Expert Witness Statement of Jonathan Howell-Meurs Engaged by Melbourne City Council
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Expert Witness Statement of Jonathan Howell-Meurs Engaged by Melbourne City Council 1 Name and Address Jonathan Howell-Meurs Executive Director Andrew Long & Associates P/L 54-58 Smith Street Collingwood VIC 3066 2 Qualifications and experience (1994) B.A. Honours Degree in Archaeology and Classics at University of Melbourne. (1997) M.A. Archaeology at University of Melbourne. Professional archaeological and heritage consultant since 1999. Recognised as a Cultural Heritage Advisor for the purposes of the Aboriginal Heritage Act 2006 3 Area of expertise My area of expertise is cultural heritage management. I have sufficient expertise to make this report as I have more than 10 years’ experience in undertaking cultural heritage assessments within the State of Victoria and I am a qualified Cultural Heritage Advisor for the purposes of the Aboriginal Heritage Act 2006. 4. Other contributors to this statement The desktop component of this report has relied upon material prepared by Mr Paul Pepdjonovic during the preparation of the draft Cultural Heritage Management Plan 14052. Mr Pepdjonovic, of Andrew Long + Associates, is a listed Cultural Heritage Advisor for the purposes of the Aboriginal Heritage Act 2006. 5. Instructions relied upon for the preparation of this report. Under instruction from Ashurst Australia this report has been prepared to address the following issues: A brief discussion of the relevant Aboriginal history of the area (specifically, the fact that there are Aboriginal remains buried at the Old Melbourne Cemetery, and the Aboriginal items discovered at the Munro site). A description of why Aboriginal cultural heritage is therefore an important consideration for the development of the QVM precinct. A high level description of the relevant legal/management framework, which should include a discussion of the section 173 Agreement already in place, and the Aboriginal registered place(s) (burial site, and the Munro site), and the impact of the relevant buffers under the AH Act/Regs. A description of the work that is currently being done in terms of the two CHMPs, which should include discussion of any considerations which will need to be taken into account in terms of exhumation of remains in the Old Melbourne Cemetery (on the basis that there is a small risk that some could be Aboriginal). Any other issues that you consider relevant to Amendment C245. 6. Persons undertaking tests or experiments upon which this report relies. Not applicable. Signed Jonathan Howell-Meurs Date 27th April 2016 Aboriginal Cultural Heritage Expert Evidence – Redevelopment of the Queen Victoria Market – City of Melbourne Planning Scheme Amendment C245 and Implications for Development Author: Jonathan Howell-Meurs 27th April 2016 Introduction The following report presents Aboriginal Cultural Heritage expert evidence in relation to the proposed City of Melbourne Planning Scheme Amendment C245 for the redevelopment of the Queen Victoria Market. The report is broadly structured around the following sections: 1. A brief discussion of the relevant Aboriginal history of the area 2. The relevant legal/management framework. 3. The preparation of Cultural Heritage Management Plans (CHMPs) currently under way. Registered Aboriginal Parties and Applicants At the present time there is no Registered Aboriginal Party for the land which is subject to the proposed C245 Planning Scheme Amendment (hereafter the ‘subject land’). Previously the Wurundjeri Tribe Land and Compensation Cultural Heritage Council (WTLCCHC), the Bunurong Land Council Aboriginal Corporation (BLCAC), Bunurong Land and Sea Association Incorporated (BLSAI) and Boon Wurrung Foundation Ltd (BWF) had also submitted applications for RAP status for the subject land, however these applications were declined. Nevertheless, the Aboriginal Heritage Council has acknowledged that the BLCAC, BLSAI, BWF and the WTLCCHC represent Traditional Owner Groups for the areas of their former applications and are to be consulted in relation to cultural heritage matters until such time as a successful RAP application is received. Aboriginal History of the Subject Land The lives of Aboriginal people in the Melbourne area were severely disrupted by the establishment and expansion of a European settlement. As a result, little information is available regarding the pre-contact lifestyle of Aboriginal people in the area, especially the subject land. The following section summarises major syntheses previously undertaken on Aboriginal associations with the Melbourne area in general in the pre-contact and post-contact period (i.e. Clark 1990; Clark & Heydon 1998; Presland 1994). Pre-Contact Period The subject land is located within