LEGISLATIVE COUNCIL

C1148

QUESTION WITHOUT NOTICE (Of which some notice has been given)

Thursday, 24 September 2015

Hon Lynn MacLaren to the Minister for Aboriginal Affairs.

I. Will the Minister table the agendas and the attachments for the meetings of the Aboriginal Cultural Materials Committee held on 13 February 2013 and 10 June 2015?

1. This is a substantial body of work to provide this information therefore I have requested that the Department of Aboriginal Affairs provides the agendas and only the documents from these two Aboriginal Cultural Material Committee meetings relevant to submissions regarding the extension of . I have the information in tabular form and I table it.

Minister for Aboriginal Affairs REPORT TITLE AUTHOR ID 28946 Aboriginal Cultural Heritage Survey Of The Proposed Roe Highway Peter Gifford Extension 28947 A Desktop Aboriginal Heritage Survey Of The Roe Highway Extension Jacqueline Harris 2013 Within The , In , 24160 Further Consultation Regarding the Proposed Roe Highway Peter Gifford Extension 27822 Aboriginal Cultural Heritage Survey of Proposed Roe Highway Extension Peter Gifford Revised Report 21662 Report on further archaeological and ethnographic consultation of the Australian Interaction proposed Phoenix Road Industrial Estate Development at Lot 502 Bibra Consultants Lake, Western Australia to accompany s18 application 22514 Report on a heritage survey of the proposed Coo gee Lakes residential Joe Dortch estate at Munster, WA. 22808 Report on a consultation to recognise and interpret Aboriginal Culture Australian Interaction and History at Swamp 81 (DIA 4103) : regarding S18 consent issued to Consultants 2015 Landcorp in August 2005 under the Aboriginal Heritage Act (WA) 1972; in Beeliar Regional Park near Cockburn Commercial Park, Bibra Lake, WA 18203 Ethnographic Reports Natural Gas Laterals Pelih Metropolitan Area. P. Baines (South and East.). 27043 An Archaeological Survey OfBibra Lake, Pelih John Cecchi 20946 The Metro Sites audit review Bryn Coldrick 20865 Farrington Road Traffic Calming Proposal: (Bibra Drive to NOlih Lake Combined Local Communities Road) 23011 Report on an Aboriginal Heritage Survey of Proposed Rehabilitation Joe Dortch Areas, Beeliar Regional Park, City of Cockburn '----_. - -,

h:llmeekingllc qwnlnovember 2015126tl11cl148 [table i].docx 21067 A repolt of an Aboriginal Heritage survey of the proposed Bibra Lake Nicholas Green kiosk development Progress Drive, Bibra Lake. 104379 Australian Research Grants Scheme: Final Report on the Project the Swan S. Hallam Coastal Plain, Western Australia .

• 103280 Report of an Aboriginal Sites Survey of the Thompson's Lake Area. May R. Locke 1990. 105699 Aboriginal Heritage issues and cable crossings: upper Canning River Barrie Machin downstream from Nicholson Road traffic bridge adjacent downstream from Canning Bridge and Narrows bridge utilzing internal bridge structure Swan River adjacent upstream to Causeway 19409 RepOit of an Aboriginal Heritage Survey of the proposed Thomsons Lake T. Venz Regional Centre, North Jandakot 20868 Proposed Roe Highway extension through the Beeliar Regional Park North Lake Residents NOith Lake Community Survey: repOit on local submissions Association Inc Action Committee 102670 Preliminary Report on the Survey of Aboriginal Areas of Significance in Rory O'connor the Perth Metropolitan & Murray River Regions July 1985. 104261 RepOit on Aboriginal Heritage Assessment of North Lake/Bibra Lake Rory O'connor Region. [Appendix D of a Transportation Study, 1988, by Sinclair Knight & Pmtners.] March 1987. 22406 RepOit on an Aboriginal heritage survey of proposed work areas North R & E O'Connor Pty Ltd Lake 28485 Ethnographic Survey of Proposed Boardwalk and Bird Hide Site at Bibra R & E O'Connor Pty Ltd Lake 27042 Ethnographic Survey Of Lands And Waters Included Within Draft Bibra R & E O'Connor Pty Ltd Lake Management Plan 20097 The Aboriginal heritage significance of the Coolbellup I Walliabup Ray Polglaze wetlands: (NOlih-Lake - Bibra Lake) ------

h:llmeekingllc qwnlnovember 20 15126thlcl 148 [table i].docx 28486 Report on an Archaeological Investigation for Aboriginal Sites Proposed Gary Quartermaine Narma Kularck Bird Walk at Bibra Lake 104505 Aboriginal Sites in the Perth Metropolitan Area: A Management Scheme. Linda Strawbridge June 1987, Revised 1988 [Centre for Prehistory, Uwa]. 106204 Metropolitan Sites Project Southern Region: draft report Yates Heritage Consultants N/A DAA Internal 2014 Bibra Lake Inspection Henry Thomason & Sarah Lewis -- -- -

h:\lmeeking\Jc qwn\november 2015\26th\c1148 [table i].docx Agenda Item 3.10.1 Site Assessment sections 5 Aboriginal Heritage Act 1972

ACMC Meeting: 13 February 2013 DIA File No: 12/1592

Landowners: Department of Housing, Water Corporation, Murdoch University, Morven Rural Development Pty Ltd, Department of Education, Commissioner of Main Roads Western Australia, Minister for Lands on behalf of the State of Western Australia Applicant: Commissioner of Main Roads Western Australia

