ABN 97 009 377 619
Aboriginal Cultural Heritage Management Plan
Distribution: KCGM Internal Department of Indigenous Affairs Goldfields Land and Sea Council Central Desert Shire Council
Approval Version Revised By Manager Document Date Reason for Change Owner 1 M.Holmes B Povey EH&S Dec 2009 New Document Manager Distribution and 2 M.Holmes 23.04.2010 changes to Section 3
Aboriginal Cultural Heritage Management Plan
TABLE OF CONTENTS
1 INTRODUCTION ...... 1 2 OBJECTIVES ...... 2 3 ABORIGINAL HISTORY ...... 4 4 ABORIGINAL SITES ...... 6 4.1 Definition of Aboriginal Sites ...... 6 4.2 Identification of Aboriginal Sites...... 12 4.2.1 Ethnographic Surveys ...... 12 4.2.2 Archaeological Surveys ...... 12 4.3 Aboriginal Sites at KCGM ...... 13 4.3.1 Ethnographic ...... 13 4.3.2 Archaeological ...... 15 5 PROTECTION OF IDENTIFIED ABORIGINAL SITES ...... 16 6 IDENTIFICATION AND PROTECTION OF NEW ABORIGINAL SITES ...... 17 6.1 Identification of New Aboriginal Sites ...... 17 6.2 Protection of New Aboriginal Sites ...... 17 6.2.1 Aboriginal Skeletal/Ancestral Remains ...... 17 6.2.2 Previously Unidentified Aboriginal Site ...... 18 6.2.3 Reporting of Disturbance to an Aboriginal Site ...... 19 6.2.4 Consequences for Site Disturbance ...... 19 7 REVIEW CYCLE ...... 20 8 BIBLIOGRAPHY ...... 21 9 GLOSSARY OF TERMS ...... 22
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Figures
Figure 1 Artefact (Source www.dia.wa.gov.au) ...... 6
Figure 2 Fish Trap (Source: www.dia.wa.gov.au) ...... 7
Figure 3 Grind Patches/Grooves (Source: ww.dia.wa.gov.au) ...... 8
Figure 4 Midden (Source: www.dia.wa.gov.au) ...... 8
Figure 5 Painting (Source: www.dia.wa.gov.au) ...... 9
Figure 6 Engraving (Source: www.dia.wa.gov.au) ...... 9
Figure 7 Scarred Tree (Source: www.dia.wa.gov.au) ...... 10
Figure 8 Quarry (Source: www.dia.wa.gov.au) ...... 11
Figure 9 Aboriginal Sites in the KCGM Area (Site ID shown) ...... 14
Tables
Table 1 Legislation Relating to Aboriginal Heritage Management ...... 3
Table 2 Ethnographic Sites in the KCGM Area ...... 13
Table 3 Archaeological Sites in the KCGM Area ...... 15
Appendices
Appendix 1: KCGM Indigenous Peoples Policy ...... 24 Appendix 2: Summary of Aboriginal Heritage Sites ...... 25 Appendix 3: Mt Gleddon (Nanny Goat Hill) Rehabilitation Proposal 2005 ...... 26 Appendix 4: Mt Gleddon (Nanny Goat Hill) Rehabilitation Project 2009 Update ...... 27 Appendix 5: Pre-Commencement Work Area Clearance ...... 28 Appendix 6: Ministerial Statement No.782 ...... 29
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1 INTRODUCTION
Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM) manages the Fimiston Operations on behalf of it’s Joint Venture Owners – Newmont Asia Pacific and Barrick (Australia Pacific) Limited. The Fimiston Operations are located in the Goldfields Region of Western Australia, immediately east of the City of Kalgoorlie-Boulder which is approximately 600km east of Perth. KCGM is the largest gold producing operation in Australia with an annual gold production of up to 850,000 ounces supported by an estimated gold reserve of around 10 million ounces.
KCGM is currently planning to extend its operations to include the mining of a westerly cutback, known as the ‘Golden Pike Cutback’. This cutback will allow for both the widening and deepening of the pit and will extend the life of mine from 2012 to 2017. A report, Fimiston Gold Mine Operations Extension (Stage 3) and Mine Closure Planning (Report), was prepared and assessed through the Public Environmental Review (PER) process to allow the Golden Pike Cutback to proceed. The PER was approved on the 29th January 2009 by the release of the Ministerial Statement No.782. In the Report KCGM committed to prepare an Aboriginal Cultural Heritage Management Plan (Plan). This Plan fulfills this commitment and also meets the requirements of Condition 12 of Ministerial Statement No.782 (Appendix 6).
The development of the Plan draws on many years of consultation with the Department of Indigenous Affairs (DIA) and local aboriginal groups and also considers the requirements of our Joint Venture Partner’s cultural heritage standards.
KCGM consulted directly with the DIA on the finalisation of the Plan with a meeting held in November 2009 at the Kalgoorlie office of the DIA at which KCGM were given approval to submit the Plan to the DIA. Subsequently the Plan was submitted to the DIA (Kalgoorlie) in December 2009.
Commitment: Aboriginal culturally significant sites are protected by law and it is the intention of KCGM to abide by these laws and do all it can to assist in the protection and respect of any such sites that fall within KCGM’s area of influence.
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2 OBJECTIVES
The objectives of this Plan are to ensure that: Aboriginal sites that lie within the vicinity of KCGM’s operations are properly respected and protected; Significant heritage sites are preserved; and All such sites are identified and locations and access conditions communicated to employees and contractors as appropriate.
The principal legislation relating to Aboriginal heritage management is summarised in Table 1. KCGM aims to manage culturally significant and heritage sites in accordance with: Relevant legislation; Department of Mines and Petroleum tenement conditions; and Company standards and procedures.
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Table 1 Legislation Relating to Aboriginal Heritage Management
Legislation Summary Introduced in Western Australia in 1972 to protect Aboriginal heritage. The Act recognises Aboriginal people’s strong relationships to the land, which may go back thousands of years. Aboriginal Heritage The Act provides automatic protection for all places and objects in Act 1972 (WA) Western Australia that are important to Aboriginal people because of connections to their culture. Under the Act it is an offence for anyone to excavate, damage, destroy, conceal or in any way alter an Aboriginal site without the Minister’s permission. Regulations applying to any Aboriginal site or protected area or Aboriginal Heritage land held subject to a covenant in favor of the Minister in relation Regulations 1974 to which the Minister has a duty under the Aboriginal Heritage Act (WA) 1972. Australian Heritage An Act to establish the Australian Heritage Council and for related Commission Act purposes. 1975 (Cth) Aboriginal and The Act offers protection for significant places or objects through Torres Strait Ministerial decision. Aboriginal people who believe that a place or Islander Heritage object is threatened and believe that state government processes Protection Act 1984 offer inadequate protection can apply to the Australian (Cth) Government Environment Minister to protect the place or object. Protection of An Act to protect Australia’s heritage of movable cultural heritage, Movable Culture to support protection by foreign countries of their heritage of Heritage Act 1986 movable objects and for related purposes. (Cth) Native Title describes the rights and interests of Aboriginal and Native Title Act Torres Strait Islander people in land and wasters, according to 1993 (Cth) their traditional laws and customs that are recognised under Australian law. Environmental Protects the environment, particularly matters of National Protection and Environmental Significance. It streamlines national environmental Biodiversity assessment and approvals processes, protects Australian Conservation Act biodiversity and integrates management of important natural and 1999 (Cth) cultural places.
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3 ABORIGINAL HISTORY In the era before European settlement the area where Menzies, Coolgardie and Kalgoorlie are located was a transitional zone between the Bibbulmun people of the Southwest and the tribal groups who inhabited the desert regions of Australia’s interior collectively known today as “Wangkayis” or “Wongis” (R. & E.O. O’Connor, 2004).
There are three broadly diverse cultural groups native to the Goldfields region. The desert peoples from Kalgoorlie north and east. The Nullabor peoples from the south east coast and some say culturally this includes the Gubrun people and the Noongar people from near Esperance (Marnta Media Pty Ltd, 2003).
Desert Peoples Martu people are mostly found in the Pilbara but some live in places such as Menzies, Leonora and Wiluna. Ngalia, Tjupan and Koara people’s traditional country is located to the north of Leonora and Laverton, whereas Ngaanyatjarra people come from near Warburton. Wongutha people are from the area between Kalgoorlie, Leonora and Laverton, including Mt Margaret. Anangu people include those from the Spinifex country and extend across the border into South Australia. The desert is one of the largest cultural blocs in Australia. It extends from Oodnadatta in South Australia as far down as Port Augusta, west to Kalgoorlie, north to Port Headland and the South Kimberly and east to Alice Springs. It consists of many different languages and tribes. All these groups however, follow a similar cultural tradition with some regional variation (Marnta Media Pty Ltd, 2003).
