent. The Late Bondaian (1600BP to present) is characterised by bipolar technology, eloueras, ground edged artefacts, bone and shell artefacts. Bondi Points are virtually absent and artefacts are predominately from quartz.

Some debate over the accuracy of the ERS continues (Bird & Frankel 1991, Hiscock & Attenbrow 2002 with the sequence refined in recent years (Hiscock & Attenbrow 2005). However, it is generally accepted that the phases within the ERS are as follows:

Some debate over the accuracy of the ERS continues (Bird & Frankel 1991, Hiscock & Attenbrow 2002), and the sequence has been refined in recent years (Hiscock & Attenbrow 2005). However, it is generally accepted that the phases within the ERS are as follows:

Pre- Bondaian (previously Capertian) – Artefacts from this phase are typically of silicified Tuff, although where this material was difficult to obtain quartz and unheated silcrete were also utilised. Artefacts and cores vary widely size and are typically characterised by unifacial flaking. No backed artefacts, eloueras or ground stone implements have been identified within this phase. This phase generally dates to pre 8,000 years before present (BP).

Early Bondaian – Artefacts of this phase tended to be manufactured from local raw materials and a reduction in use of silicified Tuff is apparent. Both unifacial

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and bifacial flaking were dominant techniques, with bi-polar flaking becoming more widely used in the later stages. This phase dates from 8,000 to 4,000 BP.

Middle Bondaian – Raw materials used in stone tool manufacture vary widely between sites during this phase, although the use of quartz increases. Backed artefacts are most frequent in this phase in comparison to others. Tools and core size is reduced and the use of bi-polar flaking increases. This phase in generally dated from 4,000 to 1,000 BP.

Late Bondaian - Use of raw material types continues to diversify, whilst quartz is the dominant material type in use. Artefacts were typically manufactured through the use of bipolar flaking. Eloueras, bone artefacts and shell fishhooks are common in this phase. This phase is dated from 1,000 BP to European contact.

Flood (1999) describes the Pleistocene archaeological site at Bass Point as one of the most significant sites on the south east coast of Australia. Flood’s assessment is based on the excavation work of Bowdler (1970) that established a Pleistocene date (17,500 BP) for the earliest occupation of the site. The site is also significant in that it established a sequence of occupation and site use from that period until the modern times. Bowdler recorded artefacts within the midden as being representative of the pre-Bondaian and Bondaian period.

5.2 Local Archaeological Context

The following reports provide relevant information and assists in developing a predictive model. This model also aims to provide information regarding the integrity of sub-surface material in the local area.

Navin Officer Heritage Consultants. 2000. Shellharbour City Council Aboriginal Heritage Study. This study while regional and considering the whole Shellharbour City Council area raises a number of relevant details at the local level. The authors found that in general sites were most likely to occur where there was a relatively level ground surface; with proximity to freshwater; and on or close to ecotones (where different environmental zones meet). Coastal middens were considered most likely to be located in close proximity to rocky headlands or rock platforms with access to fresh water. As part of the study a map of zones of archaeological sensitivity for the Shellharbour area was produced. The map included Bass Point with the majority of the current study area designated Grossly Disturbed Landscape (nil archaeological potential) with a smaller portion designated Coastal Plain Slopes (low in general but moderate on elevated ground near fresh water).

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Silcox, R. 1990. Archaeological assessment of Aboriginal and historical sites on the proposed north Kiama by-pass between Dunmore and Bombo, Kiama, NSW. This survey was conducted along a seven kilometre band approximately 100 metres wide and approximately three kilometres south west of the study area. The terrain was described as varying from swamp to lowlands and low terraces. Two previously recorded Aboriginal sites were noted (52-5-0251 & 52-5-0253) and one new site recorded (KB1). Two sites (52-5-0251 & 52-5-0253) were located on elevated ground, a crest and low terrace while the third (KB1) was described as being exposed through sand mining. Two sites (52-5-0251 KB1) consisted of shell fragment and stone artefacts and one site (52-5-0253) consisted of only artefacts. Silcox cited previous studies that demonstrated a preference for sites to be recorded on toe slopes and elevated surfaces on the margin of estuaries and swamps and in light of this designated two areas as PAD.

Navin, K. 1989. An archaeological investigation of a proposed development area at Dunmore, NSW. This survey was a ninety square kilometre parcel of land approximately seven kilometres from the current study area with the landform consisting of lowland plains and ridges. The lowland plains that had been drained during European settlement were considered to have once held estuarine creeks and ponds. The ridgeline at a maximum height of 36 metres formed a barrier between that study area and the Minnamurra wetlands to the south

Five artefact scatters and three isolated finds were recorded. The five scatters comprised a wide variety of stone and artefact type with largest site comprising forty artefacts and the smallest five. Four of the sites included small quantities of degraded shell. Four artefact scatters were associated with the ridgeline and crest and one on the margin of the lowland plain. Three isolated finds, by definition single artefacts, were located with two on drainage lines on the lowland plain and one on the upper slope of the ridge crest.

Dallas, M & Navin, K 1987. Archaeological survey along the southern foreshore of Lake Illawarra and on Bevans, Picnic, Beragaree and Werrang Islands. This survey approximately seven kilometres north-west from the current study area is of the southern foreshore of Lake Illawarra, a large estuarine lagoon and four small islands within that lagoon. All areas inspected were low lying with the maximum height above sea level 2.3 metres on Picnic Island. The intertidal shoreline consists of mud flats. Five midden sites were recorded on Bevans Island and one site on Picnic Island. No faunal material was observed, shell species included Pyrazus ebeninus, Anadara trapezia Pipi and Cabestana spengleri. Bevans Island with reed beds and wetland areas appears a focus for

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a diversity of faunal species. The authors considered that the evidence suggests an economy based on exploitation of estuarine mud flats, sandy beaches and rock platforms. In addition it was thought that lack of sites on the foreshore reflected the later impact of European land use practices.

Lilley, I. 1987. A reappraisal of the archaeological impact of the proposed Princes Highway reconstruction – Minnamurra River to Bombo, Kiama.

This survey conducted along a 100 metre band approximately three kilometres long is five kilometres to the south - west of the study area. The study located two shell middens near the Minnamurra River, in addition a highly disturbed band of shell was noted in some exposures.

Navin, K. 1987. What hasn’t happened to Lake Illawarra? This was an academic thesis presented as the result of an archaeological investigation of Lake Illawarra approximately five kilometres north- west of the study area. The author considered the proposal that coastal areas such as Lake Illawarra with a diverse ecological range were intensively exploited by a near sedentary Aboriginal population. In concluding that the archaeological record did not provide sufficient evidence to support that proposal Navin did find that sites were more likely to be located on higher or elevated ground; in proximity to several resource zones; with reasonable access to fresh water; that the artefact record was limited because of significant loss through previous collecting activities and; shell species were limited to those available in the immediate area.

Bonhomme, T. 1985 An archaeological sites survey of Shellharbour waste disposal depot, Dunmore, NSW. This archaeological study was of an area approximately four kilometres south- west from the current study area. The landform was described as consisting of a low lying and poorly drained swamp and grassland. A single site was recorded on the remains of an eroding dune that was estimated to have been originally about two metres high. The site, which appeared to have little stratification contained degraded Anadara trapezia and Pyrazus ebeninus with six stone artefacts also present.

McIntyre, S. 1985. A preliminary archaeological survey of the Illawarra Bicentenary Boat harbour at Shellharbour NSW. The survey was conducted over 300 hectares and is approximately 500 metres north and west of the current study area. The area surveyed was the remaining undeveloped land between Bass Point and the town of Shellharbour to the north- west. This area was bounded on the eastern side by Shellharbour beach and extended approximately 2 kilometres inland.

