Statement of recommendation from the Executive Director, Heritage to the Heritage Council of Victoria

Name: Glenrowan Heritage Precinct Address: Siege Street, Glenrowan Local Government Authority: Rural City

The site of the former Stationmaster’s House (1873) in the Glenrowan Heritage Precinct (2021)

Executive Director recommendation I recommend to the Heritage Council of Victoria that the existing registration of VHR H2000, the Glenrowan Heritage Precinct, Siege Street, Glenrowan in the Victorian Heritage Register (‘VHR’) be amended under section 62 of the Heritage Act 2017 (‘the Act’).

STEVEN AVERY Executive Director, Heritage Victoria DATE OF RECOMMENDATION: Monday 19 July 2021

OFFICIAL

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Executive Director Recommendation to the Heritage Council of Victoria

The Executive Director, Heritage Victoria (‘Executive Director’) recommends that the Heritage Council amends the existing registration of VHR H2000, the Glenrowan Heritage Precinct, Siege Street, Glenrowan in the VHR by:

• Updating the Statement of Significance into the current format. • Adding additional land. • Determining categories of works or activities which may be carried out in relation to the place for which a permit is not required (permit exemptions).

The process from here

1. The Heritage Council publishes the Executive Director’s recommendation (section 41). The Heritage Council will publish the Executive Director’s recommendation on its website for a period of 60 days. Submissions must be received by Heritage Council on or before Tuesday 21 September 2021.

2. Making a submission to the Heritage Council (sections 44 and 45) Within the 60-day publication period, any person or body with a real and substantial interest in the place or object can make a submission to the Heritage Council. This submission can support the recommendation, or object to the recommendation and a hearing can be requested in relation to the submission. Information about making a submission and submission forms are available on the Heritage Council’s website: https://heritagecouncil.vic.gov.au/registrations-reviews/executive-director-recommendations/

3. Heritage Council determination (sections 46 and 49) The Heritage Council is an independent statutory body. It is responsible for making the final determination to include or not include the place or object in the VHR, or amend a place or object already in the VHR. If no submissions are received the Heritage Council must make a determination within 40 days of the publication closing date. If submissions are received, the Heritage Council may decide to hold a hearing in relation to the submission. If a hearing does take place, the Heritage Council must make a determination within 90 days after the completion of the hearing.

4. Obligations of owners of places and objects (sections 42 and 43) The owner of a place or object which is the subject of a recommendation to the Heritage Council has certain obligations under the Act. These relate to advising the Executive Director in writing of any works or activities that are being carried out, proposed or planned for the place. The owner also has an obligation to provide a copy of this statement of recommendation to any potential purchasers of the place or object before entering into a contract.

5. Further information The relevant sections of the Act are provided at Appendix 1.

Glenrowan Heritage Precinct 2 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Reasons for registration on 28 November 2002 The State level cultural heritage significance of the Glenrowan Heritage Precinct was recognised on 28 November 2002 by its inclusion in the VHR (VHR H2000). The Precinct was identified as being of historical significance at the State Level for its association with the notorious siege which lead to the capture of and the deaths of his other gang members , and in June 1880, and for its archaeological significance for its potential to reveal artefacts from the siege event.

Amendment application made on 22 June 2021 On 22 June 2021 the Executive Director made and accepted an application to amend the registration of the Glenrowan Heritage Precinct (VHR H2000) by adding land and permit exemptions. The following two additional parcels of land were proposed for inclusion within the extent of registration:

• Former Stationmaster’s House, western land parcel (approximately 7,485m2) adjoining the existing VHR extent. • Location of the failed train derailment, eastern land parcel (approximately 6,690m2) about 625m east of the VHR extent.

Amendment recommendation reasons The Executive Director recommends that the Heritage Council amend this registration as per section 62 of the Act because in accordance with section 32(1) of the Act as it is considered that: a) the State-level cultural heritage significance of the place would be substantially less if the land or any part of the land which is or has been used in conjunction with the place were developed; or b) land surrounding the place is important to the protection or conservation of the place or contributes to the understanding of the place.

Reasons under s49(1)(d)(i) The Glenrowan Heritage Precinct is of historic and archaeological significance for its association with the siege leading to the capture of Ned Kelly and the deaths of his other gang members Joe Byrne, Dan Kelly and Steve Hart in June 1880. It is the Executive Director’s view that the additional land recommended for inclusion within the extent of registration, comprising the former Stationmaster’s House (western land parcel) and the train derailment site (eastern land parcel), are key locations where events took place before, during and after the siege event, and as such, contribute directly to an understanding of the cultural heritage significance of the place. If these land parcels were to be developed, the contribution of these sites to an understanding of the siege event could be severed which would result in harm to the cultural heritage significance of the place more broadly. More specifically, subsurface works to the western parcel could result in harm to the archaeological intactness of the place, and works to remove the historic marker or to alter the railway line or surrounding landscape in the eastern parcel, could substantially undermine the State-level cultural heritage significance of the place.

