2008 Bloomfield Open Cut Environmental

Appendix E Aboriginal Heritage Impact Assessment Bloomfield Colliery Completion of Mining and Rehabilitation Part 3A Environmental Assessment November 2008 BLOOMFIELD COLLIERY, HUNTER VALLEY, NEW SOUTH WALES: COMPLETION OF MINING AND REHABILITATION PROJECT - ABORIGINAL HERITAGE IMPACT ASSESSMENT A report to Bloomfield Collieries Pty Limited PO Box 4 EAST MAITLAND NSW 2323 by Peter J. Kuskie SOUTH EAST ARCHAEOLOGY Pty Ltd ACN 091 653 048 www.southeastarchaeology.com.au 24 Bamford Street HUGHES ACT 2605 Telephone: 02-6260 4439 September 2008 EXECUTIVE SUMMARY Bloomfield Collieries Pty Ltd has lodged a Part 3A Major Project application for the completion of open-cut coal mining and rehabilitation of areas within Mining Lease CCL761. The application area is located several kilometres south of East Maitland in the Lower Hunter Valley of New South Wales. It measures a total of 318 hectares and includes all of the existing Mining Operations Plan approved area, as well as a workshop area, an access road to the workshop and a haul road from the active mining area to the washery coal stockpile pad. South East Archaeology has been commissioned by Bloomfield Collieries to undertake an Aboriginal heritage impact assessment for this Part 3A Major Project application. The principal aims of the assessment were to identify and record any Aboriginal heritage evidence or cultural values within the study area, assess the potential impacts of the proposal on this evidence, assess the significance of this evidence, and formulate recommendations for the conservation and management of this evidence, in consultation with the local Aboriginal community. The investigation proceeded by recourse to the archaeological and environmental background of the locality, followed by a field survey undertaken with representatives of the local Aboriginal community, in accordance with the relevant Department of Environment and Climate Change (DECC) policies and Department of Planning (DoP) requirements. Approximately 210 hectares of the study area comprises land that has been extensively impacted by earthmoving works and building, such that there is negligible potential for any Aboriginal heritage evidence to survive. Apart from reconnaissance inspection, the Aboriginal heritage investigation subsequently focused on the remaining "unmodified area" of 108 hectares (land yet to be mined area immediately west of the S-Cut and southwest of the Creek Cut) in which there remains some potential for heritage evidence. The "unmodified" portion of the study area was subdivided and inspected within 26 environmentally discrete survey areas. The total survey coverage (ground physically inspected for heritage evidence) equated to approximately 15.4% of the unmodified study area. The total effective survey coverage (visible ground surface physically inspected, with potential to host heritage evidence) equated to around 1.9% of the unmodified study area. The level and nature of effective survey coverage is considered satisfactory to present an effective assessment of the Aboriginal heritage resources identified and potentially present within the study area. Even within this "unmodified" area, levels of ground disturbance are typically high, due to the removal of the forest vegetation in early 2004 by earthmoving equipment under existing approvals. This process has extensively impacted the A unit soil (in which stone artefacts could be expected to occur), often totally removing it or covering it with B unit clay (culturally sterile), and thereby reducing the levels of archaeological visibility and effective survey coverage. The extent of vegetation removal through the use of earthmoving equipment has also substantially lowered the potential for most other forms of heritage evidence (eg. carved trees, scarved trees and stone arrangements). A total of six Aboriginal heritage sites, comprising nineteen loci of identified evidence, have been recorded within the 108 hectare unmodified portion of the study area. These site loci are all stone artefact occurrences and contain a total of 53 artefacts. The identified artefact evidence occurs in a very low density distribution. Further artefacts are expected to occur across the unmodified study area in a distribution and density consistent with the survey results. However, notwithstanding that shallow deposits may be present in some forested areas or along the drainages where A unit soil may have been retained, the potential for sub- surface deposits of artefacts that may be in situ and/or of research value is low to very low. Other types of heritage evidence (eg. scarred trees and grinding grooves) are not anticipated to occur within the unmodified study area (ie. very low or negligible potential) and other