Land: The Land is comprised of following cadastral parcels (Volume/Folio): LR3150/988, 2179/968, 2627/81, Road Reserve (PIN = 1202910), 2617/471, 1934/863, 1547/853, 2510/564, 1212/271, LR3113/690, 1711/364, 1761/162, 2010/.421, 1974/639, LR3141/787, 1715/679, 2525/232, LR3128/96, 1761/163, 1761/161, Road Reserve (PIN = 11573034), 861/55, 2138/957, 1042/184, Lot 40 on Plan 2073, LR3125/840, LR3139/539, 2087/317, 2184/368, 1073/385, LR3145/755, 1761/159, 740/142, 1121/349, 1060/229, 330/137A, 2138/958, 1476/17, 2138/959, 2140/362, 1942/7, 2715/591, 2715/589, 1376/188, Road Reserves (PIN = 1202907, 11798250, 11837698, 11837695, 11837450, 1259211, 1259209, 1259210, 11837452 & 11803933), 1711/293, 1909/762, 1898/737, Road Reserve (PIN =1174739), 1742/50, 896/66, 1657/879, Road Reserve (PIN = 382075), 2098/797, LR3151/168, LR3100/731, 1843/559, Road Reserve (PIN = 1066730), Road Reserve (PIN = 382900), 1843/556, 1898/737, 1898/736, 1715/683, 1934/863 and Road Reserves (PIN = 1045162, 1045168, 11824306, 1173648, 11842640, 11837698, 11837465, 11813684, 11837463, 11798251, 11798250, 11798249, 1307730, 284123, 11667314, 11418693, 11418695, 11668348, 11418696, 11470677, 11667315 & 11667528) located within the and City of Cockburn and defined by the map attached to Item 5 of the Notice dated 26 October 2012. Purpose: Investigation, design, construction, operation and maintenance for the extension of Roe Highway from I

j 1 ICLAIM NAME '!STATUS 11 !~W~CO~~~6~!s~ln~gl~eN~O~On~ga~rc~.~~~~~re-a~1)-----il~U~nre~gi~ste-re~d---I 1f-2-+IW-C-1--112--+! s-,,::'an-R-ive-r p'-,-op-le-2 -'--'------1 Unregistered 13 !WC1119 IWhadJuk People IRegistered Location Map:

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2 Heritage Places for Resolution:

Current Status Item DlA# Site Name Site Type No. s5 Access

Places to be reassessed by ACMC:

Nil

Places newly reported to be assessed by ACMC:

Nil

3 Agenda Item 3.10.2 Assessment for a section 18 Notice Aboriginal Heritage Act 1972

Category Page Ref

Ownership Ownership demonstrated (title), signed by owner, Minister or delegated authority

Consultation Site informants included, native liUe claimants, knowledgeable persons, and sample adequacy. Sufficient time. information and inspection to make decision Support or objection, issues and concems noted in HSR.

\"IFleDclrt 1:

4 Purpose. He was also of the opinion that sacred sites would be impacted by the Purpose. Although he was not able to specifically identify an area of potential burials, he did indicate his understanding that they were to the immediate west of the Bibra Lake area. This gentleman was encouraged to write to the Aboriginal Cultural Material Committee to further express his concerns but this has not occurred to date.

Aboriginal· e9 DIA 23567 (Teller Archaic) heritage places on the There are three Aboriginal heritage places upon the Land; three of these are Land registered Aboriginal heritage sites. They are DIA 3296 (Hope Road Register Swamp/Bibra Lake) - Insufficient Information, DIA 3709 (North Lake and Bibra Lake) - 5(a)(b)(c} and DIA 4107 (Bibra Lake North) - 5(a}.

Significance Period, rarity, representativeness, group value, survival condition, fragility, and vulnerability, documentation, polenHal, diversity DIA 3709 (North Lake and Bibra Lake) is a place accorded a very high de9ree of significance by the local Aboriginal community. The place is strongly associated with the Waugal sacred narrative (it is a place inhabited by the Waugal) as well as being the location for a rain making ceremony practiced by Mubarn which is also strongly associated with the Wauga/. One informant has previously described how Mubarn would sing to the Waugal and utilise rushes in an effort to get the Waugal to make it rain. The sacred narrative and the place's association with rain making ceremonies have previously been said to be known by Aboriginal people as far away as the Western Desert. Furthermore, consultation by Australian Cultural Heritage Management in August 2010 indicates that Aboriginal women undertook ceremonial activity within the area, however, the specifics of these practices were not included within the report. DIA 3709 (North Lake and Bibra Lake) can be said to be a rare example of a place where specific ceremonial undertakings, by the local Noongar community, are known to have occurred.

DIA 3709 (North Lake and Bibra Lake) was also a prominent camp site for traditional Aboriginal peoples and a favoured location for Aboriginal women to give birth. The Beeliar People are said to have maintained semi-permanent camps around tile area of DIA 3709 (North Lake and Bibra Lake) due to the Register sheltered location and abundance of natural resources. DIA DIA 4107 (Bibra Lake North) is a previously recorded artefact scatter located in the raised area between North and Bibra Lakes. Report 1: p43

OIA 4107 (Bibra Lake North) is a moderate sized artefact scatter recorded by Report 3: pp WA Museum staff in 1973. The assemblage at this location was described as 25-6 containing "vast quantities" of archaeological material including formal tools. Again the assemblage was dominated by quartz but also demonstrated the presence of fossiliferous chert and European glass. The presen.ce of both these materials indicates that occupation occurred over a very extensive period of time and continued following European colonisation of the area. A sizeable random sample was collected from the surface of this location. Although a recent inspection did not result in the identification of surface archaeological material, several archaeologists have previously commented that this is likely due to the landscaping which has occurred within the area and that there is good potential for sub-surface material to be in existence within the area. This assertion is based on the previous (and extensive) presence of surface archaeological material and due to the nature of the environment where the site is located (being a dynamic sand dune system).