Reasons under s49(1)(d)(ii) The Western land parcel contains the site of the former Stationmaster’s House (John Stanistreet’s house of 1873) which contributes to an understanding of the place as a key location of events that took place before, during and after the siege at Glenrowan. The parcel also contains an area of Beaconsfield Parade and road reserve because of its archaeological intactness and potential to contain ballistics from the siege. used the Stationmaster’s House to detain Thomas Curnow and his family, and other hostages during the siege. The police train which arrived from the western side of the town (not the east as the Kelly Gang had expected) stopped near the house after being flagged down by Curnow, and it was at the house that Superintendent Hare’s men were informed that the gang was holding captives at the inn.

Glenrowan Heritage Precinct 3 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

The Eastern land parcel contributes to an understanding of the place as it contains the historic marker (erected c.1883) indicating the location of the site of the Kelly Gang’s failed train derailment plan. Here Ned Kelly and Steve Hart ordered two rail maintenance workers to tear up a portion of the railway track, in order to derail and ambush a police train and attack its occupants at a steep embankment on the railway line. The police train took longer than anticipated to arrive, resulting in the gang taking many captives in the town. Eventually, in the early hours of 28 June 1880, the police were warned of the gang's presence by Thomas Curnow and surrounded the Glenrowan Inn. After a fierce night-time gun battle which resulted in the wounding and capture of Ned Kelly early after daybreak, the police set fire to the Inn in the afternoon and burnt it to the ground sealing the fate of the other outlaws inside.

Additional land proposed for inclusion In the aerial photograph below, the existing registration is shown in yellow and the additional land proposed for inclusion is shown in orange. The additional land comprises:

• Western land parcel: part of the land contained within rail reserve and Crown land to the East. • Eastern land parcel: part of the land contained within an area bound by Church Street to the north, Burns Street and Ned Street to the east, Hill Street to the south and the rail reserve and Beaconsfield Parade road reserve to the West.

Glenrowan Heritage Precinct 4 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Rationale for amendment of Criteria The current registration established that this place meets Criterion A and Criterion C at the State-level. The Executive Director recommends that the place also meets Criterion G and Criterion H at the State level for the following reasons.

Criterion G: Strong or special association with a particular present-day community or cultural group for social, cultural or spiritual reasons

The Kelly Gang siege was highly publicised in its day, and area now known as the Glenrowan Heritage Precinct became a tourist attraction in late nineteenth-century Victoria. The events of June 1880 represented one of most well documented moments in the state’s history, inspiring numerous works in the arts and popular culture. There have been plays, books, poems and verse, art works, films, television commercials, songs and video games depicting Ned Kelly, his Gang and the Kelly legend since 1880 until the present day. Sidney Nolan created his well- known Kelly series of paintings inspired by the siege, and Peter Carey won a Booker Prize for his novel, The True History of the Kelly Gang.

Ned Kelly is a recognisable figure in Victorian folklore (particularly when depicted in his iconic armour) and the legend surrounding his activities has become a strong cultural legend across Australia. There are a few notable places where there is evidence of a strong attachment between Victorians and the Kelly Legend. These include the site (VHR H2205) which was the location where three police officers were shot and killed by Kelly in October 1878, the Glenrowan Heritage Precinct (VHR H2000) where the Kelly Gang’s last stand took place in 1880, and the Old Gaol (VHR H1553) where Kelly was locked up following the siege and subsequently executed.

The town of Glenrowan remains synonymous with the Kelly legend and the siege site remains a key tourist attraction in Victoria, drawing visitors from across the State and beyond. There are various attractions located adjacent to the site, including the Ned Kelly Museum and Homestead, the ‘Big Ned Kelly’ statue, and the Glenrowan Tourist Centre which sells Kelly memorabilia and merchandise. The Kelly legend is polarising and continues to cause division amongst the broader Victorian community. While there are some who celebrate Kelly as Australia’s equivalent of Robin Hood, others regard him as a murderous villain underserving of his folk hero status. Regardless of these divergent views, Kelly remains a source of collective intrigue, and the Glenrowan Heritage Precinct remains of social significance to Victorians as a touchstone of this resonant cultural legend.

Criterion H: Special association with the life or works of a person, or group of persons, of importance in Victoria’s history.

The Glenrowan Heritage Precinct has a special association with Ned Kelly, the Kelly Gang and the siege at Glenrowan in 1880. While there are many sites in north-eastern Victoria, which have an association with Ned Kelly, his gang and his family, the Glenrowan Heritage Precinct allows this clear association to be readily appreciated better than most other places or objects in Victoria. While the events at the Stringybark Creek Site (VHR H2205) are significant to the story, it was the siege at Glenrowan, the ‘fall’ of Kelly in his armour, his capture and the violent deaths of his gang members, which represents the tragic peak of the Kelly narrative. Ned Kelly and the Kelly Gang remain recognisable figures in Victorian and Australian culture and identity to this day. Despite Victorians’ diverse views of the Kelly gang and the legend surrounding their activities, Ned Kelly and his gang remain people who were influential in the course of Victoria’s history.

Glenrowan Heritage Precinct 5 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Change of heritage category Not applicable.

