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Landsborough to Nambour Rail Corridor Study

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'YPXYVEP,IVMXEKI Environmental Impact Statement -RXVSHYGXMSR relevant to heritage: This chapter presents a description of the process for ¨ The Aboriginal and Torres Strait Islander Heritage Protection identification and management of Aboriginal cultural heritage, Act 1984 provides Aboriginal people with the right to and the results of a Cultural Heritage Assessment (CHA) in request the federal Minister for Aboriginal Affairs to relation to historic cultural heritage values of the area associated intervene through an injunction in cases where they consider with the Landsborough to Nambour Rail Project (hereafter that their cultural heritage is at risk. The Act does not referred to as the project). Figure 10.1a shows the items of determine significance, or limit the type and place for which cultural significance relevant to the project area. protection is being sought. ¨ The Australian Heritage Council Act 2003 (AHC Act) %FSVMKMREPGYPXYVEPLIVMXEKI provides for the establishment of the Australian Heritage As the project requires an EIS, section 87 of the Aboriginal Council, which is the principal advisory group to the Cultural Heritage Act 2003 (ACH Act) states that the Australian Government on heritage issues. The AHC Act development of a Cultural Heritage Management Plan (CHMP) is also provides for registration of places considered of the process required through which management of Aboriginal national significance on the Australian Heritage Places cultural heritage would occur. This chapter provides a Inventory (AHPI). description of the development of the CHMP. The Native Title Act 1993 is the recognition in Australian law This chapter also outlines contact and discussions required with that some Indigenous people continue to hold rights to their the current Indigenous stakeholders associated with the project lands and waters, which come from their traditional laws and area during the later stages of assessment. As prescribed by the customs. Native title exists as a bundle of rights and interests Aboriginal Cultural Heritage Act 2003, in order to facilitate in relation to land and waters where the following conditions consultation to provide effective recognition, protection and are met: conservation of Aboriginal cultural heritage and compliance ¨ The rights and interests are possessed under the traditional with the duty of care under the ACH Act, it is vital that the laws currently acknowledged and the traditional customs appropriate Aboriginal Party for land within the project currently observed by the relevant Indigenous people. area be accurately identified and notified at the time of the ¨ Those Indigenous people have a ‘connection’ with the area development proposal. in question by those traditional laws and customs. 6IPIZERXPIKMWPEXMSRERHTSPMG] ¨ The rights and interests are recognised by the common law of Australia. At the national level, the Environment Protection and Biodiversity Conservation Act 1999 is now the key national heritage legislation and is administered by the Commonwealth Department of the Environment, Water, Heritage and the Arts. In addition to this Act, the following pieces of legislation are Landsborough to Nambour Rail Project 337 'YPXYVEP,IVMXEKI'YP'Y'P' P Native title has its source in the body of law and custom A person who carries out an activity is taken to have complied acknowledged and observed by the claimant’s ancestors when with the cultural heritage care of duty if the person is acting: Australia was colonised by Europeans. Those laws and customs I. under the authority of another provision of this Act or must have been acknowledged and observed in a ‘substantially uninterrupted’ way from the time of settlement until now. II. under an approved cultural heritage management plan or The paramount legislation in Queensland, with regard to III. under a native title agreement or another agreement with Aboriginal cultural heritage issues, is the Aboriginal Cultural an Aboriginal party, unless Aboriginal cultural heritage is Heritage Act 2003, which states that a person who carries out expressly excluded from being subject to the agreement or an activity must take all reasonable and practicable measures to IV. in compliance with cultural heritage duty of care guidelines ensure the activity does not harm Aboriginal cultural heritage (Section 23(4) (a), p. 20) (the ‘cultural heritage duty of care’) (Section 23[1]). The Act defines cultural heritage as (S8): An approved CHMP is required when an EIS is initiated for a project, but also may be voluntary. Registration of an approved ¨ a significant Aboriginal area or Aboriginal object CHMP is gained through formal notifications and responses, ¨ evidence, of archaeological or historic significance, of