Both Strawbridge and Yates have previously commented on the very high level of destruction of artefact scatters in the South Metropolitan region. As such, both artefact scatters can be considered as holding a degree of rarity which has arisen largely due to past destruction of similar sites within the region. 5 Impacts on Magnitude, cumulative effect, rale of change. Severity, frequency, diverse impacts, mapped Impact zones/sites Heritage DuraUon, range, access, aesthetics, culluralloss from the Although just under half of the Aboriginal people consulted agreed not to purpose oppose the section 18 application, all groups agreed that the purpose would represent an impact to the Aboriginal heritage values of the area. However, opinion amongst the groups as to the effect the Purpose would have on the Aboriginal heritage values of the Land differed substantially. At one end of the spectrum, one Aboriginal group acknowledged that previous disturbance had already occurred and that the Purpose would not result in any impact to the association of the Waugal with Bibra and North Lakes; however, another group likened the Purpose to the 'desecration of a cathedral'. Although the Purpose will add to the cumulative impact that European development has had on the Aboriginal heritage values of the Land, it does not appear that it will result in the place being disassociated from the Waugal sacred narrative. It does, however, represent a cultural loss for many of the Aboriginal people consulted and is seen as holding an unacceptable risk to the Aboriginal heritage values of the area. Notice DIA 4107 (Bibra Lake North) will be impacted in its entirety by the Purpose. 1: pp The impact and destruction of the archaeological site associated with the Land ~;~O;~ will add to the massive cumulative impact that European development has had on similar places within the area. Accordingly, representative examples of R t 2' '( Aboriginal archaeological sites within the local area are extremely rare. _ ~~or . pp

Other concerns expressed include the need to ensure that water can continue to flow between the two lakes, that the Purpose represents the continual loss of natural habitat in area Significant to Aboriginal people, that there are native plants with medicinal qualities (still utilised today) which would be at threat from the Purpose and that the Purpose could result in sub-surface cultural material being revealed.

With respect to the concerns expressed over the potential for the Purpose to impact upon Aboriginal burial locations, it should be noted that the surface geology of the area to the west of Bibra Lake is classified as coastal dunes. Coastal dunes are known to be a common location for traditional Aboriginal burials. Historic aerial photography indicates that the bush to the west of Bibra Lake, through which the Land passes, has not been subject to previous intensive ground disturbance.

Will the Consequences for State, Heritage and Proponent Purpose breach the Yes. The Purpose will involve excavation, alteration and concealment of a Act if the registered Aboriginal heritage site and will also damage that site. Minister does Notice not grant consent

Points to Benefits to the State, heritage or Proponent Consider • DIA 3709 (North Lake and Bibra Lake) is a place accorded a high degree of significance by the local Aboriginal population, partly due to its association with the Waugal and as a place where rain making ceremonies occurred. • The Purpose will damage DIA 3709 (North Lake and Bibra Lake) and also result in the destruction of an archaeological site within the area. Previous disturbance to the area means that the surviving examples of DIA archaeological sites wt1hin the area can be considered as very rare. • The Aboriginal conSUltants were divided as to whether or not to object to the Purpose. Just over half of those consulted oppose the Purpose Wholeheartedly, while all other consultants agreed not to oppose the Purpose provided certain conditions were met. • There is potential for sub-surface archaeological material to be 6 uncovered during the Purpose when ground works are conducted within the area of Bibra and North Lakes. • Although burials have not been discovered within the Land to date, one member of the Perth metropolitan Aboriginal community has expressed his concern that the Purpose will impact upon traditional Aboriginal burials.

If consent, Is monitoring, salvage or a management plan required? Conditions should be doable, heritage related and enforceable what conditions Conditions: should be applied, That the Applicant (on behalf of the Landowner): removed or amended 1. Upon discovery of skeletal remains suspected to be of Aboriginal origin, or any material suspected to be skeletal remains of Aboriginal origin (Remains), the Landowner must: a. ensure that the Remains stay in situ undisturbed, and take all the necessary and reasonable proactive steps to protect the Remains; b. report the discovery to the Western Australia Police and the Registrar; and c. comply with directions from the Registrar regarding the removal (if required) and/or management of the Remains, and report to the Registrar the whereabouts of the Remains, including compliance with the Registrar's directions.

(This condition will allow for sensitive and efficient management of any Aboriginal ancestral remains uncovered in the event that the Purpose results in impact to burial locations)

2. Provides a written report to the Registrar within 60 days of the completion of the Purpose, advising whether and to what extent the DIA Purpose has impacted on all or any Sites located on the Land. The final report should include a detailed description of.' a. what extent the Purpose has impacted any Aboriginal Site on the Land; b. where any Aboriginal Site has been impacted, whether such Site has been partially or wholly impacted by the Purpose, and the level, effect and type of any such impact - preferably by the provision of photographs taken before and after the impact; c. where any Aboriginal Site has been subject to archaeological or cultural salvage, when and how such salvage took place, who was present at the salvage and where the material was re-Iocated, the results of the salvage and any subsequent analysis conducted; and d. the results and findings of any monitoring of ground disturbing works associated with the Purpose.

(The Purpose will result in the destruction of Aboriginal heritage sites and impact occurring to a highly culturally significant place. It is important that DIA can ensure that its administrative processes can accurately reflect any change in site status which is caused by impact occurring to a site under section 18 consent.)

End of Assessment

Type: Government Infrastructure

7 .~...1 .. ' Government of Western Australia , ~ Department of Aboriginal Affairs --'-"',~1:L.,,:'"FI~!