Change of name Not applicable.

Integrity The integrity of the place is fair. All above-ground structures existing at the time of the siege have been demolished or altered, however the Glenrowan Railway Station platform edge and areas of land that have not been developed have survived, maintaining the overall integrity of the historic landscape.

The integrity of the archaeology of the place is good. Areas that are significant to the siege event, including the topography of the place, landscape elements and the sites of former historic buildings have experience limited modern development. Therefore, it is likely that there is a moderate to high potential for significant archaeological remains (e.g. features, deposits and artefacts) to survive that are associated with the siege and its historic context. In addition, a large volume of spent ammunition is likely to remain in-situ across the landscape. (July 2021).

Intactness The intactness of the place is fair. The surviving above-ground elements, including the Glenrowan Railway Station platform remains as the only extant built-feature associated siege event and remains relatively intact. However, subsequent upgrades and maintenance has resulted in the extension of the platform and reconstruction of station infrastructure, altering the character of the original railway reserve. The place has experienced modifications synonymous with the development of a small town in a regional setting, including landscaping and the construction of infrastructure, realignment of the creek and alterations to the landscape to facilitate public use, including light recreational, residential and commercial activities and transport. Overall, the topography of the place remains characteristic of the historic setting at the time of the siege.

The intactness of the archaeology of the place is good. Sub-surface elements (archaeological materials), that relate to the siege event are likely to have survived in good condition, concentrated in locations of intensive occupation including within the site of the former Glenrowan Ann Jones Inn and elsewhere in areas that have experienced limited sub-surface disturbance and/or modern development. Prior archaeological investigations have demonstrated that intact and significance archaeological remains could survive even in disturbed locations. (July 2021).

Traditional Owner Information The Glenrowan Heritage Precinct is located on the traditional land of the Yorta Yorta people. Under the Aboriginal Heritage Act 2006, the Registered Aboriginal Party for this land is the Yorta Yorta Nation Aboriginal Corporation.

Victorian Aboriginal Heritage Register There is a site recorded on the Victorian Aboriginal Heritage Register which falls within the current extent of registration for the Glenrowan Heritage Precinct. This site is included in an area of Aboriginal cultural heritage sensitivity associated with the Yorta Yorta people.

Glenrowan Heritage Precinct 6 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Statutory requirements under section 40.

Terms of the recommendation (section 40 (3)(a)) The Executive Director recommends that the registration of Glenrowan Heritage Precinct in the VHR is amended.

Information to identify the place or object (section 40(3)(b)) Name: Glenrowan Heritage Precinct

Address: Siege Street, Glenrowan VIC 3672

Proposed extent of registration All of the place shown hatched on Diagram 2000 encompassing all of Crown Allotments 1, 2, 3, 5, 5C, 5D, 9 and 10, Section 34 Township Glenrowan; Crown Allotment 6 Section 36; Crown Allotments 9A, 10, and 11 Section 23 Township of Glenrowan; Allotment 4 Section 34, Township of Glenrowan; Crown Allotment 2004 Township of Glenrowan; Allotment 7 Section 44 Township of Glenrowan, Lots 1 and 2 on Lodged Plan 130017, Lots 1, 2 and 3 on Title Plan 83401, Lot 1 on Lodged Plan 138877, Lot 1 on Title Plan 665475 and part of Crown Allotment 7 Section 47, Township of Glenrowan and part of Crown Allotment 6 Section 26 and part of the road reserves of Church Street, Siege Street, Gladstone Street and Beaconsfield Parade.

The extent of registration of the Glenrowan Heritage Precinct in the VHR affects the whole place shown on Diagram 2000 including the land, buildings, roads, trees, landscape elements and other features. This contains areas of known and likely archaeological deposits and sufficient land to reflect the history and protect the cultural heritage significance of the place.

Glenrowan Heritage Precinct 7 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Aerial photo showing recommended extent

Note: This aerial view provides a visual representation of the place. It is not a precise representation of the recommended extent of registration. Due to distortions associated with aerial photography some elements of the place may appear as though they are outside the extent of registration.

Rationale for extent The recommended extent of registration comprises the Glenrowan Heritage Precinct; all the area in the town of Glenrowan historically documented as the location of the siege, and contributory events leading to the capture of Ned Kelly, and the deaths of his gang members. The area encompasses the location of key events influenced by the topography of the place, landscape elements and the sites of former historic buildings, including the: • Ann Jones’ Glenrowan Inn site and immediate surrounds • remnant of the creek used for shelter by the police (and various police positions) • original Glenrowan Railway Station platform and railway alignment • site of workers’ (plate-layers’) tents • the McDonnell's Hotel site • the site of Ned Kelly’s fall and capture (the ‘Kelly Log’ site) • Stationmaster’ House site • Beaconsfield Parade (the immediate surrounds of the Ann Jones’ Glenrowan Inn site) • the attempted train derailment site (east of town).