Nullabor Peoples Nullabor peoples include the Mirning and Ngadju and were the first people in the region to suffer the effects of colonisation. They were a culturally distinct people to the desert peoples to the north and the Noongar peoples to the west (Marnta Media Pty Ltd, 2003).
Gubrun Peoples Gubrun Peoples are described by academics as being part of the cultural linguistic bloc including the Nullabor peoples. However their country was further north and west of the Nullarbor peoples. It included Kalgoorlie back towards Southern Cross and Mt Jackson. In many historical records they are also referred to as Kelamia (Marnta Media Pty Ltd, 2003).
Native Title
Following an initial period of uncertainty following the Native Title Act (1993), during which time multiple family sub-groups made applications for the Project Area, amalgamation of claims has resulted in an application of a combined group known as the Central West Goldfields People. The claim was filed in 1999 and is active, however, the claim has failed the Registration Test and thus the claimants have no right to negotiate in regard to Future Acts within the claim area at this point in time.
The Maduwongga people lodged a claim in 1994 and 1995 over the Kalgoorlie region including the project area which was finalised as a pre-combination. They also lodged an application over the Goldfields Region including the project area in 1999 and the claim is
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active, however, the claim has failed the Registration Test and thus the claimants have no right to negotiate in regard to Future Acts within the claim area at this point in time.
In 1995 the Gubrun people lodged a claim over the Central Goldfields Region including the project area. The claim was finalised and dismissed.
In 1997 the Kelamaia Kabu(d)n people lodged a claim over the Goldfields Region but does not include the project area. The claim is active.
The Widji people lodged an application in 1998 over the Central Goldfields Region including the project area. The claim is active and the Widji do have the right to negotiate in regard to Future Acts within the claim area.
The Wongatha people lodged a claim over the Goldfields Region in 2004 including the project area. This claim has been finalised and dismissed.
KCGM Engagement
KCGM has engaged various indigenous groups to undertake heritage surveys of its operational areas over the years. The groups involved include: . Western Desert social and cultural bloc 1991 . Gubrun group: 1989, 1994, 2000, 2004 . Wangkaya group: 1989, 1994 . Maduwongga group: 2000, 2004 . Widji group: 2000, 2004 . Kelamaia Kabu(d)n group: 2000, 2004 . Central Western group: (including former Mingarwee group and former Kabul group) 2000, 2004
KCGM and its joint venture partners are currently working with the Widji claimant group, their advisors and the National Native Title Tribunal in order to reach agreement on an aboriginal heritage and mining agreement.
To enhance KCGM’s relationship with the local Indigenous community; support Indigenous businesses and attract Indigenous employees KCGM has developed an Indigenous People’s Policy (Appendix 1).
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4 ABORIGINAL SITES
4.1 Definition of Aboriginal Sites Section 4 of the Aboriginal Heritage Act 1972 defines an Aboriginal site as: a) Any place of importance and significance where persons of Aboriginal descent have, or appear to have, left any object, natural or artificial, used for, or made or adapted for use for, any purpose connected with the traditional cultural life of the Aboriginal people, past or present; b) Any sacred, ritual or ceremonial site, which is of importance and special significance to persons of Aboriginal descent; c) Any place, which in the opinion of the Committee, is or was associated with the Aboriginal people and which is of historical, anthropological or ethnographical interest and should be preserved because of its importance and significance to the cultural heritage of the state; and d) Any place where objects to which this Act applied are traditionally stored, or to which, under the provisions of this Act, such objects have been taken or removed.
The various types of Aboriginal sites that can be encountered in Western Australia are described on the DIA website and summarised below.
Artefacts An artefact site is a place where human activity is identifiable by the presence of a portable object/s (e.g., stone, glass, bone, shell) utilised or modified by Aboriginal people in relation to traditional cultural life past or present (Figure 1).
Isolated artefact/s are also considered under this type of site.
Figure 1 Artefact (Source www.dia.wa.gov.au)
Fish Trap A stone, wood, or other similar structure made by Aboriginal people for catching fish (Figure 2). Such structures are generally found on the coast of Western Australia, and in its lakes and rivers.
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Figure 2 Fish Trap (Source: www.dia.wa.gov.au)
Man-Made Structure The placement or arrangement, by Aboriginal people, of stone, wood or other material made into a structure for ceremonial or utilitarian purposes.
Mythological A place that is connected to the great spirit ancestors, in their various manifestations, of the 'Dreamtime' which continues to be important and of special significance to persons of Aboriginal descent.
Ceremonial A place used for a formal act or series of acts prescribed by ritual, belief in a mythological manifestation, religious belief or observance, protocol or convention that is connected with the traditional cultural life of Aboriginal people past or present.
Repository/Cache A place were cultural or utilitarian objects are/were taken, or stored, by Aboriginal people, either past or present.
Grinding Patches/Grooves A place where grinding patches or grooves can be found. Grinding patches or grooves are smoothed areas or grooves on rock surfaces (non-portable) that have been created by grinding activity associated with food production such as seed milling, preparation of pigments, tool manufacture and/or maintenance and ritual (Figure 3).
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Figure 3 Grind Patches/Grooves (Source: ww.dia.wa.gov.au)
Midden Where a localised source of shellfish and other foods has been exploited from a favoured camping place, the accumulated ashes, hearth stones, shells, bones and other refuse can form mounds at times several metres high and many metres in diameter (Figure 4). Such sites may also contain artefacts, fireplaces, burnt shell and bones.
Natural events (e.g. storms) may result in the formation of "midden like" features. Such features are distinguishable from middens by their lack of artefactual material, burnt shell or their composition being of non-edible mollusc species. Therefore, at least two of the following pieces of evidence are required to establish that the accumulation of shells is of Aboriginal origin: Presence of charcoal, burnt wood, blackened shells, hearths; Presence of bones of other edible species; Presence of artefactual material; Presence of layers indicating cultural rather than natural deposition; Evidence that the shell fish have been exploited by human beings, e.g., broken open backs, edible size; Demonstrable selection of edible, mature, shell fish species; and Ethnographic and/or historical evidence related to the accumulated shell refuse.
Figure 4 Midden (Source: www.dia.wa.gov.au)
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Painting Places where Aboriginal people have painted on surfaces. Paintings (including daubings, drawings, stencils, prints) can be figurative or non-figurative markings or motifs on surfaces such as rocks, rock walls and trees at fixed locations that are produced by adding pigments and or mediums, such as ochre, blood, beeswax, animal fats, vegetable dyes and tree saps (Figure 5).
Figure 5 Painting (Source: www.dia.wa.gov.au)
Skeletal Material/Burial A place where Aboriginal skeletal material is buried and/or where mortuary practices occurred.
At least one of the following pieces of evidence is required to establish that the reported place is of Aboriginal origin: Aboriginal skeletal material is visible; and Aboriginal mortuary/burial markers and or ethnographic evidence about the burial/skeletal material.
Engraving A motif (either figurative or non-figurative) on a rock surface produced by percussion or abrasion (Figure 6). Engravings are also often referred to as petroglyphs.
Figure 6 Engraving (Source: www.dia.wa.gov.au)
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Historical A place that has historical associations with Aboriginal people that may or may not contain physical evidence of those associations.
Modified or Scarred Tree A place with one or more tree(s), living or dead, that has been modified by Aboriginal people by removing the bark or wood resulting in the formation of a scar (Figure 7). This sort of modification was and is frequently done for the making of implements, tools or other materials that were used in traditional cultural practices.
At least two of the following pieces of evidence are required to establish that a scar is of Aboriginal origin: The scarred tree is an indigenous species and a mature individual; The scar base normally begins above ground level; The scar is roughly parallel-sided and fairly symmetrical in its overall shape; The bark regrowth is generally regular; The scar terminations are either squared off or pointed as a result of bark regrowth; Axe marks are present; and Suspected toe holes are arranged in a usable pattern.
Figure 7 Scarred Tree (Source: www.dia.wa.gov.au)
Quarry When outcrops of rock suitable for the manufacture of stone tools were quarried by Aborigines, evidence of the flaking and chipping of the source material can usually be seen in situ and nearby (Figure 8). Ochre and other mineral pigments were mined from naturally occurring seams and other deposits. This activity can sometimes be recognised by the presence of wooden digging sticks or the marks made by these implements.
At least two of the following pieces of evidence are required to establish that a natural occurrence of raw material has been used as a quarry: Evidence for the removal of material/modified surfaces in the form of negative scarring, crushing, areas of excavation etc; Presence of implements used during extraction (e.g. hammerstones, fire-hardened sticks) at the source; Evidence of flaking and reduction of the stone material at the source; Presence of partially-worked material at the source; and
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Ethnographic evidence relating to the extraction of raw material at the source.