ABORIGINAL CULTURAL MATERIAL COMMITTEE AGENDA ITEMS 3.4.1 AND 3.4.2 SECTION 5 AND SECTION 18 ASSESSMENTS ABORIGINAL HERITAGE ACT 1972

Meeting Date: 10 June 2015

File Number: 2012/1592

AHELP Application 10: 2012-01592 Meeting Previously Considered (YIN): Yes 13/02/2013 Outcome: Decline Date:

ADMINISTRATION Department of Housing, Water Corporation, Murdoch University, Morven Rural Development Pty Ltd, Department of Education, Land owner(s): Commissioner of Main Roads Western Australia, Minister for Lands on behalf of the State of Western Australia Applicant: Commissioner of Main Roads Western Australia Investigation, design, construction, operation and maintenance for Purpose: the extension of Roe Highway from to Stock Road The Land is comprised of following cadastral parcels (Volume/Folio): LR3150/988, 2179/968, 2627/81, Road Reserve (PIN = 1202910), 2617/471, 1934/863, 1547/853, 2510/564, 1212/271, LR3113/690, 1711/364, 1761/162,2010/421, 1974/639, LR3141/787, 1715/679, 2525/232, LR3128/96, 1761/163, 1761/161, Road Reserve (PIN = 11573034), 861/55, 2138/957, 1042/184, Lot 40 on Plan 2073, LR3125/840, LR3139/539, 2087/317, 2184/368, 1073/385, LR3145/755, 1761/159, 740/142, 1121/349, 1060/229, 330/137A, 2138/958, 1476/17, 2138/959, 2140/362, 1942/7, 2715/591, 2715/589, 1376/188, Road Reserves (PIN = 1202907, 11798250, 11837698, 11837695, 11837450, 1259211, 1259209, 1259210, Parcel(s) of Land: 11837452 & 11803933), 1711/293, 1909/762, 1898/737, Road Reserve (PIN =1174739), 1742/50, 896166, 1657/879, Road Reserve (PIN = 382075), 2098/797, LR3151/168, LR3100/731, 1843/559, Road Reserve (PIN = 1066730), Road Reserve (PIN = 382900), 1843/556, 1898/737, 1898/736, 1715/683, 1934/863 and Road Reserves (PIN = 1045162, 1045168, 11824306, 1173648, 11842640, 11837698, 11837465, 11813684, 11837463, 11798251, 11798250, 11798249, 1307730, 284123, 11667314, 11418693, 11418695, 11668348, 11418696, 11470677, 11667315 & 11667528) located within the City of Melville and City of Cockburn and defined by the map attached to Item 5 of the Notice dated 26 October 2012 Do documents submitted verify authority to give Yes notice? 1. Letter to Applicant from the Registrar of Aboriginal Sites (the Registrar) dated 21 December 2012 requesting further information Attachments: 2. Letter from Applicant to Registrar dated 14 January 2013 3. Correspondence from the Registrar of Aboriginal Sites to Noongar knowledge holders informing them of the ACMC's review of the 2012 section 18 Notice.

2 Location Map:

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3 ABORIGINAL CULTURAL MATERIAL COMMITTEE AGENDA ITEM 3.4.1 SECTION 5 ASSESSMENT ABORIGINAL HERITAGE ACT 1972

Places for assessment

Current Place Name Place Type For Resolution Item # DM# Assessment 1 3296 Hope Road Swamp/Bibra Lake Artefact scatter Not a site

2 4107 Bibra Lake North Artefact scatter 5(a) Not a site

Aboriginal sites on the Land. No assessment required:

Current Place Name Place Type For Resotution ttem# DM# Assessment 1 3709 North Lake and Bibra Lake Mythological 5(a)(b)(c) -

4 ABORIGINAL CULTURAL MATERIAL COMMITTEE AGENDA ITEM 3.4.2 SECTION 18 ASSESSMENT ABORIGINAL HERITAGE ACT 1972

REFERENCE CONSULTATION Which individualslgroups have been consulted?

EthnographiC surveys were undertaken by Dr Peter Gifford and anthropologist Fiona Sutherland on the 14, 19, 21, 23, 24, 26, 27 and 31 August 2010 and involved 54 members of Perth Noongar Families.

Further field visits and consultation were undertaken on the 13, 26 and 31 August by Dr Gifford alone.

Consultation meetings were at the Cockburn Youth Centre and South Lake Youth Centre between 14 - 25 May 2010 and included the following groups: • Combined Metropolitan Working Group) I

• • Bibbulmun Group

• Group (Jacobs Family) Notice • Group 2012:46; • Cockburn Aboriginal Advisory Committee ACHM 2012 Report: v & VI; • Independent Aboriginal Environment Group 3-14. • • (adjacent site information, • - South West Aboriginal Land and Sea Council (SWALSC)

As the result of the consultations, 29 Noongar people did not object to the section 18 Notice or Purpose and 28 Noongar people opposed the section 18 Notice and Purpose.

What are the views of those consulted towards the impacts to Aboriginal heritage places from the Purpose? Twenty-eight Aboriginal people consulted objected to the placement of the Roe Highway extension through the Bibra Lake/North Lake area on the basis that the proposed works were incompatible with existing heritage and environmental values. Twenty-six Aboriginal people were prepared to offer their support if certain conditions were met. All Aboriginal people consulted reinforced the high level of cultural significance accorded to the Bibra Lake area due to its association with a sacred narrative, its regular use as a traditional campingiresource gathering area and as a favoured location for traditional Aboriginal women to give birth. Notice 2015

Common requests from all 54 Aboriginal people consulted which emerged included: • The need for Aboriginal monitors to be utilised during ground disturbing activities to observe for sub-surface archaeological material which may be uncovered during works. • That the highway extension be marked with signage, plaques and artwork which commemorated the use and occupation of the area by Aboriginal people and the association of the Waugal with the area. • That the area be revegetated with native plants upon completion of works. • That Aboriginal heritage places not be disturbed and be retained in public open space. • That monitors be present during ground disturbing works. • That Aboriginal heritage places be salvaged and that monitors be employed to relocate the objects and to inspect ground disturbance.

Were there any issues identified during consultation?

No. However, opinions amongst the groups as to the effect the Purpose would have on the Aboriginal heritage values of the Land differed substantially. At one end of the spectrum, one Aboriginal group acknowledged that previous disturbance had already occurred and ACHM Report, that the Purpose would not result in any impact to the association of the Waugal with Bibra 2011. and North Lakes, however, another group likened the Purpose to the "desecration of a cathedral".