Glenrowan Heritage Precinct 8 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Statement of significance

Revised Statement of Significance

What is significant? The Glenrowan Heritage Precinct is an area in the town of Glenrowan associated with the notorious siege leading to the capture of the , Ned Kelly, and the deaths of his gang members Joe Byrne, Dan Kelly and Steve Hart in June 1880. Elements at the place include the topography and landscape within the vicinity of the Ann Jones’ Glenrowan Inn site, such as the remnant of the creek used for shelter by the police, various police positions, the original Glenrowan Railway Station platform and railway alignment, site of workers’ (plate-layers’) tents, the site of Ned Kelly’s fall and capture (the ‘Kelly Log’ site), the Stationmaster’ House site and the McDonnell's Hotel site. Many mature trees in the Precinct were extant at the time of the siege and one group, the 'Kelly copse' where Ned tethered his horse, is of particular note. The Precinct also includes the site of the attempted train derailment site east of town.

How is it significant? The Glenrowan Heritage Precinct is of historical and archaeological significance to the State of Victoria. It satisfies the following criterion for inclusion in the Victorian Heritage Register:

Criterion A Importance to the course, or pattern, of Victoria’s cultural history.

Criterion C Potential to yield information that will contribute to an understanding of Victoria’s cultural history.

Criterion G Strong or Special Association with a particular present-day community or cultural group for social, cultural or spiritual reasons.

Criterion H Special association with the life or works of a person, or group of persons, of importance in Victoria’s history.

Why is it significant? The Glenrowan Heritage Precinct is historically significant as the place most intimately connected with the legend that surrounds Ned Kelly, among the most well-known of Australian historical figures. It does so in a similar way to the Eureka Historical Precinct (H1874) which evokes the history of another rebellion against authorities. The small town of Glenrowan is central to the history of the Kelly Gang. The members lived in the district and spent much time there among a population generally sympathetic to the outlaws. The plan for a final showdown with police by derailing a train was a feasible if reckless plan that suited itself to the topography of the town where the railway line between and Wangaratta makes a sweeping curve on a steep embankment. The siege, the police cordon, the use of suits of armour by the gang members, the capture of Ned and the burning of the Glenrowan Inn are firmly implanted in Australian folklore and are directly related to this physical place. [Criterion A]

The Glenrowan Heritage Precinct is archaeologically significant for its potential to contain features, deposits and artefacts that relate to the siege at Glenrowan. The site of the Ann Jones’ Glenrowan Inn has the potential to contain archaeological remains associated with its construction, use and destruction. The area in the immediate vicinity of the Inn has the potential to contain ballistics and other items that relate to the siege event. The stump

Glenrowan Heritage Precinct 9 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria and log where Ned Kelly was captured are no longer visible but remnants may exist below ground. The Precinct, particularly the area in the vicinity of the former inn and the open spaces to the south and west, is a distinct historical landscape, with high potential to provide information which is not currently understood, including details of the gun fight. Other parts of the Precinct, such as the sites of the former Stationmaster’s House, worker’s (plate- layers') tents, and McDonnell's Hotel, have the potential to contain historical archaeological remains and yield information that will contribute to our understanding of the siege and its place in Victoria’s cultural history. [Criterion C]

The Glenrowan Heritage Precinct has social and cultural significance to Victorians as a site of one of the most notorious events in its post-British settlement history and folklore. The siege at Glenrowan was highly publicised and sensationalised at the time, and the site quickly became a tourist attraction which still attracts visitors from all around Australia to the present day. While the Ned Kelly legend continues to provoke division within the Victorian community, some venerating him as a hero and others a villain undeserving of folk hero status, the story resonates across Victoria as a source of collective intrigue and identity. Glenrowan Heritage Precinct is an important place of cultural memory as the site of Ned Kelly’s ‘last stand’ against the police while wearing his iconic armour. [Criterion G].

The Glenrowan Heritage Precinct is strongly associated with members of the Kelly Gang (Ned Kelly, Dan Kelly, Joe Byrne and Steve Hart). It is here that Dan Kelly, Joe Byrne and Steve Hart died, where Ned Kelly was badly injured and captured. Ned Kelly and the Kelly Gang have remained recognisable figures in Victorian and Australian culture and identity since the 1870s. [Criterion H].

Glenrowan Heritage Precinct 10 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Categories of works or activities (permit exemptions) recommended under section 38 (section 40(4)(b))

Introduction The purpose of this information is to assist owners and other interested parties when considering or making decisions regarding works to a registered place. It is recommended that any proposed works be discussed with an officer of Heritage Victoria prior to making a permit application. Discussing proposed works will assist in answering questions the owner may have and aid any decisions regarding works to the place. It is acknowledged that alterations and other works may be required to keep places and objects in good repair and adapt them for use into the future. However, under the Heritage Act 2017 a person must not knowingly, recklessly or negligently remove, relocate or demolish, damage or despoil, develop or alter or excavate all or any part of any part of a registered place without approval. It should be noted that the definition of ‘develop’ in the Act includes any works on, over or under the place. If a person wishes to undertake works or activities in relation to a registered place or registered object, they must apply to the Executive Director for a permit. The purpose of a permit is to enable appropriate change to a place and to effectively manage adverse impacts on the cultural heritage significance of a place as a consequence of change. If an owner is uncertain whether a heritage permit is required, it is recommended that Heritage Victoria be contacted. Permits are required for anything which alters the place or object, unless a permit exemption is granted. Permit exemptions usually cover routine maintenance and upkeep issues faced by owners as well as minor works or works to the elements of the place or object that are not significant. They may include appropriate works that are specified in a conservation management plan. Permit exemptions can be granted at the time of registration (under section 38 of the Act) or after registration (under section 92 of the Act). It should be noted that the addition of new buildings to the registered place, as well as alterations to the interior and exterior of existing buildings requires a permit, unless a specific permit exemption is granted.

