93 ictpt.r.,) J','uclof/tcr:/c . 4-

ABORIGINAL CAMP SITES ON THEWESTERN COAST

OF DAMPER LAND, WESTERNAUSTRALIA

by

Kim Akerman *

The Dampierland Peninsulalies to the north of Broome on the north-west coast of WesternAustralia. The peninsula is within 25" - 30" rainfall belt,with temperature varying between 70° F in July and85° Fin November/December.

The low plateau that makes upthe peninsula has el basal locally layer of cretaceous silicifiedsandstone, overlain with occuring Pliestocene sand dunesand a thin sandy soil veneer. locally The area supports tropicalwoodland vegetation known as 'pindan'.

Very little has been recordedabout the day-to-day life of the coastal people ofDampierland. W.D. Campbell visited Sunday Island in 1908 andwith W.H. Bird provided an account of the Aborigines inhabitingit in 1915. From this account Bad tribe and from discussions heldwith elderly men of the now resident at OneArm Point, it is clear thatalthough a maritime people the materialculture possessed allowed only a very limitedexploitation of the marineenvironment.

Many of the items consideredvital to a-coastal exploiting time. group were absent. Harpoons were not 'used until contact Even now the harpoons useddiffer radically from those used on the northern and eastern coastsof Australia. There appears to be no word in thelanguage for harpoons and they are designated 'English harpoons'and 'Japanese harpoons', depending on their construction(Figure 1, a and b).

The 'English harpoon' is an ironrod of 1.5cm diameter non-detachable single up to one meter inlength with a flattened is formed into an off- barbed tip. The other end of the rod mangrove wood pole set 'eye'. This end is lashed firmly onto .a abudffOurMetet-g in TengtitThe-'Japanese-harpoon! differs This in having a detachablebarbed head with a hollow base. is slipped over a onemeter.iron foreshaft which in turnis lashed securely to the mangrovewood shaft. The harpoon line of the former type is securedthrough the 'eye' of the iron rod and in the latter isattached directly to thedetatchable found by Thomson (1934: head. The indigenous harpoon type as fore- 237-62) has a shaft socketed toreceive the head and no preferred for shaft. Among theBad the 'Japanese harpoon' is turtle and the 'Englishharpoon' with its lance-like head, harpooned and the for dugong. Turtles tend to spin when rigid 'English' iron is morelikely to pull out.

* Manuscript received March 1974. Kim Akerman is with theDepartment of Public Health,Derby, W.A.

44' 94

ID Workshops Map 1: [Sunday I. 0 Living areas Freshwater soak 0 Low seawarddunes "mircLarger stabel dunes -tin Cape Reef Berthole - Derby Coulomb James :70 Price Pt. 0 INDIAN OCEAN Broom No

Peninsula The Dampierland 0 Map 2: '400 ---- Coutait Pt creek

0 200 metres

concentration Map 3: Sketch map showing Point of camps in areaB (i) Coulomb Recent sites nearCoulomb Pt.

English Harpoon

1 metre

Japanese Harpoon

used by theBad Figure 1: Modern harpoon types

Figure 2: 1 metre A2......

A.

red soilcliff

beach Al

sea level ., rlietStorleilisitcrqe.istliet

relationship betweenAl and A2 sites Sketch showingstratigraphical 95

Nowadays there is little emphasis ongathering sea foods from the reef or beach environmentalthough 'shelling' and the gathering of clam meat isundertaken for commercial purposes. Fishing with lines and hooks (formerly not made or used) is undertaken on anirregular basis. Fishing was formerly done with long single pointed unbarbed spears or with special fishing boomerangs. After the coming of the pearling fleets, iron 'boomerangs' were used by menand women when fishing in the shallows.

Turtles are taken throughout the year but the main months appear to be October and November when mating or 'married' turtles are common. The hunters usually watch for them from beaches on either side of tidal channels. The copulating turtles are easily approached and harpooned. Dugong on the other hand migrate from areasnorth of Sunday Island south during March/May and at this time, aretaken often.

The heavy emphasis on the large marine animals atpresent is nor reflected in surface sites to be describedand there appears to be a radical change inthe exploitation methoas used by the Dampierlanders.

Description of sites

The sites described here lie along a coastalstretch of some ten miles in lengthimmediately north of James Price Point. In 1971 W.H. Butler conducted a fauna surveyof the area on behalf of the Departmentof Fisheries and Fauna. On this survey artifacts similar to thosedescribed were collected and forwarded to the Western Australia Museum(W.H. Butler, personal communication). At present the coastal strip running from Coulomb Point to Cape Bertholet is aFisheries and Fauna Reserve.

The coast here is rugged with beach frontsvarying between 100 and 500 rosters in width. TheFe beaches abut either on to large fixed sand dunes or onto terra rossa cliffs up to thirty meters in height.. Thesites which appear to belong to three different phases I havedesignated Al, A2 and B. Sites designated as Al and Al. appear to beconsiderably older than thOse that fall into the B category.

On all three types of sites concentrationsof mollusc shells are evident. In fact, these shell concentrations are the main indications that there has beenaboriginal activity in the area. It appears that rock oysters (Crassostreasp), trochus (Trochus lineatus), ark shells (Arcidaesp), abalone (two species of HaZiotis, H. ovina and H. asinina) andsmall pearl oysters (Pinctada sp and Pteria sp) were themain shell fish gathered, although many shells belonging to other genera were found damaged on sites but in muchlesser quantities. 96

Gastropods were usually found tohave one or more of their whorls damaged - evidenceof the method of extraction the dorsal of the animal. Trochus shells, however, usually had half of their spires removed tofacilitate extraction of the animal. As well as the smaller molluscsthe large shells of trumpet shells (Syrinx auranus)and bailer shells (tdeloamphora), are common althoughusually damaged. Whole shells of the bailer shell usually have thecolumella and interior whorls .removed to convert the outer bodywhorls into a large bowl. Occasional specimens were seen with ahole punched in the side.of the body whorl opposite the aperture,allowing the columella to be grasped as a handle(Davidson 1937:200).

Both Al and A2 are associated withthe red soil cliffs and fossilized dunes. Al sites have sparse shellaccumulations usually about small hearth zones. Hearths are characterized by a scatter of either burntsandstone lumps or baked antbed.

There is a crude lithic industryusing silcretes which are exposed at sealevel on the western side of Dampierland, (this sandstone/silcrete stratum is wellexposed on the eastern coast of thepeninsula and appears to dip gently to the west). Boulders of silcrete were obtainedfrom creek washouts. Crude flakes with largeplain'striking platforms and sharp edges were used asknives and scrapers. Cores were also used aschoppers; otherwise there is no,evidence of any refined stone or shellindustry.

Sites in the Al category do not appearto have any vertical accumulation and liedirectly above the disconformity between the sand stone and thered earth cliffs (Figure 2). A2 sites are found on the topsof the cliffs and appear to be up to 1-1.5 meters indepth. The shell accumulations are interbedded in theterra rossa soils. As hearth accumulations of the same speciesof shells appear, there begun seem to be indicationsthat specialized gathering had species to take place, Small concentrations of individual are found embeddedin the cliff face.

The most striking introduction,however, is the refined lithic technology which hasproduced long simple blade points in with some marginal trimming. These blades are 3 to 12 cm length.

Dortsb (L972: 65-710 described asimilar industry in the Chichester Ranges of WesternAustralia. At the Chichester Ranges, however, the blades areflaked from black, fine grained Dortch appear cherty siltstone. The techniques describeiby Dampierland to be the same asthose used for blade production on ground edge axes (Figure 3). As well as these points, rare of both pebble and bifacecoroid types have been introduced, pebbles. along with anvils made onsilcrete or shelly conglomerate All implements are madeof either silcrete or conglomerate. No artifacts made of basalt ordolerite have been noted, cm B. A- ground edge with slightmarginal trimming Heavily battered Blade points axe made or silcrete

Small grindingplague of ferriginous grit. Thistype of grindstone isassociated 0 4 with bailer shellimplements <2277.- D. points Plain bladeswith flake

vc(272212:32r1 F. 402 E. made 0 4 Nosed scraper Figure 5: Chopping implement on brokenflake made on a flake

Figure 6:

offramjcm Pebble anvil stoneof shelly associated with conglomerate food. oPentng trochusshells for 98

On the A2 sites a shelltechnology appears to have begun. Extremely brittle Melo shell bowls areweathered out of the cliff and one weathered ground bailershell knife/chisel was found. This was the only'shell knifefound associated with the cliff allow some top sites. Although sites in the Al and A2 category impressions of the prehistoriclife of the Dampierlanders, two sites in particular cover the contactand early post-contact era, which allow greaterinsights into the ecology of thestrand dwellers. These I have classed as B sites.

B sites differ radically intheir location from A sites lying directly on stablized sanddunes about one mile apart. The first B (i) is on Point Coulomb,the other B (ii), on the south bank of a creek mouth, onemile to the north (Map 2). The sites lie between the first lowseaward dunes and extend east to the tops of thelarger stabilized dunes.

On both sites it is possible toobserve that some specialization in food collection hastaken place. Separate hearths are often associated with oneparticular mollusc species, usually trochas, abalone or ark shells, Rock oyster shells are Also by far the commonest beingscattered over the entire area. at both sites it is possible to seethe remainof turtle. These turtles were probably either caught whenmating or when nesting. While examining site B (i) greenturtles were seen within twenty meters of the reefs, It was interesting to note that notrace of dugong remains were found ateither sites (this I feel is an indication that the sites were'pre-harpoon' in early contact remains on recent times). W.H. Butler (pers. comm.) saw dugong sites in this area in 1971. These may be modern in origin.

lithic industry

Production of blades appears to havebeen dropped from the simple flake lithic technology. lithic material is limited to knives and scrapers, no adzes were seen.

Ground edge axes of silcrete appear tobe fairly common. All those observed showedmuch battering and flaking, testimony of such to the unsuitabilityof the material for the production implements (Figure 4). Axe grinding was probably carriedout however, only on coral slabswhich'are common at the camps, two definite grindstonesof coral were seen, Smaller grindstones szure 5) are common; they aremall tablets of silcrete or ferruginous grit with very narrowshallow grooves. It is almost certain that these wereused to sharpen shell knives and chisels,

The only other recognizable stoneimplements are well made anvil stones with usually onewell-defined pit on either side. These are made from water wornpebbles of quartzite or shelly conglomerate (Figure 6). She.!t 'nduslry

sites there isalso a well-defined On the abovementioned (Pinctada sp). hailer (A1elo-sp) andpearl shell industry based on Those artifacts the former wereall utilitarian. The products of nautilus) appeared tohave produced of pearlshell (and rarely and/or secular purposes. been used forornaments for sacred sub-triangular shape were tablets of oval to Bailer shell grinding shape and one endsharpened by usually chipped to The is the wholecircumference ground. (Figure 7) and rarely for worm-holed and itwould appear that shell is often very wave-tossed dead implements thicksections of many of these regularly tossed onto the shell were used(broken shell is T.1;? &te, Perhaps thosefragments that survive beach). for edge grindingthan fresh reef are tougherand more suitable (Figura 8). shells. Blanks are rare

Anatys's 0J- shellimplements

Thickness Shane Artifact Length Breadth (measurementsin cm) sub-rectangular 3,5 3.00 0.3 1 sub-triangular 3.1 0.3 2 3.2 . ozal 7.3 0.4 3 9,5 sub':-rectangular 4.6 0.4 4 8.2 oval 6.0 0.35 5 12.2 sub rectangular 4.7 0.25 6 10.4 sub-triangular 5.0 0.3 7 7.0 sub-rectangular 5.0 0.2 8 8.5 oval 4.0 0.3 9 10.2 oval 4.1 0.3 10 9.0 rectangular 6.6 4.7 0.3 11 0.35 oval 12* 9.0 4.8 0.3 oval 13* 8.7 2.9

that such implements Bad and Njulnjulinformants stated chisels (Bad:Tjinabal) and used were hafted inshort handles as 9). Demonstration models weremade for me (Figure for wood working. smaller and Bad informantsproduced for me Six years ago for butchering unhafted, objectswhich were used similar, but Specimens seen atCoulomb Point turtle and cleaningfish.** considerably, andpossibly the varied in lengthand breadth chopping or served as knivesrather than as thinner implements 289-90) figured anunhafted chisel adzing tools. Knut Dahl (1926: adapted for the noted it was " very well from Broome and used in the native wayas achisel:" purpose ofcutting wood, when

blanks * Trimmed but unground of the now housedin the Museum ** These specimens are of WesternAustralia Department ofAnthropology, University

-44V-344 100

)D)esaarlo 0 4 cm

Figure 8: Trimmed bailer shellblanks

Rocainc8

chisel/adzes by Bad Figure 9: Bailer shell implements hafted as informants. Bad name - Tjinabal.

49130111310O100179 9121413101111=w=a011012810282to c'Eocac 4 cm Pintja Pintja Figure 10: Pearl shell ornament known as 101

Bailer and syrinxshells were used as receptacles. Syrinx shells appear to havebeen carefully chipped to rdmove the interior whorls producing aladle-like object. Whole specimens are rare. Bailer shells had either the interiorwhorls removed leaving the outer body whorls toform a bowl or had a hole punchedthrough one side to allow the columella to be gripped. There was no attempt to smooth grip holesand on only one bailer shell was there anygrinding evident on the lip. As well as being used for water carrying,Dahl noted that the Broome. aborigines used them towinnow charcoal and 'nalgoa' that had been mixed together when hot(Dahl 1926: 290).

Two pearl shell objects were alsofound: the first cna consisted of two sections of a smallpearl shell Y;:nstcn 8S Pintja Pintja and Tjagolla locally); thisobject (Figure 10) was pierced at one endby drilling from either side. The holes were not positioneddirectly over one another with a res\lltant 'double. hole'. The second object is the 'topend' of the common larger pearl shellornament and bears a perforation for suspension. Neither object has been engraved.

Several small sub-triangular fragments ofapparently worked nautilus shell were seen. These were not pierced for suspension.

Analysis of site B (i)

It is possible at site B (i) toestablish the nature of the activities carried on at thevarious camps that make up the site. The site itself covers an areaof approximately 0.8 kilometers in length and is between 200and 300 meters wide, tapering as the site extends to thenorth. Towards the northern end there is a small soak surroundedby pandanus. This was the main watering point (Map 3).

Camping areas can be divided into living areasand working areas. The latter was probably the domainof alult males. Living areas are found along the entireinterdunal stretch of the site. They are characterized by profuse scatterof shells both large and small. Bailer and syrinx bowls (whole and fragmentary) are common, as are large coralblocks (grind stones?) and anvils. Most hearths are scattered, but one can note concentrations of ark,trochus and abalone shells as well as the remains of rock oysters. There are alsO,remains of turtles, usually associated withhearths of burnt sandstone or ant bed. At these sites, there are veryfew knives and scrapers, and no ground shell implements.