the lands traditionally associated with the Woi wurrung language group (Clark 1990: Figure 13). The closest documented clan to the study area were the Wurrundjeri willam, a Woi wurrung clan who identified with land encompassing most of the Yarra River valley (Clark 1990:365). Clan boundaries were defined by mountains, creeks and rivers, and clans were familiar with the geography of their territory and the seasonal availability of resources within it. Clark and Heydon (1998:15) note that the Wurundjeri willam consisted of three smaller groups occupying specific areas of land within the broader Wurundjeri willam area. A group known as ‘Billibillary’s mob’ occupied an area encompassing the Maribyrnong River, Merri Creek, Lancefield and Mount William and is likely to have been the landowning group in the study area at the time of European settlement. ‘Bebejan’s mob’ occupied land between Merri Creek and the Yarra River, extending to Mt Baw Baw (Clark & Heydon 1998:17). The majority of references to Wurundjeri willam describe Aboriginal associations with either the Yarra River or Mount William, west of Kilmore (Presland 1994). The Wurundjeri willam had an extensive network of political, economic and social relations with neighbouring clans, including those from other language groups. Marriages were sought from the Bunjil moieties of the Bun wurrung (spelling according to Clark 1990, 364) to the south, the Taungurong to the north and a clan near Mount Macedon and Lancefield (Barwick 1984,104). Very little is known about the pre-European contact occupation of the subject land by the Wurrundjeri willam. Most references to Aboriginal people in the vicinity of Melbourne during the early contact period describe Woi wurrung people without specifying clan affiliation, or Aboriginal people from other language groups visiting the Melbourne area (Clark 1990). Clans from the Woi wurrung and other language groups regularly met for social, ceremonial and trade purposes, with Thomas, an Assistant Aboriginal Protector, in 1840 noting that: By what I can learn, long ere the settlement was formed the spot where Melbourne now stands and the flats on which we are now camped [on the south bank of the Yarra] was the regular rendezvous for the tribes known as Warorangs, Boonurongs, Barrabools, Nilunguons, Gouldburns twice a year or as often as circumstances and emergences required to settle their grievances, revenge deaths… (Thomas in Presland 1994, 35). Wurrundjeri willam people are likely to have taken part in large Aboriginal meetings, which occurred in the vicinity of Melbourne in the 1840s (Clark & Heydon 1998:21). Post-Contact Period The development of the township of Melbourne from the mid-1830s resulted in the loss of traditional lands and resources, the spread of disease, social breakdown and removal of both groups and individuals to reserves and mission stations. Aboriginal people from other clans and language groups were attracted to Melbourne for a variety of reasons, making it difficult to identify and document the ethnohistory and post-contact history of specific Aboriginal clan groups after the period of initial settlement. Aboriginal people continued to camp in and around the township of Melbourne. Mostly it appears they were people belonging to Woi wurrung and Bun wurrung clans, and their preferred camping places were along the south bank of the Yarra River, opposite the settlement of Melbourne and Government Paddocks (between Princess Bridge and Punt Road) (Clark & Heydon 1998:25). A Government Mission was built in 1837 on an 895-acre site, south of the Yarra River (east of Anderson St in Port Melbourne), with George Langhorne responsible for the running of the mission. The objective of the mission was to ‘civilise’ Aboriginal people and those who decided to live at the mission were provided with rations in exchange for agricultural endeavours. Children were also provided with rations for attending school classes. Woi wurrung people were mainly associated with the mission although members of other language groups were noted as being affiliated with the mission in 1838 (Clark & Heydon 1998:27). For a four-month period between 1838-9 the Native Police Corps was stationed in the Police Magistrates Paddock on the north side of the Yarra River, east of the township of Melbourne (Clark & Heydon 1998:27). In 1839 George Robinson, the Government appointed Chief Protector of Aboriginal people, arrived in Melbourne. His various bases in the proximity of Melbourne were important locations for Aboriginal people and during this period they often visited him and occasionally camped temporarily near his office (Clark & Heydon 1998:28). George Robinson’s bases are thought to have been: Police Magistrates Paddock July 1839; Unknown office July 1839 – December 1839?; Former Government Mission station