Disrepair of registered place or registered object Under section 152 of the Act, the owner of a registered place or registered object must not allow that place or object to fall into disrepair.

Failure to maintain registered place or registered object Under section 153 of the Act, the owner of a registered place or registered object must not fail to maintain that place or object to the extent that its conservation is threatened.

Archaeology Subject to relevant permit exemptions for this registered place, ground disturbance that may affect the historical archaeological remains (including artefacts) requires a permit.

Aboriginal cultural heritage To establish whether this place is registered under the Aboriginal Heritage Act 2006 please contact First Peoples – State Relations. The Heritage Act 2017 and the Aboriginal Heritage Act 2006 are separate pieces of legislation. Please be aware that both Acts are required to be satisfied and satisfying the requirements of one Act may not satisfy the requirements of the other.

Glenrowan Heritage Precinct 11 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Human remains If any suspected human remains are found during any works or activities, the works or activities must cease. The remains must be left in place and protected from harm or damage. Victoria Police and the State Coroner’s Office must be notified immediately.

Other approvals Please be aware that approval from other authorities (such as local government) may be required to undertake works.

Notes • Nothing in this determination prevents the Heritage Council from amending or rescinding all or any of the permit exemptions. • Nothing in this determination exempts owners or their agents from the responsibility to seek relevant planning or building permits where applicable.

General Conditions General Condition 1

All exempted alterations are to be planned and carried out in a manner which prevents damage to the fabric of the registered place or object.

General Condition 2

Should it become apparent during further inspection or the carrying out of works that original or previously hidden or inaccessible details of the place (including artefacts) are revealed which relate to the significance of the place, then the exemption covering such works shall cease and Heritage Victoria shall be notified as soon as possible.

General Condition 3

It is not the intention of this registration to prevent or preclude development within the Glenrowan Heritage Precinct, or to say that the existing fabric within the Precinct that postdates the siege has cultural heritage values that are significant in the context of this registration. The essence of the significance of this Precinct lies in its ability to interpret the events of 26-28 June 1880. Despite some development over the years, the intensity of use is low and the topography lends itself to interpretation. General Condition 4 This place is likely to contain archaeological features, deposits and/or artefacts that relate to the historic siege and contributary events. Therefore, any subsurface works may be subject to a permit. This includes works to provide site services (gas, water, telephone, electricity etc), removal and construction of verandahs, decks, paving, driveways, internal floors and garden paths, or planting of new trees.

General Condition 5

The following documents should be consulted to ensure that the place is managed in a manner which respects its cultural heritage significance: • Glenrowan Heritage Precinct, Conservation and Landscape Management Plan, prepared by Lovell Chen, dated 2018

Glenrowan Heritage Precinct 12 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

• Glenrowan Heritage Precinct Landscape Technical Guidelines, prepared by John Patrick Landscape Architects, dated 2018

Permit Exemptions The following permit exemptions are not considered to cause harm to the cultural heritage significance of the Glenrowan Heritage Precinct.

Buildings – private properties within the Precinct (excluding the Ann Jones Inn site)

Exterior (including private yards) • Regular repairs and maintenance works, including repair and replacement of roofs, doors, windows and external wall cladding, and external re-painting of surfaces in the same colour. This permit exemption does not include construction of new buildings, structures or additions. • Repair, replacement or removal of items such as external lighting, air conditioners, pipework, ducting, flues, wiring, antennae, aerials and flyscreens and making good. • Maintenance and replacement of existing external electrical and fire services in the same location and of the same size. • Works or activities, including emergency stabilisation, necessary to secure safety in an emergency where a structure or part of a structure has been irreparably damaged or destabilised and poses a safety risk to its users or the public. The Executive Director must be notified within seven days of the commencement of these works or activities. • The processes of gardening including mowing, pruning, mulching, fertilising, removal of dead or diseased plants (excluding trees), installation, maintenance and replanting of garden beds, disease and weed control and maintenance to care for existing plants. • Management and maintenance of trees including formative and remedial pruning, removal of deadwood and Emergency tree works to maintain public safety. • Any works which require foundations and trenching are subject to further approval (either a permit or permit exemption), including works to provide site services, removal and construction of new buildings, structures, verandahs, decks, paving, driveways, internal floors and garden paths, or planting of new trees. Interior • All works within the internal footprint of the buildings which do not exceed the depth of existing foundations or expand internal floors.