Figure 8 Quarry (Source: www.dia.wa.gov.au)
The Aboriginal Heritage Act 1972 also provides protection to objects, which are defined in Section 6 as: a) All objects whether natural or artificial and irrespective of where found or situated in the State, which are or have been of sacred, ritual or ceremonial significance to persons of Aboriginal descent, or which are or were used for, or made or adapted for use for, any purpose connected with the traditional cultural life of the Aboriginal people past or present; and b) Objects so nearly resembling an object of sacred significance to persons of Aboriginal descent as to be likely to deceive or be capable of being mistaken for such an object.
There are a range of objects associated with ceremonial practice including: Head and body decorations (e.g. armlets, anklets, belts, nose-pegs and necklaces); Tools used in ceremonies (e.g. implements to create cicatrices and for circumcision, hammers for tooth evulsion, wallet/bags to hold sacred items); and Sacred objects (e.g. incised stones, shells or wooden boards).
Most tools were portable and multi-purpose and usually made from plant or animals products. Basic implements included: Spears; Woomeras; Boomerangs; Digging sticks; Stone tools such as points, scrapers and adzes; Throwing sticks/clubs; Wooden, bark or shell dishes; and Grindstones.
In general objects made from organic materials seldom survived the rigour of use and exposure to the elements. Open scatters of stone artefacts, shell middens and stratified archaeological deposits are often the only record of occupation and use of the land. Common stone artefacts include:
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Choppers/hand axes; Grind stones/hammer stones/anvil stones; Points; Adzes; Hafted/edge-ground axes; and Blades.
4.2 Identification of Aboriginal Sites
At KCGM a number of archaeological and ethnographic heritage surveys have been conducted to identify Aboriginal sites.
All Aboriginal sites identified during surveys are reported to the Department of Indigenous Affairs for inclusion in the Register of Aboriginal Sites. The coordinates of identified ethnographic and archaeological sites are also mapped in the KCGM Geographical Information Systems (GIS) database to ensure that sites are not disturbed during mining activities.
4.2.1 Ethnographic Surveys
The purpose of ethnographic survey is the identification and recording of Aboriginal sites through interviews and site inspections with Aboriginal consultants. During ethnographic surveys Aboriginal consultants are asked about their associations with the land that is under consideration and whether they know of the existence of any places that might be considered Aboriginal sites.
An ethnographic survey was conducted across the KCGM operations in 1989 by a qualified anthropologist. Additional surveys were conducted in 2000, 2001 and 2004. Aboriginal people who have long term associations with the region have been consulted on a number of occasions and local elders have visited the area.
4.2.2 Archaeological Surveys
Archaeological survey involves visual inspection of the ground surface to determine whether any Aboriginal cultural material (e.g. stone tools) is present. The purpose of an archaeological survey is to: Establish whether a piece of land contains physical evidence of past Aboriginal occupation and land use (archaeological sites); and To record, assess and make recommendations regarding the management of archaeological sites.
Archaeological surveys have been conducted at KCGM by a qualified archaeologist in 1989, 2000 and 2001.
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4.3 Aboriginal Sites at KCGM
4.3.1 Ethnographic
In the Coolgardie/Kalgoorlie/Menzies region Aboriginal sites are related mainly to five mythological sagas (O’Connor, 2004): 1. The Yina Kutjara – Two mythic human ancestors who bought law and religion to the region and travelled from the Coolgardie region through Kalgoorlie, Ora Banda, Broad Arrow and Menzies towards Lake Carey; 2. The Tjilkarmarta (or echidna ancestor) – A topography creating being who travelled through Kalgoorlie and Goongarrie to a final resting place at Niagara falls; 3. The Nganamarra (or mallee fowl ancestor) – A topography creating being who appears to have circled the region; 4. The Kurangara (or Pleiades) – Created sacred areas of specific significance to women; and 5. The Wati Kutjarra/Pap/Karlaya – Deals with the exploits of two mythic men and a dog pursuing an emu ancestor through the Leonora region.
Generally, sites associated with these mythic sagas are either prominent rock outcrops or water sources (O’Connor, 1989).
Ten sites of ethnographic significance have been identified in close proximity to KCGM’s operations (Table 2 and Figure 9). These sites are all included in the Register of Aboriginal Sites (Appendix 2).
Table 2 Ethnographic Sites in the KCGM Area Site ID Access Restriction Site Name Site Type Site No. 1541 Closed No restriction Nanny Goat Hill Ceremonial, W01662 (Pilyurru) Mythological, Camp 1417 Closed No restriction Ninga Mia Hill Mythological W01753 1418 Closed No restriction Karlkurla Mythological, W01754 Water Source 1421 Closed No restriction Paddy Hannans Tree Mythological W01757 1422 Closed No restriction Quarry Rockhole Mythological, W01758 Water Source 1425 Open No restriction Kalgoorlie Reserve - W01761 1476 Closed No restriction Muruntjarta Mythological, W01760 Camp 1540 Closed No restriction Kalgoorlie Rockhole Mythological, W01661 Water Source 1542 Closed No restriction Microwave Tower Hill Mythological W01663 3010 Closed No restriction Mt Charlotte Mythological W00120
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Figure 9 Aboriginal Sites in the KCGM Area (Site ID shown)
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4.3.2 Archaeological
Archaeological surveys indicate that the KCGM area was originally not favoured because of a lack of natural resources. As water and stone sources were the focal point for Aboriginal activity in the area any archaeological sites are generally found in a similar context.
It is most likely that Aboriginal people would have used the watercourses as passageways from the abundant resources of the creeks and lakes to the adjacent hinterland (O’Connor & Quartermaine, 1991). Hence, archaeological sites are likely to be present near lakes, creeks and other water sources as well as on the slopes and at the bases of hills. Larger sites will be located near sources of permanent or semi-permanent water while small sites will be near ephemeral sources of water, such as creeks and claypans.
However, the advent of European activity in the area changed the spatial pattern of Aboriginal activity (Quartermaine Consultants, 2001). Disturbance of the traditional Aboriginal range by pastoral activities and the need for new resources to replace the traditional sources, which had effectively been fenced off, drew the Aboriginal people to camps and towns of the Europeans. Materials such as glass and ceramics were favoured for their flaking qualities and metal was used both in composite tools and to manufacture other tools.
Two sites of archaeological significance have been identified in close proximity to KCGM’s operations (Table 3 and Figure 9). These sites are included in the Register of Aboriginal Sites (Appendix 2).
Table 3 Archaeological Sites in the KCGM Area Site ID Access Restriction Site Name Site Type Site No. 18572 Open No restriction Bulong Rd KCGM Artefacts/Scatter, - Two Historical 18573 Open No restriction Bulong Rd KCGM Modified Tree - One
Site 18573 is a tree that is believed to have been modified by Aboriginal people. The tree is a gimlet gum (Eucalyptus salubris) with two sections of bark, one above the other, removed from the south side of the trunk. Quartermaine Consultants (2001) reported that the tree complies with the criteria for authentication and that while this tree has limited archaeological potential it is unique to the area and could be considered ethnographically important.
Site 18572 is a scatter of European debris which incorporates some flaked glass. Quartermaine Consultants (2001) reported that the area appears to have been a European settlement, or, at the very least, a dam and rubbish dump, that was visited by Aboriginal people. The assemblage included blue glass, clear glass, ale bottle bases and green glass. In the case of small glass bases, the natural shape of the base appears to have been retained and the artefact merely trimmed.
The site is sparse with low stratigraphical potential, but it is a unique contact site that should be preserved and/or recorded.
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5 PROTECTION OF IDENTIFIED ABORIGINAL SITES
The Aboriginal Heritage Act 1972 provides protection for all Aboriginal sites whether or not they are recorded on the Register of Aboriginal Sites. Under Section 17 of the Act it is an offence to disturb an Aboriginal site. A person who: Excavates, destroys, damages, conceals or in any way alters any Aboriginal site; or In any way alters, damages, removes, destroys, conceals or who deals with in a manner not sanctioned by relevant custom, or assume the possession, custody or control of, any object on or under an Aboriginal site,
commits an offence unless they are acting with the authorisation of the Registrar of Aboriginal Sites or the consent of the Minister for Indigenous Affairs
At KCGM, Aboriginal sites are protected using a combination of the following methods: Aboriginal sites are identified through ethnographic and archaeological surveys; The Department of Indigenous Affairs are informed of identified Aboriginal sites for inclusion in the Register of Aboriginal sites; Coordinates of identified sites are recorded in the KCGM GIS database; Clearance must be obtained from the Land Administrator if any activity is going to take place outside of the fenced boundary of the operation (Appendix 4); Location of Aboriginal sites is considered during planning and mining activities. Where possible projects are designed to avoid disturbance of Aboriginal sites; Aboriginal sites are considered during preparation of Mining Proposals and approval by the Department of Mines and Petroleum; Information on sites of cultural significance provided as part of the general induction; All employees are required to take part in Cross Cultural training; Aboriginal Heritage Management Plans are developed for specific sites where necessary. Plans are to be developed in accordance with the DIA’s requirements and relevant Aboriginal groups consulted; If an Aboriginal site must be disturbed, approval is to be sought from the Minister for Indigenous Affairs via a Section 18 application. Work cannot commence until approval is received from the Minister; and Rehabilitation of sites conducted where necessary (i.e. removal of rubbish and weeds from Nanny Goat hill). Prior to work commencing at Aboriginal sites consultation is undertaken with the DIA and a rehabilitation proposal prepared (Appendix 3). Within the rehabilitation proposal it is detailed: o What indigenous consultation has been undertaken; o The area that is to be rehabilitated; o What work is to be undertaken; o Who is responsible for the rehabilitation tasks; and o When the rehabilitation is to be undertaken. Work is not conducted at Aboriginal sites without the approval of the DIA.