The working sites are found on theseaward margins and on the crests of the large, fixed duneslying east of the living areas. These were probably selected on theirmerits as vantage points to observe the coast, andfor reasons of relative isolation which hollows between thedunes afforded. ur tAAAL,

OS Prliza Labae2.6 (ea 102

cooking Here, there are excellentexamples of turtle that show the'.specialization in food hearths, and hearths ark shells, preparation (if notcollection). Small clusters of little evidence trochus, pearl oystersand abalone, all show litter the area of having been disturbed, Rock oyster remains were carried (it appears as if hugelumps of reef and oysters up to thedunes to be eaten there atleisure),

There appears to be anassociation between theanvils removing the topof and the crochus shell(which are opened by found in close the spire) as shellsand anvils are often Bailer and syrinx shellbowls, often very large proximity, There (up to 40 cm in length), arealso found on these areas. replaced shell also are rusted tinbillys which must have receptacles. the dunes, The bulk of the lithicmaterial is found on along with shell Cores, flake tools,and pebble choppers manufacturing of tools suggest that this wasan area where also concen implements took place. Wasted stone material is be followed, trated in these areas. If modern comparisons can these were 'men only' areas. As well as in all likelihood of worked the production ofutilitarian artifacts, the presence 'men's ground'. pearl shell alsoreinforces the idea of a not At Coulomb Point it canbe seen that activities are might expect, but concentrated around thewatering point, as one closer to the majority of campsfor living and for working are the reef areas southof the soak, found on Concentrations of reefdwelling shell fish are north, become less camp sites here,which as the sites extend site itself liesopposite the abundant. The main manufacturing reef on Point Coulomb. it is Although there is noevidence of fish remains, wooden spears certain that fishing wascarried out with plain At one camp a workedpiece of flat iron, and boomerangs. (Campbell and Bird 1915: possibly part of a-metalfish boomerang noticeable lack Of 57, Figure 6), wasfound. There was also a although scattered bonesof large amounts ofmarsupial remains, remains were wallaby were seen, These, like the turtle without preparation. exceedingly fragile andcould not be removed is Evidence that these sites wereused in contact times section of an iron afforded by crazesof rusted knives, the iron billy cans and onesmall iron boomerang, disintegrating but none tomahawk of an earlystyle. Broken glass can be seen, Possibly bottles wereprized has been foundthatthas been worked, broke, Unworked containers which werecarried about until they have been used for cutting glass slivers,however, could well secular nature. Butler (pers. purposes bothof ceremonial and have removed whole comm:) suggests thatbottle collectors may specimens recently. Olscussion ark' conclusions

It appears that there are at least threemajor cultural phases in the prehistory of Dampierland based onthe evidence at hand:

Phase Site Situation Artifacts

Phase 3 B Lying on modern sand Shell chisels and knives, dunes close to reef ground edge axes, utiliz- areas and fresh water ed flakes. Shell recep- soaks tacles, small grindstones for shell tools.

Phase 2 A2 Lying to a depth of Pebble choppers, blades 1.5 m from surface and points, flake scrap- of red soil horizon. ers, shell receptacles, Exposed at cliff rare examples of shell edges at blow outs. tools and ground edge axes

Phase 1 Al Lying directly on Pebble choppers and disconformity undifferentiated flake between sandstone tools horizon and red soil horizon exposed at base of cliffs

At this stage no attempt at dating has been made. There appear to be no changes in the molluscsexploited, the difference being a more specialized exploitation, plus tool assemblageswith specialized tools being developed. One can only surmise that bifacially-worked stone spear heads, common throughout the Kimberley region, were never important implements.

To date I have not seen any evidence of any typeof point other than simple blade points. (occasionally withmarginal trimming), in Dampierland. The blade points in Phase 2 were possibly knives that were replaced by shell knives andsimple flakes in Phase 3.

Experiments with shell knives and chisels are nowbeing conducted. As adzes and chisels, they appear to fill the niche that on the Kimberley mainland was held by smallground edge stone tools (also often hafted onshort handles).. They are ideal for the preparation of abalone, being well suitedfor cutting the muscle which attaches the foot of thegastropod to its shell. Discussions with informants have not revealed any evidence of aregular hafting of shell tools in axe fashion, and it is likely that specimens that do exist (Davidson 1938: 46) were "made for the occasion". 104

As an area that at present is culturally radically different from the rest of the Kimberleys, it is interestingto see that this difference extends wellback into prehistory. Mainland sites are characterized by point assemblages including pirri, blade points and bifacially worked typesin a variety of fine grained stones. The use of basic rocks for ground edge tools is evident and worked shell is rare. Today the Bad and Njul.njul maintain different 'laws' tothe'main- At Swan Point is a site commemorating a clash , lenders'. between Bad culture heroes and cultures from the southwith the Bad triumphant. Similarly, today the Bad maintain their independence strongly resisting the 'invading' Walmadjeri influence with its associated 'desert' ritual and speak contemptuously of those groups who now seek to fill vacant socio-religious niches with new 'laws'.

Acknowledgments

My thanks are extended to Mr. C.E. Dortch, Curatorof Archaeology, Western Australia Museum and to Mrs. S.J.Hallam, Lecturer in Archaeology and Prehistory at the Universityof Weste:n Australia, for their comments onearliei drafts of this paper,

Bibliographic References

Campbell, W.D. and Bird, W.H. 1915Account of the Aboriginals of Sunday Island, King Sound, Kimberley, Western Australia, Journal of the Royal Society of Western Australia, Vol. 1, 55-82

Dahl, K. 1926In Savage Australia. London

Davidson, D.S. 1937Transport and Receptacles in Aboriginal Australia, Journal of the Polynesian Society, Vol.46, No, 4, 175-205

Dortch, C,E, 1973 An. archaeological site in the Chichester Range, Western Australia. A Preliminary Account, Journal of the Royal Society of Western Australia, Vol. 55, Part3, 65-72

Kerr, A. 1967Australia's North-West. University of Western Australia Press

Sofoulis, J., D,C et. al. 1971 The geology of Yampi: 1:250,000 sheet area SE/51-3 Western Australia,Record 19:7441 Bureau of Mineral, Resources

Stuart, E.J. 1923 A Land of Opportunities. London of Thomson, D.F.'1'934 The dugong hunters of Cape York, Journal the Royal Anthropological Institute, Vol. 64, 237-62 GOVERNMENT OF WESTERN AUSTRALIA

KIMBERLEY REGION PLANNING STUDY

IN REPLY PLEASE QUOTE STATE PLANNING COMMISSION 22 ST. GEORGES TERRACE AUTHORITY REF: PERTH WESTERN AUSTRALIA 6000 TEL: 425 7333FAX No 3264173 YOUR REF: All correspondence lo be addressed w the DIRECTOR INTRODUCTORY COMMENT

Thank you for taking time to read this working paper.

This paper was prepared from the record of proceedings ofa Seminar held in Derby in September. The comments and proposals it contains do not necessarily represent the final position of the Commission, Study Team or indeed the opinion of any individual. You should read any proposed actions carefully and submit your comments and indicate whether you agree or disagree or to addto what is there.In this way, we can judge how acceptable the draft proposals are to the broader community.

Early responses would be most helpful but note thatwe will accept replies until the end of February.

Throughout the StudyProgramme,we haveendeavoured to involve the community and we regard all inputas a valuable part ofthe Study process.Please be assured that your comments will receive full attention.

Please note : Working Papers are available on the following topics:

1. Tourism 5. Fishing 2. Mining/Exploration 6. Agriculture 3. Community Services 7. Pastoral 4. Education and Training 8. Conservation and Reserves.

LAURIE O'MEARA, STUDY DIRECTOR

KIMBERLEY REGION PLANNING STUDY

CONSERVATION AND RESERVES SEMINAR

Prepared by Alice O'Connor October 1987

CONTENTS

1.0 INTRODUCTION 1

2.0 SUMMARIESOF PAPERS PRESENTED AT DERBY- 2 SEPTEMBER4 -6, 1987

2.1 Kevin Kenneally, 'Geology, Landforms, 2 Climate, Landscape, Flora and Fauna of the Kimberley Region.

2.2 Andrew Burbidge, 'System 7'. 4

2.3 Andrew Burbidge, 'System 7 Update'. 5

2.4 Richard Davies, 'Conservation 6 Priorities in the Kimberley'.

2.5 Roger Underwood, 'Aims of Department 8 of Conservation and Land Management'.

2.6 Chris Done, 'Management of Reserves 9 in Remote Areas'.

2.7 David Dale, 'Conserving the Most 10 Important Sites Outside the Reserves System'.

2.8 Peter Kneebone, 'Conserving the 12 Most Important Sites Outside the Reserves System'.

2.9 Clive Senior, 'Tourism and 13 Aboriginal Heritage'.

2.10 Phillip Toyne, 'The Role of 15 Aboriginal Communities in Park Management'.

2.11 Nick Green, 'Aboriginal. Lands 16 and Sites'.

2.12 Phillip Toyne, 'World Heritage 17 Listing'. 30 Funding/Resources 3.5

27 Participation Aboriginal 3.4

24 Environment the of Management 3.3

Reserves) (Outside Conservation Informal 3.2.2 System) (Reserve Conservation Formal 3.2.1

19 Environment Kimberley the of Conservation 3.2 Bird Wader for Treaty International 3.1.2. Listing Heritage World 3.1.1.

18 Importance Global 3.1

ISSUES. CONSERVATION ABORIGINAL 18 AND ENVIRONMENTAL TO INPUT PARTICIPANTS° 3.0 1.0 INTRODUCTION

A Conservation and Reserves Seminar was held September 4-6, 1987 at the Overland Motel in Derby. The seminar formed part of the public participation programme for the Kimberley Region Planning Study. As such, it attracted representatives of various conservation bodies, people involved in tourism, Aboriginal people, eminent researchers and other interested persons.

The positivestep of formulating a regionalplan under the auspicesof thecurrent Kimberley Region PlanningStudy was acknowledged and supported.

The weekend was one of information exchange between speakers and community participants.

The speakers provided the public with details of various research projects. Summaries of speakers' presentations are in Section 2.0 of this paper. Community participants divided into workshop groups to discuss each topic.These discussions resulted in the provision of a wealth of local information relating to each topic. Information from each of the workshop groups has been amalgamated and is presented in Section 3.0 below.

When the workshop groups came together forthefinal plenary session, some participants stated their strong convictions over the importance of the conservation issues discussed during the Seminar. It was suggested that a Conservation Working Group be formed, or at least that the findings of this Seminar be reported to the mid-September meeting of Kimberley Region Planning Study working groups. The findings were indeed conveyed to the September 19-20 meeting of the other working groups, and the purpose of thisdraft paper is to allow evenwiderpublic participation.

-1 - -2-

mudflats. (iii)Tidal

predominating; spp. acacia and eucalypt with grasslands including communities, /woodland Savannah (ii)

communities; riverine and mangroves, thickets), (vine rainforest of communities canopy Closed (i)

namely: communities, biotic distinct several of mosaic a is Kimberley day Present environment. the on impact considerable a had cattle, particularly stock, the time same the At stock. introduced their affected also environment The survive. not did many result, a As Region. Kimberley the of environment hostile the understand not did settlers European Early explorers. land-based by and English) and French (Dutch, explorers sea by people, Aboriginal by named was Biota

soils. of status nutrient and capacity retention Water

precipitation); (wind, changes Climatic

people; seafaring for food as suitable biota of Removal explorers; European by fauna and flora exotic of Introduction

regime; fire Natural gathering; and hunting fire, of incidence increased to led which B.P., years 40,000 least at people, Aboriginal of Arrival

biota; of movement assisted which bridges land creating changes Sea-level

plates; tectonic of movement and origins Gondwanic

: of result a as evolved has Australia Western west north of environment The

importance. global and national statewide, of is It isolation. in considered be not should Kimberley The

Kenneally Kevin - Region Kimberley the of Fauna and Flora Landscape, Climate, Landforms, Geology, 2.1

1987 4-6, -SEPTEMBER DERBY AT PRESENTED PAPERS OF SUMMARIES 2.0 Some of these communities are particularly important becausethey provide biological corridors for the movementof biota across northern Australia.

The pleasing aesthetics of the Kimberleymust also be remembered. These include the bright blue skies, blue waterlilies and the contrasting colourful sunrises and sunsets.

-3.- -4-

reserve. each of resources biological the through working been slowly has C.A.L.M. then, addition In authorities. Government by parks national as declared) not (but proposed been since have Kimberley the in reserves conservation new of number significant A

Book. Red 7 System the as 1980 in Government State the to presented then were Kimberley the for reserves nature and parks national on recommendations E.P.A.'s The consideration. into taken and received were Brook Green 7 System the on submissions and comments Public mobility. and distribution growth, population projected meet to necessary) where above, (i) in those to (additional Parks National of areas adequate recommend to (ii) and significance; scientific special of features other as well as Australia, Western in occurring types geomorphic and biological representative of conservation the secure to reserves of system adequate an recommend to (i)

: are aims stated The

produced. was Book Green 7 System the etc., geologists biologists, Councils, with discussions following 1977, In Region. Kimberley the at look to 1976 in reconstituted was C.T.R.C. The knowledge. of lack of because Kimberley the and complexity its of because Metropolitan the - omitted both were Regions Kimberley and Metropolitan the but 1974, in presented was report initial C.T.R.C.'s Australia. Western in reserves on report to convened was (C.T.R.C.) Committee Reserves Through Conservation the 1971, in (E.P.A.) Authority Protection Environmental the of inception the With Burbidge Andrew - 7 System 2.2 2.3 System 7 Update - Andrew Burbidge

Andrew Burbidge explained that the Kimberley Region Studyarea follows Shire boundaries intothe Great Sandy Desert, so is larger in extent than the System 7 area. Desert portions ofthe Study area are incorporated in System 12.

System 7 update has involved re-examination of public submissions and extraction of knowledge from both lay people andexperts. Burbidge expressed the hope that participants of theConservation and Reserves Seminar would identify areas not yet being considered or those which had been given insufficient weighting. The original System 7 proposed only 16areas whilst the redraft is considering 30 areas. (Areas purely for tourismpurposes are part of a separate study.)

Ord River Nature Reserve is one existingreserve which may be extended;

Bungle BungleNational Parkhas been established, and extensions are proposed;

Additional areas under consideration for inclusionare : Lake Gregory;

Mandora Salt Marsh, Swamps and Radi Hills; McCarty Hills and Dragon Tree Soak; Napier-Oscar Ranges;

Roebuck Bay;

Southesk Tablelands;

Wolf Creek Crater National Park; and

Varied rainforest patches which occuron scree slopes under breakaway laterite cliffs, along rivers, and under sandstone cliffs.

