22 WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

WORKING DOCUMENT TO IDENTIFY

ABORIGINAL HERITAGE ISSUES

TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5

of the

DAMPIER TO BUNBURY NATURAL GAS PIPELINE DUPLICATION PROJECT

BY

AUSTRALIAN INTERACTION CONSULTANTS

July 2006

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 2

6089 33 WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

CONTENTS

LIST OF ABBREVIATIONS ...... 6 LIST OF DIA SITE TYPE ABBREVIATIONS ...... 6 LIST OF FREQUENTLY USED TERMS:...... 6 1. INTRODUCTION...... 7 2. PROJECT OVERVIEW – STAGE 5...... 7 3. HERITAGE MANAGEMENT - THE REGULATORY CONTEXT IN WA ...... 8 3.1 Scope of the Act...... 8 3.2 Application of the Act...... 8 3.3 DBNGP- Heritage Protection Measures ...... 9 4. THE PROJECT- TECHNICAL ASPECTS...... 11 4.1 Pipeline Construction...... 11 4.2 Post-construction...... 13 5. METHODOLOGY ...... 14 6. ARCHAEOLOGICAL VARIANCE...... 14 7. HERITAGE EVALUATION SECTIONS...... 15 8 HERITAGE EVALUATION OF SECTION ONE...... 17 8.1 Location ...... 18 8.2 Local Groups...... 18 8.3 Environment...... 18 8.4 Review of DIA research...... 18 8.5 Issues...... 20 8.6 Conclusions...... 21 8.7 Recommendations...... 21 9 HERITAGE EVALUATION OF SECTION TWO...... 22 9.1 Location ...... 23 9.2 Local groups...... 23 9.3 Environment...... 23 9.4 Heritage Evaluation ...... 23 9.5 Review of DIA research...... 23 9.6 Issues...... 24 9.7 Conclusions...... 25 9.8 Recommendations...... 25 10. HERITAGE EVALUATION OF SECTION THREE ...... 26 10.1 Location ...... 27 10.2 Local groups...... 27 10.3 Environment...... 27 10.4 Heritage Evaluation ...... 27 10.5 Review of DIA research...... 27 10.6 Issues...... 28 10.7 Conclusions...... 28 10.8 Recommendations...... 29 11. HERITAGE EVALUATION OF SECTION FOUR...... 30

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 3

6089 44 WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP 11.1 Location ...... 31 11.2 Local groups...... 31 11.3 Environment...... 31 11.4 Heritage Evaluation ...... 31 11.5 Review of DIA research...... 31 11.6 Issues...... 33 11.7 Conclusions...... 34 11.8 Recommendations...... 34 12. HERITAGE EVALUATION OF SECTION FIVE...... 35 12.1 Location ...... 36 12.2 Local groups...... 36 12.3 Environment...... 36 12.4 Heritage Evaluation ...... 36 12.5 Review of DIA research...... 36 12.6 Issues...... 37 12.7 Conclusions...... 38 12.8 Recommendations...... 38 13. HERITAGE EVALUATION OF SECTION SIX...... 39 13.1 Location ...... 40 13.2 Local groups...... 40 13.3 Environment of area...... 40 13.4 Heritage Evaluation ...... 40 13.5 Review of DIA research...... 40 13.6 Issues...... 41 13.7 Conclusion ...... 41 13.8 Recommendations...... 41 14. HERITAGE EVALUATION OF SECTION SEVEN...... 42 14.1 Location ...... 43 14.2 Local groups...... 43 14.3 Environment...... 43 14.4 Heritage Evaluation ...... 43 14.5 Review of DIA research...... 44 14.6 Issues...... 45 14.7 Conclusion ...... 45 14.8 Recommendations...... 45 15. HERITAGE EVALUATION OF SECTION EIGHT ...... 46 15.1 Location ...... 47 15.2 Local groups...... 47 15.3 Environment...... 47 15.4 Heritage Evaluation Sections 8 and 9 ...... 47 15.5 Review of DIA research...... 48 15.6 Issues...... 48 15.7 Conclusions...... 49 15.8 Recommendations...... 49 16. HERITAGE EVALUATION OF SECTION NINE ...... 50 16.1 Location ...... 51

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 4

6089 55 WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP 16.2 Local groups...... 51 16.3 Environment...... 51 16.4 Heritage Evaluation ...... 51 16.5 Review of DIA research...... 52 16.6 Issues...... 52 16.7 Discussion...... 53 16.8 Conclusions...... 53 16.9 Recommendations...... 53 17. HERITAGE EVALUATION OF SECTION TEN ...... 54 17.1 Location ...... 55 17.2 Local groups...... 55 17.3 Environment...... 55 17.4 Heritage Evaluation ...... 55 17.5 Review of DIA research...... 56 17.6 Issues...... 57 17.7 Conclusions...... 57 17.8 Recommendations...... 58 18. HERITAGE EVALUATION OF SECTION ELEVEN...... 59 18.1 Location ...... 60 18.2 Local groups...... 60 18.3 Environment...... 60 18.4 Heritage Evaluation ...... 60 18.5 Review of DIA research...... 61 18.6 Issues...... 61 18.7 Conclusion ...... 62 18.8 Recommendations...... 62 DISCUSSION ...... 63 OVERVIEW...... 64 Sites not covered by section 18 consents...... 64 Sites covered by section 18 consent...... 65 Consultations Required...... 75 FINAL RECOMMENDATIONS ...... 76 REFERENCES...... 77 APPENDIX 1 – List of 2002 Section 18 Conditions (Dampier to ) ...... 79 APPENDIX 2 – List of 2003 Section 18 Conditions (Perth Metropolitan Area) ...... 88 APPENDIX 3 – List of 2003 Section 18 Conditions (Kwinana to Bunbury)...... 90 APPENDIX 4 – Cultural Material Contingency Plan...... 92 APPENDIX 5 - Aboriginal Heritage Act (1972)...... 93 EXTRA APPENDICES – MAPS OF SECTIONS – to be included...... 97

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 5

6089 66 WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

LIST OF ABBREVIATIONS ACMC Aboriginal Cultural Materials Committee AIC Australian Interaction Consultants CALM Conservation and Land Management CMWG Combined Metropolitan Working Group NTC CS Compressor Station DBNGP Dampier to Bunbury Natural Gas Pipeline DIA Department of Indigenous Affairs DOIR Department of Industry and Resources DOLA Department of Land Administration DMPR Department of Mineral and Petroleum Resources DPI Department of Planning and Infrastructure DRF Declared Rare Fauna GPS Global Positioning Satellite HDD Horizontally Direct Drilled or Horizontal Directional Drilling MLV Mail Line Valve PF Priority Fauna SER Strategic Environmental Review CSR&SCP Combined Swan River and Swan Coastal Plains NTC (formerly CMWG) WAM Western Australian Museum

LIST OF DIA SITE TYPE ABBREVIATIONS ART Artefact BUR Burial C Ceremonial E Engraving F Fish Trap HIST Historical M Mythological Q Quarry RP Repository/Cache S Stone Arrangement T Modified Tree LIST OF FREQUENTLY USED TERMS: ‘The Act’ Aboriginal Heritage Act 1972 (WA) ‘The corridor’ the easement running the length of the existing pipeline and/or the Proposed looping ‘The Minister’ Minister of Indigenous Affairs ‘The pipeline’ Dampier to Bunbury Natural Gas Pipeline ‘The Registrar’ the Registrar of Aboriginal Sites ‘Heritage Management Procedures’ those procedures outlined on pages 53-54

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 6

6089 77 WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

1. INTRODUCTION This report is a preliminary desktop Aboriginal heritage study undertaken to provide a summary of the Cultural Heritage position for the Dampier to Bunbury Natural Gas Pipeline (DBNGP) corridor from Main Line Valve (MLV) 7, 12.6 kms west of Karratha, to Wagerup West, 58.2 kms north of Bunbury.

The report will provide a summary of the registered archaeological and ethnographic Aboriginal sites along the length of the pipeline within a 100 metre area to the east and west of the existing pipeline, excluding the current Stage 4 Loops. Sites pertaining to existing section 18 consents will be identified as well as sites not covered by section 18 consents. Management strategies will include required action identified from the desktop study as well as a gap analysis between the desktop study and the existing section 18 references.

2. PROJECT OVERVIEW – STAGE 5 Dampier–Bunbury Natural Gas Pipeline (WA) Nominees is the owner of the existing DBNGP, which extends some 1600 kms from Karratha in the north-west to Bunbury in the south-west of Western . Along this pipeline are ten (10) compressor stations, with CS 1 located approximately 125 kms south of Karratha and the southern-most (CS 10) at Kwinana, near Perth.

Currently, DBNGP (WA) Nominees Pty Ltd is building eleven (11) sections along the existing pipeline. These sections will be connected to compressor stations and main line valves located along the existing pipeline. Each section is designed to increase the carrying capacity of the existing facility.

In 1981 the existing pipeline was constructed within a thirty (30) metre wide easement and is, generally, located six (6) metres from the eastern boundary. Surveys occurred in 2001 to widen the easement corridor to increase the easement to a width of 100 metres, from Dampier to Bullsbrook. It should be noted that the original corridor was extended nominally forty (40) metres to the west and thirty (30) metres to the east, giving a total width of 100 metres. South of the metropolitan area, the corridor between Kwinana and Bunbury was widened to fifty (50) metres.

During future construction work, there may be a requirement to occasionally move out of the existing corridor to meet practical working conditions, e.g. truck turnarounds and equipment storage. This ‘working corridor’ will only be necessary during the construction period. Therefore, to ensure all cultural heritage planning needs are met, this preliminary study will cover a nominal 100 metres east and west of the centreline of the existing DBNGP along the length of the pipeline, excluding the Loop sections, making the scope of this study an easement corridor 200 metres wide.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 7

6089 88 WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP This document relates to the entire project of Stage 5; however it is understood that the actual project is likely to be undertaken in stages A, B and C (equivalent to the Loop sections of Stage 4). 3. HERITAGE MANAGEMENT - THE REGULATORY CONTEXT IN WA

Under the Aboriginal Heritage Act 1972 (WA) [hereinafter ‘the Act’] all sites that Aboriginal people consider important can be identified and protected. The draft Guidelines for Aboriginal Heritage Assessment in (1994) suggest (under section 2- Ethnographic reporting requirements):

All Aboriginal individuals and formal organisations which have a reasonable interest in the land in question or who might reasonably be expected to have an interest in the land that is subject to the survey, should be consulted and their views reported, or the reasons for their exclusion discussed.

Construction has the potential to disturb or destroy identified and so far unidentified Aboriginal sites. Indigenous heritage is considered an important part of the cultural history of Western Australia, and of all Western Australians, and the Act makes provision for the preservation, on behalf of the community, of places and objects customarily used by or traditional to, the original inhabitants of Australia and their descendants. For example, Section 17 provides that it is an offence to:

• excavate, destroy, damage, conceal, or in any way alter any Aboriginal site or any object on or under an Aboriginal site; or • deal with in a manner not sanctioned by relevant custom, or assume the possession, custody or control of, any object on or under an Aboriginal site, unless those acts occur under the authorisation of the Registrar of Aboriginal Sites (Section 16), or the consent of the Minister for Indigenous Affairs (Section 18).

3.1 Scope of the Act

The Act was introduced to protect Western Australia’s Indigenous cultural heritage, and mandates the study and recording of Aboriginal sites in the State before they can be affected by works of any kind, including development or archaeological excavation. An Aboriginal site is defined (Sections 5 and 6) as “any place or object that is important and/or significant to Aboriginal people”, and the Act further applies to any places or objects that are, or appear to be, part of the traditional cultural life of Aboriginal people, past or present. The Act therefore applies to sites that have not been formally recorded.

3.2 Application of the Act

To protect heritage and to ensure the Act is not breached during development or excavation, archaeological surveys are generally conducted to identify material remains

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 8

6089 99 WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP demonstrating evidence of human activity at a particular location. Ethnographic surveys are conducted, where appropriate, for the same reason. If there are no alternatives to disturbing a site, consent to disturb may be granted by the Minister. Application for this consent is made through the “Section 18” process. Further protection is afforded by the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth), the purpose of which is the preservation and protection ‘from injury or desecration of areas and objects in Australia and in Australian waters, being areas and objects that are of particular significance to Aboriginals in accordance with Aboriginal tradition’. Under Sections 9 and 10 of this Act, the Minister has the authority to make an emergency declaration in relation to areas where he/she; (a) receives an application made orally or in writing by or on behalf of an Aboriginal or a group of Aboriginals seeking the preservation or protection of a specified area from injury or desecration; and (b) is satisfied: (i) that the area is a significant Aboriginal area; and (ii) that it is under serious and immediate threat of injury or desecration; Or has received a report in relation to the area from a person nominated by him or her and has considered the report and any representations attached to the report. The emergency declaration powers may stay in effect for up to sixty (60) days.

3.3 DBNGP- Heritage Protection Measures

Heritage surveys, both archaeological and ethnographic, have been conducted on the DBNGP since its construction was first projected in the 1980s. The surveys conducted by McDonald Hales and Associates, O’Connor and AIC in 2000, when the Department of Planning and Infrastructure (DPI) proposed to widen the original 30 metre corridor to 100 metres, resulted in Section 18 applications to the Department of Indigenous Affairs (DIA). In November 2002 the Minister for Indigenous Affairs (hereinafter ‘the Minister’) made determinations in relation to specific Aboriginal sites and included the following general conditions:

Consent was granted to the Department of Mineral and Petroleum Resources (DMPR), on behalf of the Department of Land Administration (DOLA), to use the land for the expansion of the DBNGP. The consent can only be relied on while DMPR has direct control of all the land for which consent is granted, subject to the following conditions:

1. Pipeline construction activities are confined to the (widened) DBNGP corridor.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 9

6089 1010WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP 2. The placement of construction-related facilities (e.g. campsites), and any construction- related activity outside the corridor, including borrow pits, water extraction sites etc, only occur in places that have received specific clearance.

3. The proponent acts to minimise environmental disturbance during construction, in accordance with the wishes of the Aboriginal consultants.

4. The proponent honours commitments made to the Aboriginal people in relation to the management of Aboriginal sites.

5. Staff, contractors and sub-contractors associated with development within the corridor widening project area are briefed with respect to Aboriginal heritage issues. This should include, but is not limited to, the following:

• Obligations under the Act • Identification of Aboriginal sites; and • Protocols to be observed where Aboriginal heritage material or sites are encountered during the course of development.

6. Archaeological evaluation and monitoring is undertaken at areas considered to have a high potential to contain additional surface or sub-surface archaeological materials by a suitably qualified archaeologist, who is commissioned by the proponent and issued with a Section 16 permit, and who may be accompanied by Aboriginal monitors, as appropriate. This may include:

• Controlled archaeological test-excavation prior to the commencement of pipeline construction in order to evaluate the potential for stratified cultural deposits in the vicinity of major watercourse crossings as defined by Dames and Moore (2000). • Continuous monitoring of sub-surface disturbance associated with pipeline construction where this intersects: - Major and minor watercourse crossings as defined by Dames and Moore (2000) - Major claypan features (e.g. Peepingee and Murchison claypans) - Linear and fixed dune systems ( and Carnarvon regions) - Other areas identified by Aboriginal informants as being of concern. • On-going monitoring of disturbance associated with construction, including vegetation clearance and other development activity.

For the full list of section 18 conditions related to this consent, see Appendix 1.

In February 2003, the Department of Industry and Resources (DOIR) submitted a section 18 application to use the land containing three (3) sites between Kwinana and Bunbury, also for the purpose of widening the pipeline corridor. The sites included the Serpentine River (DIA 3582), the Murray River (3537) and the Brunswick River (DIA 17776).

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 10

6089 1111WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

The February 2003 section 18 application was granted consent in May 2003. For details of the conditions, see Appendix 3.

A further section 18 application was made by the Department of Industry and Resources in October 2003 in relation to land containing: the Swan River (DIA 3536), the (DIA 3538), the (DIA 3758), the Southern River (3511) and Munday Swamp/Poison Gully (DIA 3888). Consent was granted in December 2003, for details of the conditions, see Appendix 2.

4. THE PROJECT- TECHNICAL ASPECTS

4.1 Pipeline Construction Construction is typically carried out within a 20 to 30 metre wide easement or right-of- way (ROW), using a production line approach. A number of specialised crews pass along the corridor fabricating and installing the pipeline, then backfilling and rehabilitating the right-of-way. The pipeline will be constructed and operated in accordance with the requirements of AS2885 Pipelines — Gas and Liquid Petroleum and the APIA Code of Environmental Practice (1998).