Has the Registrar of Aboriginal Sites received any representations from Aboriginal peoplelgroups regarding the Notice following its lodgement? No.

PLACES ON THE LAND ADVICE Have there been previous statutory applicationslPOWIDepartmental advice provided associated with these places or project? • 201011140 - City of Cockburn on behalf of the Minister of Lands for the State of Western Australia - Construct and maintain and use a pedestrian access boardwalk - Part Lot 4719 on Reserve 46787R Progress Drive Lake Bed Reserve No 62078R Hope Road Bibra Lake • 201011126 - City of Cockburn - Refurbishment of picnic facilities - North Western Shore of Bibra Lake • 201010495 - City of Cockburn on behalf of the Minister for Lands for the State of WA - Construction of an access boardwalk and bird hide for public and formal education Purposes - Part Lot 4179 on DP 22707 Progress Drive and Reserve 6208R Hope Road Bibra Lake. • 200410501 - City of Cockburn - Lot 4719 Reserve - 46787- Progress Dive Bibra Lake - Construction of cafe kiosk. DAA • 201110855-01 - Main Roads Western Australia (MRWA) - Investigations, design and construction - Extension of Roe Highway from Kwinana Freeway to Stock Road - City of Cockburn • 200510578 - Landcorp - Lot 502 Phoenix Road Bibra Lake - Rehabilitation Project • 201110969 - City of Cockburn and the Fremantle District Road Board - Management of Conservation and Recreation as per the City's Management Plan • 201110885-02- MRWA - Investigations, design and construction - Extension of Roe Highway from Kwinana Freeway to Stock Road - City of Cockburn. • 201211592-01 - MRWA - Investigations, design, construction, operation and maintenance with full extent of Road Reserve for extension of road highway from Kwinana Freeway to Stock Road as dual carriageway each with two lanes - Various Lots, City of Cockburn and Melville. What sites will be impacted by the Purpose?

If the ACMC concurs with the Departmental assessments, the following site will be impacted by the Purpose: DAA 3709 (North Lake and Bibra Lake). DAA

2 Are there any cumulative impacts to Aboriginal heritage?

No. DAA

ACMC DECISION Will the Purpose breach section 17 of the Aboriginal Heritage Act 1972 if consent is not granted?

If the ACMC determines that there are sites on the land to which seclion 5 of the Aboriginal Heritage Act 1972 (AHA) applies, Ihe Purpose will resull in a breach of section 17 of the AHA.

Points to consider (include if necessary conditions detailed in agreements between parties):

1. The Applicanl undertook several attempts to contact the South West Aboriginal Land (SWALSC) regarding the Purpose. Contact was achieved on 28 July 2010 by (elhnogrepher) who spoke with I SWALSC Council Co-ordinator. staled thai SWALSC did not wish 10 proposed herilage surveys or Roe Highway exlension consultation meetings. 2. The Applicanl has indicated thai Ihe Purpose will be designed and constructed to minimise the road footprint and impacts on Aboriginal siles and/or other Aboriginal heritage places. 3. The Applicanl has agreed to Ihe engagement of Aboriginal monitors from each relevanl Aboriginal group during all ground disturbing activities associated with the Purpose. 4. The Applicanl has agreed to consider Noongar signage, plaques and artwork along the highway extension to commemorale the area's original Aboriginal owners. 5. In 2012, DAA Officers consulted with a Noongar man asserting connection 10 the area subject to Ihe current Purpose, who generalised information about possible burials within the Bibra Lake/North Lake and Swamp areas. 6. In 2014, DAA Officers conducted a field visit and assessment of DAA 3296 and DAA 4107 and concluded that both places had been subject to high degrees of disturbance due to previous developmenl activities such as road building, fencing, gas pipelines and recreational facilities and that neither place contained evidence of Aboriginal objects. They suggested thai DAA 4107 may contain sub-surface cultural materials if subject to an in deplh archaeological excavalion program.

SUGGESTED CONDITIONS 1. Upon discovery of skeletal remains suspected to be of Aboriginal origin, or any material suspected to be skeletal remains of Aboriginal origin (Remains), the Landowner must: a. ensure that the Remains stay in situ undisturbed, and take all the necessary and reasonable proactive steps to protect the Remains; b. report the discovery to the Western Australia Police and the Registrar; and c. comply with directions from the Registrar regarding the removal (if required) and/or management of the Remains, and report to the Registrar the whereabouts of the Remains, including compliance with the Registrar's directions. Reason(s) for recommending condition? This condition will allow for sensitive and efficient management of any Aboriginal ancestral remains uncovered in the event that the Purpose results in impact to burial locations

2. Provides a written report to the Registrar within 60 days of the completion of the Purpose, advising whether and to what extent the Purpose has impacted on all or any Sites located on the Land. The final reporl should include a delailed description of: a. what exlenllhe Purpose has impacled any Aboriginal Site on Ihe Land; b. where any Aboriginal Sile has been impacled, whelher such Site has been partially or wholly impacled by Ihe Purpose, and Ihe level, effecl and Iype of any such impaci - preferably by Ihe

3 provision of photographs taken before and after the impact; c. where any Aboriginal Site has been subject to archaeological or cultural salvage, when and how such salvage took place, who was present at the salvage and where the material was re-Iocated, the results of the salvage and any subsequent analysis conducted; and d. the results and findings of any monitoring of ground disturbing works associated with Ihe Purpose.

Reason(s) for recommending condition? This condition is justified as the Purpose will result in regislered siles being impacted and there is a need to mainlain the accuracy of Ihe Register of Aboriginal Sites.