-5- -6-

Gorge. Geike on expended was $62,000 1984/85, During insufficient. is $170,000 of budge operational The raised. also was management current of adequacy The

lands. pastoral of degradation the on focused paper the of portion A proposed. also were recommendations Management Shoals. Rowley and Range Leopold King Ranges, Oscar-Napier-Geike Ranges), Osmond include (to Bungle Bungle terrestrial), and (marine Beach Mile Eighty and Bay Roebuck Plateau, Mitchell at reserves existing to extensions for and Kimberley, South-West Phanerozoic of representative reserve additional an for made were Recommendations reservations. in inadequacies highlighted also had 1983) (1981; McKenzie and (1977) Burbidge and Kabay unconserved. being as communities plant 60% identified al et Specht inadequate. are reserves present that suggested Davies concern, of area second his to Turning

take. should plans management the form the outlined and stations all for plans management for called He operating. continue to allowed be should manner sound environmentally an in run leases pastoral those only that suggested He degradation. causing still is industry pastoral the that maintained Davies

overgrazing. and trampling allowed has waters artificial few too and fencing little Too control. cattle insufficient meant has investment Insufficient report. (1985) Inquiry Industry Pastoral Kimberley the in listed as degradation of causes quoted Davies

O.R.R.R. on spent a been has million $7 period, year 20 Over O.R.R.R.). ( Reserve Regeneration River Ord the for need the creating year, each river the down washed was soil of tonnes million 22 Kimberley, East the in 1960's the During annum. per million $1 of loss economic an represents which head 20,000 to 60,000 from fallen has stocking result, a As eroded. severely is kilometres square 9,000 and land poor very to poor of kilometres square 36,000 has Rivers) Lennard and Meda Mary, (Fitzroy, Kimberley West example, For degradation. environmental caused has time same the at but (1985), 1,400 employs and (1977) rent $117,000 pays income, rural total Australia's Western of 0.2% only provides It environment. the of forfeiture warrant to sufficient was value economic its whether questioned Davies and cow' 'sacred a not is industry pastoral The

reserves. proposed and present of adequacy the (ii)

and industry; pastoral the of impact the (i)

- examined paper Davies' Richard Davies Richard - Kimberley the in Priorities Conservation 2.4 Other than two seasonal managers at Bungle BungleNational Park, there are only 3 other parks with onsiterangers. This policed 'area' amounts to only0.2% of totalareaof parks inthe Kimberley. Other parks are being degraded bycattle, tourists, fire, illegal tracking and diamond exploration.

Davies recommended that all reserves havemanagement plans which have been formulated with publicinput. Theplans should be implemented.

So the second recommendation was for more funding andstaff. Tourist development should be minimal.

Reserves should be given 'A' class status in line with environmental value. Davies stated this changerequires an Act of Parliament.

-7- -8-

Study. Planning Region Kimberley this for resources and funding increased for lobbying by help can people Kimberley role. a for ask regions all in people Local regions. eleven of one is Kimberley infant. old year two a only is C.A.L.M. people. Aboriginal and tourists pastoralists, including neighbours, our with relationships good maintain To (vi)

C.A.L.M. tell to invited are aspects these on information have who People heritages. biological as well as cultural for care and of account take responsibly To (v)

Kimberley; the in already resource' 'people the using including area, Kimberley the support to funding innovative and alternative seek To (iv) landforms; and species sites, particular include issues These systems. reserve outside issues conservation address To (iii)

tenure; in secure and represented be should ecosystems major All system. reserve representative a of establishment the to contribute To (ii)

wanted. are people Aboriginal of involvement and funding staffing, increased plans, management More inadequate. is system present The reserves. of management of system adequate an provide To (i)

: are brief, in aims, (C.A.L.M.) Management's Land and Conservation of Department The Underwood Roger - Management Land and Conservation of Department of Aims 2.5 2.6 Management of Reserves in Remote areas- Chris Done

As wellasbeing responsible forthe management ofspecific National Parks, reserves and State Forests in WesternAustralia, C.A.L.M. is also concerned with the broader issue ofprotection of all native flora and fauna.

Chris Done spoke of C.A.L.M.'S staffing, which isinadequate but increasing, and its funding. Updating Davies' figures, he explained C.A.L.M. now has a regional office inKununurra and 6 additional permanent officers involved in park and reserve management. This representsalmost a three-fold increasein permanent management officers since C.A.L.M.'s establishment 2 yearsago. Officers alsohave access to specialiststaff in Perth. Threats to conservationwere then outlined. These include inappropriate fire regimes, feral animals (donkeys,cattle, cats, camels, pigs), weedinvasion (Parkinsoniaaculeata, Noogoona Burr, Calotropis procera), visitors and mining.

Management practices and options with respect to the threatswere covered.Fire buffers and mosaic patch burnsare being used. Feral animals could be reducedby mustering orshootingin conjunction with the Rangeland Management Branch of the Department of Agriculture and weed control carriedout, on a needs basis, to Agriculture Protection Board standards.

Co-operation with Aboriginal people is being sought.Co-operation with tourists is being encouraged by provision of better facilities, signposting, pamphlets and personal contact.

-9- -10-

regulations. and Acts of revision require would control Such pastoralists. and companies mining boats, and vehicles drive four-wheel of owners the trespassers, operators, tour tourists, include regulated be to bodies and Persons

projects. community support to directed be should funding increased any of Part improved. greatly is funding that so areas natural many of value the to as educated be must politicians, particularly decision-makers, all, Above C.E.P.). League, (Gould projects special do as education, with assist collection litter and brochures signposting, as such projects Community visitors. for available be should history, and names place Aboriginal including information, Interpretive revised. be could curricula School keystone. the is Education

proposed. also was Listing Estate Kimberley a of establishment The Act. Land the and Act C.A.L.M. the to amendments through or Act, Heritage Aboriginal the under Estate, National the are listing protective of Types involvement. community and regulation education, listing, by achieved be could sites of Protection

attention. early merited Road River Gibb the along section the and area wilderness Kimberley North The areas. research and identify help could groups conservation local and Clubs Naturalist R.A.O.U., as such organisations Non-Government representatives). pastoral and groups Aboriginal etc., Recreation and Sport Tourism, (C.A.L.M., committees inter-departmental special by be could Identification important. was process the in involvement community that and sites, of identification co-ordinate C.A.L.M. that suggested Dale David

protection. then and identification requires system reserves the outside sites of Conservation

Study. Planning the in addressed issue major a be should Kimberley, North the of particularly potential, Heritage World opportunities. other and commercial and tourism, and rangers research, for finance include would listing such from accruing Benefits Kimberley. the for Listing Heritage World for Government Federal the lobbied Foundation Conservation Australian the 1975 in result, a As heritage. historical and cultural Aboriginal, its and areas, wilderness extensive and areas natural magnificent many its fauna, flora, geology, unique its of because special is Kimberley the that stressed paper Dale's David Dale David - System Reserves the Outside Sites Important Most the Conserving 2.7 Community members should be involved in preparation of management plans, management and also maintenance. Honoraryrangers have an important role to playand theirnumbersshould be greatly increased in the Kimberley. The public could helpwith a communications network used for environmental information,and monitoring and also in the case of emergencies. Overall itis essential thatthepublic bebetter representedin planning, management and decision-making involving conservation of important sites outside the reserves system. (David Dale subsequentlypresented a Seminarposterdisplay highlighting wilderness areas and landmanagement problems in the North Kimberley.) -12-

organisation. of type Norforce a of establishment the by aided be could Surveillance

increased. be must departments government and authorities local to Funding done. be must something when come has time The money'. 'no is surveillance of lack to answer stock The

redressed. be should deficiency This environment. the on tourism of effects the study to undertaken been has EIS no date, To tourism. for marketed strongly being is Kimberley The industry. new any of establishment to prior Study Impact Environmental an for calls procedure Normal

wildlife. indigenous on impact catastrophic a having also is numbers dog wild in increase dramatic The artefacts. Aboriginal of removal and corals) and shells plants, rare of removal and trapping shooting, fishing, illegal (through fauna and flora to damage erosion, severe facilities, toilet of lack to due threat health a littering; pressures, flow traffic include Problems attractiveness. natural original their losing of risk greatest at therefore are and surveillance protective no have destinations normal as recognised not Areas accessible. site remotest the even make determination, visitors' with together vehicles, 4WD of availability ready the discovered, been have places 'secret' Once

leases. pastoral many than economy the to more contribute to potential the have interest of areas small relatively some However, leases. pastoral by covered area the or area this either maintain or protect to inadequate are co-ordination and Funding land. freehold and townsites reserves, outside remains land Kimberley of 421,451km of amount enormous the that out pointed Kneebone Peter 2 representatives., Department Roads Main and Council of Seminar the from absence the by disturbed but locals, knowledgeable and academics of mixture the see to glad was Kneebone Peter Kneebone Peter - System Reserves the Outside Sites Important Most the Conserving 2.8 2.9 Tourism and Aboriginal Heritage- Clive Senior Laurie O'Meara presented asummary of Clive Senior's Progress Report.

Tourism in the Kimberley hasgrown for several reasons. Firstly, the increasing international attraction ofAustralia and the Kimberley Region has been boosted by films, and by the devaluation of the Australian dollar. Secondly,sealing of the Great Northern Highway between Fitzroy Crossingand Halls Creek has led to a traffic increase estimatedas being in the order of 600. Thirdly, therehasbeen a growth of the4WD adventure holiday.

Tourism is growing so rapidlythat 1986 figuresare 'old'. However, to give some perspective, therewere an estimated 87- 91,000 overnight visitors, withan average stay of 3.5 nights, making a total of 315,000 visitor nights.Day trippers during 1986 were 70-80,000.

The objective of Clive Senior's study is :

'the development of a strategy forthe management of tourism to regularise and minimise the impacton Aboriginal people and their culture and for involvement ofAboriginal people in the management process with emphasison the Kimberley Region'.

The study brief is :

1. To ascertain the major areas of Aboriginalconcern regarding visitation of sites.

2. To assess the impact of tourismon sites and culture.

3. To establish the need for protection and conservation procedures for sites affected by tourism.

4. Torecordanddocument currentAboriginalattitudesto tourism.

5. To determine what involvement, ifany, Aboriginals want to have in tourism.

6. To report on the operation of the NorthernTerritory Tourist Commission's AboriginalLiaison Officer and assess the suitability of the establishment ofa similar position in the Kimberley.

7. To suggest ways in which the perceptionof Aboriginal people and their cultureby tourists and tour operatorsmay be improved.

-13- -14-

position. Commission Tourism Territory Northern the to similar Kimberley, the for appointed be manager liaison Aboriginal an that is study the of out come already has which recommendation One tourists. of influx the by made resources on demand extra the and communities Aboriginal into intrusion tourist about expressed was Concern damaged. been have which areas specific few identified study the but areas, sacred of abuse about expressed been has Concern think. might promoters the as tourists the to important as be not may promoters) tourist by presented form the (in experiences Cultural

distrust. to lead may This great. not is tourists the and people Aboriginal between communication of level the increasing, is contact tourist Although

thinkers. 'new' and thinkers traditional are there is, That differences. are there themselves, communities the within that fact the highlighted has study The manner. predictable any in not but true, is this that shown has study The perceptions. different have might groups Aboriginal different that expected be to was It

year. this of end the by Minister the with be will study the on report a that anticipated is It September. of end the by completed be will but extensive, been has study the for Fieldwork

Sites. Aboriginal of Registrar the of chairmanship the under established been has Committee Steering A

culture. and sites Aboriginal to relation in Region Kimberley the for plan management a prepare To 8. 2.10 The Role of Aboriginal Communities in ParkManagement - Phillip Toyne

Phillip Toyne made the point that Aboriginalpeople have lived successfully and presumably in harmony with their environmentfor millennia. Their breadth of experience far exceedsthe European experience of only 200 years.

National parks in the Northern Territory,e.g. Uluru, are moving towards the concept ofcultural parks.Aboriginal people are involved in preparation of management plans and their implementation. Certain activities have been containedon both sides to accommodate conflicting interests. Thisform of power- sharing is looked upon as a model by NorthAmericans and should be adopted in the Kimberley Region.

Aboriginal people benefit by maintaining theirtraditional values and culturallinks withtheir land. They derive incomefrom ranger wages and also 'rental' from the Government. In addition, they have the opportunity to be experts inan area where they have extraordinary knowledge (flora, fauna, layout of the country).

Europeans benefit by obtaining insight into theway Aboriginal people relate to country and therefore enjoya richer visitor experiencein the park. Furthermore, visitor informationabout Aboriginal customs and sites of significancewill be accurate rather than preposterous versions. They alsoreap benefits from the outstanding valuable management tool availablein Aboriginal peoples' knowledge.

PhillipToynecharged theWestern Australian Government and European population withthe task ofexamining the Northern Territory models and the benefits which flow from joint management. Existing deep seated hostility andmisapprehensions would be alleviated. It is vital thatWestern Australian people accept that Aboriginal people canplay a positive role in management.Rejection of ajoint management boardfor Bungle Bungle National Park is short sighted anddisappointing. Joint management ofparks is an extraordinary exampleof how race relations in Australia can be conductedon a mutually beneficial basis. Time is running out in the Kimberley for such arrangements. The longer dispossession lasts, theharder it is for Aboriginal people to maintaina meaningful link with their country.

-15-- -16-

country. the of understanding deep and heritage knowledge own their on pass and them educate to want sincerely They Europeans. dislike not do people Aboriginal reserves. land to and coastline Kimberley northern the to extended be should employment of type This Point. Arm One at C.A.L.M.) (under positions ranger maritime hold already They positions. management in people Aboriginal involve to necessity strong a is There

them. with discussed be should This hunt. to people Aboriginal of rights traditional the limit may parks National tourists. by access uncontrolled allow mining for built Roads sites. Aboriginal destroy can roads of building and sampling drilling, then viewpoint, Aboriginal the understand not do Europeans if However, activities. these of any to averse automatically not are They people. Aboriginal by land the of use upon impinge all parks national and mining Tourism,

hands. own their into matters take to wish now They them. to available made been has funding or assistance no but return to wanted have they time some For since. holidays for returned only have and 1940's the in lands their left Plateau Mitchell the of people The people. Aboriginal of concerns and aspirations of unaware be to appears but Returns, Homeland supports Government State The

discussed. being land any of custodians traditional the identifying first by people Aboriginal right the consult they ensure must Europeans rectified. urgently be to needs communication and consultation of lack This environment. the of operation the and significance of sites culture, Aboriginal of elements about informed incompletely are Europeans hand other the On why. or going are rigs drill where know not do The Europeans. by undertaken exploration and mapping of, results or behind, purpose the of unaware are people Aboriginal Other Park. National a as vested is land their know not do Park National River Drysdale of custodians Traditional sides. both on knowledge of lack in resulted has this that explained Green Nick minimal. was reserves existing of establishment the to prior people Aboriginal with Consultation

Green Nick - Sites and Lands Aboriginal 2.11 2.12 World Heritage Listing - Phillip Toyne World Heritage Listing is part of a United Nations Treaty signed by Australia under the Whitlam Labor Government. It isone method by which the natural and cultural assets of the worldmay be preserved. A committee meets once a year to consider proposals from around the world. Assessors from the International Union for Conservation of Nature and Natural Resources (I.U.C.N.) then examine places nominated, basing suitabilityon a set of criteria which state the place must:

(i) be an outstanding example representing the major stages of the earth's evolutionary history;

(ii) be an outstanding example representing significant ongoing geological processes and biological evolution and man's interaction with his natural environment;

(iii) contain unique, rare or superlativenaturalphenomena, formations or features orareasofexceptional natural beauty; or

(iv) be a habitat wherepopulations of rare or endangered species of plants or animals still survive.