Table 1: Pipeline Construction Activities Activity Description Detailed Survey Engineering, environmental and cultural heritage surveys will be undertaken to determine whether special construction techniques or mitigatory measures are required. Once completed the centreline is surveyed and the engineering aspects are finalised. Marker pegs identify the pipeline route and rights-of-way. Fencing Severed fences are replaced with construction gates. Clear and Grade Graders and bulldozers are used to clear the right-of-way of vegetation and topsoil ready for construction to commence. Vegetation and topsoil is stockpiled separately on the right-of- way. Topsoil will typically be graded to a depth of 100 to 150 mm for a blade-width over the trench line, or the entire working side or the full right-of-way, depending on factors such as the soil type, terrain, construction requirements and weather conditions.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 11

6089 1212WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP Activity Description Trenching After the route is cleared, a trench (approx. 1.8 metres in depth) is dug for the pipeline, either by trenching machine or excavator. Trench spoil is stockpiled on the right-of-way, usually on the non-working side. Top soil from the trench, to a depth of 200 mm, will be stockpiled separately from the subsoil. The trench will be monitored daily for fauna entrapment, and shelters (Hessian bags or equivalent) will be placed in the trench to provide protection for fauna that temporarily occupy the trench. Trench ends will be ramped to allow any larger fauna to escape. Stringing Steel pipe sections, each approximately 18 metres long, are laid end-to-end next to the trenches. The sections are placed on sandbags placed on blocks of wood (timber skids), to protect the pipe from corrosion and coating damage. Bending Where required, pipe sections are bent to match change in elevation or direction of the route. Welding Pipe sections are welded together. X-raying The pipes are inspected using x-ray equipment as per AS 2885.2-1995. Joint Coating The area around the weld is grit blasted and coated with a protective anti-corrosive coating. Padding Where required, padding machines are used to sift the excavated subsoil to remove coarse materials. To protect the pipe coating the remaining fine material is used to pad beneath and on top of the buried pipe. In some instances (e.g. very rocky soils) imported sand or foam pillows are used for bedding under the pipe. Lowering-in Sidebooms (bulldozers with cranes) or excavators are used to lower the welded pipe into the trench. Backfilling Trench spoil (subsoil and topsoil) is returned to the trench and compacted to minimise the risk of subsidence.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 12

6089 1313WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP Activity Description Pressure Testing Pipeline integrity is verified using hydrostatic testing in accordance with AS 2885.5. During hydrostatic testing the pipeline is capped with test manifolds, filled with water and pressurised up to 125% of operating pressure for a minimum of two hours. A 24-hour leak test or a 3-hour combined strength and leak test then follows. Providing it meets water quality guidelines and has landholder approval, hydrotest water is discharged to the surrounding environment. If water fails to meet quality guidelines it will be treated prior to disposal, e.g., by chemical neutralisation. Hydrotest water is sometimes treated with chemicals such as a biocide, oxygen scavengers and corrosion inhibitors prior to testing. An oxygen scavenger may be used in this instance; however this may not be necessary for the smaller loops or shorter testing periods. Restoration and The easement is re-contoured to match surrounding landforms Rehabilitation and erosion controls are constructed where appropriate. Separately stockpiled topsoil is then spread evenly across the easement and any cleared vegetation placed across the easement, to assist in soil retention and retention of seed stock. If necessary, re-seeding or revegetation of the easement, using appropriate (i.e., indigenous or native) species may be undertaken to restore vegetation cover. Signage Information signs are erected along the easement as per AS 2885.1-1997.

Watercourses may be crossed using either open trench or horizontal directional drilling methods, depending on the outcome of any site-specific feasibility studies.

A comprehensive Construction Environmental Management Plan is prepared prior to construction, which will detail specific environmental management measures to be implemented along the corridor.

4.2 Post-construction Given that the pipeline will be underground, land users are able to resume previous land use activities above the pipeline provided that it does not include excavation activities. Whilst deep rooted vegetation cannot be re-established across the pipeline or within a distance of three (3) metres either side of the midline of the pipeline, due to potential damage of the pipe corrosion protection systems, grasslands can be re-established, and no long term impacts would be expected to affect such ecosystems.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 13

6089 1414WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

5. METHODOLOGY The following study was completed by dealing separately with each section of the pipeline. Information has been sourced from previous reports and Section 18 consents provided by the proponent. An overview of the reports is included below, in ‘Heritage Evaluation’. Information specific to each Section will be included under the relevant heading.

The DIA Aboriginal Heritage Inquiry System (www.dia.wa.gov.au) was utilised to conduct a search of the DIA Register of Aboriginal Sites, to ascertain the number and nature of sites known to exist within 100 metres to the east and west of the existing pipeline. The search involved accessing the database on-line, downloading the results and using GIS software Mapinfo to plot the registered sites on a map to indicate their proximity to the proposed works. Tables were also developed to organise the data according to the correlating Section.

Each Section chapter includes recommendations that relate particularly to the area under consideration. At the end of the report, the recommendations will be presented as a whole, to be read in conjunction with the recommendations for each Section.

The discussion at the end of the report outlines the key findings of the report, bringing together the information from each section, in order to provide a practical approach to the management of Aboriginal heritage matters of this project. 6. ARCHAEOLOGICAL VARIANCE Every effort is made to locate archaeological sites through survey and predictive modelling; however there is never complete assurance that all sites within a study area are identified. There are a number of contributing factors which cause sites to be overlooked during survey or to be uncovered after surveys:

• While archaeological surveys attempt to cover as much of the ground as possible, surveys do not cover 100% of ground.

• Additionally surface visibility is affected by weather conditions and vegetation density which impacts the efficacy of archaeological surveys. Thus sites may not be located during initial surveys.

• Archaeological material may also be exposed by natural or human factors. Archaeological sites can be exposed through erosion by wind or flood, dune deflation, tree fall, or frost heave. Sites may also be unearthed by excavation and development.

Despite surveys and archaeological predictive modelling it is not always possible to determine precisely when and where sites will occur.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 14

6089 1515WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

7. HERITAGE EVALUATION SECTIONS The previous heritage evaluations performed on the DBNGP include the West Australian Museum’s initial archaeological survey of the pipeline route (WAM 1979), the secondary archaeological survey of the original corridor (Pickering 1982), the survey conducted by Lantzke and Parker (May 2000) of the proposed maintenance Borrow Pits, and the heritage surveys of the corridor expansion (McDonald, Hales and Associates in 2001a, and AIC in 2000 and 2001, and O’Connor 2000).

The West Australian Museum’s original survey in 1979 was a preliminary survey designed to provide an archaeological background to the regions through which the pipeline, as it was then proposed, would be built. A total of 126 sites were located along the route during this survey, of which the authors indicated that sixteen (16) were of a significant nature and should not be disturbed. No Aboriginal groups were consulted during this survey.

Pickering’s 1982 survey and a summary of the survey strategy and major findings (published in 1988) have not been located. However an overview of Pickering’s 1982 survey is provided in McDonald, Hales and Associates (2001a) report. Pickering’s survey was a series of nine reports prepared for the State Energy Commission by the Department of Aboriginal Sites of the Western Australian Museum. The overview reports Pickering’s estimate that the total area surveyed from Dampier to Wagerup was approximately 3000 kilometres in length by 100 metres in width. Of this area, only between 5% and 10% of the route was inspected. A total of 258 sites were identified, mainly stone artefacts.

McDonald, Hales and Associates conducted an archaeological and ethnographic survey on the corridor expansion in 2001, with addendums later that year and in 2003. The area surveyed did not extend further south than Bullsbrook. The archaeological survey used an environmentally stratified sampling strategy with target coverage of between 20% and 30%. The survey strategy of thirty-three (33) two-kilometre transects covered all previously recorded Aboriginal sites and eighty-six (86) newly recorded sites, and a further eighty-nine (89) isolated artefact finds designated PC-01 to PC-89. Aboriginal communities participated in the archaeological survey, and formal agreements were made with the Aboriginal Legal Service and the Yamatji Land and Sea Council.

The ethnographic consultation covered fifteen (15) Aboriginal language groups and fourteen (14) Native Title Claims. The results of the ethnographic survey confirmed the locations of fifteen (15) previously recorded Aboriginal sites and recorded a further six (6). This survey recommended several sites for a Section 18 application and also recommended reviews of many of the Section 18 applications granted for previous works.

Lantzke and Parker surveyed 18 borrow pit locations between Mardie Station and Eurady Station in 2000. Those pits were to facilitate emergency maintenance procedures should the pipeline be subjected to local washaway due to rainfall.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 15

6089 1616WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP AIC consulted with the Yaburarra and Coastal Mardudhunera people from MLV7 to Peter Creek (2000) and O’Connor (2001) consulted with the Wong-Goo-Tt-Oo people (this consultation resulted in the only known heritage agreement being completed between the NGPWG and an Indigenous group).

AIC consulted with the Widi Mob, the Pandawn claimants and the Yued people in the section 8 area of the corridor (June 2001 Vols 1 (Pandawn) & 2 (Widi) and December 2001). Relevant cultural aspects are referred to below. O’Connor consulted with the Franks family within their native title claim boundary and reported no cultural issues.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 16

6089 1717WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP 8 HERITAGE EVALUATION OF SECTION ONE MAIN LINE VALVE 7 TO COMPRESSOR STATION 1

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 17

6089 1818WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

8.1 Location The first section under consideration extends from MLV 7 to CS 1 (at MGA 391752E and 762767N) both in Zone 50. Major rivers in this section include the Maitland River, and Yanyare River while many creeks and unnamed waterways are also crossed (Condition 9, 2002).

8.2 Local Groups There are three Native Title Claims in the vicinity; the Kuruma Mardudhunera claim (WC99/012, previously WC96/51), the Yaburarra and Coastal Mardudhunera claim (WC96/089), and the Wong-goo-Tt-Oo claim (WC98/040).

8.3 Environment Section 1 is in the Pilbara Region. The geology in this area crosses three main structural units, the Pilbara Craton Capricorn, Orogen and Carnarvon Basin. The presence of laterite, silcrete and calcrete is a common feature of the corridor in the Pilbara and occurs over igneous, metamorphic and sedimentary rocks. Vegetation is located within the Eremaean Botanical Province, and classified as the Fortescue Botanical District (Beard 1975).

Named waterways which will be crossed in Section 1 are: Maitland River, Melford Creek, Yanyare River, Devil Creek, Mackey Creek, Du Boulay Creek, Fortescue River and Trevarton Creek. Various unnamed creeks will be crossed.

Concern has been expressed in the course of past surveys about the possible loss of plants used by Aboriginal people as food and medicine as a result of construction activity. It is incumbent on the developer to minimise the impact of this activity and where possible include any relevant species in the rehabilitation of disturbed areas.

8.4 Review of DIA research The search of Aboriginal Sites revealed sixty-four (64) registered sites within the pipeline corridor of Section 1. A summary of these sites is included below in Table 1.

Site ID Site Name Status Access Site Type Condition Action Required Pipeline Corridor 27 Fulfil previous Section 18 conditions 18020 (PC-27) S O ARTEFACTS 12 Pipeline Corridor 19 Fulfil previous Section 18 conditions 18009 (PC-19) P O ARTEFACTS 12 Pipeline Corridor 20 Fulfil previous Section 18 conditions 18010 (PC-20) P O ARTEFACTS 12 8286 Natgas 259 I O ARTEFACTS 13 Fulfil previous Section 18 conditions 6559 Du Boulay Creek P O ARTEFACTS 13 Fulfil previous Section 18 conditions 10535 Gas Pipeline 38 P O ARTEFACTS 13 Fulfil previous Section 18 conditions 10537 Gas Pipeline 40 I O ARTEFACTS 13 Fulfil previous Section 18 conditions 8282 Natgas 255 S O ARTEFACTS 13 Fulfil previous Section 18 conditions

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 18

6089 1919WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

Mainland (Maitland Fulfil previous Section 18 conditions 16259 River) Site 30 P O Q, ART, G 13 10536 Gas Pipeline 39 I O ARTEFACTS 13 Fulfil previous Section 18 conditions Pipeline Corridor 08 Fulfil previous Section 18 conditions 18001 (PC-08) S O ARTEFACTS 14 Pipeline Corridor 26 Fulfil previous Section 18 conditions 18019 (PC-26) P O ARTEFACTS 14 Pipeline Corridor 05 Fulfil previous Section 18 conditions 17998 (PC-05) S O ARTEFACTS 14 Pipeline Corridor 12 Fulfil previous Section 18 conditions 18005 (PC-12) S O ARTEFACTS 14 Pipeline Corridor 06 Fulfil previous Section 18 conditions 17999 (PC-06) S O ARTEFACTS 14 Pipeline Corridor 32 Fulfil previous Section 18 conditions 18025 (PC-32) S O ARTEFACTS 14 Pipeline Corridor 15 Fulfil previous Section 18 conditions 18014 (PC-15) P O ARTEFACTS 14 Pipeline Corridor 16 Fulfil previous Section 18 conditions 18015 (PC-16) S O ARTEFACTS 14 Pipeline Corridor 09 Fulfil previous Section 18 conditions 18002 (PC-09) S O ARTEFACTS 14 Pipeline Corridor 10 Fulfil previous Section 18 conditions 18003 (PC-10) S O ARTEFACTS 14 Pipeline Corridor 13 Fulfil previous Section 18 conditions 18006 (PC-13) S O ARTEFACTS 14 Pipeline Corridor 17 Fulfil previous Section 18 conditions 18007 (PC-17) P O ARTEFACTS 14 Pipeline Corridor 31 Q, Fulfil previous Section 18 conditions 18024 (PC-31) P O ARTEFACTS 16 Q, Fulfil previous Section 18 conditions 8287 Natgas 260 P O ARTEFACTS 16 8042 Cajuput Well Midden P O Q, ART, MD 17 Fulfil previous Section 18 conditions Pipeline Corridor 03 (Pc- Fulfil previous Section 18 conditions 17996 03) P O ARTEFACTS 18 Pipeline Corridor 11 (Pc- Fulfil previous Section 18 conditions 18004 11) S O ARTEFACTS 18 Pipeline Corridor 23 (Pc- Fulfil previous Section 18 conditions 18013 23) P O ARTEFACTS 18 Pipeline Corridor 01 (Pc- Fulfil previous Section 18 conditions 17995 01) P O ARTEFACTS 18 Pipeline Corridor 07 (Pc- Fulfil previous Section 18 conditions 18000 07) P O ARTEFACTS 18 Pipeline Corridor 04 (Pc- Fulfil previous Section 18 conditions 17997 04) P O ARTEFACTS 18 8042 Cajuput Well Midden P O Q, ART, MD 20 Fulfil previous Section 18 conditions Mainland (Maitland ARTEFACTS, Fulfil previous Section 18 conditions 16587 River) Site 31 I O G 22 10526 Gas Pipeline 29 P O ARTEFACTS 23 Fulfil previous Section 18 conditions Devil Creek, Mardie Fulfil previous Section 18 conditions 11816 Station P O E, G 23 C, Fulfil previous Section 18 conditions 715 Wuntarri Muka P O ARTEFACTS 24 18099 Eramurra Creek 1 I O - Further research required 8071 Borrow Pit 10 P O ARTEFACTS - Further research required Gas Pipeline 31/Mckay Further research required 10528 Crk I O ARTEFACTS - 10534 Gas Pipeline 37 I O ARTEFACTS - Further research required Pipeline Corridor 25 (Pc- Further research required 18018 25) P O ARTEFACTS - Devil Brook Government Further research required 18098 Well Camp P O CAMP - 10682 Western Lease 02 I O ARTEFACTS - Further research required

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 19

6089 2020WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

18092 Devil Creek 3 P O ARTEFACTS - Further research required 18094 Du Boulay Creek West 2 P O ARTEFACTS - Further research required Pipeline Corridor 24 Further research required 18017 (PC-24) P O ARTEFACTS - 10532 Gas Pipeline 35 I O ARTEFACTS - Further research required Mullewa Stock Route ARTEFACTS, Further research required 18097 Camp P O G - Pipeline Corridor 22 Further research required 18012 (PC-22) S O ARTEFACTS - 18088 Maitland River S C C, M, HIST - Further research required 18091 Devil Creek Camp P C ART, HIST - Further research required 18089 Yanyare River S C C, M, HIST - Further research required 8070 Borrow Pit 9 P O ARTEFACTS - Further research required 18093 Du Boulay Creek West 1 P O ARTEFACTS - Further research required 10523 Gas Pipeline 26 P O ARTEFACTS - Further research required 8283 Natgas 256 S O ARTEFACTS - Further research required 18090 Devil Brook East P O ARTEFACTS - Further research required Pipeline Corridor 21 (Pc- Further research required 18011 21) P O ARTEFACTS - 16143 Burrup Pipeline Site 25 P O ARTEFACTS - Further research required Site not relocated McD H Site Ass 2001 10527 Gas Pipeline 30 I O ARTEFACTS N/A Not a site Site probably disturbed by previous works 10529 Gas Pipeline 32 I O ARTEFACTS N/A but field survey recommended 10524 Gas Pipeline 27 I O ARTEFACTS N/A Site not relocated McD H Ass 2001 10533 Gas Pipeline 36 I O ARTEFACTS N/A Site not relocated McD H Site Ass 2001 Table 1: DIA sites within Section 1

8.5 Issues • Thirty-six (36) of the above registered sites have section 18 consents and conditions related to them. For the full list of section 18 conditions refer to Appendix 1. • Four (4) of the above registered sites (DIA 10527, DIA 10529, DIA 10524 and DIA 10533) could not be relocated by McDonald Hales and Associates in 2001 and were therefore deemed not valid sites for the section 18 application (2001). • Twenty-three (23) of the above registered sites are not covered by current section 18 consents. • DIA site 8283 & 10527 is stored data on DIA register, and according to the current ACMC DIA standards isolated artefacts do not qualify a site.

It is not clear why a large number (23) of the registered sites in this section of the pipeline were not covered by the section 18 conditions, although the sites’ DIA polygons fall within the boundaries of the pipeline corridor. The sites are both ethnographic and archaeological and are represented across the range of register statuses, from permanent and interim to classification as archived or stored data. These sites will require further investigation to determine their particular relationships to the pipeline corridor prior to works commencing. This will entail site file research and an archaeological assessment to locate and determine their actual condition.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 20

6089 2121WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

8.6 Conclusions The proposed works will involve ground disturbance. Therefore, consultations with the relevant local Aboriginal group/s should be conducted to arrange for appropriate heritage management during construction. This is most likely to be undertaken with representatives of Native Title claimant groups (see above) and those involved in the heritage surveys.

8.7 Recommendations • It is recommended that the Section 18 conditions relating to each site in Section 1 are fulfilled. • It is recommended that prior to works taking place, the proponent seek further information regarding those sites not covered by existing Section 18 consents. The material details of the sites will need to be researched. • It is recommended that an archaeologist undertake a site assessment survey, prior to works, to identify and verify each registered DIA site within the full corridor. • It is recommended that appropriate heritage management procedures be put in place (marking, fencing, section 18 applications etc.) • It is recommended that all ground disturbing activities during construction should be monitored, under Section 16 of the Act, as determined by the Minister in 2002. Where necessary, a Section 16 permit will need to be sought. • It is recommended that Alinta ensure that all staff and contractors are made fully aware of their obligations and responsibilities under the Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 21

6089 2222WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

9 HERITAGE EVALUATION OF SECTION TWO END OF LOOP 1 TO COMPRESSOR STATION 2

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 22

6089 2323WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

9.1 Location The second section to be considered extends from the end of Loop 1 (at MGA 384600E and 7618537N) to CS 2 (at MGA 319177E and 7513673N) both in Zone 50. Major rivers in this section include the and the Cane River while many creeks and unnamed waterways are also crossed (Condition 9, 2002). There is one claypan 3km to the northeast of CS 2, which is well outside the corridor.

