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Chapter 14 – Cultural Heritage 14 Cultural Heritage 14.1 Introduction The potential impacts and mitigation measures of the McArthur River Mine Phase 3 Development Project (the Project) relating to cultural heritage issues are discussed in this chapter. The Gudanji, Binbinga and Yanyula. people traditionally used the lands that the Project is located on. Aboriginal groups, including the Garawa, Mara and Alawa people, are also represented in Borroloola and its surrounding area. As members of the local community, these groups have historically been consulted about the McArthur River Mine (MRM) despite not being Traditional Owners of lands that are likely to be directly impacted by the Project. During the development of the existing operation, a number of Aboriginal site investigation studies have been undertaken and agreements made with the Traditional Owners. Additional site investigations have also been undertaken for the Project’s new footprint areas that are likely to be affected. 14.2 Legislative Framework 14.2.1 Commonwealth legislation Heritage sites are protected under the Commonwealth Government’s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and the Environment and Heritage Legislation Amendment Act (No 1) 2003. The legislation places constraints on archaeological and historic sites. The National Heritage List and the Register of the National Estate provide lists of heritage sites protected under this legislation. The Aboriginal Land Rights Act 1976 (ALRA) is the Commonwealth legislation under which the Northern Territory Government makes laws to ensure the protection of Aboriginal sacred sites. 14.2.2 Northern Territory legislation The Northern Territory Heritage Conservation Act 2000 places legal constraints on the owners of private property, local government and the Crown. Declared heritage places and objects are listed in the Northern Territory Heritage Register and are protected under the Act. Prescribed archaeological places that may, or may not be declared are also protected under the Act. It is an offence to damage, destroy carry out work on, or alter a declared or prescribed site without the written consent of the Heritage Minister or the Minister’s Delegate. The Northern Territory Aboriginal Sacred Sites Act 1989 is designed to protect Aboriginal sacred sites in the Northern Territory in accordance with the previously mentioned ALRA Commonwealth legislation. It is administered by the Aboriginal Areas Protection Authority (AAPA). 14.2.3 The Aboriginal Areas Protection Authority The AAPA is a statutory authority of the Northern Territory Government, established under the Northern Territory Aboriginal Sacred Sites Act 1989 in accordance with the Commonwealth ALRA. The ALRA defines a sacred site as ‘a site that is sacred to Aboriginals, or is otherwise of significance to Aboriginals according to Aboriginal tradition’. Under the Northern Territory Aboriginal Sacred Sites Act 1989, the AAPA (AAPA, 2002) is required to: • receive requests for site protection from Aboriginal people • document the information provided in support of such requests • enter the documentation in a register • execute protection measures for all sacred sites. McArthur River Mine Phase 3 Development Project 14-1 Draft Environmental Impact Statement Chapter 14 – Cultural Heritage The AAPA is responsible for assessing development projects undertaken within the Northern Territory: • assessing the potential impact • issuing ‘clearance certificates’. An Authority Certificate is required under the Northern Territory Aboriginal Sacred Sites Act 1989, for any work proposed to be undertaken on land in the Northern Territory. The AAPA issues an Authority Certificate when it is satisfied that work can be undertaken without a high risk of damage to a sacred site, or when an agreement has been reached between Aboriginal custodians of any affected sites. For the existing McArthur River Mine operations, the AAPA has issued a number of Certificates. 14.3 Existing measures to protect Aboriginal cultural heritage The Project is located in an area of importance to Aboriginal people. MRM’s Community Relations and Environment team maintains a strong and positive working relationship with local Indigenous people and groups, that allow matters of Aboriginal cultural heritage to be addressed where mine related operations have the potential to disturb areas of high cultural value. In co-operation with Traditional Owners and Indigenous groups, MRM’s mine planning includes archaeological and ethnographic surveys. These surveys seek to preserve important cultural sites and to aid development of agreed salvage plans when disturbance is unavoidable. MRM includes a cultural heritage awareness component in its site induction for new employees and contractors that includes discussion regarding local cultural heritage issues and a related video. This program will be continued for all Project phases. The AAPA clearances discussed in Section 14.7.2 state what site avoidance measures need to be undertaken during the Project’s construction and operational activities. 