To qualify, an area needs to comply with only one criteria.So far, 75 natural areas have been entered into the Register. Five are in Australia. Another four Australian sites will be nominated in the next two years, and the Kimberley Region should also be considered.

World Heritage Listing obligesthe Commonwealth Government to offer formal protection from degradation. Substantial fundingfor research and management is normally provided. Itis wrong to assume land is locked up. Once an area becomes internationally significant, it becomes more economically valuable because itis sought after as a tourist destination.

-17- 3.0 PARTICIPANTS° INPUT TO ENVIRONMENTAL AND ABORIGINAL CONSERVATION ISSUES Information emanating from workshop group discussions has been incorporated under the topics of global importance, conservation of the Kimberley environment (formal and informal), management of the environment, Aboriginal participation, and funding/resources.

3.1 Global Importance

The uniqueness and importance of the Kimberley Region's environment was highlighted throughout the whole weekend. A most deeply felt concern was that when Kimberley conservation areas are proposed and established, consideration must go beyondthe local viewpoint to include statewide, national and international perspectives.

3.1.1 World Heritage Listing

The Swiss office of the I.U.C.N., which investigatesWorld Heritage Nominations, recognises the global importance of the Kimberley Region and regards it asa potential area for World Heritage Listing.

The tentative area suggested for World Heritage Listing encompasses Walcott Inlet, Prince Regent River, Mitchell Plateau and Cape Londonderry. Participantsfelt the Government should assess World Heritage Listing potential.

3.1.2 International Treaty for Wader Birds Community participants felt that the Australian Government should be called upon to fulfil its responsibilities as a signatory to the International Treaty for Wader Birds, by recognising that Roebuck Bay and the Eighty Mile Beach needed protective status.

-18- -19-

cited. was land of use versus single multiple of issue The Kimberley. the in appropriate necessarily not is Australia Western west south for appropriate legislatively is What planned. and/or clarified be must accessibility and tenure ownership, land all for framework The

to access others. restricted only permit and areas some to access general allow should Parks National in Zonation others. in clarified and areas some in restricted be to needs reserves to Access

boundaries. cadastral follow to maps on ruled simply than rather crestlines, as such landmarks, physical rational, on based are so they that planned be should parks and reserves of Boundaries

Region. Kimberley unique the to specific strategies and philosophies conservation of framework a into fit should Planning wants. else no-one areas land of residual simply not planned, be to need parks and Reserves

Planned

representative. and secure planned, be to needs reserves system The system. a for prerequisites several suggested Participants

priority. high given be should rainforests and Wetlands

areas. wilderness of Establishment (iv)

fauna; flora, geology, of Uniqueness (iii)

fauna; flora, geology, of representative Areas (ii)

access; of ease and concentrations urban of proximity including threat, of Degree (i)

: include should reserves declaring when considered be to priorities that suggested groups Working

clear. be should parks national and reserves nature between distinctions of Definition conservation. of method formal the is system reserves The

System) (Reserve Conservation Formal 3.2.1 measures. conservation informal and formal both for need a is there environment, Kimberley the of importance and uniqueness the Given

Environment Kimberley the of Conservation 3.2 Secure Community members pointed out that security of reserves was far from assured. The Conservation and Land Management Act (1984) can be overridden by most other Acts includingthe Mining Act. There isa need to address legislative imbalance in order, to provide secure reserves. Areas deemed tobe under immediate threat should be provided interim protection by a 'rapid action' technique.This would allow time for assessment and the setting of priorities.

Representative C.A.L.M. guidelines in selecting reserves include

(i) Selection of representative areas; and

(ii) Protection of unique areas. Existing reserves are not fully representative of the Kimberley landforms and biota. For example, it is now a well known fact that the spectacularBungleBungle massif was omittedfrom initial reserve recommendations. There is a need to ensure that maximumbiologicaldiversity is conserved. Members of the working groups identified deficiencies in coastal, littoral reef and islandreserves. Inaddition, it wasnoted that some vegetation associations were poorly represented and that some reserves were too smallto support viable populations of the fauna for which they had initially been reserved. Workshop groups on the topic of System 7 update suggested areas for consideration as extensions of, or additions to, reserves and parks. Priorities were difficult to identify,so unanimity was not achieved.However,there was consensus about areas which should be considered. The entire Kimberley coastline should be considered, with particular regard given to adjacent islands, Rowley Shoals, Scott Reef and King George Falls. Roebuck Bay should be extended to coverDampierPeninsulaand link up with proposed MandoraReserve by including 80 Mile Beach, Roebuck Plains and Thangoo Plains. These latter are feeding and roosting areas for wader birds. The vine thicket/remnant rainforest behind Cable Beach is of immediate concern. This forest occurs in patches between Gantheaume Point and Coulomb Point,is the most southern occurrence of vine thicket in Western Australia, and contains endemic species.

-20-- -21-

boundaries. pastoral to alignment sympathetic more need may It heavy. is traffic tourism where Gorges, Road River Gibb

birdlife. by used are works irrigation where Creek, Uralt areas. breeding fish protect will This Bridge. Willare including mouth, the to Anderson Mt. from banks River Fitzroy

bandicoot. long-eared the of habitat the include to extended be should Point Coulomb

Gorge. Tree Cabbage

habitat. bird a as importance of are lake water fresh and site station Munkayarra

tourists. of volume control to advantage to used be could This difficult. and limited is Access people. Aboriginal to significance of sites and paintings contain gorges and Pools built. is Dam Gorge Diamond if flooded be will Gorge Diamond of east Pocket, Paddy's

interest. scenic of habitat desert arid is Creek, Christmas of west Range, Millyit

protection. require urgently Lake the into River Ord of mouths and Argyle Lake of coast East

Spring. Logue

Gorge. Lennard

Range. George St.

Gorge. Packsaddle

Area. Regeneration River Ord of part include to south and area Range Osmond include to north extended be should Park National Bungle Bungle

Gregory. Lake

Ranges. Napier - Oscar

Range. Leopold King

too. included be to need areas woodland Livistonia River. Lawley and River Mitchell between areas those joining communities palm lateritic include should Plateau Mitchell Phillips Range.

Prince Regent River catchment.

Phanerozoicriver flats (Gogo, Cherrabun and Christmas Creek areas).

Edgar Range.

Cone Bay.

3.2.2 Informal Conservation (Outside Reserves)

Land managementandconservation ethics/techniques shouldbe extended beyond reservations toallother landuses suchas pastoralism, mining and tourism e.g.the'Kimberley Explorer' venture. Working group members first looked at the need for informal conservation of land outside reserves, and then at some mechanisms by which this could be achieved.

Need

(1) Reserves cannot exist in isolation. The buffer zones between reserves and adjoining areas need to be managed.

(ii) Areas outside reserves have their own economic value which must be protected e.g. pastoral leases. (iii) Unreserved areas have attractions for visitors and local people. This can reduce pressures on reserves. Expansion of towns may cause degradation of the environment. The threat to vine thickets near Broome was given as an example. Other susceptible areasin close proximity to settlements are over-used due to lack of control over access.

The impact of traffic on theenvironment alsoneeds to be considered.

Mechanisms

Holders oflandadjacentto reservesshould, asa matter of priority, be encouraged to follow conservation practices in-line with those in the reserves. This would assist with reduction of management costs.

-22- -23-

necessary. be may penalties of imposition and control bureaucratic long-term, the in However, regulation. Government to preferable is regulation Self

Service. Energy State and Service Doctor Flying Royal Norforce, as such agencies of network a and groups volunteer rangers, honorary by areas of protection

areas; fragile from away visitors steer to nodes developed specifically within camping of containment

tours; guided

areas; sensitive environmentally to access limit would which system permit a

Code'; 'Kimberley the regarding public the educating and issues conservation outlining pamphlet a of distribution

include: reserves outside areas protecting of methods Other consideration. into taken be could sites of protection others, and developers Councils, to available were information of register a such If advocated. was Register, Heritage Kimberley a as such register, a of idea The

established. be should site camping overnight or only day a as use for Capacity etc). habitat bird value, (scenic categorised be should sites identified, Once

considerable. be should groups local other and pastoral Aboriginal, through involvement community and government local but assist, could West North the and Development Regional of Department or (S.P.C.) Commission Planning State the Perhaps role. main C.A.L.M.'s not was this that felt others and co-ordinate should C.A.L.M. that felt Some system. reserve the outside are but conservation require which areas identify to initiative the take should who of raised was question The

process. planning the in participation public for provide which programmes community and school through be should communication and Education essential. is sense) broadest the (in needs conservation on public general the of education reserves, outside land protect To 3.3 Management of the Environment Once a system of conservation reserves is in place, theneed for management is always felt. Management plans must be put in place for all reserves and parks.

Problems

Problems requiring management include : feral animals (donkeys, cattle, cats, camels, pigs)

weed infestation

fire regimes

litter soil erosion and degradation. Soil erosion and soil degradation with relation to pastoralism, animal trampling and recreation, was discussed as a consequence of Richard Davies' talk. Davies' paper was criticised on two counts. First because the factual information was not up to date and secondly because the area of land severely degraded by pastoralactivities was made to appear more substantial than it actually is. Furthermore, pastoralists will take advantage of any fencing incentive provided to help fence off river systems. Many of the present degradation problems stem from historical inheritances. Some are being rectified to allow regeneration of pasture, and to improve productivity and returns. The Chairman pointed out that pastoralismis being discussed separately. Herequested that discussion depart from that topic and address the Seminar's set topics of conservation and reserves. Trampling of riverine/wetland habitats and seedlings by domestic, feral and native animals isa recognised problem. The impact needs to be minimised because rivers are the lifeblood of the country, encourage high speciation and permit the existence of endemic species. One conservationpriority in the Kimberley should be protection of the rivers. Damage caused by recreationalists was highlighted as an areaof concern e.g., along the lower reaches ofFitzroy River. It should be stemmed.

-24- -25-

available. made be should information of variety greater a addition, In reserves. and parks the in just not points, key at information interpretive to access have must region the to Visitors

redressed. be should deficiency this felt Participants environment. the on tourism of effects the study to undertaken been has EIS no date, To industry. tourism the by marketed strongly being is Kimberley The industry. new any of establishment the to prior EIS an undertake to procedure normal is it days These supported. was for EIS, or tourism Study, Impact Environmental an of idea The ranger. a half than funds of use beneficial more a be would sites particular those to going are they why and sites what visiting are people many how ascertain to study impact tourism a believed participants Some

tourism. of impacts social the also but etc.) biological resources, (water management and conservation only not cover to board, the across right be should Research continued. or initiated either be to needs aspects many into Research tool. management a is Research

areas. wilderness restricted and recreation, for accessible easily areas use, multiple of areas include should provided Zones discussed.' was reserves within Zonation rangers. more park of provision the was suggested solution management One

Solutions

accessible. site remotest the even make vehicles, 4WD of availability ready the with combined determination, their places 'secret' discovered have tourists Once tourism. and activities, recreational of growth unrestricted associated its with expansion urban exploration, and mining pastoralism, are problems environmental these of agents causative as pinpointed activities Some

Causes

reserves. of management proper the and tourism of promotion the between imbalance an is there (ii)

and responsibility; this has already Museum W.A. when sites Aboriginal own of register' its up set to tried Parks National (i)

example: For necessary. certainly is Departments Government between communication Greater changes. structural require may institutions Government Some problem. management a as was raised also bodies Government by action co-ordinated of lack management, requiring problems environmental physical from Apart It was noted that over-emphasis on people management,to the detrimentof biological management,must be guarded against. Management plans and funding must be all-encompassing rather than addressing just those ad hoc areas currently used by tourists. Prior to the establishment of management plans, there is a need for specific biological studiesto identify species and thus ensure maximum diversity is conserved. Appropriate fire regimes and methods to control feral animals and weeds must be suggested.

Potential for conflict during management arises when, for example:

(i) Aerial baiting to control feral animals may have an adverse impact upon native fauna; or

(ii) Pastoralists'desire toeliminate dingosconflicts with C.A.L.M. objectives.

Some alternative management suggestions were the use of biological control for feral animals and weeds; round-up of goats by Aboriginal people or contract shooting of feral animals (funds insufficient for this); solar powered electric fencing.

Potential sources of additional management assistance, as distinct from funding, are : Establishment of formal structure to identify the role of Aboriginal people in management. Such a role could involve company management; living leases adjacent to remote reserves; use of Aboriginal people's time and their knowledge of traditional conservation techniques. Co-operation between Government bodies such as C.A.L.M., Bushfire Board, Agricultural Protection Board,Fisheries and Tourism could prevent duplication of management effort and also reduce tourist impacts on certain areas. Pastoralists are willing to be involved in maintenance and perhaps guided tours(to prevent unsupervised damage) but would need to recoup costs. Local people and interested tourists could be co-opted to assist.For example, avoluntary 'Friendsof the Park' could work on nature trails and aid with clean ups, although Councils would need to co-ordinate the operation. Navy/Coastwatch system could report to C.A.L.M. regarding marine reserves.

-26- -27-

meeting. bush Aboriginal the suit to : meeting formal 1 1 European the from Adapted (i)

: be should Consultation importance. paramount of is custodians Aboriginal traditional with consultation that concluded participants However, inconclusive. were account into taken was view of point people's Aboriginal the not or whether about Discussions

time. more with overcome be could This them. around people their of range full the without speaking about difficulties some have people Aboriginal Study. Kimberley the in Group Working Aboriginal an include to be would improved be could communication which by avenue One people. local the represent organisations Aboriginal all Not involved. actually communities and people Aboriginal with directly deal to essential is it that reconfirmed was It management. to menial from levels, all at society modern in participate must people Aboriginal that felt They all. at objection no had Seminar the at present landholders oppose involvement, Aboriginal Europeans that comment Toyne's Phillip to Contrary

Territory. Northern the as well as Australia South in occurring is but Australia, Western in new is groups Aboriginal with consulting and working groups conservation or concept The

consultation of Type

know. not do They planned. being and on going is what know to need they land, the of custodians traditional are they because else, all Above land. flat is it now and hill beautiful a was Diamond Argyle example, anymore. For land their like look not does land The feelings. Aboriginal hurting and animals destroying earth, the up digging are Europeans away. locked are kangaroos and emus Instead, land. the of ways the them teach and back children their take to want They food. and water about know and land, the for feel They lands. traditional their in are roots Their themselves. by back moving start to decided have they help, to anyone or Government the for waiting of years and years After time. long a for country their in lived not have They kept. not were promises These return. in houses and land promised were and companies mining in men white assisted have They friendly. be should people white and people Aboriginal the believe They views. their presented them of many meeting, of style European the with unfamiliarity Despite present. were Park, National River Drysdale the and Plateau Mitchell the of custodians traditional were who people Aboriginal

Participation Aboriginal 3.4 (ii) With the right Aboriginal people. Tribal boundaries need to be identified. To facilitate effective Aboriginal representation, a register of traditional custodians must be established. The need for this was strongly felt.