9.2 Local groups There is a short distance between the end of the stage 4 looping and the edge of the Kuruma Martudhunera NTC before the pipeline crosses an extent of country presently not under Native Title Claim. However, the Martudhunera people are preparing to lodge such a claim in the immediate future. The corridor enters the Thalanyji Claim (WC99/045) just south of Peedamulla Station and stays within that group’s claim beyond CS 2.

9.3 Environment This section lies entirely within the Carnarvon Basin. In the northern Carnarvon region, the surface is formed predominantly from unconsolidated Quarternary deposits with granite outcrops. Near the Ashburton River (just south of CS 2), soils are predominantly hard alkaline with cracking clays, ironstone gravels and loamy soils developed on calcrete. The vegetation is located in the Carnarvon Botanical District (Beard 1975).

Named waterways which will be crossed in Section 2 are: Robe River, Warramboo Creek, Peedamulla Creek, Cane River and Peepingee Creek. Peter Creek was crossed by the Stage 4 looping.

Concern has been expressed in the course of past surveys about the possible loss of plants used by Aboriginal people as food and medicine as a result of construction activity. It is incumbent on the developer to minimise the impact of this activity and where possible include any relevant species in the rehabilitation of disturbed areas.

9.4 Heritage Evaluation The previous heritage evaluations performed on this section of the DBNGP include the West Australian Museum’s initial archaeological survey of the pipeline route (WAM 1979), the secondary archaeological survey of the original pipeline corridor (Pickering 1982) and the archaeological survey of the corridor expansion (McDonald, Hales and Associates 2001a).

9.5 Review of DIA research The search of Aboriginal Sites revealed eighteen (18) registered sites within the pipeline corridor of Section 2. A summary of these sites is included below in Table 2.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 23

6089 2424WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

Site ID Site Name Status Access Site Type Condition Action Required Pipeline Corridor 36 Fulfil previous Section 18 18029 (PC-36) S O ART 12 conditions Fulfil previous Section 18 10543 Gas Pipeline 46 P O E, ART 13 conditions Fulfil previous Section 18 10540 Gas Pipeline 43 I O ART, MD 13 conditions Fulfil previous Section 18 10548 Gas Pipeline 51 P O ART, G 13 conditions Pipeline Corridor 35 Fulfil previous Section 18 18028 (Pc-35) S O ART 14 conditions Pipeline Corridor 34 Fulfil previous Section 18 18027 (Pc-34) S O ART 14 conditions Fulfil previous Section 18 10545 Gas Pipeline 48 P O ART, G 17 and 19 conditions Fulfil previous Section 18 10544 Gas Pipeline 47 P O ART, G 17 and 19 conditions Fulfil previous Section 18 10546 Gas Pipeline 49 P O ART 17 and 19 conditions Pipeline Corridor 38 Further research required 18031 (Pc-38) P O ART - 10547 Gas Pipeline 50 I O ART - Further research required 8909 Natgas 153 S O ART - Further research required 10499 Gas Pipeline 56 I I ART - Further research required 10500 Gas Pipeline 57 I O ART, G - Further research required 10538 Gas Pipeline 41 P O ART - Further research required 10539 Gas Pipeline 42 I O ART - Further research required Peedamulla Sacred Site located well outside corridor, 11988 Store. P C RP, ART - ensure works do not impact site Site not relocated, thought 10501 Gas Pipeline 58 I O ART N/A destroyed McD H Ass 2001 Table 2: DIA sites within Section 2

9.6 Issues • Nine (9) of the above registered sites have section 18 consents and conditions related to them. For the full list of section 18 conditions refer to Appendix 1. • One (1) of the above registered sites (DIA 10501) could not be relocated by McDonald Hales and Associates in 2001 and was therefore deemed not a valid site for the section 18 application (2001). • Eight (8) of the above registered sites are not covered by current section 18 consents.

It is not clear why a number (8) of the registered sites in this section of the pipeline were not covered by the section 18 conditions, although the sites’ DIA polygons fall within the boundaries of the pipeline corridor. The sites are predominantly archaeological and are represented across the range of register statuses, from permanent and interim to classification as archived or stored data. These sites will require further investigation to determine their particular relationships to the pipeline corridor prior to works commencing. This will entail site file research and an archaeological survey to determine their actual condition.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 24

6089 2525WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

9.7 Conclusions The proposed works will involve ground disturbance. Therefore, consultations with the relevant local Aboriginal group/s should be conducted to arrange for appropriate heritage management during construction. This is most likely to be undertaken with representatives of Native Title claimant groups (see above) and those involved in the heritage surveys.

9.8 Recommendations • It is recommended that the Section 18 conditions relating to each site in Section 2 are fulfilled. • It is recommended that prior to works taking place, the proponent seek further information regarding those sites not covered by existing Section 18 consents. The material details of the sites will need to be researched. • It is recommended that an archaeologist undertake a site assessment survey, prior to works, to identify and verify each registered DIA site within the full corridor. • It is recommended that appropriate heritage management procedures be put in place (marking, fencing, section 18 applications etc.) • It is recommended that all ground disturbing activities during construction should be monitored, under Section 16 of the Act, as determined by the Minister in 2002. Where necessary, a Section 16 permit will need to be sought. • It is recommended that Alinta ensure that all staff and contractors are made fully aware of their obligations and responsibilities under the Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 25

6089 2626WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

10. HERITAGE EVALUATION OF SECTION THREE END OF LOOP 2 TO COMPRESSOR STATION 3

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 26

6089 2727WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

10.1 Location The third section under consideration extends from Loop 2 (at MGA 305529) to CS 3 (at MGA 311083E, 7383133N), both in Zone 50. This section includes crossing the Yannerie River and the Lyndon River (Condition 9, 2001). There are a number of claypans located to the south of the Ashburton River, however these are in proximity to the Looping section and therefore will not be affected by Section 3.

10.2 Local groups There are three (3) Native Title Claims in the vicinity of Section 3: the Gnulli Claim (WC97/028), the Thalanyji (WC99/045) and the Budina Claim (WC04/005).

10.3 Environment Section 3 lies entirely within the Carnarvon Basin. In the northern Carnarvon region, the surface is formed predominantly from unconsolidated Quarternary deposits, with granite outcrops. The vegetation is located in the Carnarvon Botanical District (Beard 1975).

Named waterways which will be crossed in Section 3 are: Yannarie River and Lyndon River. The Ashburton River was crossed by the Stage 4 looping.

Concern has been expressed in the course of past surveys about the possible loss of plants used by Aboriginal people as food and medicine as a result of construction activity. It is incumbent on the developer to minimise the impact of this activity and where possible include any relevant species in the rehabilitation of disturbed areas.

10.4 Heritage Evaluation The previous heritage evaluations performed on this section of the DBNGP include the West Australian Museum’s initial archaeological survey of the pipeline route (WAM 1979), the secondary archaeological survey of the original pipeline corridor (Pickering 1982) and the heritage survey of the corridor expansion (McDonald, Hales and Associates 2001a).

10.5 Review of DIA research The search of Aboriginal Sites revealed thirty (30) registered sites within the pipeline corridor of Section 3. A summary of these sites is included below in Table 3.

Site ID Site Name Status Access Site Type Condition Action Required 9413 Natgas 005 S O ART 11 Fulfil previous Section 18 conditions 9415 Natgas 007 S O ART 11 Fulfil previous Section 18 conditions 9417 Natgas 009 S O ART 11 Fulfil previous Section 18 conditions 9419 Natgas 011 S O ART 11 Fulfil previous Section 18 conditions 8898 Natgas 142 S O ART 11 Fulfil previous Section 18 conditions 8901 Natgas 145 I O ART 11 Fulfil previous Section 18 conditions 9412 Natgas 004 S O ART 11 Fulfil previous Section 18 conditions 9421 Natgas 013 S O ART 11 Fulfil previous Section 18 conditions

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 27

6089 2828WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

9418 Natgas 010 S O ART 11 Fulfil previous Section 18 conditions 9416 Natgas 008 S O ART 11 Fulfil previous Section 18 conditions 8900 Natgas 144 I O ART 11 Fulfil previous Section 18 conditions 9368 Natgas 016 I O ART 11 Fulfil previous Section 18 conditions 9370 Natgas 018 S O ART 11 Fulfil previous Section 18 conditions 9414 Natgas 006 S O ART 11 Fulfil previous Section 18 conditions 9420 Natgas 012 S O ART 11 Fulfil previous Section 18 conditions 9422 Natgas 014 S O ART 11 Fulfil previous Section 18 conditions Pipeline Corridor 40 Fulfil previous Section 18 conditions 18080 (Pc-40) P O G 12 Pipeline Corridor 42 Fulfil previous Section 18 conditions 18033 (Pc-42) S O ART 12 Pipeline Corridor 41 Fulfil previous Section 18 conditions 18032 (Pc-41) S O ART 12 Pipeline Corridor 39 Fulfil previous Section 18 conditions 18081 (Pc-39) S O G 14 8773 Natgas 240 S O ART 14 Fulfil previous Section 18 conditions 17, 19, 27 Fulfil previous Section 18 conditions 9410 Natgas 002 P O E, G and 29 8902 Natgas 146 P O ART - Further research required 9371 Natgas 019 S O ART - Further research required 9423 Natgas 015 I O ART - Further research required 8774 Natgas 241 S O ART - Further research required 9409 Natgas 001 S O ART - Further research required 9369 Natgas 017 I O ART - Further research required 10390 Gas Pipeline 62 I O ART - Further research required Table 3: DIA sites within Section 3

10.6 Issues • Twenty-two (22) of the above registered sites have section 18 consents and conditions related to them. For the full list of section 18 conditions refer to Appendix 1. • Seven (7) of the above registered sites are not covered by current section 18 consents.

It is not clear why a number (7) of the registered sites in this section of the pipeline were not covered by the section 18 conditions, although the sites’ DIA polygons fall within the boundaries of the pipeline corridor. The sites are archaeological and are represented across the range of register statuses, from permanent and interim to classification as archived or stored data. These sites will require further investigation to determine their particular relationships to the pipeline corridor prior to works commencing. This will entail site file research and an archaeological survey to determine their actual condition.

10.7 Conclusions The proposed works will involve ground disturbance. Therefore, consultations with the relevant local Aboriginal group/s should be conducted to arrange for appropriate heritage management during construction. This is most likely to be undertaken with representatives of Native Title claimant groups (see above) and those involved in the

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 28

6089 2929WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP heritage surveys.

10.8 Recommendations • It is recommended that the Section 18 conditions relating to each site in Section 3 are fulfilled. • It is recommended that prior to works taking place, the proponent seek further information regarding those sites not covered by existing Section 18 consents. The material details of the sites will need to be researched. • It is recommended that an archaeologist undertake a site assessment survey, prior to works, to identify and verify each registered DIA site within the full corridor. • It is recommended that appropriate heritage management procedures be put in place (marking, fencing, section 18 applications etc.) • It is recommended that all ground disturbing activities during construction should be monitored, under Section 16 of the Act, as determined by the Minister in 2002. Where necessary, a Section 16 permit will need to be sought. • It is recommended that Alinta ensure that all staff and contractors are made fully aware of their obligations and responsibilities under the Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 29

6089 3030WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

11. HERITAGE EVALUATION OF SECTION FOUR END OF LOOP 3 TO COMPRESSOR STATION 4

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 30

6089 3131WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

11.1 Location Section 4 extends from Loop 3 (at MGA coordinates 313855E, 7359465N) to CS 4 (at MGA 327420E, 7250924N), both in Zone 50. Major rivers in this section include the Mnilya River South Branch and while many creeks and unnamed waterways are also crossed (Condition 9, 2002).

11.2 Local groups There are two (2) Native Title Claims in the vicinity of Section 4: the Thudgari Claim (WC97/095) and the Gnulli Claim 9WC97/028.

11.3 Environment Section 4 lies entirely within the Carnarvon Basin and the vegetation is in the Carnarvon Botanical District (Beard 1975).

Named waterways which will be crossed in Section 4 are: Manilya River south branch, Newman Creek, Lyons River, Davis Creek. Manilya River north branch was crossed by the Stage 4 looping.

Concern has been expressed in the course of past heritage surveys about the possible loss of plants used by Aboriginal people as food and medicine as a result of pipeline construction activities. It is incumbent on the developer to minimise the impact of these activities and where possible include any relevant species in the rehabilitation of disturbed areas.

11.4 Heritage Evaluation The previous heritage evaluations performed on this section of the DBNGP include the West Australian Museum’s initial archaeological survey of the pipeline route (WAM 1979), the secondary archaeological survey of the original pipeline corridor (Pickering 1982) and the archaeological survey of the corridor expansion (McDonald, Hales and Associates 2001a, 2001b).

11.5 Review of DIA research The search of Aboriginal Sites revealed thirty (30) registered sites within the pipeline corridor of Section 4. A summary of these sites is included below in Table 4.

Site Site ID Site Name Status Access Type Condition Action Required 9345 Natgas 049 I O ART 11 Fulfil previous Section 18 conditions 9394 Natgas 042 I O ART 11 Fulfil previous Section 18 conditions 9367 Natgas 071 S O ART 11 Fulfil previous Section 18 conditions 9376 Natgas 024 I O ART 11 Fulfil previous Section 18 conditions 9320 Natgas 076 I O ART 11 Fulfil previous Section 18 conditions 9395 Natgas 043 I O S 11 Fulfil previous Section 18 conditions 9340 Natgas 044 I O ART 11 Fulfil previous Section 18 conditions

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 31

6089 3232WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

9377 Natgas 025 S O ART 11 Fulfil previous Section 18 conditions Pipeline Corridor Fulfil previous Section 18 conditions 18049 59 (Pc-59) S O ART 12 9373 Natgas 021 I O ART 13 Fulfil previous Section 18 conditions 9393 Natgas 041 I O ART 13 Fulfil previous Section 18 conditions 9388 Natgas 036 I O ART 13 Fulfil previous Section 18 conditions 9387 Natgas 035 I O ART 13 Fulfil previous Section 18 conditions 9373 Natgas 021 I O ART 14 Fulfil previous Section 18 conditions Pipeline Corridor Fulfil previous Section 18 conditions 18046 56 (PC-56) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18051 61 (PC-61) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18037 46 (PC-46) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18041 50 (PC-50) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18043 53 (PC-53) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18079 52 (PC-52) P O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18036 45 (PC-45) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18039 48 (PC-48) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18040 49 (PC-49) P O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18050 60 (PC-60) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18052 62 (PC-62) P O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18054 64 (PC-64) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18053 63 (PC-63) P O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18047 57 (PC-57) P O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18055 65 (PC-65) P O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18045 55 (PC-55) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18057 67 (PC-67) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18048 58 (PC-58) P O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18038 47 (PC-47) S O ART 14 Pipeline Corridor Fulfil previous Section 18 conditions 18044 54 (PC-54) S O ART 14 9373 Natgas 021 I O ART 15 Fulfil previous Section 18 conditions Pipeline Corridor Fulfil previous Section 18 conditions 18056 66 (Pc-66) P O ART 16 9393 Natgas 041 I O ART 17 Fulfil previous Section 18 conditions 9321 Natgas 077. P O E, ART 17 Fulfil previous Section 18 conditions Pipeline Corridor Fulfil previous Section 18 conditions 18042 51 (Pc-51) P O ART 18 9321 Natgas 077. P O E, ART 20 Fulfil previous Section 18 conditions Damper Creek C, M, Fulfil previous Section 18 conditions 10343 Ceremonial P C ART 28 Damper Creek C, M, Fulfil previous Section 18 conditions 10343 Ceremonial P C ART 29 9364 Natgas 068 S O ART - Further research required 8809 Natgas 221 I O ART - Further research required

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 32

6089 3333WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

9391 Natgas 039 S O ART - Further research required 9344 Natgas 048 I O ART - Further research required 8805 Natgas 217 S O ART - Further research required 9317 Natgas 073 S O ART - Further research required 9318 Natgas 074 S O ART - Further research required Pipeline Corridor Further research required 18045 55 (PC-55) S O ART - Pipeline Corridor Further research required 18058 68 (PC-68) S O ART - 9374 Natgas 022 I O ART - Further research required 9346 Natgas 050 I O ART - Further research required 9365 Natgas 069 S O ART - Further research required 9375 Natgas 023 I O ART - Further research required 9378 Natgas 026 P O ART - Further research required 9316 Natgas 072 I O ART - Further research required 9363 Natgas 067 S O ART - Further research required 9366 Natgas 070 S O ART - Further research required 10341 Gas Pipeline 66 I O ART - Further research required 9386 Natgas 034 P O ART - Further research required 9390 Natgas 038 I O ART - Further research required 9389 Natgas 037 I O ART - Further research required 9392 Natgas 040 I O ART - Further research required 9342 Natgas 046 I O ART - Further research required 9380 Natgas 028 S O ART - Further research required Pipeline Corridor Further research required 18059 69 (Pc-69) P O ART - 9379 Natgas 027 P O ART - Further research required 9341 Natgas 045 I O ART - Further research required 9384 Natgas 032 P O ART - Further research required 10340 Gas Pipeline 65 I O ART - Further research required MYTH, Further research required March Fly Thalu CERE, 12033 Site P C MM - 9385 Natgas 033 I O ART - Further research required Table 4: DIA sites within Section 4

11.6 Issues • Forty-two (42) of the above registered sites have section 18 consents and conditions related to them. For the full list of section 18 conditions refer to Appendix 1. • Thirty-one (31) of the above registered sites are not covered by current section 18 consents.

It is not clear why a large number (31) of the registered sites in this section of the pipeline were not covered by the section 18 conditions, although the sites’ DIA polygons fall within the boundaries of the pipeline corridor. The sites are all archaeological, consisting of artefact scatters. The sites cover the range of register statuses, from permanent and interim to classification as archived or stored data. These sites will require further investigation to determine their particular relationships to the pipeline corridor prior to

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 33

6089 3434WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP works commencing. This will entail site file research and an archaeological survey to determine their actual condition.

11.7 Conclusions The proposed works will involve ground disturbance. Therefore, consultations with the relevant local Aboriginal group/s should be conducted to arrange for appropriate heritage management during construction. This is most likely to be undertaken with representatives of Native Title claimant groups (see above) and those involved in the heritage surveys.