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One large campsite was located in the dunes behind Shellharbour Beach; this was described as containing 80 - 100 artefacts, some shell and bone. There was conjecture of a human origin for the bone but given its fragmentary condition despite expert advice no conclusion was reached.

The report author described the site as being approximately 900 metres to the north-west of the Bass Point midden excavated by Bowdler in 1970. It was also concluded that these sites most likely formed a continuous occupation site with current lack of evidence a result of disturbance.

The author also considered two other areas as potentially of interest. One area was to the north near the Shellharbour Swamp and the second, south and west of the current study area. This second potential site was chosen as it was a low ridge or spurline that provided access to Killalea Beach, Rocklow Creek and its associated swamps and tributaries and Minnamurra River further to the south.

Bowdler, S. 1981. Bass Point: Aboriginal relics within the proposed state recreation area, NSW. Situated immediately to the east of the current study area this locale consists of the Bass Point peninsular. While there has been some disturbance, linked mainly to recreational activity the author considered the area to have remained in a relatively natural state and as such provided an excellent opportunity to investigate prehistoric sites.

This part of the Bass Point peninsular landform is marked by sheltered coves and north, south and east facing rock platforms. The southern coastline has steep cliffs dropping to rock platforms while the northern and eastern shoreline has in general more moderate slopes leading to the rock platforms.

Eleven midden sites were recorded. The largest midden Site 1 was located on the northern side of the Point overlooking extensive rock platforms. Site 1 was the midden excavated by Bowdler in 1969-70. This site provided a deeply stratified sequence with the basal layers providing a radiocarbon date of 17,010 + 650 years. Following this survey Bowdler considered it most likely that middens from Site 1 through to Site 6 along the north side of the point, form a single midden that has suffered through disturbance or masked by vegetation cover that has now resulted in an apparent discontinuous midden line. Site 7 and Site 8 were located in the east facing cove of Bushrangers Bay. Site 9 and Site 10 were located on the south side of Bass Point. Site 11 was found on the narrow neck of land on the western area of Bass Point. The distribution and size of middens would indicate that the northern side of Bass Point was the preferred occupation site for Aboriginal peoples.

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Hughes, P. J. 1977. A geomorphological interpretation of selected archaeological sites in southern coastal NSW. Hughes describes Bowdler’s excavation at Bass Point in some detail with particular reference to the geomorphology of the site. In addition to the detail provided by Bowdler (1976) in the analysis of the excavation Hughes also indicated that stone artefacts were more prevalent in the white and grey sand layers than in the lower and upper midden layers. Hughes was mainly concerned with the geomorphology of the site, however, of interest to this work were his findings on site usage. The sea level, when Bass Point was first used 17,000 years ago, was approximately 135 -150 metres below the present level and most likely the shoreline would be 20-25 kilometres to the east of its present site. This lower sea level provided access to cobbles that were used for the production of stone artefacts. Around 7500BP the sea level rose with the shoreline reaching approximately one kilometre from the current line, at the same time site usage increased. Increase in site usage was linked to the proximity of marine food resources. Around 6,500BP the shoreline reached its current level. At this time site usage as reflected in the archaeological record, began to increase substantially.

Sullivan, K. M. 1977 Minnamurra Estuary Investigation. Four kilometres south of the study area two sites disturbed during sand mining activities were recorded. The first site (Area A) was described as comprising a dense scatter of artefacts with some associated shell. The artefacts covered an area of five square metres with backed blades, cores, fabricators, side and end scrapers noted. Shell species Pyrazus ebeninus and Anadara trapezia were present and considered midden material although a large quantity of other shell dredged was not. Area B (second site) contained scattered shell (Pyrazus ebeninus, Anadara trapezia and Ostrea angasi), burnt bone, charcoal and some stone artefacts. Area B had suffered only surface disturbance and to determine depth of deposit auguring was carried out. This revealed a stratified deposit about 20 centimetres below the surface and about 10 – 20 centimetres in depth. This comprised shell (Pyrazus ebeninus, Anadara trapezia, Crassastrea commercialis Ostrea angasi and Cymatilesta spengleni) material in a densely packed dark charcoal bearing matrix resting on bright orange sand.

The author considered there was a high likelihood of further sites being in the area and considered that the focus may have been on the nearby basalt hill.

Bowdler, S. 1970. Bass Point: The excavation of a South East Australia shell midden showing cultural and ecological change. This was an academic thesis presented as the result of an archaeological excavation at Bass Point. The results of this excavation were significant with the assigning of a Pleistocene date (17,500BP) and the dating of changes in resource use and cultural practises. In 1969-1970 the midden on a gently

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sloping north facing hill was excavated. It was assumed that a significant resource for the Aboriginal people living in the area was an extensive rock platform that fronted the site. Bowdler’s excavation revealed a stratigraphic sequence she divided into two sequences, an upper and lower midden consisting of densely compacted shell that extended to about 40 centimetres in depth. Below 40 centimetre was a band of grey sand about 15 centimetres in depth and below this a layer of white sand (60 centimetres deep) followed by sand rock. The white sand was devoid of organic material except charcoal and contained some pre-Bondaian artefacts. The charcoal present in this layer was dated to the Pleistocene period -17010+650 BP. The grey sand contained some degraded bone and shell and artefacts of the Bondaian period. The lowest point of the grey before it merged with the white sand was dated to 2975+145 BP. The midden layer containing artefacts of the post-Bondaian period varied in composition and appearance between the upper and lower midden. The lower midden material, similar to the grey sand, contained larger intact gastropod shells of a greater variety while the upper midden consisted primarily of crushed mussel shell. Artefacts included bone points, found in all layers were bone was preserved however the shell fish hooks and blanks were found solely in the upper midden. The assumptions drawn from the evidence was that from 3000 to 600 years ago spearing, a male hunting technique was the only method used to capture fish. From 600 years onward line fishing used by both men and women, using the shell fish hooks was adapted also. The evidence of fish species represented in the midden appears to support this. This change in fishing technology is marked by a change in shellfish species that Bowdler attributes to a change in gathering habits with women adopting line fishing. This gave them less time to collect shellfish and they adapted by harvesting the more easily obtained mussel instead.

5.3 Aboriginal Heritage Information Management System

A search was undertaken of the DECC Aboriginal Heritage Information Management System (AHIMS) for an area encompassed by coordinates Easting 298906-308906 and Northing 6164916-6174916 (MGA Zone = 56). The search results are provided in Appendix 3. A map showing location of the sites can be found at Figure 5-1.

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Table 5-1: AHIMS site type and frequency

Site Type Frequency in Search Area Midden 29 Open camp site 11 Midden/ Open camp site 2 Burials/ Open camp site 1 Shelter with deposit 1 Scarred tree 1 None* 5 * None: an examination of site cards indicates the sites could be called Artefact scatters.

5.4 Site Types summary

The AHIMS results indicate that middens (n=29) are the most frequent site type found in the locality, followed by Open camp site (n=11); Midden/ Open camp site (n=2); Burials/ Open camp site (n=1); Shelter with deposit (n=1); Scarred tree 9n=1); and None (n=5). It was noted that under the site type None the site contents list indicates that in four sites artefacts were recorded and in one site artefacts and shell were recorded.

The AHIMS result reflects the evidence from the archaeological surveys and reports that the most common site type was midden reflecting the targeting of shellfish from both the marine and lacustrine environments. Thirteen of the sites were given the name Bass Point and comprised Middens (n=12) and Shelter with deposit (n=1).