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6 IDENTIFICATION AND PROTECTION OF NEW ABORIGINAL SITES 6.1 Identification of New Aboriginal Sites KCGM has minimised the potential for new Aboriginal sites to be identified during mining activity by consulting with the relevant Aboriginal people so that the existence of sites is known beforehand. Additionally, due to the close proximity to the City of Kalgoorlie- Boulder and history of mining, pastoral and urban activity in the area it is unlikely that new Aboriginal sites will be encountered at KCGM.
However, there is the potential for an Aboriginal site or remains to be uncovered by natural forces or when sand or soil is being moved (i.e. for mineral exploration or mining activities).
6.2 Protection of New Aboriginal Sites
6.2.1 Aboriginal Skeletal/Ancestral Remains
Aboriginal skeletal/ancestral remains are of great significance to Aboriginal people, who feel strongly about the removal of remains from grave sites. If a burial site or Aboriginal remains are found during ground disturbing activity at KCGM the following actions will be taken:
1. Ground disturbing activity in the area will be stopped immediately. The site will be barricaded to prevent further inadvertent access or disturbance. 2. The Police and Registrar of Aboriginal Sites will be notified immediately. 3. Detailed photographs will be taken of the skull (front, back, left, right, top and bottom) without further disturbing the site to help with identification. Photographs will also be taken of the general area. 4. The location of the remains will be recorded in the KCGM GIS database. 5. The Police will investigate the site as soon as possible. 6. Upon notification that the remains are of Aboriginal origin and not a matter for further Police involvement, the Registrar of Aboriginal Sites will seek the immediate involvement of the relevant Aboriginal people. If it is necessary to disturb the remains for the purpose of identification this will be undertaken by a qualified archaeologist or forensic specialist. 7. KCGM will develop, in consultation with the DIA and relevant Aboriginal people, an appropriate action plan for the management of the remains. The following options will be considered during the development of the action plan: o Leave the remains in situ if they have not been disturbed or disturbance has been minimal; o Rebury in the same place if the burial has only been partially disturbed and activity at the site can be halted permanently; o Rebury as close as possible to the location at which the remains were found where the risk of future re-disturbance is minimised; and o Rebury in a gazetted cemetery or keeping place if disturbance in the area is unavoidable. 8. The Registrar will ensure that the burial place is recorded and placed on the Register of Aboriginal Sites.
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9. The Registrar will ensure that the burial place is reported to the Commonwealth Minister for Indigenous Affairs, in accordance with the legal requirements under the Aboriginal and Torres Strait Islander Protection Act 1984. 10. If KCGM wishes to carry on activity in the area they will lodge an application to use the land. The Section 18 application will be prepared by a suitably qualified consultant with relevant experience. The application and supporting documentation will be prepared in accordance with the requirements of the Guidelines for Preparing Reports for Application to the Aboriginal Cultural Material Committee Under Section 18 of the Aboriginal Heritage Act 1972 (DIA). The following information will be included in the application: o Description of proposed activities; o Summary of previously reported Aboriginal sites; o Review of previous heritage survey reports and other research materials; o Description of methodology used during the survey; o Acknowledgements and list of survey participants; o Thorough description of Aboriginal site(s); o Relevant information about the importance and significance of any Aboriginal sites, taking into account the criteria referred to in Section 5 and 39 (2) of the Act; o Detailed description of the effect or potential effect of a proposed land use(s) on the cultural heritage values of Aboriginal sites; o Measures that might be taken to avoid or minimise the impact on affected places; and o Recommendation on whether or not the Minister should consent to the use of the land and, where applicable, the extent to which and conditions upon which consent should be given.
6.2.2 Previously Unidentified Aboriginal Site
If a previously unidentified Aboriginal site is found (i.e. artefacts are uncovered) at KCGM the following actions will be taken:
1. Ground disturbing activity in the area will be stopped. The site will be barricaded to prevent further inadvertent access or disturbance. 2. A heritage survey will be conducted by a suitably qualified consultant. Relevant Aboriginal people will be consulted where appropriate. 3. If the heritage survey determines that the area is not an Aboriginal site, work will recommence. 4. If the heritage survey determines that the area is an Aboriginal site, a report will be prepared and submitted to the DIA. The report will be prepared in accordance with the relevant template on the DIA website. 5. The Registrar will ensure that the site is recorded and placed on the Register of Aboriginal Sites. 6. If KCGM wishes to carry on activity in the area, an application to use the land will be lodged with the Aboriginal Cultural Material Committee. The Section 18 application will be prepared by a suitably qualified consultant with relevant experience and in accordance with the requirements of the Guidelines for Preparing Reports for Application to the Aboriginal Cultural Material Committee Under Section 18 of the Aboriginal Heritage Act 1972 (DIA).
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7. If appropriate, KCGM will prepare an Aboriginal Heritage Management Plan for the site. The Plan will be developed in accordance with the DIA’s requirements and relevant Aboriginal groups consulted. The following information will be included in the Aboriginal Heritage Management Plan: 1. Current use of site; 2. Prospective use of site; 3. Presentation of site; 4. What is significant about the site; 5. Strategies for maintenance, protection and monitoring; 6. Current threats and how these can be solved; 7. Potential threats and how these could be prevented; 8. Cause of the threat and how the cause can be eliminated; 9. Funding avenues; 10. Management of the site; and 11. Performance monitoring and reporting.
6.2.3 Reporting of Disturbance to an Aboriginal Site
An Aboriginal site is disturbed when it is excavated, destroyed, damaged, concealed, or in any way altered any without prior authorisation of the Registrar of Aboriginal sites and/or consent of the Minister for Indigenous Affairs. The Aboriginal Heritage Act 1972 (AHA) protects places and objects that may be of importance and significance to people of Aboriginal descent in Western Australia. These places and objects may be identified as a site and recorded on the Register of Aboriginal sites. All sites are protected under the AHA whether or not they are recorded on the Register. Under section 17 of the AHA it is an offence to disturb a site.
In the highly unlikely event that there is an alleged disturbance of an Aboriginal site associated with KCGM’s operations, KCGM will take the following actions:
1. Ground disturbing activity in the area will be stopped immediately. The site will be barricaded off to prevent further inadvertent access or disturbance. 2. An incident report will be prepared in consultation with the person who reported the disturbance. 3. The DIA or the police will be contacted as soon as possible to notify them of the alleged disturbance. 4. A thorough internal incident investigation will be carried out.
6.2.4 Consequences for Site Disturbance
Disturbing an Aboriginal site is an offence against the AHA and may lead to legal action.
In the case of a disturbance by an individual, penalties comprise fines from $ 20,000 to $ 40,000 and imprisonment for nine months to two years and a daily penalty of $400. A disturbance by a body corporate may result in penalties that comprise fines ranging from $50,000 to $100,000 and a daily penalty of $1,000.
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7 REVIEW CYCLE
The Aboriginal Cultural Heritage Plan will be reviewed as required, including when:
o there is a significant change proposed to the Fimiston Operation such as an expansion which may require further aboriginal heritage surveys and increase the likelihood of identification of new Aboriginal sites and;
o there is a change in legislation relating to the identification and protection of Aboriginal sites.
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8 BIBLIOGRAPHY
Aboriginal Heritage Act 1972. State of Western Australia.
Marnta Media Pty. Ltd. 2003. Marnta Seminars. Aboriginal Cultural Awareness.
O’Connor, R. 1994. Addendum to the December 1898 Report on a Survey for Aboriginal Sites at the Kalgoorlie Consolidated Gold Mines Pty Ltd Leases, Kalgoorlie.
O’Connor, R. 2000. Report on an Ethnographic Survey of the Proposed Eastern Bypass Realignment and Mount Monger Road Deviation.
O’Connor, R. 2001. Report on an Ethnographic Survey of Leases Between the Trans- Australia Railway Line and Mount Monger Road.
O’Connor, R. & E.O. 2004. Report on an Ethnographic Survey of the Proposed Loopline Railway Route in Kalgoorlie.