11.8 Recommendations • It is recommended that the Section 18 conditions relating to each site in Section 4 are fulfilled. • It is recommended that prior to works taking place, the proponent seek further information regarding those sites not covered by existing Section 18 consents. The material details of the sites will need to be researched. • It is recommended that an archaeologist undertake a site assessment survey, prior to works, to identify and verify each registered DIA site within the full corridor. • It is recommended that appropriate heritage management procedures be put in place (marking, fencing, section 18 applications etc.) • It is recommended that all ground disturbing activities during construction should be monitored, under Section 16 of the Act, as determined by the Minister in 2002. Where necessary, a Section 16 permit will need to be sought. • It is recommended that Alinta ensure that all staff and contractors are made fully aware of their obligations and responsibilities under the Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 34

6089 3535WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

12. HERITAGE EVALUATION OF SECTION FIVE END OF LOOP 4 TO COMPRESSOR STATION 5

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 35

6089 3636WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

12.1 Location Section 5 extends from the end of Loop 4 (at MGA coordinates 326656E, 7227017N) to CS 5 (at MGA 322428E, 7113281N), both in Zone 50. is the main river crossing in this section, while there are many unnamed ephemeral waterways also in the path of the corridor.

12.2 Local groups There are two (2) Native Title Claims in the vicinity of Section 5: the Gnulli Claim (WC97/028) and the Malgana Shark Bay People’s Application (WC98/017).

12.3 Environment Section 5 lies entirely within the Carnarvon Basin and the vegetation is in the Carnarvon Botanical District (Beard 1975).

Named waterways which will be crossed in Section 5 are: Jacobs Gully and Wooramel River. Davis Creek and the River were crossed by the Stage 4 looping.

Concern has been expressed in the course of past heritage surveys about the possible loss of plants used by Aboriginal people as food and medicine as a result of construction activity. It is incumbent on the developer to minimise the impact of this activity and where possible include any relevant species in the rehabilitation of disturbed areas.

12.4 Heritage Evaluation The previous heritage evaluations performed on this section of the DBNGP include the West Australian Museum’s initial archaeological survey of the pipeline route (WAM 1979), the secondary archaeological survey of the original pipeline corridor (Pickering 1982) and the archaeological survey of the corridor expansion (McDonald, Hales and Associates 2001a).

12.5 Review of DIA research The search of Aboriginal Sites revealed twenty-seven (27) registered sites within the pipeline corridor of Section 5. A summary of these sites is included below in Table 5.

Site ID Site Name Status Access Site Type Condition Action Required 9337 Natgas 093 I O ART 11 Fulfil previous Section 18 conditions 9291 Natgas 098 I O ART 11 Fulfil previous Section 18 conditions 9333 Natgas 089 I O ART 11 Fulfil previous Section 18 conditions 9336 Natgas 092 I O ART 11 Fulfil previous Section 18 conditions 9293 Natgas 100 I O ART 11 Fulfil previous Section 18 conditions 9292 Natgas 099 P O Q, ART 11 Fulfil previous Section 18 conditions 9338 Natgas 094 I O ART 13 Fulfil previous Section 18 conditions Pipeline Corridor 80 Fulfil previous Section 18 conditions 18070 (Pc-80) S O ART 14 Pipeline Corridor 82 Fulfil previous Section 18 conditions 18072 (Pc-82) S O ART 14

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 36

6089 3737WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

Pipeline Corridor 83 Fulfil previous Section 18 conditions 18073 (Pc-83) S O ART 14 Pipeline Corridor 81 Fulfil previous Section 18 conditions 18071 (Pc-81) S O ART 14 Pipeline Corridor 78 Fulfil previous Section 18 conditions 18068 (Pc-78) P O ART 14 Pipeline Corridor 79 Fulfil previous Section 18 conditions 18069 (Pc-79) S O ART 14 Pipeline Corridor 77 Fulfil previous Section 18 conditions 18067 (Pc-77) P O ART 14 Pipeline Corridor 84 Fulfil previous Section 18 conditions 18074 (Pc-84) S O ART 14 9338 Natgas 094 I O ART 15 Fulfil previous Section 18 conditions 7440 Winderie Station P O S 18 Fulfil previous Section 18 conditions 7189 Bitter Bore Scatter P O Q, ART 18 Fulfil previous Section 18 conditions 6635 Bitter Bore P O ART 18 Fulfil previous Section 18 conditions Pipeline Corridor 77 Fulfil previous Section 18 conditions 18067 (Pc-77) P O ART 31 7189 Bitter Bore Scatter P O Q,ART - Further research required Pipeline Corridor 71 Further research required 18061 (Pc-71) P O ART - Pipeline Corridor 72 Further research required 18062 (Pc-72) P O ART - Pipeline Corridor 73 Further research required 18063 (Pc-73) S O ART - Pipeline Corridor 74 Further research required 18064 (Pc-74) P O ART - Pipeline Corridor 75 Further research required 18065 (Pc-75) P O ART - Pipeline Corridor 76 Further research required 18066 (Pc-76) P O ART - 9331 Natgas 087 I O ART - Further research required 9335 Natgas 091 I O ART - Further research required 9289 Natgas 096. I O ART - Further research required 10345 Gas Pipeline 70 I O ART - Further research required 9044 Natgas 104 S O ART - Further research required 9290 Natgas 097 I O ART - Further research required 9294 Natgas 101 S O ART - Further research required 9334 Natgas 090 I O ART - Further research required Table 5: DIA sites within Section 5

12.6 Issues • Twenty (20) of the above registered sites have section 18 consents and conditions related to them. For the full list of section 18 conditions refer to Appendix 1. • Fifteen (15) of the above registered sites are not covered by current section 18 consents.

It is not clear why a large number (15) of the registered sites in this section of the pipeline were not covered by the section 18 conditions, although the sites’ DIA polygons fall within the boundaries of the pipeline corridor. The sites are all archaeological, consisting of artefact scatters. The sites cover the range of register statuses, from permanent and interim to classification as archived or stored data. These sites will require further investigation to determine their particular relationships to the pipeline corridor prior to works commencing. This will entail site file research and an archaeological survey to

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 37

6089 3838WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP determine their actual condition.

12.7 Conclusions The proposed works will involve ground disturbance. Therefore, consultations with the relevant local Aboriginal group/s should be conducted to arrange for appropriate heritage management during construction. This is most likely to be undertaken with representatives of Native Title claimant groups (see above) and those involved in the heritage surveys.

12.8 Recommendations • It is recommended that the Section 18 conditions relating to each site in Section 5 are fulfilled. • It is recommended that prior to works taking place, the proponent seek further information regarding those sites not covered by existing Section 18 consents. The material details of the sites will need to be researched. • It is recommended that an archaeologist undertake a site assessment survey, prior to works, to identify and verify each registered DIA site within the full corridor. • It is recommended that appropriate heritage management procedures be put in place (marking, fencing, section 18 applications etc.) • It is recommended that all ground disturbing activities during construction should be monitored, under Section 16 of the Act, as determined by the Minister in 2002. Where necessary, a Section 16 permit will need to be sought. • It is recommended that Alinta ensure that all staff and contractors are made fully aware of their obligations and responsibilities under the Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 38

6089 3939WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

13. HERITAGE EVALUATION OF SECTION SIX END OF LOOP 5 TO COMPRESSOR STATION 6

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 39

6089 4040WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

13.1 Location Section 6 extends from the end of Loop 5 (at MGA coordinates 321763E, 7092292N) to CS 6 (at MGA 320483E, 6973177N), both in Zone 50.

13.2 Local groups There are two (2) Native Title Claims in the vicinity of the Section 6: the Malgana Shark Bay People’s Application (WC98/017) and the Nanda Claim (WC00/013).

13.3 Environment of area. Section 6 is located in the Carnarvon Basin and the vegetation is in the Carnarvon Botanical District (Beard 1975), traversing the Toolonga Nature Reserve

There are no named waterways to be crossed in Section 6.

Concern has been expressed in the course of past heritage surveys about the possible loss of plants used by Aboriginal people as food and medicine as a result of construction activity. It is incumbent on the developer to minimise the impact of this activity and where possible include any relevant species in the rehabilitation of disturbed areas.

13.4 Heritage Evaluation The previous heritage evaluations performed on this section of the DBNGP include the West Australian Museum’s initial archaeological survey of the pipeline route (WAM 1979), the secondary archaeological survey of the original pipeline corridor (Pickering 1982) and the archaeological survey of the corridor expansion (McDonald, Hales and Associates 2001a).

Pickering (1982:19) noted that smaller sites and isolated artefacts are likely to reflect transient or task-specific activities in the landscape, such as overnight camping, stone tool production and/or maintenance and butchering.

During the McDonald, Hales and Associates (2001a) ethnographic survey, Hugh Roberts surveyed the pipeline corridor from Butcher’s Track to Binnu Rd East with three (3) Aboriginal consultants representing the Nanda (WC00-013) native title claim. The Nanda consultants reported no ethnographic sites within the DBNGP expansion corridor, including the proposed deviation on the Murchison River.

13.5 Review of DIA research The search of Aboriginal Sites revealed only one (1) registered site within the pipeline corridor of Section 6. A summary of these sites is included below in Table 6.

Site Site ID Site Name Status Access Type Condition Comment 8994 Natgas 109 I O ART - Further research required

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 40

6089 4141WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

13.6 Issues • The above site (DIA 8994) is not covered by current section 18 consents.

It is not clear why this registered site is not covered by the section 18 conditions, although the site’s DIA polygon falls within the boundaries of the pipeline corridor. The site is archaeological consisting of an artefact scatter. This site will require further investigation to determine its particular relationship to the pipeline corridor prior to works commencing. This will entail site file research and an archaeological survey to determine the actual condition.

13.7 Conclusion The proposed works will involve ground disturbance. Therefore, consultations with the relevant local Aboriginal group/s should be conducted to arrange for appropriate heritage management during construction. This is most likely to be undertaken with representatives of Native Title claimant groups (see above) and those involved in the heritage surveys.

13.8 Recommendations • It is recommended that the Section 18 conditions relating to each site in Section 6 are fulfilled. • It is recommended that prior to works taking place, the proponent seek further information regarding those sites not covered by existing Section 18 consents. The material details of the sites will need to be researched. • It is recommended that an archaeologist undertake a site assessment survey, prior to works, to identify and verify each registered DIA site within the full corridor. • Should cultural material be uncovered during ground disturbance works, it is recommended that appropriate heritage management procedures be put in place (marking, fencing, section 18 applications etc.), • It is recommended that all ground disturbing activities during construction should be monitored, under Section 16 of the Act, as determined by the Minister in 2002. Where necessary, a Section 16 permit will need to be sought. • It is recommended that Alinta ensure that all staff and contractors are made fully aware of their obligations and responsibilities under the Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 41

6089 4242WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

14. HERITAGE EVALUATION OF SECTION SEVEN END OF LOOP 6 TO COMPRESSOR STATION 7

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 42

6089 4343WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

14.1 Location Section 7 extends from Loop 6 (at MGA coordinates 320514E, 6963177N) to CS 7 (at MGA 317519E, 6832258N), both in Zone 50, which is about one kilometre due east of Thurnooggnoo Bluff. Major rivers in this section include the Murchison River and the while there are also a number of creeks and unnamed waterways (condition 9, 2002). Furthermore, the Wandana Nature Reserve lies adjacent and to the east of the pipeline corridor in this section.

14.2 Local groups There are five (5) registered Native Title Claims in the vicinity of the looping: Nanda (WC 00/013), the Wajarri Yamatji (WC04/010), the Mullewa Wadjari Claim (WC96/093), the Naaguja Peoples Claim (WC97/073) and the Amangu (WC04/002).

14.3 Environment Section 7 is located on sand plains dominated by earthy sands commonly underlain by ironstone gravels, laterite or indurated mottled pallid soils. South of the , soils are dominated by sandy acidic yellow mottled soils containing ironstone gravel and laterite.

Named waterways which will be crossed in Section 7 are: Murchison River (and its tributaries) and Greenough River.

Concern has been expressed in the course of past heritage surveys about the possible loss of plants used by Aboriginal people as food and medicine as a result of construction activity. It is incumbent on the developer to minimise the impact of this activity and where possible include any relevant species in the rehabilitation of disturbed areas.

14.4 Heritage Evaluation The previous heritage evaluations performed on this section of the DBNGP include the West Australian Museum’s initial archaeological survey of the pipeline route (WAM 1979), the secondary archaeological survey of the original corridor (Pickering 1982) and the archaeological survey of the corridor expansion (McDonald, Hales and Associates 2001a). A further ethnographic survey of the expanded corridor was carried out in this region in 2000 (O’Connor), and an archaeological re-examination of the 2001 survey was also carried out in the same area (McDonald, Hales and Associates 2003).

Pickering (1982:19) noted that smaller sites and isolated artefacts are likely to reflect transient or task-specific activities in the landscape, such as overnight camping, stone tool production and/or maintenance and butchering. McDonald, Hales and Associates (2001a) surveyed 426km in the Carnarvon region from the Yannarie Coastal Plain to the Wooramel River Flood Plain. The archaeological survey targeted the Gascoyne, Wooramel and Murchison Rivers and the Lyons River, Davis Creek and Murchison River Wetlands for purposive study. Two (2) sites—Pipeline Corridor 85 (DIA 18086) and Gas

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 43

6089 4444WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP Pipeline 73 (DIA 10348)—were identified along the banks of the Murchison River.

During the McDonald, Hales and Associates (2001a) ethnographic survey, Hugh Roberts surveyed the pipeline corridor from Butcher’s Track to Binnu Rd East with three (3) Aboriginal consultants representing the Nanda (WC00-013) native title claim. The Nanda consultants reported no ethnographic sites within the DBNGP expansion corridor, including the proposed deviation on the Murchison River (and area mostly included in the Loop 5).

McDonald, Hales and Associates also surveyed an area between the south bank of the Murchison River and Binnu Rd East with Aboriginal consultants representing the Wajarri Elders native title claim (was WC00-004 now WC01-003). Part of this area had already been surveyed by Nanda claimants. No ethnographic sites were reported in this section.

McDonald Hales and Associates conducted a survey with representatives of the Naaguja Native Title Claim (WC97-073) in June 2000, between Binnu Road East and Burma Road (approximately 83kms), which included a proposed deviation at the Greenough River. The Naaguja heritage consultants reported no ethnographic sites within the corridor. In the report, Naaguja consultants requested that the developers pay particular attention to the area around the Greenough River, to the north of CS7. Naaguja consultants further requested that Aboriginal people be involved in monitoring along the length of the pipeline, in order to be present if artefacts or skeletal material are uncovered.

14.5 Review of DIA research The search of Aboriginal Sites revealed twenty-seven (27) registered sites within the pipeline corridor of Section 7. A summary of these sites is included below in Table 6.

Site ID Site Name Status Access Site Type Condition Action Required 5211 Natgas 120 S O ART 11 Fulfil previous Section 18 conditions 5205 Natgas 114 S O ART 11 Fulfil previous Section 18 conditions 5207 Natgas 116 S O ART 11 Fulfil previous Section 18 conditions 5478 Gas Pipeline 76 I O ART 13 Fulfil previous Section 18 conditions 5479 Gas Pipeline 77 I O ART 13 Fulfil previous Section 18 conditions 5208 Natgas 117 I O ART 13 Fulfil previous Section 18 conditions Dartmoor Road East- Fulfil previous Section 18 conditions 4883 Airstrip S O ART 14 Pipeline Corridor 85 Fulfil previous Section 18 conditions 18086 (Pc-85) P O ART 20 5663 Yuna P O BUR, ART - Further research required 5212 Natgas 121 S O ART - Further research required 10348 Gas Pipeline 73 I O ART - Further research required 5477 Gas Pipeline 75 I O ART - No further site info McD H Ass 2001 Table 6: DIA sites within Section 7

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 44

6089 4545WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

14.6 Issues • Eight (8) of the above registered sites have section 18 consents and conditions related to them. For the full list of section 18 conditions refer to Appendix 1 • Four (4) of the above registered sites is not covered by current section 18 consents.

DIA 5477 could not be assessed to an adequate degree by the ACMC as McDonald Hales and Associates could not provide further information in 2001. DIA 5477 was therefore not considered valid to be subject to any section 18 conditions.

14.7 Conclusion The proposed works will involve ground disturbance. Therefore, consultations with the relevant local Aboriginal group/s should be conducted to arrange for appropriate heritage management during construction. This is most likely to be undertaken with representatives of Native Title claimant groups (see above) and those involved in the heritage surveys. Monitoring in this Section was specifically requested by the Naaguja claimants (McDonald Hales and Associates 2001).

14.8 Recommendations • It is recommended that the Section 18 conditions relating to each site in Section 7 are fulfilled. • It is recommended that an archaeologist undertake a site assessment survey, prior to works, to identify and verify each registered DIA site within the full corridor. • It is recommended that appropriate heritage management procedures be put in place (marking, fencing, section 18 applications etc.) • It is recommended that all ground disturbing activities during construction should be monitored, under Section 16 of the Act, as determined by the Minister in 2002. Where necessary, a Section 16 permit will need to be sought. • It is recommended that Alinta ensure that all staff and contractors are made fully aware of their obligations and responsibilities under the Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 45

6089 4646WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

15. HERITAGE EVALUATION OF SECTION EIGHT END OF LOOP 7 TO COMPRESSOR STATION 8

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 46

6089 4747WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

15.1 Location Section 8 extends from Loop 7 (at MGA 317723E, 6828268N) to CS 8 (at MGA 341534E, 6692113N), both in Zone 50. The Burma Road Nature Reserve lies adjacent to the west side of the pipeline corridor for a length of approximately eight (8) kilometres.

15.2 Local groups There are five (5) Native Title Claims in the vicinity of the Section 8: the Naaguja Peoples Claim (WC97/073) and the Amangu (WC04/002), the Mullewa Wadjari Claim (WC96/093), Franks (WC98/057), the Widi Mob (unregistered WC97/072), the Taylor (unregistered WC01/004).

15.3 Environment Section 8 is dominated by earthy sands commonly underlain by ironstone gravels, laterite or indurated mottled pallid soils. South of the Irwin River, soils are dominated by sandy acidic yellow mottled soils containing ironstone gravel and laterite. This region has numerous Declared Rare Fauna (DRF) species and Priority Fauna (PF) species. A few recorded DRF and PF may be situated adjacent to the corridor.