The term midden in Australia is used to describe an accumulation of shellfish from ocean front, lakes and estuaries by Aboriginal peoples who gathered the live shellfish as a food source and then discarded the shell. Along the NSW coast these provide a significant record of past Aboriginal economies and lifestyle. These middens have been used by Europeans since the early years of settlement as a source of lime and hence those that remain are only a remnant of the large, extensive middens that would have marked the coastline. Middens as well as containing shell may also contain remnants of other targeted species (faunal and fish bone), stone artefacts, and in some instances human burials.

The other site type recorded at Bass Point, Shelter with deposit was described as being an enclosed shelter with artefacts. The second most commonly occurring site type, open camp sites were recorded as containing artefacts only. A comprehensive list of site types is provided in Appendix 4.

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Figure 5-1: Location of AHIMS recorded Aboriginal cultural heritage sites

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6.0 PREDICTIVE MODEL

6.1 Predictive Modelling

A predictive model is created to form an educated estimate of the potential for an archaeological site to occur. It involves reviewing existing literature and consulting site databases to determine basic patterns of site distribution and correlating this distribution with the associated environment. The use of land systems and environmental factors in predictive modelling is based upon the assumption that these factors provided constraints that influenced land use patterns by past populations resulting in different spatial distributions and types of sites in the archaeological record. Predictive models can be used as a basis for the planning and management of Aboriginal heritage, and for formulating survey strategies to include areas of maximum archaeological potential.

The summary of environmental data (Section 2) and previous archaeological work (Section 4 and Section 5) was used to create a predictive model for sites in the study area.

6.2 Site Predictions

6.2.1 Site Types and Location The climate data indicates that the area was suitable for habitation year round while ethnographic and archaeological evidence suggests that the area provided a resource rich environment for the Aboriginal people. The AHIMS records that midden sites, a common site along the southern coastline of NSW, are present in significant numbers at Bass Point.

A previous detailed survey of Bass Point by Bowdler (1981) found that the majority of the middens (n=6) were located on the north facing shoreline with a flat to gently sloping incline and in proximity to resources of the rock shelves. It was also considered that this was possibly one large midden that had suffered through the removal of shell for lime and shell grit with further sections hidden by vegetation. One midden was located inland midway between the northern and southern shoreline, Bowdler considered this an unusual site as there was not a shoreline in close proximity. Only one such midden was recorded. Four small middens were located on the southern facing shore.

McIntyre (1985) following a survey of an area to the north west of the study area reported a low ridge line that ran from that study area south to Killalea Beach. This ridgeline is to the west of Killalea Lagoon and outside the study area. It was considered that this ridgeline had a high potential to contain archaeological sites.

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Open campsites also called artefact scatters and isolated artefacts may be located in the area, though the evidence is that most likely they will be in association with midden deposits.

A scarred tree was listed in the AHIMS report however given that the area has been cleared of all mature native vegetation it is highly unlikely that they would remain in the study area.

6.2.2 Study Area Aspect The study area occupies the central segment of a peninsular that extends eastward into the southern Pacific Ocean. This central segment is the widest part of the peninsular and has aspects to north, south and west. The presence of a number of aspects provides for a variety of sheltered environments from colder southerly and westerly winds in inclement weather, while in summer there is access to areas that benefit from the cooling north-easterly summer winds.

6.2.3 Slope The study area in general could be described as a small plateau that drops away sharply to the south and west. This sharp downward slope also occurs to the east and north although here it appears more likely to be a result of quarrying activity. In many areas there was some difficulty determining what was natural and what the result of human intervention and in some areas it was most likely a combination of the two.

Described in sectors: • To the north there is a steep sloping artificial bank (1:) that forms a buffer to the quarry operations followed by an area of gently sloping land (1: 20) • Along the eastern and southern extent there are small areas of low slope (1:20) above steep cliffs that drop to rock platforms, in other areas the cliffs drop straight into the sea. • On the western extent a sharp slope (1:1) falls to a narrow band approximately 100 metres wide of gently sloping land (1:20).

6.2.4 Distance from Water Distance to fresh drinking water is an important factor in the location of Aboriginal occupation sites. From the extensive midden sites found on Bass Point it is most likely that there have been a number of sources of fresh water in the vicinity. During the course of the survey a drainage line, containing water was observed in the south western area. Killalea Lagoon to the west of the study area would also have provided a source of water. Further sources may also have been available but have been lost due to landform modification during quarrying operations.

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6.2.5 Food Within a one kilometre radius, a range of environmental types were available; the rock platforms, marine, wetlands and the surrounding woodland areas. The results of Bowdler’s excavation (1970) revealed a wide variety of foods including shellfish from the rocky shore and deeper waters, seventeen species of fish; birds; reptiles and amphibians; mammals such as wallaby and possum; and fur and elephant seals. This indicates a diverse and abundant variety of foods were available from the immediate area.

6.2.6 Summary The archaeological evidence supports the premise that the area provided a particularly diverse and abundant environment for exploitation by Aboriginal peoples. The location of numerous midden sites on Bass Point alone indicates an area that was used intensively over a long period of time.

6.3 Predictive Model for European Heritage in the Study Area

The results of database searches (NSW Heritage Office) and Shellharbour Local Environment Plan are most relevant to this study and provide a concept of the types of sites and activities that could have been carried out in the subject area. The economy of this area has been based on farming and blue metal extraction. It is the cultural remains of this and associated activities that are most likely to occur in the study area.

These include: • Remnants of infrastructure associated with quarrying; • Agricultural yards, implements and structures • Built colonial structures from the early years of settlement.

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7.0 FIELD SURVEY

The archaeological pedestrian survey of the Bass Point study area was conducted on 7 October 2009 in good weather with clear skies and good visibility. The team members were Neville Maher, representative, ILALC and Laraine Nelson, Archaeologist, RPS HSO. As the quarry was in operation at the time of survey to facilitate access to all required areas Hanson assisted by providing a staff member, Chris O’Donnell and a vehicle.

No Aboriginal cultural heritage sites were found within the study area. One site (midden) was found outside the study area and was recorded in accordance with the DECCW requirements.

In relation to European cultural heritage in the south western sector (Survey Unit 3) a remnant of dry stone walling was noted.

7.1 Methodology

The study area consisted of a band of varying widths (to approximately 200 metres) around the perimeter of the quarry. An initial analysis was made using aerial maps to identify areas of potential with a previously recorded site (52-5- 0144) on the eastern boundary noted for inspection.

In general archaeological surveys are described in terms of landform units for the reporting process. In this report the study area is a narrow band that encloses a quarry, a highly disturbed land surface. In the majority of the study area the land surface was found to have been altered by past quarrying practices. As the area has been quarried since the 1850’s it is considered that very little of the original landform units remain, having been impacted upon either through quarrying or the dumping of overburden. The survey is therefore described in terms of Survey Units.

A vehicle was used to drive around the study area. At regular points and in areas that were considered to have potential the area was surveyed on foot.

7.2 Survey Coverage

A map showing the areas designated by the survey units described below can be found at Figure 7-1.

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Figure 7-1: Survey Units

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7.2.1 Survey Unit 1 Survey Unit 1, approximately 1400 metres long, commenced on the north eastern boundary of the study area and continued in a southerly direction. Sections of the survey unit were walked and along other sections the vehicle was used. The study area here comprised a narrow band (approximately 2 – 3 metres wide) and is adjacent earlier quarrying operations. The study area abuts the Bass Point Reserve to the east. The seaward extent of the study area is marked by the end of the ‘plateau’ with a steep slope (1:1) to a narrow grassed area and the rock platforms. The narrow grassed area is outside the study area.