O’Connor, R & Quartermaine, G. 1989. Report on a Survey for Aboriginal Sites at the Kalgoorlie Consolidated Gold Mines Pty Ltd Mining Leases, Kalgoorlie.
O’Connor, R & Quartermaine, G. 1991. Report on a Survey for Aboriginal Sites Fimiston Mill Upgrade Water Supply Development Project and Tailings Dam Site, Kalgoorlie.
Quartermaine, G 2000. Report on an Archaeological Investigation for Aboriginal Sites: Eastern Bypass Realignment and Mt Monger Road Deviation Kalgoorlie.
Quartermaine Consultants 2001. Report on an Archaeological Survey for Aboriginal Sites Between the Trans-Australia Railway Line and Mount Monger Road.
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9 GLOSSARY OF TERMS
Aborigine: Comes from meaning “from the beginning” or “origin”
Aboriginal Heritage Act: The Aboriginal Heritage Act 1972 (AHA) was introduced in Western Australia in 1972 to make provision on behalf of the community for the preservation of places and objects customarily used by traditional to the original inhabitants of Australia or their descendants.
Aboriginal Heritage Survey Report: A report of an archaeological, ethnographic, anthropological or other type of heritage survey prepared for the purposes of the AHA. Aboriginal heritage survey reports constitute a significant portion of the Register of Aboriginal Sites. There are a number of different types of heritage survey reports. These include Desk Top Surveys, Site Identification Surveys, Work Area Clearance Surveys and Site Avoidance Surveys.
Aboriginal Site: Aboriginal sites are places of importance and significance to Aboriginal people and to the cultural heritage of Western Australia. Aboriginal sites are significant because they link Aboriginal cultural tradition to place, land and people over time. Aboriginal sites are as important today as they were many thousands of years ago and will continue to be an integral part of the lives of Aboriginal people and the heritage of Western Australia. Sites can be found in a diverse range of places. They can be put into two basic but overlapping categories: Archaeological sites – places or objects where material remains associated with past Aboriginal land use. Anthropological sites – places of spiritual importance and significance to Aboriginal people.
Anthropology: The study and recording of human kind
Archaeological Site: A collection of tools, bones etc. together in a small area that are the product of human activities.
Archaeology: The methodological process by which archaeologists collect information about the location, distribution and organisation of past human cultures across an area of land.
Artefact: Any object made or modified by human kind. In the Australian context, stone tools especially.
Artefact Concentration: A concentration of artefacts is where there are a greater number of physical remains in a given area compared with the number or density of remains in a surrounding area.
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Artefact Scatter: A group of artefacts (especially stone tools) located on the ground surface.
Crown Land: Crown land is a general term for all lands owned by the State of Western Australia and controlled by the government. In effect, crown land is land that is not privately owned and has remained in public ownership.
Consultation: Meeting to share information and advice with another party.
DIA: Department of Indigenous Affairs. Ethnographic: Description of a culture, usually based on the method of participant observation.
Ethnography: The study and recording of human cultures.
Indigenous: Used to describe both Aboriginal and Torres Strait Islanders and means “native to place”.
Landowner: For the purpose of the AHA, the term ‘owner of land’ includes:
Those with Crown leases
Those holding rights under any mining tenement or privilege
Those with rights conferred by the Petroleum Act 1967
Mining Tenement: The Department of Mining and Petroleum (DMP) receives applications and allocates titles giving legal rights to explore for and mine minerals in Western Australia. DMP is involved in land use planning to ensure access to land for exploration and mining development. It is also responsible for liaison with industry and other stakeholders on Aboriginal matters and for the negotiation of mineral and petroleum title applications through the Native Title Act 1993 (Cwlth).
(Source: www.dia.wa.gov.au)
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Appendix 1: KCGM Indigenous Peoples Policy
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KCGM Indigenous Peoples Policy Modern archaeology dates Aboriginal occupation of To enhance its relationships with the the Goldfields Esperance region back to the Ice Age, local Indigenous community KCGM will: more than 20 000 years ago. Three different Aboriginal cultures traditionally • Recognise and observe occupied the lands now known as the Goldfields all local, state and federal Esperance region. These cultural groups were divided laws relevant to into many tribes and clan groups who each spoke a indigenous and cultural variety of languages and dialects and observed distinct heritage and title traditions, laws and customs. These cultural groups matters; included; • Strengthen existing, and • Western Desert peoples from lands north and east establish new, long-term of Kalgoorlie, like Leonora and Warburton in the relationships with local northeast and Coonana to Tjuntjuntjarra in the East. Aboriginal communities The desert peoples include the Wongutha People so that we can better and a number of other tribes. understand Indigenous • Mirning, Ngadju and Gubrun peoples whose issues, priorities and traditional lands extended from the Great Australian goals; Bight to Norseman up to Kambalda, Kalgoorlie and Ensure meaningful involvement of Indigenous west to Southern Cross; and • communities organisations and stake-holders in • South West Noongar peoples at Esperance and matters that impact upon them; Ravensthorpe; • Create and implement a local Kalgoorlie-Boulder Kalgoorlie Boulder has always been an important Indigenous cross-cultural awareness program to cultural area, but since the discovery of gold, the assist KCGM employees in understanding the local creation of missions, and the development of Indigenous community; Kalgoorlie Boulder as a regional centre, many of these peoples have made Kalgoorlie Boulder their home. • Actively work to increase the number of Indigenous people employed directly by KCGM or our contractors; KCGM recognises the diversity of Indigenous social, cultural and community interests in the Kalgoorlie • Wherever reasonable, provide local Indigenous Boulder region. We also believe that the physical, businesses with the opportunity to participate social and economic well being of Aboriginal people is directly or indirectly in supply opportunities; and in the interests of the entire community. • Monitor and assess our Indigenous relations “...understand“...understand performance, and strive for continuous IndigenousIndigenous improvement. issues...”issues...”
Aboriginal Cultural Heritage Management Plan
Appendix 2: Summary of Aboriginal Heritage Sites
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Aboriginal Heritage Inquiry System Register of Aboriginal Sites
Search Criteria
10 sites in a search box. The box is formed by these diagonally opposed corner points:
MGA Zone 51 Northing Easting 6597140 353839 6599825 355755
Disclaimer
Aboriginal sites exist that are not recorded on the Register of Aboriginal Sites, and some registered sites may no longer exist. Consultation with Aboriginal communities is on-going to identify additional sites. The AHA protects all Aboriginal sites in Western Australia whether or not they are registered.
Copyright
Copyright in the information contained herein is and shall remain the property of the State of Western Australia. All rights reserved. This includes, but is not limited to, information from the Register of Aboriginal Sites established and maintained under the Aboriginal Heritage Act 1972 (AHA).
Legend
Restriction Access Coordinate Accuracy
N Accuracy is shown as a code in brackets following the site coordinates. No restriction C Closed M [Reliable] The spatial information recorded in the site file is deemed to be reliable, due to methods of capture. Male access only O Open F Female access [Unreliable The spatial information recorded in the site file is deemed to be unreliable due to errors of spatial V Vulnerable data capture and/or quality of spatial information reported.
Status
L Lodged IR Insufficient Information (as assessed by Site Assessment Group) Site Assessment Group (SAG) Sites lodged with the Department are assessed under the direction of I Insufficient Information PR Permanent register (as assessed by Site Assessment Group) the Registrar of Aboriginal Sites. These are not to be considered the P Permanent register SR Stored data (as assessed by Site Assessment Group) final assessment. S Stored data Final assessment will be determined by the Aboriginal Cultural Material Committee (ACMC). Spatial Accuracy
Index coordinates are indicative locations and may not necessarily represent the centre of sites, especially for sites with an access code “closed” or “vulnerable”. Map coordinates (Lat/Long) and (Easting/Northing) are based on the GDA 94 datum. The Easting / Northing map grid can be across one or more zones. The zone is indicated for each Easting on the map, i.e. '5000000:Z50' means Easting=5000000, Zone=50.
© Government of Western Australia Report created 19 Nov 2009 16:17:33. Identifier: 628559. Page 1 Aboriginal Heritage Inquiry System Register of Aboriginal Sites
Site ID Status Access Restriction Site Name Site Type Additional Info Informants Coordinates Site No. 1417 P C N Ninga Mia Hill Mythological Not available for W01753 closed sites 1418 P C N Karlkurla. Mythological Water Source *Registered Informant Not available for W01754 names available from closed sites DIA. 1421 P C N Paddy Hannans Tree Mythological Not available for W01757 closed sites 1422 P C N Quarry Rockhole. Mythological Water Source *Registered Informant Not available for W01758 names available from closed sites DIA. 1425 P O N Kalgoorlie Reserve *Registered Informant 355071mE W01761 names available from 6600036mN DIA. Zone 51 [Reliable] 1476 P C N Muruntjarta. Mythological Camp Not available for W01706 closed sites 1540 P C N Kalgoorlie Rockhole. Mythological Water Source *Registered Informant Not available for W01661 names available from closed sites DIA. 1541 P C N Nanny Goat Hill (Pilyurru) Ceremonial, Camp *Registered Informant Not available for W01662 Mythological names available from closed sites DIA. 1542 P C N Microwave Tower Hill Mythological *Registered Informant Not available for W01663 names available from closed sites DIA. 3010 P C N Mt Charlotte Mythological *Registered Informant Not available for W00120 names available from closed sites DIA.