4 AGENDA

09.30 a.m. 1. Welcome/Apologies

09.35 a.m. 2. Confirmation of Minutes of Previous Meeting: for discussion

09.40 a.m. 3. Notices under Section 18 - CONFIDENTIAL: for decision

3.3 Landowner BHP Billiton Iron Ore Pty Ltd Applicant BHP Billiton Iron Ore Pty Ltd Land Portion of mining lease ML281 SA, as defined by spatial data provided by BHP Billiton Iron Ore Pty Ltd in support of the section 18 Notice Purpose All things associated with open cut iron are mining operations File Number 201510300 AHELP ID 2015-10076 3.3.1 Place(s) Assessment 3.3.2 Assessment of Section 18 notice

3.3 Landowner Applicant Land DP40()550, Vol 599 West Busselton, as defined by spatial data provided by. in support of the section 18 Notice Purpose Stage 5 Old Broadwater Farm File Number 2015/0171 AHELP ID 2015-10058 3.3.1 Place(s) Assessment 3.3.2 Assessment of Section 18 notice

3.3 Landowner Commissioner of Main Roads Western Australia Applicant Main Roads Western Australia Land Lot 322, Plan 5388, Vol 1659, Fol 442; Lot 151, Plan 67043, Vol 1692, Fol 678; Lot 100, Plan 53007, Vol 2648, Fol 551; Lot 102, Plan 76439, Vol 1862, Fol 926; Lot 2, Plan 69260, Vol 1753, Fol 715; Lot 801, Plan 100488, Vol 2198, Fol 281; Lot 400, Plan 53009, Vol 2648, Fol 553; Lot 209, Plan 7934, Vol 1185, Fol 934; Lot 702, Plan 59444, Vol 2847, Fo1383; Lot 61, Plan 7282, Vol 2092, Fol918 Purpose A proposed grade separation of with Benara Road, Morley Drive and Collier Road, including vegetation clearance, road upgrades, new interchanges, flyovers, culverts and all associated works File Number 2015/0171 AHELP ID 2015-10058 3,3,1 Place(s) Assessment 3.3.2 Assessment of Section 18 notice 3.4 Landowner Department of Housing, Water Corporation, Murdoch University, Morven Rural Development Pty Ltd, Department of Education, Commissioner of Main Roads Western Australia, Minister for Lands on behalf of the State of Western Australia Applicant Commissioner of Main Roads Western Australia Land LR3150/988, 2179/968, 2627/81, Road Reserve (PIN=1202910), 2617/471, 1934/863, 1547/853, 2510/564, 1212/271, LR3113/690, 1711/364, 1761/162, 2010/421, 1974/639, LR3141/787, 1715/679, 2525/232, LR3128/96, 1761/163, 1761/161, Road Reserve (PIN=11573034), 861155, 2138/957, 1042/184, Lot 40 on Plan 2073, LR3125/840, LR3139/539, 2087/317, 2184/368, 1073/385, LR31451755, 1761/159, 7401142, 1121/349, 1Q60/229, 330/137A, 2138/958, 1476/17, 2138/959, 2140/362, 1942/7, 2715/591,2715/589,1376/188, Road Reserves (PIN=1202907, 11798250, 11837698, 11837695,11837450,1259211,1259209,1259210,11837452 & 11803933), 1711/293, 1909/762,1898/737, Road Reserve (PIN=1174739), 1742/50, 896166, 1657/879, Road Reserve (PIN=382075), 2098/797, LR3151/168, LR3100/731, 1843/559, Road Reserve (PIN=1066730), Road Reserve (PIN=382900), 1843/556, 1898/737, 1898/736, 1715/683, 1934/863 and Road Reserves (PIN=1045162, 1045168, 11824306, 1173648, 11842640, 11837698, 11837465, 11813684, 11837463, 11798251, 11798250, 11798249,1307730,284123,11667314,11418693, 11418695, 11668348, 11418696, 11470677, 11667315 and 11667528) iocated within the City of Melville and City of Cockburn and defined by the map attached to Item 5 of the Notice dated 26 October 2012 Purpose Investigation, design, construction, operation and maintenance for the extension of Roe Highway from Kwinana Freeway to Stock Road File Number 12/1592 AHELP ID 3.4.1 Place(s) Assessment 3.4.2 Assessment of Section 18 notice

3.5 Landowner Applicant Prospecting Land Portions of P31/1796, P31/2063 and E31/1083, as defined by spatial data provided by Andrew Pumphrey Prospecting in support of the section 18 Notice Purpose Patricia Mine - Exploration drilling File Number 2015/0212 AHELP ID 2015-10067 3.5.1 Place(s) Assessment 3.5.2 Assessment of Section 18 notice

4. Applications Under Section 16

4.1 Applicant I (PhD Candidate - University of Notre Dame, Perth) Site(s)/Area(s) DAA 5121 (Anderson Rocks 2) Purpose Test excavation and salvage File Number 2015/0404 AHELP ID 2015-10078

5. Items for Noting

5.1 Recent Ministerial Decisions Arising from ACMC Meetings

2 5.2 Registrar's Report

5.2.1 Section 16 Permits 5.2.2 Compliance Inspections 5.2.3 Number of Heritage Places Added to the Register 5.2.4 Use of Regulation 10 5.2.5 Legal Proceedings 5.2.6 Section 18 Notice Status

5.3 Heritage Survey Reports

5.4 Correspondence/Media

5.5 FOI Requests

6. Other Business

7. New Business

8. Next Meeting

9. Meeting Close

3 ABORIGINAL CULTURAL MATERIAL COMMITTEE ORDINARY MEETING DATE: WEDNESDAY 13 FEBRUARY 2013 MEETING TIME: 9.30 a.m. Training Room 2, Ground Floor, 151 Royal Street, East Perth