The study area is highly disturbed with previous quarrying within close proximity and the area now comprising an unsurfaced road and overburden. It is in the north eastern section that according to AHIMS the site (52-5-0144) is located. On the opposite side of the fence is the Bass Point Reserve. The site (52-5- 0144) was recorded during a survey of Aboriginal cultural heritage sites within the Bass Point Reserve by Bowdler (1981). There was no evidence of shell or Aboriginal artefacts in this area. The area is marked by overburden to a height of approximately one metre and a fence marking the boundary of the quarry holdings (Plates 1 and 2).

7.2.2 Survey Unit 2 Survey Unit 2, approximately 1000 metres long commenced in the vicinity of a small inlet and followed a south and westerly route parallel to the coastline. As in Survey Unit 1 the seaward extent of the study area is marked by the end of the ‘plateau’ with a steep slope (1:1) to the rock platforms or sea below.

The area was walked where possible, although dense vegetation, significantly lantana and bitou bush made access to some areas impossible. While there was possibly a drainage line leading to the inlet steep slopes and dense vegetation precluded access. The only area of surface visibility was the unsurfaced road and some small areas of sheet erosion adjacent the road. Away from the track dense vegetation ensured nil surface visibility. This area while not appearing to be in close proximity to quarrying activity or having the distinct overburden apparent in Survey Unit 1 was found to be also a highly disturbed. The land surface covered by grass and largely introduced vegetation consisted of small hillocks (Plates 3 and 4).

During Survey Unit 2 the area along an eastern facing promontory was also examined. It was here outside the study area a small deflated midden was observed (Plate 5). The midden location can be seen in Figure 7.1.

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7.2.3 Survey Unit 3 Survey Unit 3 a south-west transect of approximately 400 metres was walked. A small densely grassed and vegetated drainage line that contained water was observed leading to a narrow inaccessible ocean inlet. The only surface visibility was on a track that ran parallel to the coastline with nil visibility away from it. The area comprised of steeply sloping land and to create a level surface the track had been cut into the embankment. This gave an excellent chance to observe the soil profile over the majority of the transect. No shell was seen in the soil, which being dark brown and high in humus would have provided excellent contrast and visibility.

In this area a remnant of European built stone wall was observed (Plate 6). The wall, that ran roughly north - south had been cut through to create the track. Sections of the wall remained on both sides of the track. The exact length of either section could not be established because of dense vegetation, mainly lantana that covered it. As a large quarry embankment could be seen approximately fifty metres away, this would be the maximum possible northerly extent of the wall while a steep slope ended in a cliff approximately fifty metres away would limit the southern wall extent (Plates 7 and 8). The location of the wall is shown in Figure 7-1.

7.2.4 Survey Unit 4 Approximately 100 metres to the west of Survey Unit 4 is Killalea Lagoon, an area that would have been most likely an important resource area for Aboriginal people. The vehicle was used to drive the perimeter of the study area for a distance of approximately 400 metres. The road was on the edge of the quarry operations while the area proposed for quarrying was steeply sloping and densely vegetated. Regular stops were made along this transect for observation. The area could not be accessed because of this steepness of slope (1:1) and the density of vegetation ruled out any potential for surface visibility. It is considered most likely that this steep slope consists mainly of overburden from earlier quarrying operations, the vegetation consisting of lantana and bitou bush confirmed this was disturbed landscape and therefore potential for archaeological material to exist is nil (Plates 9 and 10).

7.2.5 Survey Unit 5 This area was surveyed on foot using an early now unused and unsurfaced quarry road. It is likely this was an early quarry entrance road. The area away from the track was covered in dense pasture grasses, lantana and other introduced species that ruled out any surface visibility away from the track. Another track, completely overgrown was observed. Like other areas of the quarry that from the aerial photographs appeared to offer potential the ground surface, covered in pasture grasses and lantana, consisted of small unnatural

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hillocks and mounds. This landform indicated that considerable surface disturbance had taken previously place (Plates 10 and 11).

7.2.6 Survey Unit 6 This Survey Unit focussed on a small dam north of the haul road and to the north west of the weighbridge. While the majority of the area was covered in dense vegetation near the dam an unsealed track with areas of surface exposure was inspected. An aggrading surface; there was no evidence of Aboriginal cultural heritage material and it was considered that the area was highly disturbed. Plate 12

7.2.7 Survey Unit 7 This Survey Unit lies to the north of and is bounded to the south by the haul road. Within the Survey Unit running parallel and adjacent to the haul road is an embankment created as a buffer to the quarry operations and road. To the north of the embankment the area presents as grazing land, covered in pasture grasses where there are no remaining stands of native vegetation. A modern stockyard is close to the road in the western sector. This area was traversed on foot with two transects. Two drainage lines were observed which had been modified by the construction of three small dams. The drainage lines including the dam walls were heavily vegetated. The density of pasture grass provided nil visibility. The embankment had some small areas of exposure, while the embankment is a recent creation, these exposures were still examined with no Aboriginal cultural heritage material observed. An overgrown track that appears to be close to the northern extent of the study area was walked with some small area of exposures seen with no evidence again of cultural material. Plates 13 and 14.

7.3 Survey Results – Aboriginal Cultural Heritage

No Aboriginal cultural heritage sites were located within the study area. Outside the study area one midden was recorded with DECCW Site Card for lodgement (Appendix 5).

7.4 Survey Results – European Historic

Sections of a dry stone wall were noted in Survey Unit 3. The wall has been damaged by the construction of a track and the removal of stone capping. The northern and southern extents could not be determined because of lantana covering the wall. It is estimated that the large quarry embankment limited the northern extent and the cliff limited the southern indicating that the maximum length of the wall would be approximately 100 metres.

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8.0 ARCHAEOLOGICAL POTENTIAL

The following section considers the likelihood of archaeological sites occurring across the study area and assigns a probability factor: nil; low; medium; and high.

8.1 Aboriginal Cultural Heritage

It is considered with regards to Aboriginal heritage the archaeological potential of the study area overall is considered to be nil to low. See Figure 8.1

The eastern portion of the study area (Survey Unit 1) has been significantly impacted on by quarrying operations. It is considered that the site (52-5-0144) is not within the study area. The site was recorded by Bowdler in surveying for the Bass Point Reserve that adjoins the quarry. No evidence of midden material was visible within the study area. It is possible there are sub-surface deposits extending from the Reserve however the use of this sector of Bass Point over the last 160 years for quarrying would most likely detrimentally affect the archaeological integrity of the site. Archaeological potential: nil

The southern portion of the study area (Survey Units 2 and 3) has also been impacted upon by quarrying operations. While a small midden was located outside the study area close to a seaward point of land, the actual study area was found to have few attributes indicating a favoured site. The locale consisted of quarry impacted areas and some natural land surfaces. Some surface visibility was present along tracks and as a result of sheet erosion. Natural land surfaces were sloping and away from easily accessible rock platforms. Those rock platforms that were accessible were below steep cliffs, small and south facing. Archaeological potential: nil

The western portion of the study area (Survey Units 4 and 5) was marked by a steep, high embankment of overburden. There was an area of gently sloping land to the west of this and while there was possible potential for sites to occur the density of vegetation with nil surface visibility precluded effective surveying. This area while adjacent Killalea Lagoon to the north has been cleared of trees with the area covered in dense grasses and introduced species. Archaeological potential: low

The northern portion of the study area (Survey Units 6 and 7) is marked by a high embankment built to provide a buffer to quarry operations. A small area to the south of the embankment and the haul road was found to have nil potential. To the north of the embankment is an area that is currently used for grazing cattle. This area has been cleared of native vegetation and is currently covered by

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dense pasture grasses with three small dams constructed to utilise the two drainage lines. With a north facing aspect, gentle slope and drainage lines the area may have been used by Aboriginal people. It has however been considerably altered by early clearing and subsequent use for agricultural purposes. Of consideration also is that the location of the Aboriginal camp of the late nineteenth and early twentieth century at Bass Point is unknown raising the possibility of artefacts from that period to be present. Archaeological potential: low

8.2 European Cultural Heritage

The only European Cultural Heritage Item observed was the remnant dry stone wall in the southern portion of the study area (Survey Unit 3). While vegetation cover precluded determining the exact length of the wall, the presence of the quarry operations to the north and a sea cliff to the south limits its length.