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Appendix 3: Mt Gleddon (Nanny Goat Hill) Rehabilitation Proposal 2005
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Appendix 4: Mt Gleddon (Nanny Goat Hill) Rehabilitation Project 2009 Update
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Mt Gleddon (Nanny Goat Hill) Rehabilitation Project 2009 Update
Top of Mt Gleddon looking southeast to Williamstown and Fimiston waste dumps (in background)
Goldfields Hwy looking east to Mt Gleddon
Looking east to Williamstown from base of Mt Gleddon
Looking west to Kalgoorlie-Boulder (new carpark below)
Additional Photos - 2009
Aboriginal Cultural Heritage Management Plan
Appendix 5: Pre-Commencement Work Area Clearance
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ENVIRONMENT, HEALTH AND SAFETY DEPARTMENT STANDARD OPERATING PROCEDURE
ID Number – EHS_ENV_SOP011 Expiry October 2010
PRE-COMMENCEMENT WORK AREA CLEARANCE
Approval Version Revised By Manager Document Date Reason for Change Owner 2 A.Lally J Bawden Senior 08/10/2002 Changes required 3 C.Wharton G Smith Environmental 16/10/2009 Revision/Formatting Coordinator /Land Administrator
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ENVIRONMENT, HEALTH AND SAFETY DEPARTMENT STANDARD OPERATING PROCEDURE
ID Number – EHS_ENV_SOP011 Pre-Commencement Work Area Clearance
TABLE OF CONTENTS
1. PURPOSE & SCOPE 3
2. FLOW CHART 4
3. DEFINITIONS 5
4. PROCEDURE 6
5. ACTS, REGULATIONS & STANDARDS 7
6. KCGM RELATED DOCUMENTS 7
7. ATTACHMENTS 7 7.1. ATTACHMENT 1 7 7.2. ATTACHMENT 2 7
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ENVIRONMENT, HEALTH AND SAFETY DEPARTMENT STANDARD OPERATING PROCEDURE
ID Number – EHS_ENV_SOP011 Pre-Commencement Work Area Clearance
1. PURPOSE & SCOPE
The purpose of this procedure is to ensure that personnel are aware of areas where normal mining related activities can occur and what activities are permitted within such areas, and when activities will require the completion of a Pre-commencement Work Area Clearance Form (PCWAC).
For ALL activities outside of pre-approved areas (Attachment 1) the completion of a Pre-commencement Work Area Clearance Form (PCWAC) is required to ensure that any KCGM employee or persons acting on behalf of KCGM are performing permitted activities in appropriate areas.
The intent of this procedure is to allow day to day activities to be performed in appropriate areas and prevent activities from occurring in sensitive areas without appropriate approvals.
The following flow chart should be used to assist in completing the PCWAC form. The flow chart describes the process to be followed when identifying whether an activity can proceed in a particular area.
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ID Number – EHS_ENV_SOP011 Pre-Commencement Work Area Clearance
2. FLOW CHART
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ENVIRONMENT, HEALTH AND SAFETY DEPARTMENT STANDARD OPERATING PROCEDURE
ID Number – EHS_ENV_SOP011 Pre-Commencement Work Area Clearance
3. DEFINITIONS
ACTIVITY: Work associated with operating a mine including waste dumping and tailings disposal
PRE APPROVED AREA: An area where specific activities may be performed eg. Dumping of waste rock, Drilling, Blasting etc. Refer to Attachment 1, Figure 1 – Location of Pre– Approved Work Areas.
PCWAC FORM: Refers to the document: EHS_ENV_FRM005_Pre-Commencement Work Area Clearance Form.
SENSITIVE AREAS: An area where internal and/or external conditions must be satisfied before specific activities may or may not be carried out eg. Williamstown Work Clearance Permit or Ethnographical Sites. Refer to Attachment 1, Figure 2 – Location of Sensitive Areas.
GENERAL WORKS PERMITS: Includes a summary of Permits and Checklists to be completed BEFORE any activity occurs.
APPROVAL: Authorised approval from appropriate Manager, via signature.
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ENVIRONMENT, HEALTH AND SAFETY DEPARTMENT STANDARD OPERATING PROCEDURE
ID Number – EHS_ENV_SOP011 Pre-Commencement Work Area Clearance
4. PROCEDURE
Step Description of Task Responsibilit y
1 Complete Section 1 of PCWAC Form Originator
Details Of Proposed Activity
2 Complete Section 2 Of PCWAC Form Originator / Department Location of the Proposed Activity Manager
Determine whether the proposed works / activities are completely within a pre-approved area. (Attachment 1)
3 If YES to Section 2 Originator
- Go to Step 6
If NO to Section 2 Land Administrator - Complete Section 3 of PCWAC Form
Sensitive Areas Checklist
5 Complete Section 4 of PCWAC Form Environmental Officer Environmental Checklist
NOTE: Conditions may need to be added to the scope of Land proposed work in regards to Sections 3 and 4 of the PCWAC Administrator form.
6 Complete Section 5 of PCWAC Form - General Works Originator Permits
Department Manager Approval – Begin Project Department Manager
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ID Number – EHS_ENV_SOP011 Pre-Commencement Work Area Clearance
5. ACTS, REGULATIONS & STANDARDS
TITLE ORGANISATION LOCATION
Ministerial Conditions Western Australian Minister for the Environment
Tenement Conditions Department of Minerals and Petroleum Resources
Licence L6420/12 - Fimiston Plant and Tailings Department of Disposal Environment and Conservation
Licence L5946/9 – Gidji Roaster Department of Environment and Conservation
Environmental Protection Act 1986 Environmental Protection Authority
Western Australian Aboriginal Heritage Act 1972 Department of Indigenous Affairs
Western Australian Mining Act 1978 Department of Mines and Petroleum
6. KCGM RELATED DOCUMENTS
EHS_ENV_FRM005_Pre-Commencement Work Area Clearance Form
7. ATTACHMENTS
7.1. Attachment 1
Map showing Pre – Approved Work Areas and Sensitive Areas
7.2. Attachment 2
Copy of the Pre-commencement Work Clearance Form
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Aboriginal Cultural Heritage Management Plan
Appendix 6: Ministerial Statement No.782
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STATUS OF THIS DOCUMENT This document has been produced by the Office of the Appeals Convenor as an electronic version of the original Statement for the proposal listed below as signed by the Minister and held by this Office. Whilst every effort is made to ensure its accuracy, no warranty is given as to the accuracy or completeness of this document. The State of Western Australia and its agents and employees disclaim liability, whether in negligence or otherwise, for any loss or damage resulting from reliance on the accuracy or completeness of this document. Copyright in this document is reserved to the Crown in right of the State of Western Australia. Reproduction except in accordance with copyright law is prohibited. Published 29 January 2009 Statement No. 782
STATEMENT THAT A REVISED PROPOSAL MAY BE IMPLEMENTED (PURSUANT TO THE PROVISIONS OF THE ENVIRONMENTAL PROTECTION ACT 1986)
FIMISTON GOLD MINE OPERATIONS EXTENSION (STAGE 3) AND MINE CLOSURE PLANNING
Proposal: The continuation of mining operations at the Fimiston site, and expansion and deepening of the Superpit to 600 metres via the Golden Pike Cutback. Additional waste dumps will be created to the north of the pit to contain 140 million tonnes of waste rock. The Fimiston I and II tailings storage facilities and/or the Kaltails tailings storage facility will be expanded to contain the additional tailings.
Proponent: Kalgoorlie Consolidated Gold Mines Pty Ltd
Proponent Address: Private Mail Bag 27, KALGOORLIE WA 6433
Assessment Number: 1581
Previous Assessment Number: 248
Previous Statement Number: 188
Report of the Environmental Protection Authority: Bulletin 1273
Previous Reports of the Environmental Protection Authority: Bulletins 539; 1270
Minister’s appeal determination: 158 to 206 of 2007
The revised proposal to which the above reports of the Environmental Protection Authority relate may be implemented by the proponent subject to the following conditions and procedures. Where the conditions of this statement are in conflict with the conditions of Statement No. 188, these conditions shall prevail.
2
1 Proposal Implementation
1-1 The proponent shall implement the proposal as documented and described in schedule 1 of this statement subject to the conditions and procedures of this statement.