Named waterways to be crossed in Section 8 are: Hunt Gully, Small Lake, Irwin River (DIA 18907), (and its tributaries), Donkey Creek and Eneabba Creek as well as a number of named and unnamed ephemeral creeks and waterways.

Concern has been expressed in the course of past heritage surveys about the possible loss of plants used by Aboriginal people as food and medicine as a result of construction activities. It is incumbent on the developer to consult with the Widi People in order to minimise the impact of this activity and where possible include any relevant species in the rehabilitation of disturbed areas.

15.4 Heritage Evaluation Sections 8 and 9 The previous heritage evaluations performed on this section of the DBNGP include the West Australian Museum’s initial archaeological survey of the pipeline route (WAM 1979), the secondary archaeological survey of the original corridor (Pickering 1982) and the archaeological survey of the corridor expansion (McDonald, Hales and Associates 2001a).

Representatives of the Yued Native Title Claim (WC97-071) were consulted in June 2000 by Annette Hendros, covering the pipeline from Eneabba to Gingin for the McDonald Hales and Associates report (2001). Representatives of GANT (Wilinyu) were consulted by Theresa Venz in June 2000, covering the pipeline from the Geraldton-Mt Magnet Road to Eneabba. No new ethnographic sites were recorded.

Another ethnographic survey of the expanded corridor was carried out in this region in 2000 (O’Connor), and an archaeological re-examination of the 2001 survey was also carried out in the same area (McDonald, Hales and Associates 2003). Neither of these

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 47

6089 4848WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP surveys identified any new Aboriginal sites.

Another archaeological survey was carried out by McDonald, Hales and Associates in 2003 as a further addendum to their comprehensive 2001 survey. This survey was carried out between the Geraldton-Mt. Magnet road and Eneabba Creek with the intention of providing an archaeological background to the proposed corridor expansion area. The surveys recorded four new archaeological sites (PC-90 to 93) and one isolated artefact find, and confirmed the location of a previously recorded ethnographic site. All the finds were restricted to a single transect area and the authors recommended a review of the Section 18 application for the region.

Archaeological and ethnographic surveys also were carried out in relation to the Eneabba and Benharra/Dongara deviations (Corsini 2001, O’Connor 2001). This deviation occurred to shift the expanded corridor away from the Franks Native Title Claim.

O’Connor’s ethnographic survey involved consultation with members of the Franks Native Title Claim and a field inspection of the two proposed deviations. No sites of ethnographic importance were located in either deviation. The author did not recommend any further consultation.

Corsini’s archaeological survey involved vehicular and pedestrian transects of the two proposed deviations, covering the entire area. No archaeological material or sites were recorded, and the author noted that, due to the geology of the area, the prospect of finding sub-surface archaeological remains was low. No further recommendations were made.

AIC completed surveys in section 8 with the Widi Mob (Dec 2001, June 2002 vol. 1) and the Pandawn people (Dec 2001, June 2002 vol.2).

15.5 Review of DIA research The search of Aboriginal Sites revealed three (3) registered sites within the pipeline corridor of Section 8. A summary of these sites is included below in Table 7.

Site ID Site Name Status Access Site Type Condition Action Required 5481 Gas Pipeline 79 I O ART - Further research required 19055 3 Knolls, 82/Wm02 S O - Further research required 18907 Irwin River (Sc04) S C M, HIST N/A Although deemed ‘not a site’ Nov 2002, the Minister decreed that the relevant Indigenous people be consulted regards any pipeline crossing of the river. Table 7: DIA sites within Section 8

15.6 Issues • Two (2) of the above registered sites are not covered by current section 18 consents. • One (1) of the above registered sites (DIA 18907) was deemed ‘not a site’ in

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 48

6089 4949WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP November 2002 and was therefore deemed inapplicable for the section 18 application. However, the Minister stipulated further consultation with the Widi Mob regarding details of the river crossing by any new pipeline. • Ethnobotanic aspects of parts of the section need to be addressed with the Widi Mob people

It is not clear why a number (2) of the registered sites in this section of the pipeline were not covered by the section 18 conditions, although the sites’ DIA polygons fall within the boundaries of the pipeline corridor. The sites are both archaeological and ethnographic, consisting of sites on the interim and stored data registers. These sites will require further investigation to determine their particular relationships to the pipeline corridor prior to works commencing. This will entail site file research and an archaeological survey to determine their actual condition.

While DIA 18907 was deemed not a site under the section 18 application, the 2002 section 18 consent stipulates that consideration should be given to consulting with the Aboriginal people regarding crossing this waterway, or, consideration should be given to implementing the designs agreed to with the Aboriginal people regarding this.

Other sites identified during these surveys were not within the pipeline corridor. However, the Minister stipulated that an Ethnobotanic survey be completed with the Widi Mob if the corridor was to be disturbed.

15.7 Conclusions The proposed works will involve ground disturbance. Therefore, consultations with the relevant loc+al Aboriginal group/s should be conducted to arrange for appropriate heritage management during construction. This is most likely to be undertaken with representatives of Native Title claimant groups (see above) and those involved in the heritage surveys.

15.8 Recommendations • It is recommended that the Section 18 conditions relating to each site in Section 8 are fulfilled. Including an ethnobotanic survey completed with the Widi Mob in the identified area. • It is recommended that an archaeologist undertake a site assessment survey, prior to works, to identify and verify each registered DIA site within the full corridor. • It is recommended that appropriate heritage management procedures be put in place (marking, fencing, section 18 applications etc.) • It is recommended that all ground disturbing activities during construction should be monitored, under Section 16 of the Act, as determined by the Minister in 2002. Where necessary, a Section 16 permit will need to be sought. • It is recommended that Alinta ensure that all staff and contractors are made fully aware of their obligations and responsibilities under the Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 49

6089 5050WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

16. HERITAGE EVALUATION OF SECTION NINE END OF LOOP 8 TO COMPRESSOR STATION 9

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 50

6089 5151WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

16.1 Location This section extends from the end of Loop 8 (at MGA 350161E, 6648941N) to CS 9 (at MGA 383515E, 6557609N) in Zone 50. The major river crossing in this section is the . The Badgingarra National Park and the Moore River National Park both lie adjacent and to the west of the pipeline corridor.

16.2 Local groups There are two (2) Native Title Claims in the vicinity of the Section 9: the registered Yued Claim group (WC97/071) and the unregistered Single Noongar Claim – Area 1 (WC03/006). The latter has been lodged since the earlier surveys were conducted and no consultation has been attempted with representatives from that group.

16.3 Environment Section 9 lies within the Swan Coastal Plain, proximate to Moore River National Park and traversing through a series of wetlands and watercourses. This section is also situated close to various Priority Fauna species and will require a significant environmental focus during the approvals and pre-construction phases of the project. The land is a combination of crown land and freehold land, and is used for cropping and grazing.

Named waterways to be crossed in Section 9 are: Hill River, Minyulo Brook, Mullering Brook, Moore River and Red Gully Creek.

Concern has been expressed in the course of past heritage surveys about the possible loss of plants used by Aboriginal people as food and medicine as a result of construction activity. It is incumbent on the developer to minimise the impact of this activity and where possible include any relevant species in the rehabilitation of disturbed areas.

16.4 Heritage Evaluation The previous heritage evaluations performed on this section of the DBNGP include the West Australian Museum’s initial archaeological survey of the pipeline route (WAM 1979), the secondary archaeological survey of the original corridor (Pickering 1982) and the archaeological survey of the corridor expansion (McDonald, Hales and Associates 2001a).

An addendum to “Report on Aboriginal Heritage Investigations for the Proposed DBNGP Corridor Widening Project” was produced by McDonald Hales and Associates in February 2001. This report addressed a request for further information by the ACMC in regard to a Section 18 application. In particular, the newly recorded site of ‘Wetlands & Watercourses Moore River to Bullsbrook’ was discussed. The authors concluded that “in the absence of detailed ethnographic descriptions of the sacred, ritual or ceremonial aspects of the reported sites we would recommend that none of the (permanent or ephemeral) wetlands and watercourses between Moore River and Bullsbrook be assessed as Aboriginal sites under Section 5 of the Act”. Red Gully Creek (19138) falls to the east

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 51

6089 5252WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP of this section, however it was deemed not a site by the ACMC in 2002 and therefore the section 18 application to disturb it was inapplicable. Nevertheless, the 2002 section 18 consent stipulates that should this site be impacted, consideration should be given to consulting with the Aboriginal people regarding this.

16.5 Review of DIA research The search of Aboriginal Sites revealed four (4) registered sites within the pipeline corridor of Section 9. A summary of these sites is included below in Table 8.

Site ID Site Name Status Access Site Type Condition Action Required 18083 Moore River Pods S O ? 13 Fulfil previous Section 18 conditions (PCE-06) 5484 Gas Pipeline 81 I O ART 13 Fulfil previous Section 18 conditions 17118 JB! Site P O CAMP - Further research required 4640 Mullering Brook P O M - Further research required 19138 Wetlands and I O M N/A Site deemed ‘not a site’ Nov 2002 Watercourses Moore River to Bullsbrook Table 8: DIA sites within Section 9

16.6 Issues • Two (2) of the above registered sites have section 18 consents and conditions related to them. For the full list of section 18 conditions refer to Appendix 1 • One (1) of the above registered sites (DIA 19138) was deemed ‘not a site’ in November 2002. • Two (2) of the above registered sites are not covered by any current section 18 consents. • Other places identified by the consultative method were identified as being culturally significant yet not addressed by DIA. The management of those cultural places needs to be addressed. They include Gingin Brook, Lennard Brook and Moonda Brook and a lake at 400211e, 6508800n.

Information was sought by the ACMC in 2003 regarding the ‘Wetlands and Watercourses between Moore River and Bullsbrook’ (DIA 19138). McDonald et al in an addendum concluded that the area does not constitute a site under the Act and it has been placed on the interim register. The areas identified as being culturally significant during AIC’s consultation with the Yued do not appear to have been addressed by the DIA or ACMC and may still need to be addressed. Further discussion with DIA is recommended.

It is not clear why two (2) are not covered by the section 18 conditions, although the sites’ DIA polygon falls within the boundaries of the pipeline corridor. This site will require further investigation to determine its particular relationship to the pipeline corridor prior to works commencing.

CS 9 is approximately 2 kms south of the point where Red Gully Creek South branches from Red Gully Creek. These sites do not coincide with the pipeline corridor at any point.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 52

6089 5353WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

16.7 Discussion Section 18 determinations have been made regarding the above sites. The Minister resolved that DIA 19183 (Wetlands and Watercourses between Moore River and Bullsbrook) is not a site, but that consideration should be given to Aboriginal input on methods of crossing related waterways. This occurs at the point where the pipeline corridor crosses the Moore River.

16.8 Conclusions The proposed works will involve ground disturbance. Therefore, consultations with the relevant local Aboriginal group/s should be conducted to arrange for appropriate heritage management during construction. This is most likely to be undertaken with representatives of Native Title claimant groups (see above) and those involved in the heritage surveys.

16.9 Recommendations • It is recommended that the Section 18 conditions relating to each site in Section 9 are fulfilled. • It is recommended that an archaeologist undertake a site assessment survey, prior to works, to identify and verify each registered DIA site within the full corridor. • It is recommended that appropriate heritage management procedures be put in place (marking, fencing, section 18 applications etc.) • It is recommended that all ground disturbing activities during construction should be monitored, under Section 16 of the Act, as determined by the Minister in 2002. Where necessary, a Section 16 permit will need to be sought. • It is recommended that Alinta ensure that all staff and contractors are made fully aware of their obligations and responsibilities under the Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 53

6089 5454WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

17. HERITAGE EVALUATION OF SECTION TEN END OF LOOP 9 TO COMPRESSOR STATION 10

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 54

6089 5555WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

17.1 Location This section extends from the end of Loop 9 (at MGA 387223E, 6544355N) to CS 10 (at MGA 387105E, 6433961N) in Zone 50. This section is of particular sensitivity as it passes substantially through the area of metropolitan Perth. The major river crossings in this section are the Swan River, the Helena River, and the Canning and Southern Rivers. This section also entails crossing many creeks and unnamed waterways (condition 9, 2002). It also traverses the Gnangara-Moore River State Forest.

17.2 Local groups There are four Native Title claims in the vicinity of Section 10: the Yued Claim group (WC97/071) and the Single Noongar Claim – Area 1 (WC03/006), the Ballaruks Peoples (unregistered, WC 95/086) and the Gnarla Karla Booja Claim (WC98/58). Other Elders consulted include the Bibbulmun and the Independent Aboriginal Environmental Groups.

17.3 Environment Section 10 traverses three soil groups - Pinjarra Plain, Bassendean Dunes and Spearwood Dunes - which can be divided into eight soil types. A vegetation and rare flora survey was conducted in 2002 to 2003 as part of the Strategic Environmental Review (SER). Results of this survey (SER) indicate that within the 23km route, fourteen (14) vegetation communities were identified, with 162 species identified.

Named waterways to be crossed in Section 10 are: Gingin Brook, Lennard Brook, Swan River, Helena River and the Canning River. Various unnamed creeks are also crossed.

Concern has been expressed in the course of past heritage surveys about the possible loss of plants used by Aboriginal people as food and medicine as a result of pipeline construction activity. It is incumbent on the developer to minimise the impact of this activity and where possible include any relevant species in the rehabilitation of disturbed areas.

17.4 Heritage Evaluation The previous heritage evaluations performed in this section of the DBNGP include the archaeological survey of the original corridor (Pickering-Section 6 Muchea to Wagerup, 1982), and an archaeological survey of the lateral pipelines in the Metropolitan area (Schwede 1984). Unfortunately a copy of Schwede’s 1984 survey is unavailable. Archaeological and ethnographic surveys related to the widening of the pipeline corridor were managed by Hames (2002, 2003) through AIC (Parker 2002 and Lantzke 2003).

The Hames report (2002, 2003) was a comprehensive study of the southern pipeline route and involved both a desktop survey of the archaeological aspects of the proposed pipeline expansion and subcontracted surveys- archaeological (Lantzke, 2002), and ethnographic (Parker, 2002). The Hames report on the southern route of the expanded pipeline corridor (Kwinana to Bunbury) identified eighteen (18) previously recorded sites within one kilometre of the proposed pipeline expansion and also noted a number of heritage surveys

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 55

6089 5656WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP in the region for non-pipeline related matters (Strawbridge 1988, Dames and Moore 1988, O’Connor 1989, Quartermaine 1996, Veitch 1999, O’Connor 2000, Goode 2000 in Hames 2002).

17.5 Review of DIA research The search of Aboriginal Sites revealed three (3) registered sites within the pipeline corridor of Section 10. A summary of these sites is included below in Table 9.

Site Site Name Status Access Site Type Condition Action Required 3511 Southern River P C M 2003 Fulfil previous Section 18 conditions 3758 Helena River P C C, M, RP 2003 Fulfil previous Section 18 conditions 3888 Munday Swamp: Poison Gully. P O ART 2003 Fulfil previous Section 18 conditions 3538 Canning River. P O M 2003 Fulfil previous Section 18 conditions 3536 Swan River P O M 2003 Fulfil previous Section 18 conditions 16753 Wright Lake Artefact Scatter S O ART - Further research required 4414 Forrestfield Scarred Tree. P O T - Further research required 18193 Frog dreaming creek P C M - Further research required 4081 Roe Freeway-Wattle Grove S O ART - Further research required 17502 Adelaide Street I O ART - Further research required 20084 Abernethy Road On-Ramp S O - Further research required Tonkin Highway - Mundijong Will not be impacted by pipeline 18184 Road Scatter # 8 S O ART - development (Lantzke 2002) 19182 Muchea Pipeline Deviation 1 I C M - Further research required Further research required – not relocated 3265 Orange Grove School S O ART - in Lantzke 2002 4379 Adelaide Street I O ART - Further research required 15876 Wittenoom Road South S O ART - Further research required 18078 Pipeline Corridor 89 (Pc-89) P O ART - Further research required 4346 Kelmscott Lake West I O ART - Further research required Tonkin Highway - Mundijong Will not be impacted by pipeline 18179 Road Scatter # 3 P O ART - development (Lantzke 2002) Tonkin Highway - Mundijong Will not be impacted by pipeline 18181 Road Scatter # 5 S O ART - development (Lantzke 2002) 4343 Brentwood Road, Swamp P O ART - Further research required 4413 High Wycombe: 1 - 3 P O ART - Further research required 4341 Brentwood Road Nw I O ART - Further research required C, M, Further research required 3719 Munday Swamp. P C ART - 4408 Newburn: Bingham Street. P O ART - Further research required Further research required – not relocated 4003 Newburn: Hardey Road/Rlwy P O ART - in Lantzke 2002 4380 O'loughlin's Lake P O ART - Further research required 21615 Lennard Brook I O M - Further research required Tonkin Highway - Mundijong Will not be impacted by pipeline 18178 Road Scatter # 2 P O ART - development (Lantzke 2002) 3773 Welshpool Reserve. P O - Further research required 17242 Ypres Road, Westfield P O ART - Further research required Tonkin Highway - Mundijong Will not be impacted by pipeline 18183 Road Scatter # 7 S O ART - development (Lantzke 2002) Will not be impacted by pipeline 18663 Kelmscott Lake North P O ART - development (Lantzke 2002)

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 56

6089 5757WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

3525 : Upper Swan P C M - Further research required 21616 Boonanarring Brook I O M - Further research required 3608 Bridge Camps. P C - Further research required 4093 Newburn: Marshalling Yard I O ART - Further research required Tonkin Highway - Mundijong Will not be impacted by pipeline 18180 Road Scatter # 4 P O ART - development (Lantzke 2002) Tonkin Highway - Mundijong Will not be impacted by pipeline 18182 Road Scatter # 6 S O ART - development (Lantzke 2002) 3744 Marshalls Paddock P C BUR - Further research required C, M, Further research required BUR, S, F, ART, 3840 Bennett Brook: Camp Area. P C HIST - 20929 Kelmscott Scarred Tree I O T - Further research required 18792 Wright Lake P O M - Further research required Tonkin Highway - Mundijong Will not be impacted by pipeline 18185 Road Scatter # 9 S O ART N/A development (Lantzke 2002) 21618 Nullilla Brook I O M N/A see 19138 21617 Wallering Brook I O M N/A see 19138 20008 Gingin Brook Waggyl Site P O M, HIST N/A see 19138 Site not possible to relocate McD H Site 3930 Fewster. I O N/A Ass 2001, unlikely to be impacted 21619 Breera Brook I O M N/A see 19138 Site entails DIA 20008, DIA 21617, DIA Wetlands & Watercourses 21618, DIA 21619, DIA 21620, deemed 19138 Moore River To Bullsbrook I O M N/A not a site McD H Ass 2001 Table 9: DIA sites within Section 10

17.6 Issues • Six (6) of the above registered sites have section 18 consents and conditions related to them. For the full list of section 18 conditions refer to Appendix 2 • Six (6) of the above registered sites (DIA 21620, DIA 20008, DIA 21617, DIA 21618 and DIA 21619) were deemed ‘not a site’ in November 2002. • Thirty-eight (38) of the above sites are not covered by current section 18 consents.