The remainder of the study area showed little potential for European cultural heritage material to remain. Archaeological potential: nil - low

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Figure 8-1: Areas of Aboriginal Archaeological Potential

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9.0 DISCUSSION

9.1 Aboriginal Cultural Heritage

In terms of Aboriginal cultural heritage it is considered that overall the area has nil to low potential to contain archeologically significant material. The degree of disturbance caused by quarrying operations over the past one hundred and sixty years, both on large and small scales has significantly altered the landscape. In considering the proximity to the significant Bass Point midden sites it is considered that only the area near Killalea Lagoon and north of the haul road would have presented as a favoured environment prior to European settlement. The southern shorelines are exposed to the environment with high cliffs and limited access to the rock platforms below.

9.2 European Cultural Heritage

The only European cultural heritage item located was a dry stone wall. Dry stone walls have also been recorded around the nearby Killalea area (Benavente et al. 1996:66) and are a common feature of the Kiama area, approximately seven kilometres to the south of the study area.

Dry stone walls were constructed by early settlers to utilise the abundant polymorphic stone that was found during clearing and tilling on newly established farms (NSW Heritage Office - Rural Heritage). The earliest walls were simple construction built by farmers unskilled in the techniques. The later dry stone walls in the Killalea area were reputedly built by two men, Michael Toohey and Maurice Galleon (Benavente et al. 1996:63) while the walls around Kiama were predominately the work of Thomas Newing. The skilled wall builders used the double-dyke or twin-skin technique. This consisted of tapering outer walls, an infill of rubble and a capping stone (Roads and Traffic Authority).

The wall located during the survey appears to have been built using this method although the capping stones are missing. The wall was approximately one metre high, 1.5 metres across the base tapering to .5 metres at the top. The wall had been cut through by the construction of the track. To the north of the track it could be seen extending for approximately eight metres before being covered in lantana. To the south of the track it could be seen for approximately three metres before being covered by lantana. It is anticipated the maximum length of the wall would be around 100 metres (Plates 15 & 16).

For the study area overall in terms of European cultural heritage quarrying activities have again affected the potential for artefacts to remain.

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10.0 ARCHAEOLOGICAL SIGNIFICANCE ASSESSMENT

The term ‘archaeological significance ‘ (also referred to as scientific significance) is a value allocated to Aboriginal heritage sites by archaeologists to help determine appropriate management strategies and mitigation recommendations for their ongoing care and management.

10.1 Archaeological Significance

The archaeological significance given to a site, or area in the absence of identified sites, is based on several criteria. The criteria includes an assessment of the site, PAD or general subject area for its;

• rarity in a local and regional context • representativeness in a local and regional context • Integrity in a local and regional context • Connectedness in a local and regional context • Complexity in a local and regional context • Ability to contribute to the archaeological understanding of the cultural sequence in a local and regional context

When each of these criteria have been assessed, a score is determined which is used to provide an overall summary of the archaeological significance. As no sites (including PADs) were located on the survey, the archaeological significance of the subject area is discussed and assessed instead.

Rarity: This criterion examines the site type against those occurring in the local and regional context. If the site type being assessed is considered to be rare at either regional or local levels, this raises its importance in the archaeological record. In Australia, the most common site type is an artefact scatter. For the local area, the most common site type is a midden. Based on the nature and disturbance of the subject area it has been identified has having low significance for rarity. Representativeness: This criterion relates to determining if the site can be characterised as representative of the site (types, integrity etc) present in the local and regional context. The purpose of this is to conduct further investigations on a sample of sites within a given area, in order to add to the archaeological understanding of the area, but to leave a representative sample in situ for future generations.

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Based on the nature and disturbance of the subject area there is a low significance for representativeness. Integrity: This criterion refers to how undisturbed and intact a site (PAD) is. The analysis of a site with integrity can provide information relating to chronology, social systems, tool technology, site formation, site of the clan/tribe occupying the area, how often the area was used and many more levels of analysis. If a site has been subject to moderate to large degrees of disturbance, it has a low probability of retaining integrity, and thus the information able to be obtained from the site is reduced dramatically. Based on the nature and disturbance of the subject area, the subject area has been identified has having nil significance for integrity. Connectedness: The connectedness criterion relates to the relationship between a site and others in the local and regional environment. If a site is determined to have connectedness with other sites, the depth of knowledge that can be obtained from the connected sites increases and can be used to develop an understanding of more Traditional practices that cannot be identified by looking at one site in isolation. The connectedness could relate to age, the landform in which they are contained, the contents of the sites etc. This criterion is often used to ascertain without subsurface investigations. Based on the nature and disturbance of the subject area it is considered as having low significance for connectedness. Complexity: The complexity criterion relates the contents of the site. This may relate to a high number of artefacts per square metre or features which can add to the layer of information that can be obtained from a site (e.g. hearths, knapping floors, ochres etc). Based on the nature and disturbance of the subject area it has been identified has having low significance for complexity. Contribute to Knowledge: The ability of a site to contribute to knowledge is largely dependant on the site having moderate to high significance assessments for the other criteria, especially the connectedness, complexity, rarity and integrity. The reason for this is the ability to contribute to knowledge requires ‘new’ knowledge to be drawn from the site and add to the local and/or regional context. Based on the low assessment from each of the previous criteria and the level of disturbances, the subject area has been determined to have a low significance level for ability to contribute to knowledge.

The overall archaeological significance of the subject area is therefore assessed to be nil to low.

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10.2 Cultural Significance

This can only be determined by Aboriginal community. Cultural significance is determined by the local Aboriginal community. Their response can be found at Appendix 6.

10.3 European Historic Significance Assessment

The dry stones walls within the Shellharbour area are not listed on that Council’s Local Environment Plan 2000 (Schedule 3 Heritage Items) or Rural Local Environment Plan 2004 (Schedule 4 Heritage Items).

Dry stone walls are a common and unique sight within the Kiama area with 379 walls recorded (NSW Heritage Office - Rural Heritage). Dry stone walls are also recorded and protected within the nearby Killalea State Recreation Area. The dry stone wall within the study area is a remnant having been damaged during track building and most likely early quarrying to the north while the removal of stone capping has also lead to a loss of structural integrity. The following NSW Heritage Criteria is used to assess the significance of the wall.

NSW Heritage Branch Significance Assessment Criterion

Criterion (a) An item is important in the course, or pattern, of NSW’s cultural or natural history (or the cultural or natural history of the local area); The dry stone wall does not satisfy this criterion.