2 Proponent Nomination and Contact Details
2-1 The proponent for the time being nominated by the Minister for the Environment under sections 38(6) or 38(7) of the Environmental Protection Act 1986 is responsible for the implementation of the proposal.
2-2 The proponent shall notify the Chief Executive Officer of the Department of Environment and Conservation (CEO) of any change of the name and address of the proponent for the serving of notices or other correspondence within 30 days of such change.
3 Time Limit of Authorisation
3-1 The authorisation to implement the proposal provided for in this statement shall lapse and be void within five years after the date of this statement if the proposal to which this statement relates is not substantially commenced.
3-2 The proponent shall provide the CEO with written evidence which demonstrates that the proposal has substantially commenced on or before the expiration of five years from the date of this statement.
4 Compliance Reporting
4-1 The proponent shall submit to the CEO environmental compliance reports annually reporting on the previous twelve-month period, unless required by the CEO to report more frequently.
4-2 The environmental compliance reports shall address each element of an audit program approved by the CEO and shall be prepared and submitted in a format acceptable to the CEO.
4-3 The environmental compliance reports shall:
1. be endorsed by signature of the proponent's chief executive officer or a person, approved in writing by the CEO, delegated to sign on behalf of the proponent's chief executive officer;
2. state whether the proponent has complied with each condition and procedure contained in this statement;
3. provide verifiable evidence of compliance with each condition and procedure contained in this statement; 3
4. state whether the proponent has complied with each key action contained in any environmental management plan or program required by this statement;
5. provide verifiable evidence of conformance with each key action contained in any environmental management plan or program required by this statement;
6. identify all non-compliances and non-conformances and describe the corrective and preventative actions taken in relation to each non-compliance or non-conformance;
7. review the effectiveness of all corrective and preventative actions taken; and
8. describe the state of implementation of the proposal.
4-4 The proponent shall make the environmental compliance reports required by condition 4-1 publicly available in a manner approved by the CEO.
5 Performance Review
5-1 The proponent shall submit a Performance Review report every five years after the start of mining activities forming part of the expanded and revised proposal to the Environmental Protection Authority, which addresses:
1. the major environmental issues associated with implementing the project; the environmental objectives for those issues; the methodologies used to achieve these; and the key indicators of environmental performance measured against those objectives;
2. the level of progress in the achievement of sound environmental performance, including industry benchmarking, and the use of best available technology where practicable;
3. significant improvements gained in environmental management, including the use of external peer reviews;
4. stakeholder and community consultation about environmental performance and the outcomes of that consultation, including a report of any on-going concerns being expressed; and
5. the proposed environmental objectives over the next five years, including improvements in technology and management processes.
5-2 The proponent shall make the Performance Review reports required by condition 5-1 publicly available in a manner approved by the CEO.
5-3 The proponent shall appoint and fund an independent environmental auditor for an initial period of eighteen months to report to the community through the community 4
reference group and to the Minister for the Environment on the environmental performance of the proponent. The auditor shall:
1. check on compliance with the Ministerial Conditions contained in this Statement;
2. report on the results of dust monitoring and actions taken where dust levels have exceeded set criteria and can be attributable to the proponent;
3. report on consistency with the noise criteria set through the Regulation 17 approval process;
4. report on compliance with conditions set in the licence and performance against environmental criteria set by the licence;
5. report six monthly to the community reference group any non-compliance of conditions or inconsistency with environment criteria as soon as practicable after identifying that non-compliance or inconsistency; and
6. carry out an overall review after eighteen months and advise the Minister for the Environment as to whether the independent auditing should continue.
5-4 Subject to the outcomes of the eighteen month review described in item 6 of condition 5-3, the proponent will continue to fund the independent environmental auditor after the initial period of eighteen months for such time as determined by the Minister for the Environment.
6 Dumping of Waste within five hundred metres of Residences
6-1 Prior to the dumping of waste within five hundred metres of residences, the proponent shall prepare and implement a management plan for waste dumping to ensure that there is no unacceptable detrimental effect on the residents, to the requirements of the Minister for the Environment on advice of the Department of Environment and Conservation.
6-2 In the preparation of the management plan for waste dumping required by condition 6-1, the proponent shall consult with residents within five hundred metres of the dumping of waste and the environmental health staff of the City of Kalgoorlie- Boulder.
7 Air Quality
7-1 Within three months following the issuing of the notice to the decision-making authorities under section 45(7) of the Environmental Protection Act 1986, the proponent shall implement the Air Quality Management Plan (September 2007) to the requirements of the Minister for the Environment on advice of the Department of Environment and Conservation and the Department of Health.
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7-2 The proponent shall review the Air Quality Management Plan referred to in condition 7-1 at twelve-monthly intervals, unless otherwise required by the Environmental Protection Authority, and shall amend the Plan to the requirements of the Minister for the Environment on advice of the Department of Environment and Conservation and the Department of Health.
7-3 The proponent shall implement the amended Air Quality Management Plan required by condition 7-2.
7-4 The proponent shall only detonate explosives at surface level on the premises when wind directions favour the carriage of dust away from the residential areas of Kalgoorlie-Boulder, unless undertaken in accordance with regulation 8.28 (4) of the Mines Safety and Inspection Regulations 1995.
7-5 The proponent shall make available continuous dust monitoring data on their website within 24 hours of the recording of that data.
7-6 The proponent shall install two additional dust monitoring stations, which are to be co-located with the existing wind speed and wind direction monitoring stations.
7-7 The proponent shall keep and make publicly available a register of complaints regarding air emissions; investigate those complaints; and keep a record of the investigations and actions taken with regard to the complaint.
8 Noise
8-1 The proponent shall not conduct any mining activities forming part of the expanded and revised proposal unless and until approval has been granted under regulation 17(7) of the Environmental Protection (Noise) Regulations 1997.
Note: In this condition “mining activities” does not include construction work within the meaning of regulation 13 of the Environmental Protection (Noise) Regulations 1997.
8-2 The proponent shall undertake noise modelling to determine whether a special control area is required in accordance with the Goldfields-Esperance Regional Planning Strategy.
8-3 The proponent shall consult with the Western Australian Planning Commission, Department of Planning and Infrastructure, and the City of Kalgoorlie-Boulder in the implementation of Condition 8-2.
9 Airblast Overpressure and Vibration from Blasting
9-1 The proponent shall only detonate explosives on the premises between the hours of 0700 hours and 1800 hours unless undertaken in accordance with regulation 8.28 (4) of the Mines Safety and Inspection Regulations 1995.
9-2 Where explosives are detonated on the premises outside the requirements specified in conditions 7-4 and 9-1, the circumstances which led to such detonation being 6
necessary shall be reported by the proponent to the CEO within 36 hours following detonation.
9-3 The proponent shall ensure that all airblast overpressure levels due to blasting comply with Regulation 11 of the Environmental Protection (Noise) Regulations 1997.
9-4 The proponent shall make all reasonable effort to avoid blasting on Sundays.
9-5 For all blasting, the proponent shall comply with the following vibration limits, measured or calculated in accordance with section J4.2 of Australian Standard 2187.2 – 2006, for the protection of human comfort at any houses and low rise buildings, theatres, schools and other similar buildings occupied by people and not owned by the proponent:
1. the peak particle velocity shall not exceed 5 millimetres per second for 90% of blasts per year;
2. the peak particle velocity shall not exceed 10 millimetres per second for any blast; and
3. no more than one in ten consecutive blasts shall exceed 5 millimetres per second peak particle velocity.
9-6 Within six months following the issuing of the notice to the decision-making authorities under section 45(7) of the Environmental Protection Act 1986, the proponent shall revise the Revised Noise and Vibration Monitoring and Management Programme, dated June 2004, to the requirements of the Minister for the Environment on advice of the Department of Environment and Conservation.
This Programme shall include:
1. Locations of the air blast overpressure and ground vibration monitors and demonstration that these locations meet the requirements of regulation 21 of the Environmental Protection (Noise) Regulations 1997 and section J3.2.2 of Australian Standard 2187.2 - 2006;
2. Description of the monitoring equipment and demonstration that the equipment complies with the requirements of schedule 4 of the Environmental Protection (Noise) Regulations 1997 and section J3.2.1 of Australian Standard 2187.2 - 2006;
3. Calibration by an approved calibration laboratory and field checks of the monitoring equipment in accordance with schedule 4 of the Environmental Protection (Noise) Regulations 1997 and the manufacturer’s specifications and section J3.1.2 of Australian Standard 2187.2 - 2006 (or any subsequent amendment) and recording of calibration;
4. Procedures for the recording of blast information in accordance with section J3.4 of Australian Standard 2187.2 - 2006;
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5. Procedures for the reporting of air blast and vibration monitoring to the Department of Environment and Conservation; and
6. Details of a complaints procedure and recording of complaints and action undertaken to resolve complaints.
9-7 The proponent shall implement the Revised Noise and Vibration Monitoring and Management Programme required by condition 9-6.