14.4 Heritage Register Searches An online search of the Australian Heritage Database was undertaken for the place name of McArthur River and Bing Bong. The database search includes a number of Heritage listings and returns registered sites as well as locations under consideration to be added to any of the listings. The heritage listings included in the database are: • World Heritage List • National Heritage List • Commonwealth Heritage list • Register of the National Estate. 14.4.1 McArthur River search The McArthur River search returned three listings and a number of Indigenous places. All of the listings found were in the Register of the National Estate and are provided in Table 14-1. For legal status definitions, refer to Table 14-2. 14.4.1.1 Sir Edward Pellew Group and Surrounds, Borroloola, NT. The Sir Edward Pellew Group of islands and surrounding marine ecosystem, located 40 km to the north-east of Borroloola is comprised of island formations, seabeds, and coastal waters. In contrast to the mainland, the natural integrity of the area makes it an important reference point and benchmark for scientific research, due to limited human disturbance on the islands from activities such as pastoral pursuits. It is also an important habitat for a number of endangered species and species of biogeographic significance. A number of sites with Indigenous Values of National Estate significance are registered separately. McArthur River Mine Phase 3 Development Project 14-2 Draft Environmental Impact Statement Chapter 14 – Cultural Heritage Table 14-1 Results for Australian Heritage Database search for McArthur River. Place Place ID Heritage List Classification Legal Status Sir Edward Pellew Group and 16109 Register of the Natural Registered Surrounds, Borroloola, NT. National Estate Abner Range, Carpentaria Hwy, 18243 Register of the Natural Indicative Place Borroloola, NT. National Estate Caranbirini Waterhole Area, 19016 Register of the Natural Indicative Place Carpentaria Hwy, Borroloola, NT National Estate 3 x Indigenous Places 127, 130 & Register of the Indigenous Registered 133 National Estate 2 x Indigenous Places 128 & 131 Register of the Indigenous Removed from the National Estate Register or IL Table 14-2 Department of Sustainability, Environment, Water, Population and Communities (SEWPAC) definitions of legal status for the Register of National Estate Legal Status Definition Registered The place is in the Register of the National Estate. Although some places may be legally registered because they are within a larger registered area, they may not necessarily possess intrinsic significance. Indicative Place Data provided to, or obtained by, the Australian Heritage Council or the former Australian Heritage Commission, has been entered into the database and the place is at some stage in the assessment process. A decision on whether the place should be entered in the Register has not been made. Interim List IL The place was in the Interim List at 1 January 2004 when the Australian Heritage Commission was abolished. The place had been publicly proposed for entry in the Register. Removed from The place has been removed from the Register. the Register (Department of Sustainability, Environment, Water, Population and Communities 2010) 14.4.1.2 Abner Range, Carpentaria Hwy, Borroloola, NT. Abner Range covers 70,000 ha and is located approximately 40 km from the Project, partly bordering the eastern bank of the McArthur River. It is an ovaloid plateau, approximately 40km by 20 km that rises above the plains of the McArthur River system. Abner Range is considered one of the most extensive and spectacular developments of these formations in Australia and a geomorphological feature of international significance. Abner Range supports vegetation types of biogeographic importance that have high aesthetic values, particularly at protected springs and soaks at the bases of cliffs. The Register of the National Estate and AAPA lists many sites in the area based on evidence of Aboriginal occupation. 14.4.1.3 Caranbirini Waterhole Area, Carpentaria Hwy, Borroloola, NT Caranbirini Waterhole has an area of about 314 ha located 33 km south-west of Borroloola. Significance of the Waterhole is linked to the occurrence of a rare plant and a few rare and restricted fauna species in the area. The small waterhole has been formed where Caranbirini Creek cuts through a strike range of Roper Group sandstone. McArthur
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