(iii) Across the board, covering this KimberleyRegion Planning Study, E.P.A.'s revisionof the System 7 Report, the gazetting and management of reserves andparks and other conservationand mining activities. To permit this, a formalised consultation framework should beestablished. The Aboriginal people should have majority or equal say during such consultation.

Consultation at planning/decision-making level

Aboriginal people's input into management strategies has been ad hoc and only by invitation. A formal structure should be established to allow consideration of their aspirations during formulation of management plans. Early consultation with Aboriginal people would utilise their enormous fund of implicit conservation knowledge.

Following Nick Green's presentation,several Aboriginal people made further comments pertinent to land use decision-making. They want to return to their own land for two reasons. First, someone needs to guard their land and its sacred sites. Second, they are trespassing on other people's land. They feel it is a shame to live on other people's land. Their land was given them by their ancestors. From the depths of their hearts they want Europeans to understand how important it is for them to live where they were born.

Excisions of land from pastoral leases are only temporary measures for Aboriginal people. They are too small for a living and Aboriginals are unable to develop independence. Furthermore, excisions normally do not cover a full range of sites. Aboriginal people would like to return to their lands, but the Land Rights spectre' needs to be overcome. Consultation at ongoing management level There was a response to Toyne's comment that the Conservation Council of Western Australia was itself critical of Aboriginal peoples' ongoing involvement in parks. It was suggested that the Conservation Council would now be likely to bein line with Toyne's ideas if its position were reassessed. Hostilityon the part of the general community in the Kimberley did not exist before 1960;it has been perpetuated by misquotations in press reports.

-28- -29-

essential. is programmes C.A.L.M.'s of implementation for and interests Aboriginal into research for funding However, problem. perennial a is foregoing the all for Funding

independence. financial people's Aboriginal with assist and/or roads of upkeep the for pay could Fees canvassed. be to needs parks' 'paying of idea The permit. a for need the of tourists inform should signs information and Bureaus Tourist centres. urban in available be should Permits reserves. Aboriginal to entry for system permit a of establishment the be would control tourist achieving of method One

safety. own their for also and intrude not do they that so managed be then could Tourists identified. be should Region Kimberley the throughout significance of sites Aboriginal employed. are rangers Aboriginal when account into taken be should this and Europeans, of those from different are cycles work Aboriginal However, useful. be would services these for Payment controlled. be can tourists 2-3,000 the that so park the run and manage should people Aboriginal The destroyed. were Park National River Drysdale in sites important some year Last

service. transport agency a and supply and distributorship Ampol an included These council. Aboriginal an by run ventures commercial successful numerous cite to able was delegate Another expenditure. for accountable fact in was Service Parks Territory Northern the decision-making, management joint in involved was funding of discussion although that explained Toyne communication. or with difficulties opportunity of lack to due either finances, of handling the in track-record no have people Aboriginal parks. of management financial the regarding arose query A

animals. protected hunt fact in can who of question the resolve and food gathering of methods modern versus traditional in interests their balance would people Aboriginal with consultation Continued tap'. 'on expertise and knowledge have would C.A.L.M. mean that would bodies management Joint control. fragmenting in point no is there but C.A.L.M., than other authority an be could body European The reserves. some for considered be C.A.L.M. and people Aboriginal or bodies Government either between management and vesting joint that suggested was it communities, European and Aboriginal both to important are Parks National Because

rangers. of provision and management with Europeans assisting as well as autonomy people's Aboriginal with assist would lands traditional their to Return

level. ranger at and management ongoing in involved be should They reserves. and parks in play to role a have Aboriginals that believed Participants Representatives of C.A.L.M. and othergovernmentdepartments indicated that they are vitally interested in what Aboriginal people have to say; Last year, C.A.L.M. conducted its first Aboriginal Ranger Training Programme, in the Pilbara Region, for four rangers with traditional affiliations with Millstream/Chichester and Hamersley Range National Park. A number of other training programmes are ready to proceed, including in the Kimberley Region. Training personnel are fully committed, but other interested communities are encouraged to approach C.A.L.M. to see if they can be included in subsequent training.

-30- -31-

tax; departure to added be to travellers, international on Levy

Canada; Alberta, Edmonton, in operating that to similar Fund Heritage a of establishment The

tax; fuel Broadbased

registration; car or purchase vehicle of time at Levies pays; User

conservation; to income on tax the 'donate' to forms taxation on Provision

alternative); advisable an (not purposes conservation for Australians, all on extra, 1% of Taxes

voluntary); and/or tax (direct Corporate

politicians; to demonstrated been have conservation of values social and economic the once funds State of Reallocation

Listing; Heritage World from emanating funds Federal

be: could funding additional of Sources framework. an administrative require would authorities local through it rerouting and finance of collection However, discounted. be not should pay to public the of willingness The broadbased. be to needs Funding

considered. be to needs maintenance and construction road for pay should who of issue The quantified. be to need costs engineering Road was required. Government W.A. the from commitment greater felt Many

Australia. of parts other with compared when underfunded is Australia Western management. and research biological and people both for resources of lack is problem management fundamental the Namely, conclusion. initial same the came to separately groups working four All emergency. and safety fencing, accountability, environment, education, employment, as monitoring, such areas attack and surface 'glossy' the beyond ,get to order in importance crucial of is funding Sufficient exorbitant. is reserves protected adequately create to required Funding

Funding/Resources 3.5 Local airport tax;

Private funding; Tourist operations on a concessional basis; Franchising of campsites allowing the charging of fees'for camping. Thismay notbe popular, butmay helplimit numbers; Reduction of management costs by educating the public.

-32- Standing Committee on Estimates and Financial Operations 2011/11 ANNUAL ESTIMATES HEARING DEPARTMENT OF STATE DEVELOPMENT HELD ON THURSDAY 7 NOVEMBER 2011 SUPPLEMENTARYINFORMATION

Supplementary Information NO A7: HON ROBIN CHAPPLE MLC Asked-

In relation to the Aboriginal song cycle at James Price Point at what point did the Department of State Development become aware of the WA Museum's July 1991 report of the ethnographic survey of exploration applications E04/645 and E04/647, which determined the area was an Aboriginal protected area?

Answer

The Department of State Development first became aware of the existence of the 1991 Department of Aboriginal Sites report in August 2010. This was a result of a "passing" reference made to it in a Kimberley Land Council report to the Browse LNG Precinct Strategic Assessment. Government of Western Australia Department of Indigenous Affairs

ENQUIRIES: dames Cook- Ph 9235 8108

OUR REF: 1110576

YOUR REF:

Chief Executive Officer Wdodside Energy Ltd Woodside Plaza 240.St Georges Terrace PERTH WA 6000

Dear.

JAMES PRICE POINT DEVELOPMENT PRECINT GROUND CLEARANCE ACTIVITIES

Ithascome to the attention of the Department of Indigenous Affairs, that contractors purportedly working under your directioninthe -James PricePoint (JPP) development precinct may be undertaking activities in an Aboriginal site without authorisation of the Registrar of Aboriginal Sites(Registrar). or Minister for Indigenous Affairs (Minister) under the Aboriginal Heritage Act 1972 (MA).

Section 17 AHA makes it an offence for a person to excavate, destroy, damage, conceal or in any way alter any Aboriginal site without authorisation of the Registrar under section 16 or the consent of the Minister under Section 18.

Officers of the Department of indigenous Affairs have been conducting a range of compliance and recording activities In the JPP precinct in recent weeks. Whilst conducting their dunes, officers identified a place to which section 5 of the AHA may apply. In accordance with section 15 of the AHA officers are now under a duty to report its existence to the Registrar and if deemed necessary a police officer.

The Department understands itsofficers alerted Woodside contractors to the existence of the Aboriginal site in the area where Woodside is Ourrentlycenducting ground clearance work. We understand DIA advised Woodside contractors that DIA identified what has the potential to be a registered site and that by continuing to clear the area there is the potential to commit an offence under section 17 of the AHA.

lel Floor, 197 St Georges Terrace, Perth, Western Australia 6000 PO Box 7770, Cloisters Square, Perth, Western Australia 6058 Telephone (OD) 9235 8000 Facsimile (OD) 0235 NM wv.vidia wa.gouait wa,gov.au The Department understands that Woodside contractors held a telephone discussion with Woodside and were instructed to continue work.

In accordance With section 51 AHA We reqUeSt Woodside and any employee Or contractor acting under its direction to immediately cease carrying out any ground disturbande activities th the vicinity of the identified Aboriginal site until Departmental officers can properly examine the Aboriginal site and provide a report to the Registrar. Any further obstruction of officers acting in execution of this Act may Constitute an offence under Section 54 of theAHA.

We request that Woodside furnish the Department with copies of any authorisations that may have been issued toWoedside or its contractors that authorise activities on the land that would otherwise breach the Al-IA.

Yours Siemer (y

4Ja s Cook $nCompliance Officer

July2011

Co Jo Franz, Director Heritage &. Culture Branch co Dr Kathryn Przywolnik, Registrar of Aboriginal sites

2 LEGISLATIVE COUNCIL Question on notice 11 SEP ,,

Tuesday, 14 August 2012

5800. Hon Robin Chapple to the Minister for Indigenous Affairs.

I refer to administration of the Aboriginal Heritage Act 1972, and ask--

(1) How many staff and executive members are in the Heritage section of the Department of Indigenous Affairs (DIA)?

(2) What are the names, roles and responsibilities of the various staff and executive members in the Heritage section of DIA?

(3) How long have the individuals identified in answer to (2) been employed by DIA?

(4) Have any of these members of staff or executive come from other government agencies?

(5) If yes to (4) --

(a) what are the names of these staff and executive members; and

(b) from which agency or government department did they come?

Answer

(1) There are 41 staff in the Heritage section, one of whom is executive.

(2) - (3) [Tabled Paper No.]

(4) - (5) The filling of positions within the Department of Indigenous Affairs (DIA) is undertaken in accordance with the Public Sector Commission's recruitment process. Previous employment is considered as part of the recruitment process. As copies of resumes are not retained and there is no data collection of previous work history, DIA does not have access to details required to be able to accurately provide specific information relating to each individual staff member's previous work history.

Minister for Indigenous Affairs LC QoN 5800 -2,./t/cov [Tabled Paper No]

Date of Name Title Joining

1 Aaron Rayner Chief Heritage Officer 15/11/2010

2 Laura Gladstone Senior Project Officer 26/11/2007

3 Christine Bolton Heritage Project Officer 30/07/2007

4 Alex Rorrison Senior Legal Officer 22/08/2011

5 Julieta Abella Senior Policy Officer 25/01/1999

Director Heritage 6 Rhys George 25/05/2012 Initiatives .

7 Elaine Cunnington Administrative Assistant 20/04/2010

Manager Heritage & 8 Tanya Butler 15/03/1999 Family History

9 Christine Lewis Manager Heritage South 8/10/2007

10 Jeremy Elliott Manager Heritage North 22/11/1999

Aboriginal History 11 Chris Owen 31/10/2011 Research Officer

Heritage Information 12 Nerida Haynes 22/11/2011 Officer

13 Sally McGann Senior Heritage Officer 17/06/2008

14 Shaye Hayden Heritgage Project Officer 27/04/2005

15 Lucy Tarrant Heritage Project Officer 17/01/2000

Heritage Catalogue 16 Linda Oliver 2/09/2002 Officer

17 Aidan Ash Senior Heritage Officer 6/10/2011

18 Robert Brock Senior Heritage Officer 16/09/2002

19 Leeann Morrison Heritage Information 29/11/2010 Officer

20 Simon Keenan Senior Heritage Officer 17/03/2008

21 Cesar Rodriguez Senior Project Officer 10/01/2005

Rebecca Heritage Assessment 22 6/09/1999 Bairnsfather -Scott Officer

23 Zafrin Ahmed Heritage Mapping Officer 3/03/2008

24 Robert Reynolds Senior Heritage Officer 23/12/1987

25 Ryan Crawford Senior Heritage Officer 7/10/2009

Heritage Information 26 Lyndall Ford 14/06/2010 Officer

Merindah 27 Bairnsfather-Scott Heritage Mapping Officer 6/12/2006

28 Megan Mc Corry Senior Heritage Officer 4/08/2005

29 Jacqueline Bradley Project Officer Geraldton 7/04/2008

30 Julie Cobb Project Officer Broome 2/03/1998

31 Harley Coyne Project Officer Albany 6/07/2005

32 James Cook Senior Compliance Officer 16/06/2011

33 Anneka Bunt Compliance Officer 1/07/2011

Project Officer Port 34 George Pitt 28/07/2008 Hedland

35 Ceonie Clinch Project Officer Kalgoorlie 1/02/2006

Aboriginal History 36 Mark Chambers 4/03/2008 Research Officer

37 Khyla Narrier School Based Trainee 2/04/2012

38 Warren Mitchell Senior Heritage Officer 21/05/2012

Heritage Assessment 39 Patricia Ryder 7/05/2012 Officer Registrar of Aboriginal 40 Kathryn Przywolnik 30/07/2007 Sites

Director Policy and 41 Maryie Platt 27/08/2012 Reform 1(7

Julieta Abella

From: Rebecca Bairnsfather-Scott 12: ic17 Sent: Friday, 17 June 2011 10:14 AM To: Julieta Abella T.) Subject: James Price Point.docx '4- Attachments: James Price Point.docx

Hello

This is the brief that was sent some time ago.

Beck Government of Western Australia Department of indigenous Affairs File note FILE NUMBER: SUBJECT: JAMES PRICE POINT DATE: 12/01/2009

The following information has been prepared in response to a request from theDepartment of State Development for Aboriginal heritage sites regjstered with the Departmentof Indigenous Affairs along a 10km investigation corridor in the vicinity of James Price Point.

Site Information:

12424 KULMUGARIGUN K02780 CLAYPAN, Open Interim Mythological, Water Source Insufficient Information

12427 PIDIRAKUNDJUNU CREEK K02783. Open Interim Camp Insufficient Information

12684 INBALLAL KARNBOR K02620 Open Lodged Ceremonial, Mythological Camp, Hunting Place, Water Source, [Other: Part of Failed PA139.]