9-8 The proponent shall review the Revised Noise and Vibration Monitoring and Management Programme as required by the Environmental Protection Authority, and shall amend the Programme to the requirements of the Minister for the Environment on advice of the Department of Environment and Conservation.
9-9 The proponent shall implement the amended Revised Noise and Vibration Monitoring and Management Programme required by condition 9-8.
10 Set-back for Mining Activities
10-1 The proponent shall not undertake active mining operations within 400 metres of a property zoned “Residential” under the Town Planning Scheme without the written consent of the owner and occupier of that property.
10-2 The proponent shall liaise with the Heritage Council of Western Australia to minimise environment impacts associated with active mining on State Registered Places know as the Boulder Railway Station, Subway and Loopline, and Cornwall Hotel.
Note: “Active mining” means any method of working by which the earth or any rock structure, coal seam, stone, fluid, or mineral-bearing substance is disturbed, removed, washed, sifted, crushed, leached, roasted, floated, distilled, evaporated, smelted, refined, sintered, pelletised, or dealt with for the purpose of obtaining any mineral or rock from it for commercial purposes or for subsequent use in industry, whether it has been previously disturbed or not, and includes:
1. developmental and construction work associated with opening up or operating a mine;
2. the removal and disposal of overburden or waste or residues by mechanical or other means and the stacking, depositing, storage, and treatment of any substance considered to contain any mineral; and
3. transport of ore or other mining product that takes place on a road which is not a road as defined in the Road Traffic Act 1974,
but for the purpose of this condition does not include:
4. construction of a noise bund which is not part of any active mining activity;
5. rehabilitation of any area; 8
6. administration buildings or other similar facilities from which noise emissions comply with the Environmental Protection (Noise) Regulations 1997;
7. exploration operations;
8. operations for the care, security and maintenance of a mine and plant at the mine undertaken during any period when production or development operations at the mine are suspended;
9. operations undertaken to leave a mine safe to be abandoned; and
10. underground mining.
11 Rehabilitation and Closure Management Plan
11-1 Prior to 30 April 2010, the proponent shall prepare a Rehabilitation and Closure Management Plan to the requirements of the Minister for Environment and the Minister for Mines and Petroleum on advice of the Environmental Protection Authority and shall submit the Plan to the Department of Environment and Conservation.
This Plan shall include:
1. the final form of land forms and voids;
2. the proposed land use for the mine site post-mining operations determined after consultation with relevant stakeholders;
3. removal or, if appropriate, retention of plant and infrastructure in consultation with relevant stakeholders;
4. long-term management of ground and surface water systems affected by mining operations;
5. long-term management of potential acid-generating material;
6. long-term management of pits, including the Superpit and public safety provisions;
7. long-term management of tailings storage facilities;
8. a detailed Rehabilitation and Revegetation program which includes local vegetation, performance criteria and a timetable to be met;
9. identification of contaminated areas, including provision of evidence of notification and proposed management measures to relevant statutory authorities;
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10. post-closure maintenance and monitoring;
11. re-instatement/retention of historically significant structures;
12. a contingency plan for a care and maintenance phase; and
13. long-term management of vegetation significant to adjacent ethnographic sites.
11-2 In the preparation of the Rehabilitation and Closure Management Plan required by condition 11-1, the proponent shall meet the requirements of the following agencies:
1. Department of Mines and Petroleum regarding items 1-3, 5-10, and 12 of condition 11-1;
2. Department of Environment and Conservation regarding items 4, 8, 9 and 10 of condition 11-1;
3. Department of Planning and Infrastructure, Western Australian Planning Commission and City of Kalgoorlie-Boulder regarding item 1, 2, 3 and 9 of condition 11-1.
4. Department of Water regarding item 4 of condition 11-1; and
5. Registrar of Aboriginal Sites regarding item 13 of condition 11-1.
11-3 The proponent shall review the Rehabilitation and Closure Management Plan required by condition 11-1 every two years, and shall amend the Plan as required in consultation with the agencies referred to in condition 11-2, to the requirements of the Minister for the Environment on advice of the relevant agencies indicated in condition 11-2.
11-4 The proponent shall implement the amended Rehabilitation and Closure Management Plan required by condition 11-3 until such time as the Minister for the Environment determines that the proponent’s closure responsibilities have been fulfilled.
Note: The Department of Mines and Petroleum shall be the lead agency for co- ordinating the Rehabilitation and Closure process, with certain items of the Plan being administered by the appropriate agency as follows:
1. Department of Mines and Petroleum for items 1-3, 5-10, and 12 of condition 11-1;
2. Department of Environment and Conservation for items 4, 8, 9 and 10 of condition 11-1;
3. Department of Water regarding item 4 of condition 11-1; and
4. Registrar of Aboriginal Sites regarding item 13 of condition 11-1.
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11-5 The proponent shall make the Rehabilitation and Closure Management Plan required by condition 11-1 and subsequent revisions required by condition 11-3 publicly available in a manner approved by the CEO.
12 Aboriginal Heritage
12-1 Prior to commencement of proposed works, the proponent shall submit an Aboriginal Cultural Heritage Management Plan that meets the objectives specified in of Condition 12-3 as determined by the Minister for Indigenous Affairs.
12-2 The proponent shall consult with the Department of Indigenous Affairs in the preparation of the Plan.
12-3 The Plan shall include protocols and procedures for appropriate management of any Aboriginal sites or skeletal remains identified during the proposed works.
12-4 The proponent shall implement the Aboriginal Cultural Heritage Management Plan.
Notes 1. Where a condition states "on advice of the Environmental Protection Authority", the Environmental Protection Authority will provide that advice to the Department of Environment and Conservation for the preparation of written notice to the proponent. 2. The Environmental Protection Authority may seek advice from other agencies or organisations, as required, in order to provide its advice to the Department of Environment and Conservation. 3. The Minister for the Environment will determine any dispute between the proponent and the Environmental Protection Authority or the Department of Environment and Conservation over the fulfilment of the requirements of the conditions. 4. The proponent is required to apply for a Works Approval and Licence for this project under the provisions of Part V of the Environmental Protection Act 1986.
JOHN DAY ACTING MINISTER FOR ENVIRONMENT; YOUTH
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Schedule 1 FIMISTON GOLD MINE OPERATIONS EXTENSION (STAGE 3) AND MINE CLOSURE PLANNING (Assessment No. 1581)
General Description The project is a cutback, the Golden Pike Cutback, along a section of the western edge of the existing Fimiston Open Pit in addition to already approved mining operations on the Fimiston site. The cutback will allow for the widening and deepening of the pit to 600 metres. Waste rock from the cutback will be accommodated in two new waste rock dumps to the north of the pit and west of the Fimiston I tailings storage facility.
Additional tailings from the expanded project will be managed in one of two ways. Option 1 is to increase the heights of Fimiston I and II tailings storage facilities from the conditionally approved heights of 40 and 45 metres, respectively, to 50 and 60 metres, respectively. Option 2 is to recommission the old Kaltails tailings storage facility and raise its height from 25 to 45 metres.
The proposal is described in the documents Fimiston Gold Mine Operations Extension (Stage 3) and Mine Closure Planning: Public Environmental Review, September 2006, including modifications made during the assessment described in Bulletin No. 1273, and in Consultative Environmental Review Mine and Waste Dumps – Fimiston, August 1990. Where the earlier document is inconsistent with the later document, the later document will prevail.
Summary Description A summary of the key proposal characteristics is presented in Table 1.
Table 1 – Summary of the Key Proposal Characteristics.
Element Description General
Project Life (Open Pit) to approximately 2017 Mining Production Rate approximately 89 million tonnes per annum Milling Production approximately 13.5 million tonnes per annum Rate Fimiston Open Pit
Area approximately 346 hectares Final pit depth approximately 600 metres Remaining Waste Movement
Southern and Eastern approximately 580 - 760 million tonnes waste rock dumps depending on back-fill Southern pit back-fill approximately 140 million tonnes if resource not sterilised Northern pit back-fill approximately 40 million tonnes if resource not sterilised Northern waste rock approximately 140 million tonnes occupying 115 hectares dumps
Tailings Storage 12
Element Description Facilities
Option 1
Fimiston I proposed height 50 metres (1) Fimiston II proposed height 60 metres (1) Option 2
Fimiston I proposed height 40 metres (1) Fimiston II proposed height 45 metres (1) Kaltails increase in height from 25 to 45 metres Water Consumption
Potable approximately 1460 megalitres per year Non-potable approximately 10715 megalitres per year Greenhouse Gas Emission
approximately 440 800 tonnes of carbon dioxide equivalent
Notes 1. Subject to further approvals through Part V of the Environmental Protection Act 1986.
Figure Figure 1 - Plan View of Project.
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Figure 1: Plan View of Project