It is not clear why a large number (38) of the registered sites in this section of the pipeline were not covered by the section 18 conditions, although the sites’ DIA polygons fall within the boundaries of the pipeline corridor. In the 2002 AIC (Lantzke) report it would appear that a number of these sites (DIA 18178, DIA 18179, DIA 18180, DIA 18181, DIA 18182, DIA 18183, DIA 18184, DIA 18185, DIA 18663) were located beyond the 100 metre corridor surveyed and therefore not subject to the subsequent section 18 application. The sites are both archaeological and ethnographic and cover the range of register statuses, from permanent and interim to classification as archived or stored data. These sites will require further investigation to determine their particular relationships to the current 200 metre pipeline corridor prior to works commencing. This will entail site file research and an archaeological survey to determine their actual conditions and locations.

17.7 Conclusions The proposed works will involve ground disturbance. Therefore, consultations with the

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 57

6089 5858WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP relevant local Aboriginal group/s should be conducted to arrange for appropriate heritage management during construction. This is most likely to be undertaken with representatives of Native Title claimant groups (see above) and those involved in the heritage surveys.

Furthermore, consultations with the relevant local Aboriginal groups may be required to implement agreed upon waterway crossing designs.

17.8 Recommendations • It is recommended that the Section 18 conditions relating to each site in Section 10 are fulfilled. • It is recommended that an archaeologist undertake a site assessment survey, prior to works, to identify and verify each registered DIA site within the full corridor. • It is recommended that appropriate heritage management procedures be put in place (marking, fencing, section 18 applications etc.) • It is recommended that all ground disturbing activities during construction should be monitored, under Section 16 of the Act, as determined by the Minister in 2002. Where necessary, a Section 16 permit will need to be sought. • It is recommended that Alinta ensure that all staff and contractors are made fully aware of their obligations and responsibilities under the Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 58

6089 5959WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

18. HERITAGE EVALUATION OF SECTION ELEVEN END OF LOOP 10 TO MLV 153 (Wagerup West)

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 59

6089 6060WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

18.1 Location This section extends from the end of Loop 10 (at MGA 394281E, 6416619N) to MLV 153 in Zone 50. Major river crossings in this section include the North and South Dandalup Rivers, the , the Murray River and the Harvey and Brunswick Rivers. There are many named and unnamed waterways also located in this section.

18.2 Local groups There are three (3) Native Title claims in the vicinity: the Gnarla Karla Booja Claim (WC98/058), the Ballaruks Peoples (unregistered, WC 95/086) and the Single Noongar Claim-Area 1 (unregistered, WC03/006).

18.3 Environment Section 11 traverses three soil groups within the Swan Coastal Plain - Pinjarra Plain, Bassendean Dunes and Spearwood Dunes - which can be divided into eight soil types. A vegetation and rare flora survey was conducted in 2002 to 2003 as part of the Strategic Environmental Review (SER). The results of this survey identified thirty-two (32) vegetation communities along the corridor route.

According to Beard (1990:77) Section 11 lies in the Southern Jarrah Forest Subregion. This area is characterised by jarrah (Eucalyptus marginata) forest, followed by woodlands of marri (E. calophylla) and wandoo (E. wandoo). Paperbarks (Melaleuca) occur extensively in swampy areas. Agriculture has resulted in the clearing of most of original expanse of the Jarrah Forests and today, there are many introduced species.

Named waterways to be crossed in Section 10 are: Karnet Brook, Dirk Brook, North and , Dandalup River, Murray River and Samson Brook. MLV 153 is located in close proximity to the Harvey River. The Serpentine River was crossed by the Stage 4 looping.

Concern has been expressed in the course of past heritage surveys about the possible loss of plants used by Aboriginal people as food and medicine as a result of pipeline construction activity. It is incumbent on the developer to minimise the impact of this activity and where possible include any relevant species in the rehabilitation of disturbed areas.

18.4 Heritage Evaluation The previous heritage evaluations performed in this section of the DBNGP include the archaeological survey of the original corridor (Pickering-Section 6 Muchea to Wagerup, 1982), and an archaeological survey of the lateral pipelines in the Metropolitan area (Schwede 1984). Unfortunately a copy of Schwede’s 1984 survey is unavailable. Archaeological and ethnographic surveys related to the widening of the pipeline corridor were managed by Hames (2002, 2003) through AIC (Parker 2002, and Lantzke 2003).

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 60

6089 6161WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP The Hames report (2002, 2003) was a comprehensive study of the southern pipeline route and involved both a desktop survey of the archaeological aspects of the proposed pipeline expansion and subcontracted surveys - archaeological (Lantzke 2002), and ethnographic (Parker 2002). The Hames report on the southern route of the expanded pipeline corridor (Kwinana to Bunbury) identified eighteen (18) previously recorded sites within one kilometre of the proposed pipeline expansion and also noted a number of heritage surveys in the region for non-pipeline related matters (Strawbridge 1988, Dames and Moore 1988, O’Connor 1989, Quartermaine 1996, Veitch 1999, O’Connor 2000, Goode 2000 in Hames 2002).

Parker’s ethnographic survey contained in the Hames report involved consultation with several groups of Native Title Claimants and Traditional Elders, during which a vehicular survey was performed of the proposed pipeline corridor. The groups involved with this survey included the Bunbury Nyungah Elders, the Winjan/Pinjarra Group, the Brunswick Aboriginal Corporation, the Ballaruks Native Title Claim and the Independent Aboriginal Environmental Group. No new ethnographic sites were recorded, and Section 18 applications were recommended for the Serpentine, Murray and Brunswick River crossings. However, further consultation was recommended for the Bunbury representatives.

Lantzke’s archaeological survey contained in the Hames report involved a combination of vehicular and pedestrian surveys as well as consultation with local Traditional Elders. Through this method, 40% of the proposed pipeline corridor expansion was surveyed. No new archaeological sites were recorded, although a number of areas with high subsurface archaeological potential were identified. Furthermore, none of the previously recorded sites in the area could be relocated. The author therefore recommended archaeological monitoring of construction work in the area.

18.5 Review of DIA research The search of Aboriginal Sites revealed four (4) registered sites within the pipeline corridor of Section 11. A summary of these sites is included below in Table 10.

Conditio Site Site Name Status Access Site Type n Action Required 3291 Pinjarra I O ARTEFACTS - Further research required Further research required – not relocated in 3875 Pinjarra Burial I O BUR,S - Hames 2003 3537 Murray River P O M 2003 Fulfil previous Section 18 conditions Further research required – not relocated in 3559 Johnston Road S O ARTEFACTS - Hames 2003 Table 10: DIA sites within Section 11

18.6 Issues • Three (3) of the above registered sites are not covered by current section 18 consents. • One (1) registered site (DIA 3537) is subject to section 18 conditions, issued in

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 61

6089 6262WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP 2003 (see Appendix 3).

It is not clear why a number (3) of the registered sites in this section of the pipeline were not covered by the section 18 conditions, although the sites’ DIA polygons fall within the boundaries of the pipeline corridor. The sites are all archaeological and are currently on the interim and stored data registers. Two (2) of the sites were not relocated during the archaeological survey undertaken on behalf of Hames in 2003. These sites will require further investigation to determine their particular relationships to the pipeline corridor prior to works commencing in order to avoid inadvertent disturbance to them. This will entail site file research and an archaeological survey to determine their actual conditions and locations.

18.7 Conclusion The proposed works will involve ground disturbance. Therefore, consultations with the relevant local Aboriginal group/s should be conducted to arrange for appropriate heritage management during construction. This is most likely to be undertaken with representatives of Native Title claimant groups (see above) and those involved in the heritage surveys. Furthermore, consultations with the relevant local Aboriginal groups may be required to implement waterway crossing designs agreed to with them.

18.8 Recommendations • It is recommended that the Section 18 conditions relating to each site in Section 11 are fulfilled. • It is recommended that prior to works taking place, the proponent seek further information regarding those sites not covered by existing Section 18 consents. The material details of the sites will need to be researched. • It is recommended that an archaeologist undertake a site assessment survey, prior to works, to identify and verify each registered DIA site within the full corridor. • It is recommended that appropriate heritage management procedures be put in place (marking, fencing, section 18 applications etc.) • It is recommended that all ground disturbing activities during construction should be monitored, under Section 16 of the Act, as determined by the Minister in 2002. Where necessary, a Section 16 permit will need to be sought. • It is recommended that Alinta ensure that all staff and contractors are made fully aware of their obligations and responsibilities under the Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 62

6089 6363WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

DISCUSSION This desktop study aims to identify areas of cultural heritage significance along the Stage 5 sections of the DBNGP pipeline corridor. This has principally been done by identifying the registered Aboriginal sites along the corridor, where DIA polygons overlap the area of 100 metres to each side of the existing pipeline. Many of these sites have previous section 18 consents to use the land on which they are located, with accompanying conditions to be fulfilled. There are also a large number of sites which do not have current section 18 consent. These sites require further investigation to clarify their integrity in relation to the pipeline and to verify whether permission has been granted.

Aboriginal people consider all land significant and so the entire length of the pipeline corridor, regardless of width, is significant for Aboriginal people. Further consultation with the relevant Aboriginal groups and field assessment by an archaeologist should take place when specific plans for the various phases of Stage 5 have been determined. This can allow for final modifications to be arranged and ensure that unrecorded sites are not inadvertently disturbed.

At the time of widening the corridor from thirty (30) metres to 100 metres (or fifty metres south of the metropolitan area), deviations were proposed to the alignment of the corridor to avoid sensitive areas. The proposed deviations were surveyed archaeologically and ethnographically between 2000 and 2003. Where the deviations have occurred there is no Section 18 for areas adjacent to the original 30 metre corridor and these areas remain unsurveyed. Any work outside the 30 metre easement will need to comply with the requirements of the Act.

Waterways are of particular sensitivity to many Aboriginal people. Mythological sites are often associated with water sources. While a number of waterways in the pipeline corridor are covered by current section 18 consents, many named and unnamed waterways are not. These should always be treated with sensitivity and guidance sought from monitors on the ground. The maps produced for his report have these waterways highlighted, to be taken into consideration during the planning phase of Stage 5.

Previous archaeological surveys have found the pipeline corridor highly disturbed. As a result, they have concluded that many archaeological sites within the corridor itself may no longer be extant. However, this does not preclude the potential for subsurface material to be present along the route, particularly near waterways. Hence the consistent recommendations by Aboriginal people for monitoring of earth disturbing works along the pipeline.

Another common finding in the archaeological surveys is the difficulty to re-locate registered sites in the field. This is partly the result of unreliable data but there also is a lack of information regarding the current status of sites on the register. Many sites are no longer extant due to development or prior collection of material. This project has the potential to undertake further archaeological field assessment surveys within the scope of

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 63

6089 6464WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP the widened pipeline corridor. This information should be provided to the Registrar to allow for the update of the relevant site files.

OVERVIEW Gap analysis It is proposed that the information in this desktop study will be utilised and further refined once specific plans for the different phases of Stage 5 (ie. A, B and C) become available. Section 18 consent has not been granted for 157 registered sites, whose DIA polygons overlap the corridor (100 metres to the east and west of the original DBNGP pipeline). Sites included in this corridor are classified as both archaeological and ethnographic. Without further research it is not clear why these sites are not addressed in current section 18 consents. These sites may no longer exist due to the history of development along the pipeline corridor. This may be relevant in relation to archaeological sites. However, ethnographic sites may well continue to exist regardless of development. Another possibility is that although the DIA polygon is shown to coincide with the corridor, the actual site may be some distance away from it.

Sites not covered by section 18 consents The following actions will address the heritage management of sites not covered by current section 18 consents: • Further research of the DIA site file for location and descriptive information. • Depending on the outcome of the above research, a field assessment survey by a qualified archaeologist prior to works to locate and identify the specific site in relation to the pipeline corridor. • Should the site be determined extant – a qualified archaeologist issued with a section 16 permit to implement the appropriate heritage management procedures: - fence off /demarcate relevant area - notify relevant staff/subcontractors of the heritage situation - monitor construction works occurring in the vicinity of the site - post construction, remove fencing/demarcation from area. - record impact (if any) of development on site to include in final report • Include site information in final report to DIA at the completion of the project.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 64

6089 6565WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

Sites covered by section 18 consent The following actions will address the heritage management of sites covered by current section 18 consents: 1. In relation to the 2002 section 18 conditions (see Appendices 1 to 3) a) To widen specific portions of the DBNGP corridor between Irwin River and Perth. The ACMC resolved that the locations referred to as DIA 3365, DIA 3929, DIA 18907 and DIA 19183 are not sites and the application from the Department of Mineral Petroleum Resources is inapplicable.

Nevertheless, it was requested that the proponent address the following matters:

CONDITION CONDITION RECOMMENDED ACTION NUMBER 1 During construction DIA 3565, DIA 3566, • A field assessment survey by a qualified DIA 18077, DIA 18078 and DIA 19589 archaeologist to locate and identify the (Muchea – unnamed lake) must be avoided. sites (These sites are within Section 10 ) • A qualified archaeologist issued with a section 16 permit to implement appropriate heritage management procedures (p. 53/54) • Include site information in final report to DIA at the completion of the project 2 The commitments made to the Aboriginal • Review of previous ethnographic survey people consulted should be honoured. results to identify the commitments (Relevant to all Sections) • Fulfil commitments 3 Particular consideration should be given to • Review previous ethnographic survey implementing the designs agreed to with the results to identify previous agreements Aboriginal people regarding the crossings of regarding waterway crossing designs waterways such as DIA 3365, IDA 3929, • Where necessary, undertake consultation DIA 18907 and DIA 19183, or to consulting with the relevant Aboriginal people to with the Aboriginal people regarding the determine acceptable waterway crossing crossings, including the request for the designs to honour previous commitments pipeline to cross over watercourses. • Aboriginal monitoring during the (Relevant to waterways in all Sections) construction phase of waterway crossings 4 Noongar people should be employed as • Aboriginal monitoring to be undertaken monitors for the excavation phase of the for the excavation phase of the project project. (Relevant to waterways in all Sections) 5 Staff and contractors should be briefed on • Implement appropriate heritage Aboriginal heritage issues, including management procedures (p. 53/54) protocols for any archaeological material • Provide staff and contractors with a located, including skeletal material. cultural awareness presentation and advise (Relevant to all Sections) them of the above heritage management procedures (p. 53/54) and their responsibilities under the Act

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 65

6089 6666WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

6 The proponent should consider the request to • Review previous ethnographic survey undertake an ethno-botanical study in areas results to identify the areas where this requested by the Widi Mob. (Relevant to applies Section 8) • Undertake an ethno-botanical study with the Widi (potentially in conjunction with the environmental contractors)

b) Ministerial conditions pertaining to 216 locations between Dampier and Perth for the widening of the DBNGP corridor.