09.30 a.m. 1. Welcome/Apologies

09.35 a.m. 2. Confirmation of Minutes of Previous Meeting: for discussion

09.40 a.m. 3. Notices under Section 18 - CONFIDENTIAL: for decision

3.1 Landowner Mitsui Iron Ore Development Pty Ltd, North Mining Ltd, Mining Co pty Ltd, Cape Lambert Iron Associates, Pannawonica Iron Associates, Peko-Wallsend Operations Ltd, Nippon Steel Australia Pty. Ltd. and Sumitomo Metal Australia Pty. Ltd Applicant Robe River Mining Co. Pty Ltd Land Portions of Miscellaneous Licence L47/309, Rail Lease 1123390 and Rail Lease 1123393, Shire of Roebourne Purpose Activities associated with the expansion and ongoing maintenance of a portion of the railway including borrow extraction within the vicinity of Emu and Green Pool Sidings, related construction and infrastructure SHO Robert Brock File Number 12/1575 3.1.1 Site(s) Assessment 3.1.2 Assessment of Section 18 notice

3.2 Landowner Applicant Karratha Eartmoving and Sand Supplies Land A portion of Mining Tenement M47/1415 and Mining Tenement M47/1420, Shire of Roebourne Purpose Mining, exploration and associated infrastructure SHO Robert Brock File Number 12/1572 3.2.1 Sile(s) Assessment 3.2.2 Assessment of Section 18 notice

3.3 Landowner Roy Hill Infrastructure pty Ltd Applicant Roy Hill Infrastructure pty Ltd Land Portions of tenement M46/518, Shire of East Purpose Construction, operation and maintenance of a mine and associated infrastructure and works SHO Robert Brock File Number 1211566 3.3.1 Site(s) Assessment 3.3.2 Assessment of Section 18 notice 3.4 Landowner Eskay Resources Pty Ltd Applicant Eskay Resources Pty Ltd Land Portion of E6911772 as defined by the Proposed Development Area delineated in "Map 2" submitted with the Notice Purpose Mineral exploration drilling program SHO Sally McGann File Number 1211581 3.4.1 Site(s) Assessment 3.4.2 Assessment of Section 18 notice

3.5 Landowner Swan River Trust Applicant Land A portion of Lot 300 on DP 47450 Vol LR3151 Folio 547 Reserve 48325 as defined by the shape file submitted with the Notice Purpose To reconstruct Boatshed No 41, located at Keanes Point, Peppermint Grove SHO Sally McGann File Number 1211576 3.5.1 Site(s) Assessment 3.5.2 Assessment of Section 18 notice

3.6 Landowner State of Western Australia Applicant Main Roads Western Australia Land Portions of Norm Road (Road Reserves PIN 11525773 and PIN 11525774) as defined by the map titled 'Main Roads Western Australia on behalf of the State of Western Australia - Bridge replacement of Norm Road - Harris River Bridge 5002 - PIN 11525773 and PIN 11525774 Norm Road, Shire of Collie' Purpose Bridge replacement of Norm Road-Harris River Bridge 5002 SHO Aidan Ash File Number 1211577 3.6.1 Site(s) Assessment 3.6.2 Assessment of Section 18 notice

3.7 Landowner State of Western Australia Applicant ATCO Gas Australia Pty Ltd Land Portions of Road Reserves: PIN 1383322 (Old Pin}arra Road), PIN 1378195 (Pin}arra Road), PIN 1383310 (Pinjarra Road), PIN 1383325 (Pin}arra Road), PIN 1380128 (Pin}arra Road), PIN 1372181 (Pin}arra Road), PIN 1380129 (Pin}arra Road), PIN 1380130 (Pin}arra Road), PIN 1161524 (Pin}arra Road), PIN 1313486 (Culeenup Road), PIN 1191507 (Delta Drive), PIN 1191508 (Delta Drive), PIN 1191509 (Delta Drive), PIN 11750603 Towera Street, Reserves Res 26735 (north side of river), Water Course PIN 11912800, Reserve 26735 (south side of river), PIN 1191506 (Banksia Drive), PIN 1387021 (South Yunderup Road), PIN 1387023 (South Yunderup Road); PIN 11877955 (South Yunderup Road), PIN 11881802 (Inlet Boulevard) within the localities of Pin}arra, North Yunderup and South Yunderup as depicted in the map titled: ATCO Gas Australia Pty Ltd - Installation of underground gas pipeline - Road Reserves of Old Pinjarra, Pinjarra, Towera, Culeenup Roads, Delta Drive, Banksia Drive and Inlet Boulevard within the localities of North Yunderup and South Yunderup, Greenfields, and Barragup Purpose Installation of underground gas pipeline SHO Aidan Ash File Number 12/1574 3.7.1 Site(s) Assessment 3.7.2 Assessment of Section 18 notice 3.8 Landowner Alcoa of Auslralia Limited Applicant Alcoa of Australia Limited Land Portions of: Lot 109, Lot 221, Lot 151, Lot 222, Lot 251, and Lot 302 as depicted in the map "The Land: Alcoa of Australia Limited - Western & Eastern Zoning multipurpose areas within Alcoa's Pinjarra refinery - Various Lots, Pinjarra" within the Shire of Murray Purpose Western and Eastern Zoning multipurpose areas within Alcoa's Pinjarra refinery SHO Aidan Ash File Number 12/1571 3.8.1 Site(s) Assessment 3.8.2 Assessment of Section 18 notice

3.9 Landowner Regis Resources and Duketon Resources pty Ltd Applicant Regis Resources Ltd Land Portions of mining leases M38/237, M38/250 and M38/343 as defined by the map attached to Item 5 of the Notice dated 11 December 2012, located 85 kilometres north of Laverton, Shire of Laverton Purpose Rosemount Gold Mine pit, top soil dumps and general mine infrastructure SHO Simon Keenan File Number 12/1567 3.9.1 Site(s) Assessment 3.9.2 Assessment of Section 18 notice