Landscape and roads – all land not in private ownership within the Precinct • The processes of mowing, pruning, mulching, fertilising, removal of dead or diseased plants (excluding trees), replanting of existing garden beds, disease and weed control and maintenance to care for existing plants and vegetation. • Management and maintenance of trees including formative and remedial pruning, removal of deadwood and Emergency tree works to maintain public safety. • Repair, removal or like for like replacement of external directional or interpretative signage provided the size, location and material remains the same. • Regular repair and maintenance of standard park furniture and facilities, including park seating and shelters, picnic tables, drinking fountains and associated infrastructure, rubbish and recycling bins, and playground equipment and playground area surfaces. This exemption does not include replacement or installation of additional infrastructure. • All works to maintain road safety and the existing road infrastructure. This includes: maintenance and repair of road pavement, speed humps, carparks, shoulder, median, pedestrian refuges/splitter islands, kerb and channels and similar supportive works. Maintenance, repair and replacement of safety-critical infrastructure including barriers of all types.

Glenrowan Heritage Precinct 13 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Transport Infrastructure within the Precinct (excluding the Stationmaster’s house site and the derailment marker) • Removal, upgrade or replacement of railway tracks, sleepers and rail scraps. • Removal, cleaning and replacement of ballast and tamping works. • Minor re-levelling and re-alignment of the railway tracks that do not affect the existing platform or station building. This does not include the significant re-alignment of existing railway tracks. • Clearing and cleaning of culverts and drainage areas along the railway track. • Removal, upgrade and like-for-like replacement of power poles, powerlines and light poles. • Painting and chemical corrosion treatment of signalling equipment. • Removal, upgrade, and replacement of modern signalling or train monitoring equipment. • Removal, upgrade, replacement or installation of auxiliary equipment such as cables, conduit and cable troughing. • Removal, upgrade and replacement of signage associated with train operations and track maintenance such as survey pegs, kilometre posts, warning signs and speed signs. • Removal, upgrade and replacement of emergency safety equipment such as ladders, steps and stairs. • Removal, upgrade and replacement of communications and control systems such as signalling and emergency telephones and associated signage.

Safety and Security Works within the Precinct • Works or activities, including emergency stabilisation, necessary to secure safety in an emergency where a structure or part of a structure has been irreparably damaged or destabilised and poses a safety risk to its users or the public. The Executive Director must be notified within seven days of the commencement of these works or activities. • The erection of temporary security fencing, scaffolding, hoardings or surveillance systems to prevent unauthorised access or secure public safety, providing these works do not cause damage to significant fabric or views within the place and do not involve ground disturbance.

Temporary Events within the Precinct The installation and/or erection of temporary elements associated with the hosting of community initiatives and special events up to seven days in duration which do not detrimentally impact the fabric or views of the heritage place or involve ground disturbance. At the conclusion of the event any affected areas of the place must be made good to match the condition of the place prior to installation. Fire suppression activities Fire suppression activities provided the works do not involve the removal or destruction of any significant above- ground features or sub-surface archaeological features, deposits and/or artefacts. Note: Fire management authorities should be aware of the location, extent and significance of historical and archaeological places/sites when developing fire suppression and firefighting strategies. The importance of places in the VHR must be considered when strategies for fire suppression and management are being developed.

Glenrowan Heritage Precinct 14 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Appendix 1

Heritage Council determination (section 41) The Heritage Council is an independent statutory body that will make a determination on this recommendation under section 49 of the Act. It will consider the recommendation after a period of 60 days from the date the notice of recommendation is published on its website under section 41.

Making a submission to the Heritage Council (section 44) Within the period of 60 days, any person or body with a real and substantial interest in the place or object may make a submission to the Heritage Council regarding the recommendation and request a hearing in relation to that submission. Information about making a submission and submission forms are available on the Heritage Council’s website.

Consideration of submissions to the Heritage Council (section 46) (1) The Heritage Council must consider— (a) any written submission made to it under section 44; and (b) any further information provided to the Heritage Council in response to a request under section 45. (2) The Heritage Council must conduct a hearing in relation to a submission if— (a) the submission includes a request for a hearing before the Heritage Council; and (b) the submission is made by a person or body with a real or substantial interest in the place or object that is the subject of the submission. (3) Despite subsection (2), the Heritage Council may conduct a hearing in relation to a submission in any other circumstances the Heritage Council considers appropriate.