Aboriginal cultural values or associations have not been identified. The significance of the Aboriginal heritage evidence was assessed along criteria derived from relevant aspects of the ICOMOS Burra Charter and 'State Heritage Inventory Evaluation Criteria and Management Guidelines'. It is important to observe that all heritage evidence tends to have some contemporary significance to Aboriginal people, because it represents an important tangible link to their past and to the landscape. Sites B2, B16, B18, B19, B20 and B22 are assessed as being of low scientific significance within a local context, due to their common nature, low representative value, low integrity and limited potential for deposits that may be in situ and/or of research value. The Aboriginal heritage evidence recorded within the study area is protected under the terms of the National Parks and Wildlife Act 1974. No impacts should occur within any of the Aboriginal site areas in the absence of a valid Section 90 Consent or in lieu, Part 3A approval. In the absence of appropriate management and mitigation measures, it is concluded that the impacts of the proposal on Aboriginal heritage will be low. The following management and mitigation measures are proposed, with consideration of legal requirements under the NSW National Parks and Wildlife Act 1974 and Environmental Planning and Assessment Act 1979, the results of the survey and consultation with the local Aboriginal community: An Aboriginal Heritage Management Plan must be formulated in consultation with the registered Aboriginal stakeholders who have sought further involvement in the project (Mindaribba LALC, Lower Hunter Wonnarua Council and Awabakal Traditional Owners Aboriginal Corporation), prior to any development impacts occurring, to specify the policies and actions required in every conceivable circumstance to mitigate and manage the potential impacts of the proposal on Aboriginal heritage after Part 3A approval is granted. The plan will include procedures for ongoing Aboriginal consultation and involvement, mitigation measures for the identified and potential Aboriginal evidence, management procedures for any previously unrecorded evidence and skeletal remains, cultural awareness training for mine staff and contractors, and review of the plan. The Plan will comprise a detailed Statement of Commitments that, subject to Part 3A project approval, will guide management of the Aboriginal heritage resource in lieu of a Section 90 Consent. The primary elements of the Plan are: • In order to mitigate the impacts of development upon the cultural and scientific values of the heritage evidence and to retrieve and conserve samples of evidence, a program of salvage will be undertaken within the development impact area. This will involve representatives of the registered Aboriginal stakeholders collecting identified stone artefacts from sites B2, B16, B18, B19, B20 and B22 prior to any development impacts occurring; and • Should any skeletal remains be detected during the course of development, work in that location will cease immediately and the finds will be reported to the appropriate authorities, including the Police, DECC and Mindaribba LALC; and Further consultation will be pursued with the registered Aboriginal stakeholders who have sought further involvement in the project (Mindaribba LALC, Lower Hunter Wonnarua Council and Awabakal Traditional Owners Aboriginal Corporation) in relation to the proposal and the contents and recommendations of this investigation. The continued involvement of these registered Aboriginal stakeholders in the ongoing management of the heritage resource within the study area will be promoted. After implementation of these management and mitigation measures, it is concluded that the risk of residual impacts to Aboriginal heritage from the proposal will be very low. TABLE OF CONTENTS Page 1. Introduction 1 2. Environmental Context 6 3. Aboriginal Archaeological Context 8 3.1 Heritage Register Searches 8 3.2 Previous Archaeological Research 8 3.3 Local Aboriginal Culture 31 3.4 Predictive Model of Site Location 32 4. Methodology 36 5. Results and Discussion 38 5.1 Survey Coverage 38 5.2 Aboriginal Heritage Evidence 42 5.3 Discussion 47 6. Aboriginal Consultation 54 7. Significance Assessment 58 7.1 Criteria 58 7.2 Significance of Heritage Evidence Within the Study Area 60 8. Statutory Obligations 62 9. Mitigation and Management Strategies 66 10. Recommendations 70 References 72 Acknowledgments 80 Disclaimer 80 Appendix 1: Archaeological Survey Coverage Database 81 Appendix 2: Aboriginal Heritage Site Database 84 Appendix 3: Aboriginal Heritage Lithic Item Database 85 Appendix 4: Plates 87 Appendix 5: Aboriginal Community Consultation 99 FIGURES Page Figure 1: General Location of Study

Load more