3.10 Landowner Department of Housing, Water Corporation, Murdoch University, Morven Rural Development Pty Ltd, Department of Education, Commissioner of Main Roads Western Australia, State of Western Australia Applicant Main Roads Western Australia Land LR3150/988, 2179/968, 2627/81, Road Reserve (PIN=1202910), 2617/471, 1934/863, 1547/853, 2510/564, 1212/271, LR3113/690, 1711/364, 1761/162, 2010/421, 1974/639, LR3141/787, 1715/679, 2525/232, LR3128/96, 1761/163, 17611161, Road Reserve (PIN=11573034), 861/55, 2138/957, 1042/184, Lot 40 on Plan 2073, LR3125/840, LR3139/539, 2087/317, 2184/368, 1073/385, LR31451755, 1761/159,740/142, 1121/349, 1060/229, 330/137A, 2138/958.1476/17,2138/959,2140/362,1942/7, 2715/591, 2715/589, 1376/188, Road Reserves (PIN=1202907, 11798250, 11837698, 11837695, 11837450, 1259211, 1259209, 1259210, 11837452 and 11803933), 1711/293, 19091762, 1898/737, Road Reserve (PIN=1174739), 1742/50,896/66, 1657/879, Road Reserve (PIN=382075), 2098/797, LR3151/168, LR31 001731 , 1843/559, Road Reserve (PIN=1066730), Road Reserve (PIN=382900), 1843/556, 1898/737, 1898/736, 1715/683, 1934/863 and Road Reserves (PIN=1045162, 1045168, 11824306, 1173648, 11842640, 11837698, 11837465, 11813684, 11837463, 11798251, 11798250, 11798249, 1307730, 284123. 11667314, 11418693,11418695,11668348,11418696,11470677, 11667315 and 11667528) located within the City of Melville and City of Cockburn and defined by the map attached to Item 5 of the Notice dated 26 October 2012 Purpose I nvestigations, design, construction, operation and maintenance within the full extent of the road reserve for the extension of Roe Highway from Kwinana Freeway to Stock Road as dual carriageways within each two lanes SHO Simon Keenan File Number 12/1592 3.10.1 Site(s) Assessment 3.10.2 Assessment of Section 18 notice

3.11 Landowner Atlas Iron Limited Applicant Atlas Iron Limited Land M45/923 Purpose Resource evaluation drilling and initial project development of the Hercules Project SHO Sally McGann File Number 1211573 3.11.1 Site(s) Assessment 3.11.2 Assessment of Section 18 notice 3.12 Landowner BHP Billiton Minerals Pty Ltd (ACN 008 694 782); Mitsui-Itochu Iron Pty Ltd (ACN 008 702 761); and ITOCHU Minerals & Energy of Australia Pty Ltd (ACN 009 256 259) Applicant BHP Silliton Iron are Pty Ltd (ACN 008 700 981) Land A portion of ML281 SA, as described in Figure 2 titled "Pi East Project Area - Section 18 "The Land", prepared by M. Lyttle, Project No: A475/02 S18 REVA, dated 19 September 2012, in Appendix E of the Notice, located approximately 100 km north-west of Newman, Pilbara, Western Australia Purpose All things associated with an open cut iron ore mining operation SHO Robert Brock File Number 12/1379 3.12.1 Site(s) Assessment 3.12.2 Assessment of Section 18 notice

4. Applications Under Section 16

4.1 Applicant !I]II•• !IIII~, Eureka Archaeological Research and Consulting, University of Western Australia Site(s)/Area(s) In and around the Weld Range, eastern Murchison region Purpose To undertake a program of archaeological sampling and characterisation of tool­ stone sources Senior Heritage Officer Aidan Ash File Number 12/1582

4.2 Applicant ••••• Big Island Research pty Ltd on behalf of Atlas Iron Ltd Site(s)/Area(s) Abydos 17-12 and Abydos 22-12 Purpose To undertake test pit excavation in rock shelter sites Senior Heritage Officer Sally McGann File Number 13/0086

4.3 Applicant ••••• Big Island Research Pty Ltd on behalf of Atlas Iron Ltd Site(s)/Area(s) Abydos 18-12 and Abydos 20-12 Purpose To undertake test pit excavation in rock shelter sites Senior Heritage Officer Aidan Ash File Number 13/0085

4.4 Applicant ••••1, Big Island Research Pty Ltd on behalf of Atlas Iron Ltd Site(s)/Area(s) Abydos 07-12, Abydos 16-12 and Abydos 21-12 Purpose To undertake test pit excavation in rock shelter sites Senior Heritage Officer Simon Keenan File Number 12/1583

4.5 Applicant Rio Tinto Iron are Pty Ltd Site(s)/Area(s) DIA 29625 (NAMBWT0912), DIA 29667 (NAM BWT09_PAD05) Purpose To undertake a test excavation at two rock shelters as part of the Nammuldi Below Water Table Expansion Project in the Pilbara region Senior Heritage Officer Robert Brock File Number 12/1584 4.6 Applicant Site(s)/Area(s) DIA 27027 (Deception 1 Rockshelter) - North of Koolyanobbing WA Purpose To undertake test pitting Senior Heritage Officer Sally McGann File Number 1211578

5. Items for Noting

5.1 Recent Ministerial Decisions Arising from ACMC Meetings

5.2 Registrar's Report

5.2.1 Section 16 Permits 5.2.2 Site Investigations 5.2.3 Compliance Inspections 5.2.4 Number of Site Registrations 5.2.5 Use of Regulation 10 5.2.6 Section 18 Notice Status 5.2.7 Legal Proceedings

5.3 Heritage Survey Reports

5.4 Correspondence/Media

5.5 FOI Requests

6. Other Business

6.1 Site Assessment - DIA 5633 (MERKANOOKA STATION, MORAWA)

6.2 Site Assessments - DIA 32686 (HOL-04-11-01), DIA 32690 (HOL-04-11-02) and DIA 32691 (Maari Jaardi)

6.3 Site Assessment - DIA 4328 (Gas Pipeline 87)

6.4 Site Assessment - DIA 32698 (Yilalcan Site Complex)

6,5 Presentation - Site Assessment Framework

7. New Business

8. Next Meeting

9. Meeting Close