Determinations of the Heritage Council (section 49) (1) After considering a recommendation that a place or object should or should not be included in the Heritage Register, or should be amended in the Heritage Register, and any submissions in respect of the recommendation and conducting any hearing into the submissions, the Heritage Council may— (a) determine that the place or part of the place, or object, is of State-level cultural heritage significance and is to be included in the Heritage Register; or (b) determine that the place or part of the place, or object, is not of State-level cultural heritage significance and is not to be included in the Heritage Register; or (c) in the case of a recommendation in respect of a place, determine that the place is not to be included in the Heritage Register but— (i) refer the recommendation and any submissions to the relevant planning authority for consideration for an amendment to a planning scheme; or (ii) determine that it is more appropriate for steps to be taken under the Planning and Environment Act 1987 or by any other means to protect or conserve the place; or (d) in the case of a recommendation in respect of additional land which has been nominated to be included in the Heritage Register as part of a registered place in accordance with section 32, determine that the land be included in the Heritage Register if—

Glenrowan Heritage Precinct 15 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

(i) the State-level cultural heritage significance of the place would be substantially less if the land or any part of the land which is or has been used in conjunction with the place were developed; or (ii) the land surrounding the place is important to the protection or conservation of the place or contributes to the understanding of the place; or (e) determine that the object is integral to understanding the cultural heritage significance of a registered place or a place the Heritage Council has determined to be included in the Heritage Register. (2) The Heritage Council must make a determination under subsection (1)— (a) within 40 days after the date on which written submissions may be made under section 44; or (b) if any hearing is conducted into the written submissions, within 90 days after the completion of the hearing. (3) A determination that a place or part of a place, or object, should be included in the Heritage Register may include categories of works or activities which may be carried out in relation to the place or object for which a permit under this Act is not required, if the Heritage Council considers that the works or activities would not harm the cultural heritage significance of the place or object. (4) If the Heritage Council determines to include a place in the Heritage Register, with the consent of the owner of the place, the Heritage Council may determine to include in the Heritage Register additional land of the owner that is ancillary to the place. (5) If a member of the Heritage Council makes a submission under section 44 in respect of a recommendation, the member must not take part in the consideration or determination of the Heritage Council. (6) The Heritage Council must notify the Executive Director of any determination under this section as soon as practicable after the determination.

Obligations of owners of places and objects (section 42) (1) The owner of a place or object to whom a statement of recommendation has been given must advise the Executive Director in writing of— (a) any works or activities that are being carried out in relation to the place or object at the time the statement is given; and (b) any application for a planning permit or a building permit, or for an amendment to that permit, that has been made in relation to the place but not determined at the time the statement is given; and (c) any works or activities that are proposed to be carried out in relation to the place or object at the time the statement is given. (2) An advice under subsection (1) must be given within 10 days after the statement of recommendation is given under section 40. (3) The owner of a place to whom a statement of recommendation has been given must advise the Executive Director in writing of an application, permit or amendment if, before a determination under section 49 or 52 in respect of a place— (a) an application for a planning permit or a building permit or for an amendment to that permit in relation to the place is made; or (b) a planning permit or building permit or an amendment to that permit in relation to the place is granted. (4) An advice under subsection (3) must be given within 10 days after the making of the application or the grant of the permit or amendment. (5) The owner of a place or object to whom a statement of recommendation has been given must advise the Executive Director in writing of the following activities or proposals if, before a determination is made under section 49 or 52 in respect of a place or object— (a) any activities are carried out in relation to the place or object that could harm the place or object;

Glenrowan Heritage Precinct 16 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

(b) any activities are proposed to be carried out in relation to the place or object that could harm the place or object. (6) An advice under subsection (5) must be given within 10 days after the owner becomes aware of the activity or the proposal, as the case requires. (7) If, before a determination is made under section 49 or 52 in respect of a place or object, a proposal is made to dispose of the whole or any part of the place or object, the owner of the place or object must advise the Executive Director in writing of that proposal. (8) An advice under subsection (7) must be given at least 10 days before entering into the contract for the disposal of the place or object. (9) The owner of a place or object who proposes to dispose of the whole or any part of the place or object before a determination is made under section 49 or 52 in respect of the place or object must, before entering into a contract for that disposal, give a copy of the statement of proposed contract, is to acquire the place or object or part of the place or object.

Owners of places and objects must comply with obligations (section 43) An owner of a place or object to whom section 42 applies must comply with that section.

Penalty: In the case of a natural person, 120 penalty units; In the case of a body corporate, 240 penalty units.

Glenrowan Heritage Precinct 17 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Appendix 2: Existing registration detail

Existing Category of Registration The Glenrowan Heritage Precinct is of historical and archaeological significance to the State of Victoria.

Existing Extent of Registration NOTICE OF REGISTRATION

As Executive Director for the purpose of the Heritage Act, I give notice under section 46 that the Victorian Heritage Register is amended by including the Heritage Register Number 2000 in the category described as a Heritage place and Archaeological place: Glenrowan Heritage Precinct, Siege, Church, Gladstone, Hill, Beaconsfield, Burns & Ned Streets, Glenrowan, Wangaratta Rural City Council

EXTENT: 1. Part of the land contained within Church Street to the north, Burns Street and Ned Street to the east, Hill Street to the south and Beaconsfield Parade to the West as shown shaded on Diagram Number 2000 held by the Executive Director.