12899 KULMUKARAKUN JUNO2 K02305 Open Lodged Artefacts / Scatter, Midden / Scatter

12900 NGARRIMARRAN JUNO QUARRY K02306 Open Lodged Quarry, Artefacts /Scatter

12901 MURRDUDUN Mythological, K02307 Open Lodged Artefacts / Scatter, Midden / Scatter [Other: Part of Failed PA 139.]

12902 KUNDANDU IK02308 Closed Permanent Mythological, Artefacts / Scatter, Midden / Scatter Camp, Water [Other: Part of failed PA 139.] 85 a, b & 39.2 a, b, c

12944 KURAKARAMUNJUNO K022981. Open Permanent Artefacts / Scatter, Midden / Scatter Camp S5 a, c & 39.2 c

12945 KURAKARAMUNJUNO K02299 2. Open Permanent Artefacts / Scatter, Midden / Scatter Camp S5 a, c & 39.2 c

12946 KURAKARAMUNJUNO K02300 3. Open Permanent Artefacts / Scatter, Midden / Scatter S5 a & 39.2 c

12947 KURAKARAMUNJUNO K02301 4. Open Permanent Artefacts / Scatter, Midden / Scatter Camp, Water Source S5 a,c&39.2 b,c

12948 FLAT ROCK 1. K02302 Open Permanent Artefacts / Scatter Midden / Scatter S5 a & 39.2 c

12949 FLAT ROCK 2. 0, K02303 Open Permanent Artefacts / Scatter Midden / Scatter 55 a & 39.2 c

12950 KULMUKARAKUN JUNO K02304 1 Open Permanent Artefacts / Scatter, Midden / Scatter S5 a, c & 39.2 b, c l 13076 WALIV1ADAN (K02164 James Price Point) Closed Permanent. Skeletal material/Burial, Fish Trap, Artefacts / Scatter, Midden / Scatter Camp, Hunting Place, Water Source, [Other: Part of Failed PA 139.] S5 a & 39.2 a, b, c Categories of places listed on the Register of Aboriginal Sites.

Places reported to the Registrar of Aboriginal Sites go through an assessment process to determine whether the recorded information meets the terms of the Aboriginal Heritage Act 19 72 (AHA). The site status is the assessment outcome.

The Register has seven types of site status. These are:

L = Lodged Lodged with the Registrar, placed on the Register, not assessed I = Insufficient Information Lodged with Registrar, placed on Register, assessed as having insufficient information to complete an assessment within the terms of Section 5 of the AHA P = Permanent Lodged with Registrar, placed on Register, lodged information is assessed as meeting the terms of Section 5 of the ANA S = Stored Data Lodged with Registrar, placed on Register, lodged information is assessed as not meeting the terms of Section 5 of the AHA IR = Insufficient Information As assessed by Site Assessment Group* PR = Permanent Register As assessed by Site Assessment Group* SR = Stored Data As assessed by Site Assessment Group*

*Site Assessment Group (SAG)

Sites lodged with the Department are assessed under the direction of the Registrar of Aboriginal Sites. These are not to be considered the final assessment. Final assessment will be determined by the Aboriginal Cultural Material Committee (ACMC). Site spatial details:

SITE ID SITE NO SITE NAME RELIABILITY PIDIRAKUNDJUNU 12427 K02783 CREEK. Unreliable KULMUGARIGUN 12424 K02780 CLAYPAN. Reliable KURAKARAMUNJUNO 12945 K02299 2. Reliable 12949 K02303 FLAT ROCK 2, Reliable KURAKARAMUNJUNO 12947 K02301 4. Unreliable NGARRIMARRAN 12900 K02306 JUNO QUARRY Reliable KURAKARAMUNJUNO 12944 K02298 1, Reliable KULMUKARAKUN 12899 K02305 JUNO 2 Reliable

12903 K02309 MURRJAL. Reliable WALMADAN (James 13076 K02164. Price Point) Reliable

12948 K02302 FLAT ROCK 1. Reliable. KULMUKARAKUN 12950 K02304 JUNO 1 Reliable

12901 K02307 MURRDUDUN Unreliable

12684 K02520 INBALLAL KARNBOR. Reliable KURAKARAMUNJUNO 12946 K02300 3. Reliable

12426 K02782 MURTJUL CREEK unreliable 12902 K02308 KUNDANDU. Reliable Heritage Survey Reports:

Ethnographic and Archaeological Survey of Telecom Repeater Towers, R2, R3, R4, R5 Dampier land Peninsula. HSR WK 1984 AKE 102296

AuthorK. Akerman

Method 0100:

The survey was carried out between the 6 and 8 of November 1984. Sites were inspected by informants at Beagle Bay and Lombadina and an additional check was made in an interview with a knowledgeable Broome resident. In all cases the sites were deemed to be clear of any ethnographic significance.

Report of Investigations into the Disturbance of Aboriginal Site K2520, Inballal Karnbor, South of James Price Point. Feb. 1989. HSR WK 1989 KAL 18072

AuthorArpad Kalotas

Methodology:

This report relates to a site disturbance of site 12684 (K02520) Inballal Karnbor by Arpad Kalotas who investigated and interviewed the Aboriginal Traditional Owner along with Shire of Broome employees.

Report on a Survey for Aboriginal Sites on the Proposed Roadworks, Broome - Minari Road. March 1989. HSR WK 1989 OCO 17877

AuthorRory O'Connor.

MethodologV:

This survey was undertaken as a result of proposed roadworks on the Broome-Minari Road by the Shire of Broome. The objectives of the survey were:-

Assemble data from previous work in the region including information from WA Museum Aboriginal site files and previous reports. A sample survey of the project area. The location and recording of archaeological sites within the designated survey area. The archaeological survey should identify the effects of the proposed disturbance of the physical environment on any Aboriginal archaeologicalsites.Inrecognitionof the significance of this area to living Aboriginal people, consultations with Aboriginal identified as having an interest in the area were conducted byRory O'Connor in conjunction with the archaeological survey. A Management Report for the Lurujarri Heritage Trail, Broome, Western Australia. May 1989. HSR WK 1989 BRA17834

AuthorElizabeth Bradshaw.

Methodology:

This report presents the results of an archaeological investigation for Aboriginal sites conducted from 28 October to 12 November in the area extending along the Broome coastline from Bindingankuny in the north to Roebuck Bay Caravan Park in the south.

The purpose of the investigation was to develop a plan of management forAboriginal sites. This included the recording of the location, nature and boundaries of archaeologicalsites (primarily those of significance to Aboriginal people) along the trail.

Both the stretches between Bindingankuny and Rurrjaman and Coconut Well and Roebuck Bay Caravan Park were surveyed in their entirety on foot. Where the dunesbecame wider than 100 metres by ground was zigzagged or transacted at 50 metre intervals.

A Report of the Ethnographic Survey of Exploration Licence Applications E041645, E041646 & E041647 in the West Kimberley. Draft only. June 1991. HSR WK 1991 KLC102072

Author Kimberley Land Council Inc.

Methodology:

The survey was conducted by the author under an arrangement with the KLC.The report remains the property of the KLC.

During the period 18 March to 27 June (1991), combined or separate meetings wereheld held between the author, KLC representatives (KLC lawyer Mr M. O'Donnell andKLC Executive Director Mr P. Dodson) and Aboriginal people with an interest in the area of landcovered by the three exploration licence applications who are associated with the following corporations: Bardi Aborigines Association (One Arm Point); Lombadina Community; Djarinjin Aboriginal Corporation; Goolarabooloo Aboriginal Corporation; Yawuru Aboriginal Corporation; Nygah Nygah Aboriginal Corporation; 37

Bidyadanga Aboriginal Corporation; Kimberley Law and Culture Corporation; and, Mamabulanjin Aboriginal Corporation.

Other meetings were held principally with Aboriginal men whohave standing in the relevant customary law regarding the Song Cycle. Most of these men areassociated with one of the above corporations but acted independently, not as community representatives,in providing evidence to the author.

The author was based in Broome for the entire period and waslogistically supported by the Kimberley Law and Culture Corporation and the MamabulanjinAboriginal Corporation.

The survey was designed to define the clan estates within thethree exploration licence applications. Define who the traditional owners of the clan estates are.Define who the Aboriginal men with standing in customary law regarding the Song Cycle (and anyother ceremonies) are and to detail any knowledge as it applies to the areas ofland.

E04/646 and E04/647 were surveyed first. After the authorestablished which Aboriginal people had traditional knowledge about the land, preliminary visits weremade to define the exploration licence applications and to map the clan estates, detail the genealogiesand to visit particular features on the Song Cycle.

E04/645 was surveyed after the appropriate Aboriginal peoplewith traditional knowledge about the land had been located. Visits to the area defined theexploration licence application, mapped the clan estates and detailed the genealogies. As there were onlythree sites previously known to DAS in this area of the survey, effort was made to locateand record other ethnographic sites.

Fish-Capture Sites and the Maritime Economies of someKimberley Coastal Aboriginal Communities. Draft Final Report. June 1997.I-ISR WK 1997 SMI 102061

AuthorMoya Smith

Methodology:

This survey was the result of fieldwork programmeundertaken in 1996 1997 for the project Fish-Capture Sites and Maritime Economiesof some Kimberley Aboriginal Communities by Moya Smitth and carried out withthe assistance of funds made available by the Commonwealth of Australia under theNational Estates Grant Programme.

The financial assistance enabled Moya Smith toundertake an in-depth look at stone-wall fishtraps between the Eighty Mile Beach and RumbleBay.

The primary aim of the project and report was to identify, assessand document places of significance in the past and present maritime economiesof some coastal Kimberley Aboriginal people. Particular emphasis was given toplaces where Aboriginal people had constructed fishtraps and other places of significance inlocal fishing patterns. Form 59 Rule 29.02(1) Affidavit

No. WAD 6002 of 1998 Federal Court of Australia District Registry: Western Australia Division: General

RITA AUGUSTINE and Others on behalf of the Goolarabooloo Jabirr Jabirr People

Applicants

STATE OF WESTERN AUSTRALIA and others Respondents

Affidavit of: Alexander Douglas Rorrison Address: c/- State Solicitor's Office, Level 16, 141 St Georges Terrace, Perth, Western Australia Occupation: Solicitor Date: 12 June 2012

Contents

DocumentDetails Para Page number Affidavit of Alexander Douglas Rorrison in support of First Respondent's opposition to the application dated 7 June 1. 2012 (filed 5 June 2012) to discontinue the Native Title 1-5 1-4 Determination Application (Form 1) affirmed on 12 June 2012 Annexure "ADR1" being copy of Aliens' report of costs and 2. disbursements incurred by the Department of State 4 5-6 Development

Filed on behalf of (name & role of party) State of Western Australia, First Respondent Prepared by (name of person/lawyer) Miranda Paterson Law firm (if applicable) State Solicitor's Office Tel 9264_1183 Fax 9264 1812 Email [email protected] Address for service 141 St Georges Terrace (include state and postcode) Perth, Western Australia, 6000 [Form approved 01108/2011] 2

I, Alexander Douglas Rorrison, affirm:

1. I am the solicitor with principal conduct of native title issues related to the Browse

Liquefied Natural Gas (LNG) Precinct within the State Solicitor's Office (SSO). I

am authorised to make this affidavit on the First Respondent's behalf.

2. The facts contained in this affidavit are true and correct and are within my own

knowledge unless otherwise stated.

3. I have had conduct of the Browse LNG Precinct matters within SSO from

December 2008 to date.During that time, I have been directly involved in the

negotiationof the Heads of Agreement dated 21April 2009 (Heads of

Agreement), as well as negotiation and implementation of final agreements

contemplated by the Heads of Agreement.iIhave also been responsible for the engagement of Aliens (formerly Aliens Arthur Robinson) to represent and advise

the State of Western Australia and relevant departments and agencies on

instructions from SSO in the negotiation of agreements contemplated by the

Heads of Agreement.hat negotiation culminated in the execution of the Browse

LNG Precinct Project Agreement, the Browse LNG Precinct Regional Benefits

Agreement and the Browse (Land) Agreement on 30 June 2011 (Browse

Agreements). Alienshas an ongoing engagementinrelationtothe

implementation of the Browse Agreements.

4. On 11 June 2012 I requested Aliens to produce a report of total costs billed to the

Department of State Development (being the lead agency within Government

responsible for the establishment of the Browse LNG Precinct) in external legal

fees and disbursements related directly to the negotiation and implementation of

the Browse Agreements. On 12 June 2012, Aliens providedme with a report 3

which identifies the total costs and disbursements relating to the Browse LNG

Precinct raised by Aliens to date as $2,949,783,84. A copy of Aliens' report is

annexed to this affidavit and marked "ADRI".I am advised by Ms Robyn

Glindemann, Special Counsel with Aliens, that it is not possible within the time

available to produce a completely accurate report of total costs billed which relate

directly to the negotiation and implementation of the Browse Agreements. That is

because Aliens is also engaged on other matters relating to the Browse LNG

Precinct (for example commercial advice and agreements) and, at least before

October 2010, all time was recorded on the one matter file.I am advised by Ms

Robyn Glindemann that approximately $623,989 of the $976,340.60 billedup to October 2010 related directly to the negotiation and implementation of the

Browse Agreements.It follows that, of the total amount billed by Aliens to date

($2,949,783.84), approximately $2,597,432 relates directly to the negotiation and

implementation of the Browse Agreements.