CONDITION CONDITION RECOMMENDED ACTION NUMBER 1 Pipeline construction activities are confined • Clearly demarcate the boundaries of the to the DBNGP widened corridor. (Relevant corridor to all Sections) • Ensure that all pipeline construction activities are undertaken within the corridor 2 The route between Mullewa Road and • A field assessment survey by a qualified Eneabba Creek is to be examined for archaeologist to locate and identify any archaeological sites when access to the Aboriginal cultural material cropped areas is permitted and appropriate • Any material found should be subject to action is to be taken in relation to any appropriate heritage management Aboriginal cultural material located. Where procedures (p. 53/54) possible such locations should be avoided, • If the Aboriginal cultural material cannot however, if this is not possible, the material be avoided, it should be recorded, salvaged, should be recorded, salvaged, and managed and managed appropriately by the appropriately (see condition 10). (Relevant archaeologist in conjunction with to Section 8) Aboriginal monitors during the construction phase (see condition 10). 3 The placement of construction related • Identify planned works to be undertaken facilities (e.g. construction campsites) outside the DBNGP widened corridor for and/or construction related activities outside work area clearance the DBNGP widened corridor, including • A field assessment survey by a qualified borrow pits, water extraction sites, only archaeologist to locate and identify any occurs in places specifically cleared for Aboriginal cultural material in the those purposes. (Relevant to all Sections) proposed area • If required, undertake consultation with local Aboriginal people regarding the proposed area 4 The proponent acts to minimise • Implement procedures to minimise environmental disturbance in the environmental disturbance in the construction phase of the DBNGP corridor, construction phase of the DBNGP corridor in accordance with the wishes of the Aboriginal consultants. (Relevant to all Sections) 5 The proponent honours commitments made • Review of previous ethnographic survey to the Aboriginal people in relation to the results to identify previous commitments management of Aboriginal sites. (Relevant • Proponent to fulfill commitments to all Sections)

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 66

6089 6767WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

6 Staff, contractors, sub-contractors • Provide staff and contractors with a associated with future development within cultural awareness presentation and advise the DBNGP corridor widening project area them of the heritage management are briefed with respect to Aboriginal procedures (p. 53/54) and their heritage issues. This should include, but not responsibilities under the Act be limited to, the following: a) Obligations under the Aboriginal Heritage Act (1972), b) Identification of Aboriginal sites: and c) Protocols to be observed should Aboriginal heritage sites be encountered during the course of development. (Relevant to all Sections) 7 Should any person (staff, contractor, sub- • Reporting by any person of any knowledge contractor) have reason to suspect the of a previously unreported Aboriginal site presence of a previously unreported to the Site Manager Aboriginal site, this is to be immediately • Cease work in the vicinity of the site reported to the Site Manager. Work in the immediately vicinity of the site is to cease immediately • An assessment made by a qualified and an assessment made by a suitably archaeologist, issued with a section 16 qualified archaeologist, issued with a permit, accompanied by Aboriginal section 16 permit, accompanied by monitors Aboriginal monitors as appropriate. The • Implementation of heritage management archaeologist shall carry out appropriate procedures (p. 53/54) taking into account analysis of the site, including but not be the wishes of the Aboriginal limited to, further detailed recording, representatives collection of material/s, and/or controlled • Archaeologist to record impact (if any) of archaeological test-excavation. development on site to include in final Management of any Aboriginal cultural report to DIA material located is to be in accordance with the wishes of the Aboriginal representatives. (Relevant to all Sections) 8 Should any human skeletal material be • Cease all work in the vicinity of the site encountered during the course of pipeline immediately construction, all works must cease • Report the situation to the Site Manager immediately as, by law, the area becomes a • Contact the following bodies: Police possible crime scene. The following Service, State Coroner, Department of authorities must then be contacted: Police Indigenous Affairs and relevant Aboriginal Service, State Coroner, Department of group/s. Indigenous Affairs and relevant Aboriginal • An assessment is undertaken by a qualified group/s. If it is determined that the remains archaeologist issued with a section 16 are Aboriginal, the Federal Minister for permit, accompanied by Aboriginal Aboriginal Affairs and the Western monitors Australian Department of Indigenous • Further action is determined by the Affairs must be contacted. An assessment Aboriginal community shall be made by a suitable qualified • Archaeologist to record impact (if any) of archaeologist, accompanied by Aboriginal development on site to include in final monitors as appropriate, who is report to DIA commissioned by the proponent and issued with a section 16 permit. Further action is to be determined by the Aboriginal community. (Relevant to all Sections)

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 67

6089 6868WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

9 Archaeological evaluation and monitoring • Undertake archaeological evaluation (under is undertaken at areas considered to have a a section 16 permit) and monitoring by high potential to contain additional surface Aboriginal people at areas considered to or sub-surface archaeological materials by a have a high potential to contain additional suitable qualified archaeologist issued with surface or sub-surface archaeological a section 16 permit, accompanied by materials Areas include major and minor Aboriginal monitors as appropriate. This watercourse crossings as defined by Dames could include: a) Controlled archaeological and Moore (2000), major claypan features, test-excavation prior to the commencement linear and ‘fixed’ dune systems and other of pipeline construction in order to evaluate areas identified by Aboriginal consultants the potential for stratified cultural deposits as being of concern. Ongoing monitoring in the vicinity of major watercourse of disturbance associated with the pipeline crossings as defined by Dames and Moore construction will cover the above. (2000) b) Continuous monitoring of sub- • Archaeologist to record impact (if any) of surface disturbance associated with pipeline development on site to include in final construction where this intersects: Major report to DIA and minor watercourse crossings as defined by Dames and Moore (2000), Major claypan features (e.g. Peepingee and Murchison claypans), Linear and ‘fixed’ dune systems (Pilbara and Carnarvon regions), other areas identified by Aboriginal consultants as being of concern (e.g. DIA 5663 Yuna burial) c) ongoing monitoring of disturbance associated with pipeline construction, including vegetation clearance and other development activity. (Relevant to all Sections) 10 Should any additional Aboriginal cultural • A qualified archaeologist issued with a material be identified during the course of section 16 permit to undertake further the evaluation and monitoring process, archaeological investigations including a), more detailed archaeological investigations b), c), d) and e) in Condition 10. are to be undertaken by a qualified • Archaeologist to record impact (if any) of archaeologist issued with a section 16 development on site to include in final permit. The investigations should involve, report to DIA but not necessarily be limited to, the following: a) Surface recording, mapping and collection of archaeological material. b) Archaeological excavation and/or sub- surface sampling. c) Radiometric dating (where possible or applicable), d) Analysis of recovered material. e) Provision of long- term storage of recovered archaeological materials. (Relevant to all Sections) 11 Land on which these sites are located may • Proponent to fulfill original DBNGP be used provided conditions relating to the section 18 consents (currently being original approvals have or are implemented. established with DIA) The s18 consents for these sites were previously granted in relation to the original DBNGP. (Relevant to Sections 3-5) 12 Sites under this condition are located • Heritage management procedures (p. outside the DBGNP corridor and are to be 53/54) implemented in the field should avoided. (Relevant to Sections 1-4) identify and monitor the avoidance of these sites

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 68

6089 6969WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

13 Land on which these sites are located may • Follow actions recommended in 7 to 10 be used as insufficient information is available to reliably determine the location, status and integrity of them. Their management will be under the scope of general archaeological evaluation and monitoring procedures (outlined in conditions 7 to 10) (Relevant to Sections 1,2,4,5,7 and 9) 14 Land on which these sites are located may • A field assessment survey conducted by a be used without further conditions as these qualified archaeologist to locate and sites have been assessed as having little or identify the site (This could be done during no further research potential. (Relevant to construction phase when Aboriginal Sections 1-5 and 7) monitors are present) • Archaeologist to record impact (if any) of development on site to include in final report to DIA 15 Land on which these sites are located may • A field assessment survey conducted by a be used as they have been subject to qualified archaeologist to locate and systematic collection/sampling, and have identify the site (This could be done during little further research potential. (Relevant to construction phase when Aboriginal Sections 4 and 5). monitors are present) • Archaeologist to record impact (if any) of development on site to include in final report to DIA 16 Land on which these sites are located may • Field assessment prior to works to establish be used provided further detailed recording whether site will be impacted and analysis is undertaken* prior to pipeline • Follow heritage management procedures construction: These 'surficial hardstone (p. 53/54) for temporary measures to quarries and reduction areas' have been ensure avoidance where applicable or identified as potentially significant in terms • Undertake further archaeological of Aboriginal settlement and subsistence investigations (detailed recording and patterns and require further detailed study. analysis) by a qualified archaeologist prior (Relevant to Sections 1 and 4) to pipeline construction • Consult with Aboriginal community representatives if required • Archaeologist to record impact (if any) of development on site to include in final report to DIA 17 Land on which these sites are located may • Field assessment prior to works to establish be used provided further detailed recording whether site will be impacted and analysis is undertaken* prior to pipeline • Follow heritage management procedures construction. (Relevant to Sections 1-4). (p. 53/54) for temporary measures to ensure avoidance where applicable or • Undertake further archaeological investigations (detailed recording and analysis) by a qualified archaeologist prior to pipeline construction • Consult with Aboriginal community representatives if required • Archaeologist to record impact (if any) of development on site to include in final report to DIA

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 69

6089 7070WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

18 Land on which these sites are located may • Field assessment prior to works to establish be used provided additional recording takes whether site will be impacted place* prior to disturbance: These are • Follow heritage management procedures sparse but extensive scatters, that will be (p. 53/54) for temporary measures to subject to significant disturbance as a result ensure avoidance where applicable or of pipeline construction, but could not be • Undertake further archaeological sufficiently recorded owing to time investigations (detailed recording and constraints. (Relevant to Sections 1,4 and analysis) by a qualified archaeologist prior 5). to pipeline construction • Consult with Aboriginal community representatives if required • Archaeologist to record impact (if any) of development on site to include in final report to DIA 19 The sites located on this land require • Undertake further archaeological protection from disturbance, and that investigations (detailed recording and additional archaeological recording is analysis) by a qualified archaeologist prior undertaken* in relation to any associated to pipeline construction artefact scatters prior to pipeline • Consult with Aboriginal community construction. (Relevant to Sections 2 and 3). representatives • Implement appropriate heritage management procedures to ensure the sites are not disturbed • Archaeologist to record impact (if any) of development on site to include in final report to DIA 20 Land on which these sites are located may • Undertake further archaeological be used provided additional archaeological investigations (detailed recording and investigations are undertaken*. These sites analysis) by a qualified archaeologist prior are considered to have a high degree of to pipeline construction research potential. The investigations • Consult with Aboriginal community should involve, but not necessarily be representatives limited to, the following: a) Surface • Archaeologist to record impact (if any) of recording, mapping and collection of development on site to include in final archaeological material. b) Archaeological report to DIA excavation and/or sub-surface sampling. c) Radiometric dating (where possible or applicable), d) Analysis of recovered material. e) Provision of long-term storage of recovered archaeological materials. (Relevant to Sections 1, 4 and 7). 21 • Undertake an archaeological excavation of These sites require their archaeological the site by a qualified archaeologist issued potential to be evaluated by controlled with a section 16 permit prior to pipeline archaeological excavation*, and suitable construction management strategies developed and • Consult with Aboriginal community implemented to minimise impact on these representatives sites. (Relevant to Section 10) • Implement appropriate heritage management procedures (p. 53/54) to ensure minimal disturbance to the site

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 70

6089 7171WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

22 Any development work in the vicinity of • Monitoring by a qualified archaeologist DIA 16587 (PC-02) is monitored by a and Aboriginal community representatives suitably qualified archaeologist* and of all work in the vicinity of DIA 16587 Aboriginal community representatives in (PC-02) order to ensure that development impacts • Implement appropriate heritage are minimized and/or managed in an management procedures (p. 53/54) as appropriate manner. (Relevant to Section 1) required to ensure minimal disturbance to the site (This could be done during construction phase when Aboriginal monitors are present) • Archaeologist to record impact (if any) of development on site to include in final report to DIA 23 Additional ethnographic consultation and • Undertake conditions as per agreement archaeological recording is undertaken* at with the Wong-Goo-Tt-Oo these sites as requested by members of the • Implement appropriate heritage Wong-Goo-Tt-Oo group. (Relevant to management procedures (p. 53/54) as Section 1) required to ensure minimal disturbance to the site 24 This site is to be fenced off to ensure its • Implement appropriate heritage protection during the pipeline construction management procedures (fencing) (p. phase, as requested by the Kuruma people. 53/54) (Relevant to Section 1) • Monitoring by Aboriginal community representatives • Archaeologist to record impact (if any) of development on site to include in final report to DIA 25 This site is to be fenced off to ensure its • Implement appropriate heritage protection during the pipeline construction management procedures (fencing) (p. phase. (Relevant to Section 1). 53/54) • Archaeologist to record impact (if any) of development on site to include in final report to DIA 26 The need for a deviation at Peter Creek is • It is understood that this deviation will no no longer requested on cultural grounds. longer be utilised (Not relevant to any current Sections). • Ensure all construction works are contained within the original 30 metre corridor or undertake consultation with the Thudgari and Gnulli groups regarding the current expansion of the original 30 metre corridor 27 The Towera deviation is designed to avoid • It is understood that this deviation will no these sites. (Relevant to Section 3). longer be utilised • Ensure all construction works are contained within the original 30 metre corridor or undertake consultation with the Thudgari and Gnulli groups regarding the current expansion of the original 30 metre corridor 28 The DBNGP corridor is deviated to ensure • It is understood that this deviation will no that this site (DIA 10343) is not impacted longer be utilized upon. (Relevant to Section 4). • Ensure all construction works are contained within the original 30 metre corridor or undertake consultation with the Thudgari and Gnulli groups regarding the current expansion of the original 30 metre corridor

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 71

6089 7272WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

29 The Thudgari and Gnulli groups are advised • Implement appropriate heritage of the protection measures adopted to management procedures ensure there is no impact on these sites. • Advise the Thudgari and Gnulli groups of (Relevant to Sections 3 and 4). heritage management procedures (p. 53/54) implemented • Archaeologist to record impact (if any) of development on site to include in final report to DIA 30 As the proposed Comallo-Badgingarra • It is understood that this deviation will no deviation (Hill River area) is to be longer be utilised implemented, DIA is to be advised of the • Undertake consultation with the Yued results of the survey and consultation for the people regarding the current expansion of proposed new alignment if it has taken the original 30 metre corridor place, or, appropriate survey and consultation in relation to the deviation is to be undertaken. Further, DIA is to be advised whether any sites exist in the proposed alignment and whether a section 18 will be needed in respect of any known or newly located sites. (Relevant to Section 9). 31 The grindstone at DIA 18067 is to be • Implement appropriate heritage flagged and avoided during construction management procedures (flagging) (p. work and the flagging is to be removed 53/54) following completion of the construction • Monitoring by Aboriginal community work. (Relevant to Section 5) representatives • Archaeologist to record impact (if any) of development on site to include in final report to DIA * Note: The archaeological work identified in conditions 7-10 and 16-23 would need to be undertaken by a suitably qualified archaeologist commissioned by the applicant who is issued with a permit under Section 16. It is also important that Aboriginal community representatives be consulted and involved in the archaeological investigations. In particular, material should be returned to the Aboriginal community for storage (if so desired), with professional input being provided on issues such as curation and display.

2. In relation to the 2003 section 18 conditions (Perth Metropolitan Area) for which the proponent is the Department of Industry and Resources:

NUMBER CONDITION RECOMMENDED ACTION 1 Engage two (2) monitors from each Native • As per condition 1 Title claimant group on a rotational basis to undertake monitoring of earthworks associated with the pipeline construction.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 72

6089 7373WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

2 Avoid where possible impact upon DIA • A field assessment survey conducted by a 3888 (Munday Swamp/Poison Gully). If this qualified archaeologist to locate and is not possible, an archaeologist and identify the site. (This could be done during Aboriginal heritage monitors are to be construction phase when Aboriginal employed to monitor earthworks in the monitors are present) vicinity of the site for cultural material. • Implement appropriate heritage management procedures (p. 53/54) • Monitoring of earthworks in the vicinity of the site by Aboriginal community representatives • Archaeologist to record impact (if any) of development on site to include in final report to DIA 3 Avoid disturbance within 50 metres of • A field assessment survey conducted by a Forrestdale Lake. qualified archaeologist to locate and identify the site. (This could be done during construction phase when Aboriginal monitors are present) • Monitoring by Aboriginal community representatives 4 Design river crossings in such a way as to • Identify previously acceptable plans from satisfy the requests of Aboriginal people. ethnographic surveys or undertake consultation with the relevant Aboriginal people to determine acceptable waterway crossing designs • Monitoring during the construction phase of waterway crossings by Aboriginal community representatives • Archaeologist to record impact (if any) of development on site to include in final report to DIA 5 Provide the Registrar of Aboriginal Sites at • Provide a report to the Minister at the the completion of the development proposal, completion of the project including the a written report outlining whether and to information listed in Condtion 5. In what extent the development has impacted addition, report to include a description of on all or any Aboriginal sites or objects that the current status of registered sites within may be located on the land, including a the corridor to update DIA site files detailed description of: a) Whether such sites or objects have been partially or entirely impacted by the development; b) The level, type and effect of any such impact (including, where possible, the provision of photographs taken during and after the impact); c) Where Aboriginal heritage sites or objects have been mitigatively salvaged, when and how such salvage took place who was present at the salvage and, subject to issues of cultural confidentiality, to where the material was re-located.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 73

6089 7474WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP 3. In relation to the 2003 section 18 conditions (Kwinana to Bunbury – Section 11) for which the proponent is the Department of Industry and Resources:

NUMBER CONDITION RECOMMENDED ACTION 1 The proponent reaches agreement with • Identify previously acceptable plans from Aboriginal groups concerning specific ethnographic surveys or undertake design methodologies at the river crossings consultation with the relevant Aboriginal of the Serpentine, Brunswick, and Murray people to determine acceptable waterway rivers, and consideration is given to not crossing designs constructing the pipeline through or under • Monitoring during the construction phase of the river. waterway crossings by Aboriginal community representatives • Archaeologist to record impact (if any) of development on site to include in final report to DIA 2 That staff and contractors as appropriate are • Provide staff and contractors with a cultural advised of their responsibilities and awareness presentation and advise them of obligations under the AHA, and ensure that the above heritage management procedures the camping areas identified adjacent to the (p. 53/54) and their responsibilities under corridor be protected during the the Act development, specifically sites 3710 • No action required regarding these sites as (Thomas Oval) and 3698 (Chalk Hill contained within Loop 10 Camps). 3 That a section 16 permit be issued to a • Monitoring by qualified archaeologist qualified archaeologist and Aboriginal issued with a section 16 permit in monitors to undertake monitoring of the conjunction with Aboriginal community corridor for all ground disturbance carried representatives for all ground disturbance out during the establishment of any proposed carried out during the establishment of any infrastructure, to avoid damage to any proposed infrastructure archaeological sites not located during the course of the survey. 4 That the proponents give consideration to • Review and identify the recommendations other recommendations in the report. in Hames 2002 • Consider implementing the recommendations in Hames 2002 5 That the Department of Industry and • Provide a report to the Minister at the Resources provide to the Registrar of completion of the project including the Aboriginal Sites (the Registrar) at the information listed in condition 5. In completion of the development proposal, a addition, report to include a description of written report advising the Registrar whether the current status of registered sites within and to what extent the development has the corridor to update DIA site files impacted on all or any Aboriginal sites or objects that may be located on the land, including a detailed description of: a) Whether such sites or objects have been partially or entirely impacted by the development; b) The level, type and effect of any such impact (including, where possible, the provision of photographs taken during and after the impact);

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 74

6089 7575WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

Consultations Required It is recommended that further consultations be undertaken for different reasons. Firstly, in fulfilment of current section 18 conditions. Secondly, should works be planned in areas of pipeline previously intended to have deviations, works must remain within the original thirty (30) metre corridor or sixteen (16) metre corridor south of the metropolitan area or potentially require consultation with the relevant Aboriginal representatives according to the following table:

Section Issue Group 1 DIA 10526 (Gas Pipeline 29) Won-goo-Tt-Oo 1 Won-goo-Tt-Oo DIA 11816 (Devil Creek, Mardie Station) 1 DIA 18088 Maitland River Won-goo-Tt-Oo 1 DIA 18089 Yanyare River Yanyare River 9 Badgingarra Deviation Yued 10 Red Gully Deviation Yued 10 Gingin Deviation Yued 10 Muchea Deviation CSR&SCP 10 Swan River Crossing CSR&SCP 11 North Pinjarra Deviation Gnaala Karla Boodja 11 Lake Pinjarra Deviation Gnaala Karla Boodja 11 DIA 3537 (Murray River) crossing Gnaala Karla Boodja

The Won-goo-Tt-Oo Native Title claim does not extend over the above rivers.