Dated 28 November 2002 RAY TONKIN Executive Director [Victoria Government Gazette G 48 28 November 2002 3106-3107]

Existing Extent of Registration – Diagram 2000

Glenrowan Heritage Precinct 18 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Existing Statement of Significance What is significant? The Glenrowan Heritage Precinct is the area of central Glenrowan which is associated with the notorious siege leading up to the capture of Ned Kelly and the deaths of his other gang members Joe Byrne, Dan Kelly and Steve Hart in June 1880. The precinct is divided by the railway line and the railway station which played a pivotal part in the drama. North of the railway line in what is now known as Siege Street is the site of Jones's Glenrowan Inn where the held out. Further north and east is the place where Ned was finally captured. To the south of the railway line is the site of the former McDonnell's hotel where the Kelly sympathisers gathered. After two years of outlawry in the north east of Victoria, Kelly and his gang planned to ambush and derail a police train. This action is said to have been planned as a precursor to a general uprising in the north east. In the event the police took longer than anticipated to arrive, resulting in the gang taking many captives in the town. Eventually, in the early hours of 28 June 1880, the police were warned of the gang's presence and surrounded the Glenrowan Inn. After a fierce night time gun battle which resulted in the wounding and capture of Ned Kelly early after daybreak, the police set fire to the inn in the afternoon and burnt it to the ground sealing the fate of the other outlaws inside. Ned Kelly was later tried in Melbourne and hanged on 11 November 1880 for the of police at Stringybark Creek in 1878.

Since the siege, the town of Glenrowan has developed but the topography of the siege site remains largely unaltered and is quite capable of interpretation today.

How is it significant? The Glenrowan Heritage Precinct is of historical and archaeological significance to the State of Victoria.

Why is it significant? The Glenrowan Heritage Precinct is historically significant as the place most intimately connected with the legend that surrounds Ned Kelly, among the most well known of Australian historical figures. In a similar way the Eureka Historical Precinct (H1874) invokes the history of another rebellion against authority. The small town of Glenrowan was central to the history of the Kelly gang. The members lived in the district and spent much time there among a population generally sympathetic to the outlaws. The plan for a final showdown with police by derailing a train was a feasible if reckless plan that suited itself to the topography of the town where the railway line between Benalla and Wangaratta makes a sweeping curve on a steep embankment. The siege, the police cordon, the capture of Ned and the burning of the Glenrowan Inn are firmly implanted in Australian folklore and are directly related to this physical place. Significant fabric remaining from the event are the Stationmaster's house (relocated to 16 Siege Street from its original site) and the railway platform (the current station building is a recent remodelling). Many of the mature trees existed at the time of the siege and one group, the 'Kelly copse' where Ned tethered his horse, is of particular note.The stump and logwhere he was captured are no longer visible but remnants of the stump may exist below ground.

The Glenrowan Heritage Precinct is archaeologically significant for its potential to reveal artefacts from the siege event. A large volume of ammunition was expended and there is a tradition of discovery of spent bullets from the soil. As well, the sites of demolished early buildings such as McDonnell's Hotel and the Glenrowan Inn have the potential to reveal artefacts both from the siege and from their everyday use.

Existing Permit Exemptions * no permits are required for normal day to day repairs and maintenance to buildings, structures, services and landscape elements within the precinct (but not new buildings) * no permits are required for development works which are in accordance with the master plan prepared in 2002 for the Rural City of Wangaratta by Chris Dance Land Design Pty Ltd, Research Planning Design Group, Corporate and Liesure Marketing Pty Ltd and Allom Lovell & Associates, except for major works such as the proposed interpretive centre or the removal of the overpass.

Glenrowan Heritage Precinct 19 VHR number: VHR H2000 Hermes No: 4073

Statement of recommendation from the

Executive Director, Heritage Victoria to the Heritage Council of Victoria

Existing Permit Exemption Policy It is not the intention of this registration to prevent or preclude development within the precinct, or to say that the existing fabric within the precinct that post dates the siege should be subject to controls. In many ways the place is similar to the Eureka Historical Precinct in Ballarat (H1874) and it is intended that the registration recognises and reinforces the cultural heritage significance of the place. The essence of the significance of this precinct lies in its ability to interpret the events of 26-28 June 1880. Despite some development over the years, the precinct's character is still low key and the topography lends itself to interpretation. Jones's Inn of course was destroyed by fire and there have been two other building since on this now vacant block. Yet the site is of immense historical significance and future development should be approached with great care. Many of the mature trees existed at the time of the siege and add immeasurably to a sense of the importance of the place as does the drainage ditch where police took cover. The railway platform is the only extant fabric which is in its original location and form. The stationmaster's house, though relocated and remodelled, retains much of its early character. The site of the demolished McDonnell's hotel has remained largely undisturbed.

There is a master plan prepared for the City of Wangaratta which allows for the future development of the historic precinct and this will be a useful guide for permits and exemptions.

While the precinct has great archaeological significance and potential, the relationship of any artefacts to the landscape itself is of the utmost importance. Since the siege the land has been subdivided, roads formed, structures built, trees planted, and permanent and non-permanent structures built. Nonetheless the archaeological evidence of the siege will remain and the preservation of the archaeological record is essential. In order to achieve this any works which require foundations and trenching must be subject to a permit which will allow archaeological monitoring. This includes works to provide site services (gas, water, telephone, electricity etc) or new trees and structures.

Glenrowan Heritage Precinct 20 VHR number: VHR H2000 Hermes No: 4073