Criterion (b) An item has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history (or the cultural or natural history of the local area); The dry stone wall does not satisfy this criterion.

Criterion (c) An item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in NSW (or the local area); The dry stone wall does not satisfy this criterion.

Criterion (d) An item has strong or special association with a particular community or cultural group in NSW (or the local area) for social, cultural or spiritual reasons; The dry stone wall does not satisfy this criterion.

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Criterion (e) An item has potential to yield information that will contribute to an understanding of NSW’s cultural or natural history (or the cultural or natural history of the local area); The dry stone wall does not satisfy this criterion.

Criterion (f) An item possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history (or the cultural or natural history of the local area); The dry stone wall does not satisfy this criterion.

Criterion (g) An item is important in demonstrating the principal characteristics of a class of NSW’s; cultural or natural places; or cultural or natural environments, or a class of the local area’s cultural or natural places; or cultural or natural environments. The dry stone wall does not satisfy this criterion.

As such the contextual relationship of the dry stone wall to its original place and functionality has been disturbed over many years through quarrying operations over 160 years. In addition the wall has been breached at several locations. The proposed new quarrying works will further disconnect the unit from its original surroundings.

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11.0 IMPACT ASSESSMENT

The results of the detailed survey and review of environmental and archaeological data indicates that the study area has very little archaeological potential.

11.1 Impact Assessment for the Proposed Development

The proposed development, an extension of quarrying activities will cause a significant if not total alteration and/or removal of the land surface over the study area.

It is considered that in terms of Aboriginal cultural heritage the proposed activity in the eastern and southern sectors will not impact upon any Aboriginal cultural heritage sites.

There is a low possibility that sites may occur in the northern and western sectors. Whilst the area was suitable for Aboriginal occupation in the past subsequent land management practices would have severely impacted on these sites and any integrity of potentially remaining archaeological material.

In terms of European cultural heritage if the quarry extension is to extend south towards the location of the dry stone wall it will have a negative impact upon it. In assessing the drystone wall against NSW Heritage Branch criteria it is considered that it has no heritage significance and can be removed if necessary.

There are no other known areas of heritage that will be negatively impacted on.

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12.0 RECOMMENDATIONS

The management recommendations that stem from this archaeological assessment are based on the legislation designed to address the impact of development upon sites of cultural significance.

12.1 Aboriginal Community Consultation

Recommendation 1 Liaison established with the registered Aboriginal stakeholders and other interested parties as per the DECCW Interim Community Consultation Guidelines for Applicants (2004) during this project should be maintained until the report is adopted. The Community Response is at Appendix 6.

12.2 Aboriginal Archaeological Management

No Aboriginal cultural heritage sites were located during the survey of the study area however in general during the course of construction work:

Recommendation 2 If it is suspected Aboriginal cultural heritage material has been encountered, work should cease immediately. The Department of Environment, Climate Change and Water (DECCW) and the Illawarra Local Aboriginal Land Council should be notified. Works should only recommence when an appropriate and approved management strategy has been agreed to by all of the relevant stakeholders.

Recommendation 3 In the event that skeletal remains are uncovered whilst operations are underway, work is to stop in the vicinity immediately and the NSW Coroner’s Office and NSW Police contacted. If skeletal remains are deemed to be of Aboriginal origin, a representative of the local Aboriginal Community (ILALC) and the DECCW are to be contacted.

12.3 European Heritage

One European cultural heritage site, a dry stone wall was located. If the wall is to be adversely affected it is recommended that:

Recommendation 4 Before removal the dry stone wall should be recorded. This would include archival standard photography, measurement and spatial location.

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13.0 REFERENCES

Attenbrow, V. 1976. Aboriginal Subsistence Economy on the far South Coast of New South Wales. Unpublished BA (Hons)Thesis. University of Sydney.

Australian Bureau of Meteorology.2009. http://www.bom.gov.au/climate/averages/tables/cw_068038.shtml. Accessed on 13 October 2009.

Bayley, W. 1959. Green Meadows: Centenary History of Shellharbour Municipality. Shellharbour, NSW.

Benavente, M. et al. 1996. Killalea. A European history of the Killalea State Recreation Area. Southern Skills Training Company.

Bird C. and Frankel, D. 1991. Problems in constructing a prehistoric regional sequence: Holocene South east Australia. World Archaeology 23:2. Chronology (Oct. 1991) 179-192.

Bonhomme, T. 1985 An archaeological sites survey of Shellharbour waste disposal depot, Dunmore, NSW. An unpublished report to Shellharbour Municipal Council.

Bowdler, S. 1970. Bass Point. The excavation of south east Australian shell midden showing cultural and economic change. Unpublished BA (Hons) Thesis. University of Sydney.

Bowdler, S. 1976. Hook, line and dillybag: An interpretation of an Australian shell midden. Mankind 10:248-258.

Bowdler, S. 1981. Bass Point: Aboriginal relics within the proposed state recreation area, NSW. Unpublished report to National Parks and Wildlife Service of NSW.

The Burra Charter: The Australian ICOMOS Charter for Places of Cultural Significance. 1999.

Cousins, A. 1994. Garden of NSW. A history of the Illawarra and Shoalhaven. Illawarra Historical Society. 2nd Edit.

Dallas, M & Navin, K 1987. Archaeological survey along the southern foreshore of Lake Illawarra and on Bevans, Picnic, Beragaree and Werrang Islands. Unpublished report to Shellharbour Municipal Council.

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Flood, J. 1999. Archaeology of the Dreamtime. Angus and Robertson. Sydney.

Hiscock, P. and Attenbrow, V. 2002. Reduction continuum in Eastern Australia: Measurements and Implications at Capertee 3. In Sean Ulm (ed.) Barriers, Borders, and Boundaries. Tempus. 7:167-174.

Hiscock P and Attenbrow, V. 2004. A revised sequence backed artefact production at Capertee 3, NSW. Archaeology in Oceania 39:94-99.

Lilley, I. 1987. A reappraisal of the archaeological impact of the proposed Princess Highway reconstruction – Minnamurra River to Bombo, Kiama.

NSW Heritage Manual. 1996. NSW Heritage Office. Sydney.

Holdaway, S. and Stern, N. 2004. A Record in Stone. The study of Australia’s flaked stone artefacts. Aboriginal Studies Press. Canberra.

Hughes, P. J. 1977. A geomorphological interpretation of selected archaeological sites in southern coastal NSW. PhD thesis. University of New South Wales, Sydney.

McIntyre, S. 1985. A preliminary archaeological survey of the Illawarra Bicentenary Boat harbour at Shellharbour NSW. Unpublished report to Gutteridge, Haskins and Davey.

Mandis Roberts Consultants. 2000. Bass Point Reserve: Draft Plan of Management: Volume A.

Navin, K. 1987. What hasn’t happened to Lake Illawarra? Honours Thesis. ANU.

Navin, K. 1989.An archaeological investigation of a proposed development area at Dunmore, NSW. An unpublished report to Martin Morris & Jones.

Navin Officer Heritage Consultants. 2000. Shellharbour City Council Aboriginal Heritage Study.

NSW Heritage Office. Rural Heritage. Kiama turns to stone. http://www.heritage.nsw.gov.au/heritagensw/aut01/9_art.htm. Accessed on 13 October 2009.

Roads and Traffic Authority. Appendix H – Impact on dry stone walls from proposed construction of north bound Princes Highway On-Ramp Bland Street, West Kiama.

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http://www.rta.nsw.gov.au/constructionmaintenance/downloads/southcoast/kiama _ramps_apx_h_sohi.pdf. Accessed on 13 October 2009.