At the time of writing, no new Native Title claimant groups have been formed. However, should this situation occur prior to the completion of the project, a variation to the scope of works may have to be negotiated.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 75

6089 7676WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

RECOMMENDATIONS

• It is recommended that section 18 conditions related to the project be complied with in full. (See OVERVIEW for recommended actions).

• It is recommended that Alinta meet with DIA to discuss and review the existing pipeline corridor section 18 consents to ensure that both parties share the same understanding of the consents and their application to Stage 5.

• Where new sites that may be impacted by the project are identified as a result of the further investigations recommended in this report, there should be further consultation with the relevant Aboriginal groups.

• It is recommended that an Aboriginal Heritage Management Protocol be established and agreed with all groups for Stage 5 works. This document should include appropriate heritage management procedures (see p.52) be put in place during the planning phase of Stage 5. It is recommended that a cultural awareness presentation to the construction crews at the start of each Section be included.

• In relation to the sections of unwidened corridor (where deviations were proposed but not constructed), it is recommended that works be contained within the original thirty (30) metre corridor or that an archaeologist inspect the wider area and if necessary that further consultation be undertaken with the relevant Aboriginal groups.

• It is recommended that all ground disturbing activities during construction should be monitored, under Section 18 of the Act, as determined by the Minister in 2002. Monitoring by Aboriginal people should engage two representatives from each Native Title Claimant group in the relevant section and be undertaken on a rotational basis.

• It is recommended that a Section 16 permit be sought from DIA by the archaeologist for the entire length of the pipeline to undertake mitigative action if any Aboriginal cultural material is found.

• It is recommended that ongoing discussion take place with DIA to determine whether newly registered sites or groups are involved in works.

• It is recommended that throughout the construction of the pipeline, Alinta fulfill prior commitments in relation to all formal arrangements that have been made and to abide by all conditions imposed by the Minister in the granting of the s18 permissions.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 76

6089 7777WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

REFERENCES Australian Interaction Consultants, 2001 Site Avoidance survey under the Aboriginal Heritage Act (1972) of proposed deviations to the extended Dampier to Bunbury Natural Gas Pipeline Corridor. Unpublished report for the Gas Pipeline Working Group.

Australian Interaction Consultants, 2002 Management report of Aboriginal heritage aspects of the Dampier to Bunbury Natural Gas Pipeline Corridor through the Perth Metropolitan Area. Prepared for the Department of Industry and Resources.

Australian Interaction Consultants, 2002 Ethnographic Site Avoidance Survey of the Proposed Widening of the Dampier to Bunbury Natural Gas Pipeline Corridor Volume 1 of 2, the Widi Mob representatives. Prepared for the Department of Mineral and Petroleum Resources.

Australian Interaction Consultants, 2002 Ethnographic Site Avoidance Survey of the Proposed Widening of the Dampier to Bunbury Natural Gas Pipeline Corridor Volume 2 of 2, the Pandawn representatives. Prepared for the Department of Mineral and Petroleum Resources.

Australian Interaction Consultants, 2002 Section 18 Consultation of the Dampier to Bunbury Natural Gas Pipeline deviation at Gingin, WA with representatives of the SVNC and the Garlett Family. Prepared for the Gas Pipeline Working Group.

Australian Interaction Consultants, 2002/2003 Ethnographic Site Avoidance Survey of the Dampier to Bunbury Natural Gas Pipeline Corridor , Kwinana Junction Pressure Reduction Facility to MLV 157 at Kwinana to Bunbury, WA. Prepared for Hames Consultancy Group.

Australian Interaction Consultants, 2003 Section 18 Consultation of the proposed Alignment of the Metropolitan Section of the DBNGP between MLV117 and Kwinana Junction Pressure Reduction Facility, WA. Prepared for the Department of Industry and Resources.

Australian Interaction Consultants, 2003 Addendum to a Report on an Ethnographic Site Avoidance Survey of the DBNGP Corridor Route for Deviations to the Dampier to Bunbury Gas pipeline between Kwinana and Bunbury, WA. Prepared for Hames Consultancy Group.

Australian Interaction Consultants, 2003 Addendum to a Report of the proposed Alignment of the Metropolitan Section of the DBNGP for Consultation relating to Proposed Swan River Pipeline Crossing between Bullsbrook and Postans, WA. Prepared for Hames Consultancy Group.

Australian Interaction Consultants, 2004 Report on an archaeological and ethnographic

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 77

6089 7878WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP survey of the proposed DBNGP Corridor Deviation at Kemerton, WA. Prepared for Hames Consultancy Group.

Beard, J. S. 1990 Plant Life of Western Australia. Kangaroo Press, Kenthurst.

Bowman Bishaw Gorham, 2004 Dampier to Bunbury Natural Gas Pipeline Corridor Widening – Kwinana to Bunbury Project, Strategic Environmental Review. Prepared for the Gas Pipeline Working Group.

Corsini. S. 2001 Eneabba and Benharra/Dongara Pipeline Deviations.

Dames and Moore, 2000 Report on DBNGP Corridor Expansion, Section 16(e) Strategic Environmental Review. Prepared for the Gas Pipeline Sale Steering Committee.

Department of Indigenous Affairs database, accessed from: www.dia.wa.gov.au

Goode, B. 2000 Report on Pinjarra Bridge, South West Highway and sites S0198, S02549, S02125 and S02235 Western Australia. Prepared for Main Roads (WA)

Hames 2002 Desktop Study of Aboriginal Heritage aspects of the Proposed Widening of the Dampier to Bunbury Natural Gas Pipeline Corridor Widening between Kwinana to Bunbury. Prepared for the Department of Mineral and Petroleum Resources.

Hendros, A. 2000 Eneabba to Gingin Pipeline Deviation.

Lantzke, D. and Parker, R. 2000 Report on Cultural Clearance of Maintenance Borrow Pits on the Dampier to Bunbury Natural Gas Pipeline. Prepared for Epic Energy (WA).

McDonald, Hales and Associates, 1994 Goldfields Gas Transmission Project Aboriginal Heritage Survey Northern Section Appendices.

McDonald, Hales and Associates, 2001 Addendum to ‘Report on Aboriginal Heritage Investigations Proposed BNGP Corridor Widening Project. Unpublished report for the Office of Major Projects.

McDonald Hales and Associates, 2001 Proposed Dampier to Bunbury Natural Gas Pipeline Corridor Widening Project.

McDonald Hales and Associates, 2003 Report of Aboriginal Heritage Investigations for Proposed DBNGP Corridor Widening Project.

Mulvaney J. and Kamminga, J. 1999 Prehistory of Australia. Published by Allen & Unwin.

O’Connor, R. Quartermaine, G. and Bodney, C. 2000 Report on a Survey for Aboriginal sites at the proposed Leda subdivision, near Kwinana, Unpublished report prepared for

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 78

6089 7979WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP LandCorp.

O’Connor, R. 2001 Report on an Ethnographic Survey of two Proposed Deviations to the Dampier to Bunbury Gas Pipeline Route. Prepared for the Department of Resources Development.

Pickering, M. 1982 An archaeological survey of the Dampier to Perth Natural Gas Pipeline route, Section 5: Irwin River to Muchea/Dongara. Unpublished report for the Gas Pipeline Working Group.

Quartermaine, G. 1986 Addendum to an Aboriginal Site Survey of the DBNGP Gas Lateral Facility, Carnarvon Lateral.

Quartermaine, G. 1996 Report on an Archaeological Investigation for Aboriginal Sites, Proposed Roadworks at Mundijong Road.

Quartermaine, G. 1998 Addendum to Report on an Archaeological Investigation for Aboriginal and Heritage Sites, Kwinana Freeway extensions.

Sauman, D. 2001 Site Avoidance Survey under the AHA of Proposed Deviations to the Extended DBNGP Corridor.

Schwede, M. 1983-84 Archaeological Investigations along Gas Pipeline Laterals in the Perth Metropolitan Area.

Strawbridge, L. 1987 Aboriginal Sites in the Perth Metropolitan Area: A Management Scheme.

Veitch, B. 1991 Report of Additional Reconnaissance along the Tubridgi Pipeline, Onslow, WA.

Venz, T. 2000 Geraldton/Mt Magnet Road to Eneabba Deviation.

Veth, P. L. Strawbridge and Moore P. 1990 Report of an Archaeological and Ethnographic Survey of the Tubridgi Pipeline, Onslow, WA.

Western Australian Museum, 1980 Report on the Dampier Salvage Project.

Wright, B. J. 1982 Minatome Onslow Project – an Ethnographic and Archaeological Survey.

APPENDIX 1 – List of 2002 Section 18 Conditions

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 79

6089 8080WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP (Dampier to Perth)

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 80

6089 8181WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 81

6089 8282WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 82

6089 8383WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 83

6089 8484WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 84

6089 8585WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 85

6089 8686WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 86

6089 8787WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 87

6089 8888WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

APPENDIX 2 – List of 2003 Section 18 Conditions (Perth Metropolitan Area)

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 88

6089 8989WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 89

6089 9090WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

APPENDIX 3 – List of 2003 Section 18 Conditions (Kwinana to Bunbury)

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 90

6089 9191WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 91

6089 9292WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

APPENDIX 4 – Cultural Material Contingency Plan

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 92

6089 9393WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

APPENDIX 5 - Aboriginal Heritage Act (1972)

The following information is from a heritage perspective only, and any binding legal advice must be sought from an appropriate legal source. This information is extracted from the DIA website at www.dia.wa.gov.au.

Developers must make a reasonable effort to find out if any sites exist in the development area. If a previously unrecorded site or any Aboriginal material is located the land owner or user must report them to the Registrar of Aboriginal Sites.

Under the Act it is an offence to disturb any Aboriginal site. If a development is likely to impact on a site, consent to proceed must be given by the Minister for Aboriginal Affairs in the form of a section 18 permit. Penalties include fines of up to $2000 and/or 12 months imprisonment. Sites or material can include burial grounds; symbols; objects; cave or rock paintings or engravings; stone structures; arranged stones; and carved trees.

The Minister for Indigenous Affairs is responsible for the administration of the Act. He or she ensures that all places in Western Australia which are of traditional or current sacred, ritual or ceremonial significance to Indigenous people are recorded and their importance evaluated.

A section 18 permit is required only if a development is likely to impact on an existing site. If no sites are located within an area, or if the development can avoid an existing site in a manner acceptable to relevant Aboriginal people, no section 18 is required. However, should a previously unrecorded site be located during works, then work must cease and a section 18 application must be made. For this reason it is recommended that a survey be conducted before development to assess the location of any sites and prevent delays to the proceedings.

If monitoring by Aboriginal people and a heritage consultant is to occur during development, a section 16 permit can also be obtained which allows study and removal of objects located in the development area. Consultation with Aboriginal people before development should indicate whether this is an appropriate possibility to mitigate the impact of development.

5. Application to places

This Act applies to: (a) any place of importance and significance where persons of Aboriginal descent have, or appear to have, left any object, natural or artificial, used for, or made or adapted for use for, any purpose connected with the traditional cultural life of the Aboriginal people, past or present; (b) any sacred, ritual or ceremonial site, which is of importance and special significance to persons of Aboriginal descent;

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 93

6089 9494WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP (c) any place which, in the opinion of the Committee, is or was associated with the Aboriginal people and which is of historical, anthropological, archaeological or ethnographical interest and should be preserved because of its importance and significance to the cultural heritage of the State; (d) any place where objects to which this Act applies are traditionally stored, or to which, under the provisions of this Act, such objects have been taken or removed. [Section 5 inserted by No. 8 of 1980 s. 2; amended by No. 24 of 1995 s. 6.]

6. Application to objects

(1) Subject to subsection (2a), this Act applies to all objects, whether natural or artificial and irrespective of where found or situated in the State, which are or have been of sacred, ritual or ceremonial significance to persons of Aboriginal descent, or which are or were used for, or made or adapted for use for, any purpose connected with the traditional cultural life of the Aboriginal people past or present. (2) Subject to subsection (2a), this Act applies to objects so nearly resembling an object of sacred significance to persons of Aboriginal descent as to be likely to deceive or be capable of being mistaken for such an object. (2a) This Act does not apply to a collection, held by the Museum under section 9 of the Museum Act 1969, which is under the management and control of the Trustees under that Act. (3) The provisions of Part VI do not apply to an object made for the purpose of sale and which: (a) is not an object that is or has been of sacred significance to persons of Aboriginal descent, or an object so nearly resembling such an object as to be likely to deceive or be capable of being mistaken for the same; or (b) is an object of the kind referred to in paragraph (a) that is disposed of or dealt with by or with the consent of the Minister. [Section 6 amended by No. 24 of 1995 s. 7.]

7. Traditional use

(1) Subject to subsection (2), in relation to a person of Aboriginal descent who usually lives subject to Aboriginal customary law, or in relation to any group of such persons, this Act shall not be construed: (a) so as to take away or restrict any right or interest held or enjoyed in respect to any place or object to which this Act applies, in so far as that right or interest is exercised in a manner that has been approved by the Aboriginal possessor or custodian of that place or object and is not contrary to the usage sanctioned by the Aboriginal tradition relevant to that place or object; or (b) so as to require any such person to disclose information or otherwise to act contrary to any prohibition of the relevant Aboriginal customary law or tradition. (2) Nothing in subsection (1) authorises any person, or group of persons, to dispose of or exercise any right or interest, or any purported right or interest, in a manner which is, in the opinion of the Minister, detrimental to the purposes of this Act.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 94

6089 9595WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP [Section 7 amended by No. 24 of 1995 s. 8.]

16. Excavation of Aboriginal sites

(1) Subject to section 18, the right to excavate or to remove any thing from an Aboriginal site is reserved to the Registrar. (2) The Registrar, on the advice of the Committee, may authorise the entry upon and excavation of an Aboriginal site and the examination or removal of any thing on or under the site in such manner and subject to such conditions as the Committee may advise. [Section 16 amended by No. 8 of 1980 s. 5; No. 24 of 1995 s. 17.]

17. Offences relating to Aboriginal sites

A person who: (a) excavates, destroys, damages, conceals or in any way alters any Aboriginal site; or (b) in any way alters, damages, removes, destroys, conceals, or who deals with in a manner not sanctioned by relevant custom, or assumes the possession, custody or control of, any object on or under an Aboriginal site, commits an offence unless he is acting with the authorisation of the Registrar under section 16 or the consent of the Minister under section 18. [Section 17 inserted by No. 8 of 1980 s. 6; amended by No. 24 of 1995 s. 18.]

18. Consent to certain uses

(1) For the purposes of this section, the expression “the owner of any land” includes a lessee from the Crown, and the holder of any mining tenement or mining privilege, or of any right or privilege under the Petroleum Act 1967, in relation to the land. (1a) A person is also included as an owner of land for the purposes of this section if: (a) the person; (i) is the holder of rights conferred under section 34 of the Dampier to Bunbury Pipeline Act 1997 in respect of the land or is the holder's nominee approved under section 34(3) of that Act; or (ii) has authority under section 7 of the Petroleum Pipelines Act 1969 to enter upon the land; or (b) the person is the holder of a distribution licence under Part 2A of the Energy Coordination Act 1994 as a result of which the person has rights or powers in respect of the land. (2) Where the owner of any land gives to the Committee notice in writing that he requires to use the land for a purpose which, unless the Minister gives his consent under this section, would be likely to result in a breach of section 17 in respect of any Aboriginal site that might be on the land, the Committee shall, as soon as it is reasonably able, form an opinion as to whether there is any Aboriginal site on the land, evaluate the

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 95

6089 9696WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP importance and significance of any such site, and submit the notice to the Minister together with its recommendation in writing as to whether or not the Minister should consent to the use of the land for that purpose, and, where applicable, the extent to which and the conditions upon which his consent should be given. (3) Where the Committee submits a notice to the Minister under subsection (2) he shall consider its recommendation and having regard to the general interest of the community shall either: (a) consent to the use of the land the subject of the notice, or a specified part of the land, for the purpose required, subject to such conditions, if any, as he may specify; or (b) wholly decline to consent to the use of the land the subject of the notice for the purpose required, and shall forthwith inform the owner in writing of his decision. (4) Where the owner of any land has given to the Committee notice pursuant to subsection (2) and the Committee has not submitted it with its recommendation to the Minister in accordance with that subsection the Minister may require the Committee to do so within a specified time, or may require the Committee to take such other action as the Minister considers necessary in order to expedite the matter, and the Committee shall comply with any such requirement. (5) Where the owner of any land is aggrieved by a decision of the Minister made under subsection (3) he may, within the time and in the manner prescribed by rules of court, appeal from the decision of the Minister to the Supreme Court which may hear and determine the appeal. (6) In determining an appeal under subsection (5) the Judge hearing the appeal may confirm or vary the decision of the Minister against which the appeal is made or quash the decision and substitute his own decision which shall have effect as if it were the decision of the Minister, and may make such order as to the costs of the appeal as he sees fit. (7) Where the owner of any land gives notice to the Committee under subsection (2), the Committee may, if it is satisfied that it is practicable to do so, direct the removal of any object to which this Act applies from the land to a place of safe custody. (8) Where consent has been given under this section to a person to use any land for a particular purpose nothing done by or on behalf of that person pursuant to, and in accordance with any conditions attached to, the consent constitutes an offence against this Act. [Section 18 inserted by No. 8 of 1980 s. 6; amended by No. 24 of 1995 s. 19 2; No. 58 of 1999 s. 39.]

62. Special defence of lack of knowledge In proceedings for an offence against this Act it is a defence for the person charged to prove that he did not know and could not reasonably be expected to have known, that the place or object to which the charge relates was a place or object to which this Act applies.

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 96

6089 9797WORKING DOCUMENT TO IDENTIFY ABORIGINAL HERITAGE ISSUES TO FACILITATE RISK MANAGEMENT STRATEGIES FOR STAGE 5 OF THE DBNGP

EXTRA APPENDICES – MAPS OF DIA Sites – to be included

A REPORT PREPARED FOR ALINTA BY AUSTRALIAN INTERACTION CONSULTANTS 97

6089