consultation and agreement between the sponsor and the Aboriginal occupation of an area. Aboriginal parties, and finally through registration by the Chief A significant Aboriginal area is ‘an area of particular Executive of the Department of Environment and Resource significance to Aboriginal people’ because of either or both of Management. If approval is not given, or agreement is not the following: reached between parties, then an appeal period, mediation and finally involvement of the Land Court may follow. ¨ Aboriginal tradition ¨ the history, including contemporary history, of any ,MWXSVMGGYPXYVEPLIVMXEKI Aboriginal party for the area (S9). &EGOKVSYRHERHWGSTI The Act states that it is an offence for a person to harm, remove or possess cultural heritage if the person ‘knows or Following a review of the desktop Scoping Study undertaken ought reasonably to know that the object is Aboriginal cultural by the former Queensland Transport (now Department of heritage’ (S26). The ACH Act also states: Transport and Main Roads) in 2006, Converge conducted further and focussed cultural heritage assessment (CHA), including Without limiting the matters that may be considered by a court field survey at the stage of route identification and a Cultural required to decide whether a person has complied with the Heritage Chapter for the Route Identification Report was cultural heritage duty of care in carrying out an activity, the completed in January 2008. court may consider the following: The CHA was undertaken to qualify the presence of cultural a) The nature of the activity, and the likelihood of its causing heritage items within and proximal to the project area, and harm to Aboriginal cultural heritage. consider the impact of the proposed project and the residual b) The nature of the Aboriginal cultural heritage likely to be effects on these sites, precincts and character areas. This chapter harmed by the activity. presents the results of the contextual cultural heritage research and field survey within the project area, and includes: c) The extent to which the person consulted with Aboriginal parties about the carrying out of the activity, and the results ¨ discussion of the historical, archaeological and physical of the consultation. context of the project area ¨ consideration of what historic cultural heritage sites and d) Whether the person carried out a study or survey, of any places exist type, of the area affected by the activity to find out the location and extent of Aboriginal cultural heritage, and the ¨ understanding of levels of significance associated with each extent of the study or survey. of these sites and places e) Whether the person searched the database and register for ¨ assessment of the direct and indirect impact on any sites and information about the area affected by the activity. places of known heritage significance ¨ assessment of the impact on the visual amenity of any sites f) The extent to which the person has complied with cultural and places or precincts of known heritage significance heritage duty of care guidelines (Section 23(2), pp. 19-20). ¨ assessment of the impact on heritage precincts and towns in In the case where cultural heritage issues exist, a proponent can the project area move ahead with a mitigation program on the following basis. ¨ assessment of the impact on archaeological resources. 338 Environmental Impact Statement Figure 10.1a: Cultural Heritage !( ! BLI BLI ! !( NAMBOUR B r u ! c e N WOOMBYE H i D g E h RS w a EN ! y RO AD PALMWOODS ! TANAWHA ! R M E EUDLO O IV O R L AH ! O OL !( PALMVIEW ROA ! AH D LOOL MOOLOOLAH MOO ! !( LANDSBOROUGH MOOLOOLAH !( ATSI Heritage Sites Local Government !( Heritage Sites KING ROAD Community Identified !( Heritage Sites Preferred Route Centreline ER IV R Major Roads H A L O Existing Rail Line LO O O !( Creek M H UT National Trust Register SO Register of the National Estates Landsborough to Nambour Rail to Project Landsborough Cultural Heritage Precincts !( Local Government Heritage Areas Archaeological Potential Previously Unknown T U Sites & Places N N QLD Heritage Register E L QLD Rail Heritage Register R I D Cultural Heritage Impact Zone G E Cultural Heritage Project Area RO AD !( 339 !( KOW D A O R D O WO ER !( D AL !( C !( MYLA ROAD GA TTERA ROAD Data sourced from the Department of Transport REEK and Main Roads, and the Department of DLINGTON C ° AD Environment and Resource Management. Meters 0 200 400 600 !( !( !( !(!( LANDSBOROUGH !( ME Job Title LL REEK U M C Landsborough to Nambour !( !( !( !(!( !( Rail Project - EIS !( Drawing Title Cultural Heritage !( Scale at A3 Figure No !( !( 1:15,000 Fig. 10.1a - Sheet 1 of 4 Z \BNE\P j t 2\86000\86618\GIS\W k \2 EIS P li D i \EIS Fi \D ft 6 090119\ d\Fi 10 1 C lt l H it M t D6 090119 A3 d Whilst every care has been taken to ensure the accuracy
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