Organ, M & Speechley, C. 1997. Illawarra Aborigines – An Introductory History. University of Wollongong. Wollongong.

Organ, M. 1990. Illawarra and South Coast Aborigines 1770 – 1850. Aboriginal Education Unit. University of Wollongong.

Poiner, G. 1976. The process of the year amongst Aborigines of the Central and South Coast of New South Wales. Archaeology and Physical Anthropology in Oceania 11 (3) 186-206.

Sefton, C. 1980. Aboriginal Cultural Resources Study. Illawarra Regional Planning Committee.

Short, 2000. Sydney’s Dynamic Landscape’, in Sydney – Emergence of a World City, (ed). J. Connell, Oxford University Press, Melbourne.

Silcox, R. 1990. Archaeological assessment of Aboriginal and historical sites on the proposed north Kiama by-pass between Dunmore and Bombo, Kiama, NSW. Unpublished report to Connell Wagner.

Sullivan, K. M. 1977 Minnamurra Estuary Investigation. Unpublished report to NPWS.

Wesson, S. nd. Murni Dhungang Jirrar. Living in the Illawarra. Illawarra Region Aboriginal Heritage Study.

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14.0 PLATES

Plate 1: Survey Unit 1 – reported location of site (52-5-0144) with view east toward Bass Point Reserve

Plate 2: Survey Unit 1 - looking north along study area toward quarry infrastructure.

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Plate 3: Survey Unit 2 – looking south east across disturbed area.

Plate 4: Survey Unit 2 – ground surface.

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Plate 5: Survey Unit 2 – small midden outside study area.

Plate 6: Survey Unit 3 – looking east along track drainage line visible in foreground.

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Plate 7: Survey Unit 3 - embankment displaying surface visibility.

Plate 8: Survey Unit 3 – Looking east with stone wall visible in foreground and cliffs in background.

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Plate 9: Survey Unit 4 – looking north east overburden in centre.

Plate 10: Survey Unit 4 - looking north-west over Killalea Lagoon.

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Plate 11: Survey Unit 5 – looking east toward quarry.

Plate 12: Survey Unit 5 – looking south. Current quarry site on left of picture with Killalea Lagoon on right.

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Plate 13: Survey Unit 6 – looking west with dam in centre back of photograph.

Plate 14: Survey Unit 7 – looking south east showing embankment built as buffer to quarry operations.

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Plate 15: Survey Unit 7 – view north showing small dam in centre of photograph.

Plate 16: Northern section of the wall. Quarry overburden visible to the rear of photograph.

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Plate 17: Northern section of wall. Note absence of stone capping.

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APPENDIX 1

Legislative Requirements

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SUMMARY OF STATUTORY CONTROLS

The following overview of the legal framework is provided solely for information purposes for the client, it should not be interpreted as legal advice. RPS Harper Somers O’Sullivan will not be liable for any actions taken by any person, body or group as a result of this general overview, and recommend that specific legal advice be obtained from a qualified legal practitioner prior to any action being taken as a result of the summary below.

COMMONWEALTH

Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act), Amendment 2006

The purpose of this Act is to preserve and protect all heritage places of particular significance to Aboriginal and Torres Strait Islander people. This Act applies to all sites and objects across Australia and in Australian waters (s4).

It would appear that the intention of this Act is to provide national baseline protection for Aboriginal places and objects where State legislation is absent. It is not to exclude or limit State laws (s7(1)). Should State legislation cover a matter already covered in the Commonwealth legislation, and a person contravenes that matter, that person may be prosecuted under either Act, but not both (s7(3)).

The Act provides for the preservation and protection of all Aboriginal objects and places from injury and/or desecration. A place is construed to be injured or desecrated if it is not treated consistently with the manner of Aboriginal tradition or is or likely to be adversely affected (s3).

THE AUSTRALIAN HERITAGE COMMISSION ACT 1975

The Australian Heritage Commission Act 1975 established the Australian Heritage Commission which assesses places to be included in the National Estate and maintains a register of those places. Places maintained in the register are those which are significant in terms of their association with particular community or social groups and they may be included for social, cultural or spiritual reasons. The Act does not include specific protective clauses.

The Australian Heritage Council Act 2003 together with The Environment Protection and Biodiversity Conservation Act 1999 (Amended) includes a National Heritage List of places of National heritage significance, maintains a Commonwealth Heritage List of heritage places owned or managed by the Commonwealth and ongoing management of the Register of the National Estate.

STATE

It is incumbent on any land manager to adhere to legislative requirements that protect indigenous culture heritage in NSW. The relevant legislation includes but is not limited to:

National Parks & Wildlife Act 1974 (NPW Act), Amended 2001.

The DECC issued their Interim Community Consultation Requirements in January 2005 to replace all previous consultation guidelines that related to Part 6 of the NPW Act 1974.

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The requirement of the guidelines is for the proponent, or consultant for the proponent, to contact the Local Aboriginal Land Council(s), Registrar of Aboriginal Owners, Native Title Services, local councils and the DECC, to request contact information for any/all potential Aboriginal people/groups with an ancestral interest in the cultural heritage of the project area.

The NPW Act provides statutory protection for all Aboriginal relics (not being a handicraft made for sale), with penalties levied for breaches of the Act. Part 6 of this Act is the relevant part concerned Aboriginal objects and places, with the Section 86 and Section 90 being the most pertinent:

Section 91: Under Section 91 of the Act it stipulates that a person who is aware of unregistered Aboriginal sites must report these to the DECC, regardless of the land status (Freehold, leasehold, Crown land).

Section 90: “A person who, without first obtaining the consent of the Director-General, knowingly destroys, defaces or damages, or knowingly causes or permits the destruction or defacement of or damage to, an Aboriginal object or Aboriginal place is guilty of an offence against this Act.” Under s.5 of the Act “object” means any deposit, object or material evidence (not being a handicraft made for sale) relating to indigenous habitation of the area. This applies to habitation both prior to and concurrent with the occupation of that area by persons of non Aboriginal extraction, and includes Aboriginal remains.

Section 87: Preliminary Research Permits issued under Section 87 of the Act, allow the permit holder to conduct investigations of areas considered to be potential sites for the purpose of research, and also for conservation work associated with known sites.

Impact Permits issued under Section 90 of the Act are for salvaging sites prior to ground disturbance works associated with construction. Any disturbance, damage or destruction of Aboriginal sites, known or unknown, is considered to contravene the NPW Act (1974) and the DECC will pursue the person/company responsible.

Penalties under these two sections are currently 50 penalty units, or 6 months in gaol, or both for an individual and 200 penalty units for a corporation. The DECC record all S.87 and S.90 permits issued in order to manage Aboriginal sites and ensure representative samples of sites are left in situ for future generations. In order to achieve this, the DECC need to be made aware of all Aboriginal sites located in NSW.

Section 86: This section of the Act states that “A person, other than the Director-General or a person authorised by the Director-General in that behalf, who:

(a) disturbs or excavates any land, or causes any land to be disturbed or excavated, for the purpose of discovering an Aboriginal object, (b) disturbs or moves on any land an Aboriginal object that is the property of the Crown, other than an Aboriginal object that is in the custody or under the control of the Australian Museum Trust, (c) takes possession of an Aboriginal object that is in a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, (d) removes an Aboriginal object from a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, or

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(e) erects or maintains, in a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, a building or structure for the safe custody, storage or exhibition of any Aboriginal object, except in accordance with the terms and conditions of an unrevoked permit issued to the person under section 87, being terms and conditions having force and effect at the time the act or thing to which the permit relates is done, is guilty of an offence against this Act.”