5. SSO uses a programme called Time and Matter Costing to record time spenton SSO files.On 12 June 2012 I conducted a review of the Time and Matter

Costing records to ascertain the total hours spent by SSO lawyerson files related

to the negotiation and implementation of the Browse Agreements. That review

reveals that, to date, a total of 2,939 hours and 50 minutes has been recordedon

the negotiation file (SSO file number 319-08), and 380 hours and12 minutes

recorded on the implementation file (SSO file number 2696-11). 4 )

Sworn-by the deponent at Perth in Western Australia on 12 June 2012 Before me:

Signaturt of witness An Experienced Legal Practitioner

è4'4 /.1 .4447-rkt r Please print name 5

No. WAD6002 of 1998 Federal Court of Australia District Registry: Western Australia Division: General

RITA AUGUSTINE and Others on behalf of the Goolarabooloo Jabirr Jabirr People

Applicants

STATE OF WESTERN AUSTRALIA and others Respondents

ANNEXURE "ADR1"

I certify that this is "ADR1" to the affidavit of Alexander Douglas Rorrison on 12 June 2012

Experienced Legal Practitioner B11_001 Billing Analysis Aliens > c Lawyer'ClientFrom.Currency Grp: (NotApplicable) Period:(Not : Applicable))Invoice 190001 I Matter ToClients: Period: Firm: (Not (Not201212 Applicable) Applicable)) I Payor Matter Gm: Of (Not Applicable)] Payers: (Not Applicable) I Parent Matters: 606190252.606190252-001.606190252-002 I Ptnr Resp: (Not Applicable) I (Not Applicable)! Matter Dept: (NotApplicable) Applicable)] Matter Team: (Not Applicable) I Matter Practice Grp: (Not Applicable)) Matter Type: (Not Applicable) I Matter Category; (Not Applicable) Phu Rasp Pepe) (Not Applicable) I Fear Reap Team: (Not Applicable) I Bills: (Not Applicable) I Billing Linklaters invoiceClient Currency: At 10 Martyr ReftrenteClient CorrtactClient ResponsiblePartner Professional Service% Feesd Other Stied Dist) Tax to Client Bitted Total to CNent IssuedNotenmeat from ClientPaymentsReceived Writs Mb Outotesling 13tilence sub.sequem Total Oil & Write Oats Payments segment Sub - Otto(1102220)EnteSotritcr's WA Precinct(60619025211414RFroorctS63IM2MtvinG itmimil Printed PO 22209 RoniSon, Alen Pasooe.Anrew 2.052.167.90 97642(250 :94734029.473,40 268.14254tO0 ma a I z419,753.84LIM 41281 (2.861.590.44)(I 100422211 68.19340 (00819073-002)titmtlation(600100252-001) In Good Fan 1.189.17491 58.22022 i10,517.43 5822.02 1.20620122 04.04224 (1274.15239) 16104234) 3283320 (605190252-005)Negotiator(006110252-00410020Conneroot Atringerrlatin 172,06997 17,20029 19210680 - (100.15586) GOvaina15061902M0001pecnongen*CtIrremtl eCe1=Us, trues I grid 12583287 57.94233 - 1258329 20242225 63,2536 (10202320303.735211) - 21,40020 31(6o0l9352.007)Settron 2.1162.157.90 mem 29,173.49 MARLS. 1.269.co 2,249:101114 11050.00 12,301,520.441 619,193A012059.00

811_001 edfing Analyab MHlla vps 112:Jon201210:15:30 1 Pace 1 et2 C, BILOO1 Billing Analysis Aliens

BIL0015(l gAnntysc Ati 12Jun.2012191x30 Page2a12, "'"4 Minutes EWG 19 March 2008

MINUTES Northern Development Taskforce: WEST KIMBERLEY ENVIRONMENT WORKING GROUP

Environment Working Group Date:Thursday 19 March 2008 Meeting - No. 3 Time:9:30am-11:30am

Venue:Conference Rm 602, 6thFloor, 1 Adelaide Terrace,East Perth WA 6004

Present: Duncan Ord Chair (NDT), Miriam Moriarty Secretary (NDT), Gillian Gallagher (NDT), Gary Simmons (NDT), Jim Vanopoulos (NDT), Gary Whisson (DEC), Paul Gamblin (WWF), Gary Scott (Proxy for Maria Mann, Environs Kimberley), Peter Robertson (The Wilderness Society), Hugh Brown (STK), Mark Jones (STK), Robin Chapple (STK),Jeff Ralston (PSCC), Tim Nicol (Proxy for Chris Tallentire, Conservation Council), Jann Crase (ACFTeleconference), Annie Phillips (KLC), Nicole Matthews (DEWHA)

Item ACTION 1. INTRODUCTION AND CONFIRMATION PREVIOUS MINUTES

The Chair noted that the minutes of all Taskforce meetings record the main statements and action items only, and are not verbatim records. Members of this working group are welcome to have specific statements recorded, provided they clearly state this within the meeting.

(Discussions coming under the scope of 'Other Business' at the beginning of the meeting have been included under Agenda Item 6).

2. MATTERS ARISING

2.1 Outcomes of WWF Workshop

(Jann Crase joined the meeting via teleconference) PG tosend GIS datain PG informed the group that the GIS data from the WWF workshopaccessible in Broome was not available for today's meeting. WWF is currentlyformat loading up a draft report which includes a transcript of all sessionsaround to this and a overall description of the workshop. Hoping to email to allgroup. participants within the next few days, with a week provided for comments.

EWG 190308 Minutes Page 1 of 3 Minutes EVVG 19 March 2008 2.2 Potential LNG Hub Location

GW spoke to the draft Strategic Assessment timeline, which will beGW to circulated to the group outside this meeting. circulate draft SA timeline to The key drivers of the timeline are the longest parts of thethis group. background scientific studies. The draft SA report is expected to be ready for public comment around the middle of 2009.

Concern expressed by some group members that the scheduled shortlisting of the hub site in September this year does not allow time for wet season data to be included in the SA. This could lead to the public only being presented with one option for comment without prior comprehensive environmental assessment of that site.

PG noted that overall the NDT process is a positive one, however it isimportant the the broad community have the opportunity to engage in discussion over the full list of sites.Once the site has been selected it is no longer truly a strategic assessment.

PR noted that the Wilderness Society would like statutory formal comment.

GW noted that there are complexities around the SA studies regarding access to country. Need to be invited by indigenous groups. The cooperation and assistance of indigenous groups is crucial to this process. Indigenous contribution of knowledge around heritage and environmental matters also essential. There was some disagreement within the group as to how much knowledge various indigenous groups have of their areas.

GW advised the group that discussions around the budget for the SA process are still continuing with the Commonwealth.

Overall the group (with the exception of the KLC), agreed that they were concerned not to have a predetermined outcome around site selection, and that there needs to be opportunity for broad public consultation around the September decision. The KLC representative stated that they were unable to speak for the position of all KLC members, until all TO groups had been consulted and provided instructions to the KLC.

PR stated the important of the EPA retaining integrity and not buckling to pressure by companies in order for them to be involved in the hub concept. NM noted that the Commonwealth sees this as a working blueprint for SA processes nationally, and that it is keen to ensure that the process is robust.

Several group members expressed concern around the potential loss of opportunity to look at sites south of Broome if these are not addresssed in the engineering report. The Chair advised thata decision as to whether there will be any additions to the report's scope after it comes in.

EWG 190308 Minutes Page 2 of 3 Minutes EWG 19 March 2008 6. ANY OTHER BUSINESS

(This Agenda Item was addressed directly prior to Agenda Item 2) The Chair noted discussion within working group meetings is cabinet confidential and information is not to be released to the public.

The group discussed the Gaffney Cline engineering report, second stage due this week. The report will examine the validity of the technical criteria used by industry to date in their assessment of sites. The study also looks at some areas outside the Kimberley.

Questions raised by several group members around the possibility of additional industries (eg: bauxite mining) joining the hub in the future. The Chair noted that such additional projectsare not included intheNDT'scurrentTermsofReference, and recommended that writing to the Minister would be the best approch for group members who have these concerns. The Chair informed the group that domestic gas issues were also not part of the NDT's Terms of Reference.

7. DATE OF NEXT MEETING

TBC

Endorsed as a true and accurate record of the meeting.

Date:

EWG 190308 Minutes Page 3 of 3 DEPAR I MtN I to INDIGENOUSAFFAIRS

Woodside Energy Ltd. 8 SEP 2011 ACN 005.482 986 woodside Woodside Plaza 0,01/ /9 15-03 240 St GeorgesTerrace

File Na Perth WA 8000 I Of GPO Box D188 fl Please direct all responses/queries to: Perth WA 6840 t: +61 8 Australia woodside.com.au t: +61 8 9348 4000 Our reference: °SIMS 47581405 f: +61 8 9214 2777 www.woodside.com.au Mr Duncan Ord Deputy Director General Department of Indigenous Affairs 197 St Georges Terrace PERTH 6000 by email: [email protected]

5 September 2011

Dear Duncan

BROWSE LNG PRECINCT GEOTECHNICAL PROGRAM

We refer to your letter dated 8 August 2011 in relation to a "possible site" in the vicinity of the Western Australian Government's proposed Browse LNG Precinct at James Price Point (LNG Precinct).

Thank you for withdrawing the 25 July Letter and 25 July Map and for your advice in that regard.

Having reviewed your letter of 8 August (8 August Letter) and the map attached to that letter (8 August Map), we remain of the view that these documents still do not deal with the underlying issue. That is, Woodside has no basis on which to consider that credible new "site information" exists in relation to a "possible site" anywhere, let alone across the extent of the area proposed by the 8 August Map.

Accordingly, for the reasons set out below, Woodside requests that:

9 the 8 August Map be withdrawn;

o Woodside be afforded the opportunity to review the "new information" prior to that information being considered by the ACMC; and it

O the ACMC have regard to all other relevant material prior to making its decision in relation to this information.

Request 8 August Map be withdrawn

The 8 August Map (albeit a slight refinement in area of the 25 July Map) suffers the same credibility issues as the 25 July Map. That is, by the inset, the "possible site" 30274 being investigated by DIA isof the same general area as provided by the 25 July Map. While we note the main part of the 8 August Map refers to areas in which Woodside is undertaking works, it Is apparent from the inset that it is only a subsetof the "possible site". For the same reason Woodside raised against the 25 July Map, if DIA is not advising all other land users within that area that a "possible site" existsthen the 8 August Map should also be withdrawn. Woodside be afforded the opportunity to review the "new information"

Woodside has not been advised to date of any new heritage information. Further, it appears to be withheld on the basis that it is for initiated males only. While Woodside respects cultural heritage restrictions, the extent to which that restriction is being applied in this case denies Woodside procedural fairness in relation to this Information.

It does not accord with the manner in which similar restricted information has been shared during the assessment process under Section 9 of the Commonwealth's Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act).

Further, it introduces a potential flaw to the ACMC's decision making process if the ACMC is similarly restricted.

Accordingly, Woodside would like to review the new information" and the evidence in support of that new information. We would be happy to observe any reasonable cultural restrictions on that information however, without being appraised of the information or the nature of evidence in support Woodside is being denied procedural fairness.

ACMC consideration of information

In our view, the ACMC should not make any "decision" in relation to the "possible site" until the following have been satisfied.

Affected parties are heard: Further to our request to review the "new information" Woodside as a potentially affected party should be afforded the opportunity to present its views to the ACMC regarding that information before the ACMC makes a decision in relation to a "possible site".

Analysis of new information against Section 5: We assume as a matter of course the ACMC would have regard to the test under section 5 of the Aboriginal Heritage Act 1972 (AHA) before making its decision. While Woodside has no site Information it appears unlikely that if the "new information" Is purporting to support a single site over an area as depictedit is unlikely to satisfy section 5 of the AHA.

Testing the credibility of new information: Aside from a rigorous analysis of the information against the provisions of section 5 of the AHA, the ACMC should not complete its deliberations unless the following are considered and appropriate weight given to the findings:

o Appropriate consideration is given to the credibility of any "new information" and the degree of scientific rigour and status of the supporting evidence.

The Importance and significance of any "new information" regarding heritage is tested against information from other persons with cultural knowledge of the area over which this "new information" has been provided. This advice is appropriately obtained through the KLC.

The legitimacy afforded Mr Roe as a sole Site informant appears to relate to his capacity as a relative of the original site informant. The area being identified is significantly broader than that previously provided by the original site informant. It is incongruous that more cultural knowledge could exist with a descendant of the original informant. Further, the area of the "potential site" is broader thanthat put forward by Mr Roe for a declaration under section 9 of the ATSIHP Act.

o The timing of the information being provided is apparently vexatious. Mr Roe has failed to participate in other earlier processes where such information could have been provided.

o Woodside has sought specific advice in relation to its studies from both Traditional Owners and DIA prior to undertaking those studies and has planned and continued with those studies on the basis that consent from the Minister under s18 of the AHA would not be required In order to corn plete those studies in a manner consistent with that advice from TOs and DIA. Those studies are monitored by Traditional Owners.

Paget of 3 Offer of DIA assistance

We thank you for your offers of assistance in your 8 August Letter.

We look forward to your response in relation to the matters set out above and once we have considered that response, including the "new information" as requested, we will be able to consider the basis on which we May take up DIA's offer to seek advice about our current studies.

Thank you again for your correspondence and for your consideration of these matters. Should you require further information please do not hesitate to contact me on

Yours sincerely

Indigenous Affairs ManagerBrowse LNG Development

Gall McGowan, Deputy Director General, State Initiatives, Department of State Development

Page 3 of 3 Government of Western Australia Ospailment of indigenous Affpire

Indigenous Affairs Manager rtiwse LNG DeVelophient Woodside Energy !_td Woodside Plaza 240 St Georges Terrace Perth WA 6060

Dear

JAMES PRiOE 'POINTDEVELOPMENT PRECINCT FURTH.ER IN.FCRIVIATIQN REGARDING PQ$S1BLE NERITAGES.ITS

In accordance with the requIrefhenfs of theAboriginal Heritage Act 1972(ANA) officers of the Department of Indigenous Affairs (DIA). on behalf °Me Aboriginal Cultural Material Committee (ACMC) andwith the authorisation Of the Registrar, have been conducting Site surveys of the James Price Point (OPP) proCinot in respen.se to reports of disturber= Of Aboriginal heritage in the area.

As discussed with (on site hear tnbalIal Karnbor) anti then ands:mean Woodside on Friday 8 July 2011 et theirPrairie offioe with myself' andanother officer frOrn the DIA, a further survey of the James Price Pointpreolndtwasfo be carried bUt. thison-grood gathering of information was conducted between 12and 16. July 2011..

Information gathered es a result el fhe,surv.ey within the:difhered boundary Orl the accompanying map (hatehed area)may be an Atioititial siteUnder the AHA, this Information will be presented to the Ahoriginal QUItUral Material CorritIttee ACMC.) for their deterrninatien.

We believe we are obligated to notifyoodside Of this lateSt information regarding potential siteswithin the JPP area.

Thedefence to an offence under Section 17 of the AHA is providedcinder Section62 of the AHA and states:

"In pitceedings Airaboffence against this Act it is a defence for the person charged to prove thathe net know and could not reaSonahly bo expootedtohaVe kritiwn, that the place or object to with the charge relateswas a place or objeCt to which this Mt applies."

1st moor, 1.07 Stpeorgestorra, Perlh, WesMnAliu.trdlie dP,CiP PO Sox7770, Cloisters Ocioare, WesternSustraii?6.8PQ Talaii.hona.M.123,§41ACLFdgolmitoal§Lattcpflp- -wvAii:dlavi,bov..40 ^lla:W au It is recommend Woodside cease activities within the hatched area of the accompanying map until the site's status has beep determined by the ACMC, however, we are happy, to assist where we can, If you are able to provide us with GPS points of any areas you wish td continue Working in, we Will examine our Information in order to advise you where activity is unlikely to disturb the area whore reported heritage inforniation has been received.

We understand that Woodside will conduct It own risk assessment in. relation to work carried out in the JPP precinct and appreciates that this decision is solely Woodside's.

Please contact me on .923 8103 if you would like clarification of the abciVe advice or to discuss the matter further.

Yours erely,

Jarri ok Senior Compliance Officer Email DOrd 3Aug11.txt From: Duncan ord [Duncan.Ordilidia.wa.gov.au] sent: Wednesday, 3 August 2011 7:17 PM To: Graham, Peter Subject: James Price Point heritage assessment

Dear Peter, In order to provide you with a response as close as possible to your timeframe our office forwarded a response to you by email this morning. I would like to provide some further context to our response whichI believe is relevant to the matters you raise that we needed more time to seek information.

When DIA was asked for advice from the warden's court on AboriginalHeritage significance in the area it related to a proposal to explore for Minerals, my understandingis specificallyfor Mineral sands. The sand areas in the area consist of the coastal dunes system and anyproposal to ultimately mine these would be seen to have significant impact on a range of heritage vatues including burials. The DIA has been aware of the Woodside worksprogram and have provided Heritage site avoidance advice based on woodside providing a Programof Works to the Department. This advice was provided on the 18 February 2010, 23 July 2010, and 7October 2010. The Department has been aware of the Heritage Protection Agreement between Woodside and the KLC and the use of a work clearance methodology with traditional owners to ensure registered and any other areas of significance not registered were not impacted. Should you need further information please feel free to contact me. My Mobile is 0427 476 907

Regards Duncan Duncan ord Deputy Director General - operations 1st Floor, 197 St Georges Terrace Perth WA 6000 ph: (08) 9235 8194 Fax: (08) 92358088 Duncan.oradia.wa.gov.au www.dia.wa.gov.au The information contained in this email, including any attachments, may contain confidential information. If you are not the intended recipient, any use, disclosure or copying of this information is unauthorised. if you have received this email in error, please notify the sender immediately by return email and then delete it from your system. Please don't print this email if you don't need to.

Page 1 J1TC-42:,

4;0

_ 0

.

Developing the West Kimberley's Resources

Figure 1 West Kimberley study area, with extension to part of North Kimberley

LOCALITY MAP

Timor S oa Ad: ip ared in

Port Karra lha

WESTERN Cope Loncorcerr AUSTRALIA At/minim Cuff

Jouith Ramp:tow PERTH udy area Cult xtengign, PerteRerr Natty: Canaveral! Rrerroo *fr.v41; Degeranda Inland . eii Mircitat '191 .iiiit WYNDHAM River 11° e.rinnninlt.. (N- It Hann. (-'-'- ) A11-11) ARtilicalpt)oplisiP,I;1214:i k .."-10---, Cockatoo Island s'ana2 smith! ' Collie '' ElrAlIesun Ini. 11-ii1 Bay Cape Levoqu 61---71:1; Ei et Oki ANN Lob Djarindfin (ntavg v11.01

1t1ng Lr»pold Rainy Bow Rear ta) mid ParT -LC itsjr DERBY Kimball:1 Damns' / GI:tamerw,..__ -r ' NI HON rlonanjuni si I jRjrA jir RANI Pad.

Di piyy. \, i:sr ['ANN IiRI 1 r LA.= BROOME Uremia la ...., Nast an ...'n ''' 1 ,-._--,--- L. Fitzroy Crossing Halls Creek 33 r 1_-, Nourda ,....p t:-.. \ \ CM Nperts Louisa Donna e 1111;1 H II R I: r /I11120r Al[. II I I tirt

'MINI' 01 I4, CI PAIL \

- NORTH

0 100 200

LOIvIETRES

Data source:Depart/nen/ of Inclusby and Resources

Conduct of the study 9

Developing the West Kimberley's Resources

4.1.2 Derby stakeholders

Derby stakeholders who were consulted were keen to explore development opportunities, subject to being satisfied about protection of environmental values. They highlighted the development potential of the region, including the potential heavy industrial location of Point Torment, light industrial land in Derby, community facilities, transport infrastructure and the availability of housing land.

4.1.3 Broome stakeholders

Broome stakeholders who were consulted were also amenable to resource development in the West Kimberley. Several stakeholders expressed concerns about possible negative impacts of industrial installations On the environment, community amenity and the tourism industry.

Stakeholders highlighted the exiting community, housing, port and transport infrastructure in the Broome area as a facilitator of resource development.

4.1.4 Regional development organisations

State and Australian regional development organisations are very supportive of resource development in the West Kimberley region. They highlighted the need to broaden and deepen the West Kimberley economy. They also pointed out the imbalance in the economy between Indigenous and non-Indigenous people and communities. They felt that if resource development occurs there is a need to take action to fill out the potential 'hollow economy' by maximising local participation in development.

Protection of the West Kimberley environment and heritage has a high priority amongst all stakeholders.

4.1.5 Traditional Owners

There is general support amongst Aboriginal groups for economic development, subject to a number of issues identified by the organisations consulted and discussed below. Location-specific issues raised by traditional owner representatives are outlined in Chapter 14.

Consultation, negotiations and participation

There is a need for 'proper arrangements' with interest holders. This includesan inclusive process for development of agreements, careful design of the content of agreements, attention to implementation of agreements, and resourcing of the negotiation process.

Aspirations of West Kimberley communities 29 30 communities Kimberley West of Aspirations

opportunities. economic and issues social potential), credit carbon (including resources natural other resources, mineral heritage, cultural tourism, impact value-low high biodiversity, included: identified Values making. decision- informed enable to required are mining of impact the and area Plateau Mitchell of values all of assessments while identified, were Bougainville Cape of mining of impact cultural and environmental the about concerns context, this In

land. for responsibility cultural Owners' Traditional the for respect have to development for need the identified all stakeholders Owner Traditional planning and environment Culture,

services. and infrastructure provide to government and industry between approach cooperative a for need a identified stakeholders Aboriginal

arrangements. shift Culturally-friendly and worksites; from and to travel to Support development; skills and Training programs; recruitment Appropriate includes: support This development. Kimberley West of phase industrial new possible the in participate to them enable to needed business and government from support for need the identified groups Aboriginal development. business and employment include opportunities These development. major by presented are that opportunities the up take to them enable to businesses and people Aboriginal by needed is capacity-building Similarly, advisers. hire to resources to addition in required is Capacity-building corporations. with negotiations commercial in engage to needed skills negotiation and experience the lack typically people Aboriginal resources, of lack from Aside

negotiations. lengthy sustain to capacity limited very have typically groups These negotiations. in participate to groups) owner traditional and body representative (including holders interest Aboriginal to provided be to resources for need the identified consistently groups interest Aboriginal

this. achieve to industry and government community, the between needed are efforts Co-operative

development. in participate to ready people getting for time lead adequate be also must There preparation. thorough after proponents project with engage to Owners Traditional enable to negotiations for required are lead-times Realistic

Resources Kimberley's West the Developing Developing the West Kimberley's Resources

In some areas, the use of islands for development is a sensitive issue. Some islands and parts of islands have high cultural value.

Some Aboriginal stakeholders also had concerns about pressures on land use that might arise from intensive development. They were concerned that sufficient land be available for when they have capacity for initiating development, and for their children.

Aspirations of West Kimberley communities 31

Developing the West Kimberley's Resources

12.7 Aboriginal culture and heritage

12.7.1 Aboriginal Heritage sites

Heritage sites of significance and importance to Aboriginal people exist throughout the study area in many forms: in physical presence such as rock art paintings, burial places; in natural features (waterfalls, reef structures, soaks, springs, waterholes, landscape formations) and in spiritual and totemic association with creation beliefs and living things in the environment.

Aboriginal cultural heritage and Native Tide are often closely connected. For example, the Wanjina and Gwion ("Bradshaw") rock art images throughout the North-West Kimberley are intrinsic to Wanjina Wunggurr laws and customs and cultural values of the Wanjina Wunggurr native title holders. The evidence that native title claimant can rely on to support their applications for determination of Native Tide may include the Aboriginal cultural material and/or sites that may impact or be located in the vicinity of a proposed development or exploration activities.

Protection of Aborginal heritage sites is currently afforded through Commonwealth and State Acts. These are the State ,-Idatraa/HanicgeAci /972(WA) and the Commonwealth AlaiErind aTansSfral./dader Henl'aze P/WechintAct 1984

Under both the State and Commonwealth Acts, proponents must take steps to identify and protect Aboriginal cultural heritage sites.

Implications for future developers

Exploration or development activity in the West Kimberley has the potential to impact on Aboriginal sites. Whether an Aboriginal heritage site is registered on the State Register of Aboriginal Sites is not conclusive indication of the presence of an Aboriginal heritage site in any particular location.

rain Arafrakm ..46ati/a/ Hethage.Aa 77971)

To ensure compliance under the .24,6ancehtalHon'ast-4a1972, proponents of future developments should endeavour to undertake heritage surveys before any ground disturbing activities proceed to ensure all Aboriginal heritage sites are identified and protected. The Act was developed to protect and preserve Indigenous Heritage and it is an offence to knowingly damage an Aboriginal site. There is also a requirement, under Section 15 of the Act, for any person who becomes aware of an unrecorded site to report the existence of that site to the Registrar of Aboriginal Sites at the Department of Indigenous Affairs. Examples of sites and objects protected under the Act can include burial

Environmental and heritage issues 209 210 issues heritage and Environmental

applications Licence Prospecting and Licence Exploration all to process expedited the apply to continues Government State the Kimberley, the In

holders. tenement to landscape ethnographic the of picture clear a provide to and tenements exploration of grant the to agree to asked are groups claimant Tide Native return, In standards. protection heritage Aboriginal minimum contains template agreement heritage standard The Council. Land Kimberley the except Australia Western in Bodies Representative Tide Native the of each with place in is and negotiated been has agreement template protection heritage standard A

regime. Negotiate to Right NTA lengthy more the under processed be will applications the agreement an such of absence the In Procedure. Expedited A)(NT 1991 71,YeAct Naiat the to submitted be will applications the before place in is Agreement Heritage Alternative existing an that State the satisfy AgreevieNor fiamfam'Horlage a into enter to required are Licences Prospecting and Licences Exploration for applicants whereby policy new a introduced Government State the 2004, In

?gra& kfrinigAilM2aff rebtliveka hilemzerram Wank-

ineffective. be to prove process protection heritage the and law State the where resort last a as only used be to intended is and legislation Australian Western complements law The people. Aboriginal to significance particular of objects and areas protect and preserve to is purpose law's The a1981.fl Pmfreitht Hetriage Irlaser ffrafr Tomsafta' Sorizizal the administers Heritage and Environment of Department Government's Australian The

people. Indigenous with consultation after purposes research for used generally is this and site, heritage Aboriginal an from anything of removal and excavation authorise can Registrar the 16, Section under Also,

proponent. the by undertaken been have consultations sufficient that satisfied is it once Minister the to recommendation a make only will ACMC the practice In matters. such on decision a making when community the of interests general the and ACMC) Committee Materials Cultural Aboriginal (the committee advisory an of recommendations the considers Minister The site. a impact to likely is development if disturbance to consent can Affairs Indigenous for Minister the Act, State the of 18 Section Under Act. the with accordance in and Owners Traditional appropriate with consultation after place take only should site heritage Aboriginal an of Disturbance water. and/or country of tracts specific and trees carved arrangements, or structures stone faces), rock on or caves (in engravings and paintings symbols, grounds,

Resources Kimberley's West the Developing Developing the West Kimberley's Resources

without requiring a fiasa'an HewYgge.-Igreefireft/ or an Alternative Heritage Agreement to be in place. Introduction of the new policy in the Kimberley will depend on whether a ftaftdra'HeSageArgffegresiis negotiated by the Kimberley Land and Sea Council and Industry or whether the State imposesa Siana'an/Heni'acetztremenz

He/742%e auestmentr a /0 irawherlg RON

Traditional Owners in the Kimberley utilise a heritage impact assessment methodology that centres on the proponent seeking clearance from the Traditional Owners of the project area of specific activities identified in the proposed work program. Agreement to adopt this methodology is usually negotiated with the proponent during the native title expedited procedure that applies to the grant of exploration and prospecting licences.

Under the methodology, a proponent provides the resources fora field survey team comprising relevant Traditional Owners and their advisers accompanied by a proponent representative. Advisers may be of anthropology, archaeology or any other technical discipline. Proponents are provided with a clearance report for the work program, detailing what activities can and cannot be undertaken within the area of the proposed work program. The Kimberley Land Council assists the Traditional Owners in the assessment processas requested.

Explorers have expressed concern that the process addresses only activities identified in the proposed work program without Traditional Owners divulging any information regarding the location of Aboriginal heritage sites or any cultural information. Explorers maintain that this approach does not provide the level of certainty, particularly in instances when a project hasa real prospect of progressing to mining.

12.7.2 European and Asian heritage

The West Kimberley has a rich European and Asian heritageas outlined in Section 3.6. The value of this history is recognised by the Register of the National Estate which lists at least 14 places in the West Kimberleyas significant. The Estate is Australia's national inventory of natural and cultural heritage places which are considered worth keeping for the future.

Implications for future developers

The way in which private, State Government and Local Governmentowners manage their National Estate properties is not directly affected by listing as entry on the Register does not place any direct legal constraints on the actions

Environmental and heritage issues 211 212 issues heritage and Environmental

birds. migratory on agreements international under protection their of because significance international of be to considered also are wetlands on adversely impact to potential the have that Operations gases. greenhouse quantities substantial of production in result to potential their of because significance international of be also will industries processing minerals and petroleum of impacts The etc. reserves within development wastes, fauna, and flora to impacts example, For impacts. regional as classed be also can impacts these of Many heritage. Asian and European and Aboriginal, affect and fauna and flora of destruction waste, dust, noise, as such impacts local in result will report this in discussed scenarios development The impacts. significant internationally and/or regionally locally, of combination a in result to potential the have Kimberley West the for consideration under currently options development The

agencies. government and bodies planning proponents, by established be can strategies mitigation and management design, better way, This investigated. properly be to need region Kimberley West the in scenarios development possible of impacts heritage and environmental cumulative the projects, individual of requirements management and assessment impact the to addition In development. every of phases operational and construction planning, the into integrated be must region the in interests all of needs cultural and social the and environment The negative. and positive both impacts, specific own its carries development individual Each

potential. agriculture and minerals petroleum, its as well as industry tourist the of development the including value, potential region's the realise fully and uses land existing manage to attempting when given be must consideration and planning careful values, cultural and environmental high region's the conserve help to order In industry. and tourism grazing, management, land changed through impacts human of effects the feeling nonetheless is that area populated sparsely and remote a is It Australia. Western of areas wilderness last the of some contains region Kimberley The development of impacts heritage and environmental Managing 12.7.3

significance. natural and heritage European of sites conserving proactively to consideration give however should region the in developers Future Estate. National the of Register the in listings of result a as constrained are actions whose body only the is Government Australian The property. private are which places enter or manage, acquire, to rights any Government Australian the give not does Register the on listing Also, property. private of owners of

Resources Kimberley's West the Developing Developing the West Kimberley's Resources

Proponents of future developments within the West Kimberley region will need to conduct project and scenario specific environmental, heritage and community planning and impact assessments, for assessment by the relevant government bodies as part of their obligations to comply with State and Australian legislation. Such approaches, which include thorough community consultation, are also necessary to obtain broad community support for proposed developmentsthe so-called "community licence to operate".

Environmental and heritage issues 213