Section 84: Aboriginal places of traditional significance (that may or may not contain archaeological material) are given protection under Section 84 of the NPW Act. To be an Aboriginal place for the purposes of this Act, this is a place that, in the opinion of the Minister, is or was of special significance with respect to Aboriginal culture.

ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979 (EP&A ACT)

This Act regulates a system of environmental planning and assessment for New South Wales. Land use planning requires that environmental impacts are considered, including the impact on cultural heritage and specifically Aboriginal heritage. Within the EP&A Acts, Parts III, IV, and V relate to Aboriginal heritage.

Part III regulates the preparation of planning policies and plans. Part IV governs the manner in which consent authorities determine development applications and outlines those that require an environmental impact statement. Part V regulates government agencies that act as determining authorities for activities conducted by that agency or by authority from the agency. The National Parks & Wildlife Service is a Part V authority under the EP&A Act.

In brief, the NPW Act provides protection for Aboriginal objects or places, while the EP&A Act ensures that Aboriginal cultural heritage is properly assessed in land use planning and development.

Part 3A of the EPA relates to major projects, and if applicable, obviates the need to conform to other specific legislation. In particular, s75U of the EPA Act explicitly removes the need to apply for s87 or s90 permits under the NPW Act. This means that although Aboriginal cultural heritage is considered during the planning process, a permit is not required to disturb or destroy an Aboriginal object or place. However, the Director- General of Planning must nonetheless consult with other government agencies, including DECC and National Parks & Wildlife, prior to any decision being made.

THE HERITAGE ACT 1977

This Act protects the natural and cultural history of NSW with emphasis on non- indigenous cultural heritage through protection provisions and the establishment of a Heritage Council. Although Aboriginal heritage sites and objects are primarily protected by the National Parks & Wildlife Act 1974 (NPW Act), Amended 2001, if an Aboriginal site, object or place is of great significance, it may be protected by a heritage order issued by the Minister subject to advice by the Heritage Council.

Other legislation of relevance to Aboriginal cultural heritage in NSW includes the NSW Local Government Act (1993). Local planning instruments also contain provisions relating to indigenous heritage and development conditions of consent.

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APPENDIX 2

Consultation Log

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APPENDIX 3

AHIMS Results

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APPENDIX 4

Glossary of Site Types

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GLOSSARY OF SITE TYPES

The following is a brief description of most Aboriginal site types.

Artefact Scatters Artefact scatters are defined by the presence of two or more stone artefacts in close association (i.e. within fifty metres of each other). An artefact scatter may consist solely of surface material exposed by erosion, or may contain sub-surface deposit of varying depth. Associated features may include hearths or stone-lined fireplaces, and heat treatment pits.

Artefact scatters may represent:

• Camp sites: involving short or long-term habitation, manufacture and maintenance of stone or wooden tools, raw material management, tool storage and food preparation and consumption; • Hunting or gathering activities; • Activities spatially separated from camp sites (e.g. tool manufacture or maintenance); or • Transient movement through the landscape.

The detection of artefact scatters depends upon conditions of surface visibility, including vegetation cover, ground disturbance and recent sediment deposition. Unfavourable conditions obscure artefact scatters and prevent their detection during surface surveys.

Bora Grounds Bora grounds are a ceremonial site associated with initiations. They are usually comprise two circular depressions in the earth, and may be edged with stone. Bora grounds generally occur on soft sediments in river valleys, although they may also be located on high, rocky ground in association with stone arrangements.

Burials Human remains were often placed in hollow trees, caves or sand deposits and may have been marked by carved or scarred trees. Burials have been identified eroding out of sand deposits or creek banks, or when disturbed by development. The probability of detecting burials during archaeological fieldwork is extremely low.

Culturally Modified Trees Culturally modified trees include scarred and carved trees. Scarred trees are caused by the removal of bark for use in manufacturing canoes, containers, shields or shelters. Notches were also carved in trees to permit easier climbing. Scarred trees are only likely to be present on mature trees remaining from original vegetation. Carved trees, the easiest to identify, are caused by the removal of bark to create a working surface on which engravings are incised. Carved trees were used as markers for ceremonial and symbolic purposes, including burials. Although, carved trees were relatively common in NSW in the early 20th century, vegetation removal has rendered this site type extremely rare. Modified trees, where bark was removed for often domestic use are less easily identified. Criteria for identifying modified trees include: the age of the tree; type of tree (the bark of many trees is not suitable, also introduced species would be unlikely subjects); axe marks (with the need to determine the type of axe - stone or steel – though Aborigines after

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settlement did use steel); shape of the scar (natural or humanly scarred); height of the scar above the ground (reasonable working height with consideration given to subsequent growth).

Fish Traps Fish traps comprised arrangements of stone, branches and/or wickerwork placed in watercourses, estuaries and along coasts to trap or permit the easier capture of sea-life.

Grinding Grooves Grinding grooves are elongated narrow depressions in soft rocks (particularly sedimentary), generally associated with watercourses, that are created by the shaping and sharpening of ground-edge implements. To produce a sharp edge the axe blank (or re-worked axe) was honed on a natural stone surface near a source of water. The water was required for lubricating the grinding process. Axe grinding grooves can be identified by features such as a narrow short groove, with greatest depth near the groove centre. The grooves also display a patina developed through friction between stone surfaces. Generally a series of grooves are found as a result of the repetitive process.

Isolated Finds Isolated finds occur where only one artefact is visible in a survey area. These finds are not found in apparent association with other evidence for prehistoric activity or occupation. Isolated finds occur anywhere and may represent loss, deliberate discard or abandonment of an artefact, or may be the remains of a dispersed artefact scatter. Numerous isolated finds have been recorded within the study area. An isolated find may flag the occurrence of other less visible artefacts in the vicinity or may indicate disturbance or relocation after the original discard.

Middens Shell middens comprise deposits of shell remaining from consumption and are common in coastal regions and along watercourses. Middens vary in size, preservation and content, although they often contain artefacts made from stone, bone or shell, charcoal, and the remains of terrestrial or aquatic fauna that formed an additional component of Aboriginal diet. Middens can provide significant information on land-use patterns, diet, chronology of occupation and environmental conditions.

Mythological / Traditional Sites Mythological and traditional sites of significance to Aboriginal people may occur in any location, although they are often associated with natural landscape features. They include sites associated with dreaming stories, massacre sites, traditional camp sites and contact sites. Consultation with the local Aboriginal community is essential for identifying these sites.

Rock Shelters with Art and / or Occupation Deposit Rock shelters occur where geological formations suitable for habitation or use are present, such as rock overhangs, shelters or caves. Rock shelter sites generally contain artefacts, food remains and/or rock art and may include sites with areas of potential archaeological deposit, where evidence of rock-art or human occupation is expected but not visible. The geological composition of the study area greatly increases the likelihood for rock shelters to occur.

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Stone Arrangements Stone arrangements include lines, circles, mounds, or other patterns of stone arranged by Aboriginal people. These may be associated with bora grounds, ceremonial sites, mythological or sacred sites. Stone arrangements are more likely to occur on hill tops and ridge crests that contain stone outcrops or surface stone, where impact from recent land use practices has been minimal.

Stone Quarries A stone quarry is a place at which stone resource exploitation has occurred. Quarry sites are only located where the exposed stone material is suitable for use either for ceremonial purposes (e.g. ochre) or for artefact manufacture.

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APPENDIX 5

Site Card for Midden

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APPENDIX 6

Aboriginal Community Responses

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