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4. Trial Bay Gaol Today

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4. Trial Bay Gaol Today 4.0 Trial Bay Gaol Today Section 2 set out a brief history of the Gaol and site to assist in understanding the values and significance of the historical fabric and features of the site that are discussed in Section 3. This section of the report provides an overview of Trial Bay as it is today. While it is easy to see sites such as the gaol as having ‘heritage value’ because of their history it is also important to understand why visitors and users of the site value the place for other reasons. It is also important to understand how the site operates and to identify the strengths and weaknesses of its current operation. The following sections set out the DEC requirements and management objectives for the site, describe the site facilities and how they are currently used by visitors. 4.1 Statutory and Other Controls This section outlines statutory and other constraints that affect Trial Bay Gaol and the Arakoon State Conservation Area that surrounds it. Statutory controls NP&W Act and DEC Policy Requirements All historic remains and all potential subsurface archaeological features at Trial Bay Gaol are protected under the provisions of the National Parks and Wildlife Act 1974 as part of Arakoon State Recreation Area, with the addition of Gap Beach in 1977 and further additions at Front beach and Saltwater Lagoon. The NP&W Act sets out that removal of any deposit, object or material evidence relating to the settlement or occupation of NSW (not being Aboriginal settlement or occupation) is an offence if the material is more that 25 years old at the date of interference. The National Parks and Wildlife Act 1974 requires the preparation of a Plan of Management for every reserve. Trial Bay Gaol is subject to the Arakoon State Recreation Area Plan of Management endorsed by NPWS in 1987. This document will be reviewed following endorsement of this CM+CTP. All flora and fauna occurring on the site that have been identified as being Vulnerable, Endangered or Protected, are protected under the National Parks and Wildlife Act 1974 and the Threatened Species Conservation Act 1995. NSW Heritage Act The site is not included as an item on the State Heritage Register but is included on the Section 170 Register. The place is clearly a place of State significance and should be nominated for inclusion on the State Heritage Register. Apart from setting out why the place is significant the Act requires applications for any work to the place to be made under the provisions of Section 60. NPWS have standard exemptions for a range of works. Following the endorsement of this Plan further exemptions TRIAL BAY GAOL PAUL DAVIES PTY LTD CONSERVATION MANAGEMENT AND CULTURAL TOURISM PLAN APRIL 2004 71 could be provided, however major works, even where endorsed will require an application under Section 60 of the Act. All historic remains and all potential subsurface archaeological features over 50 years of age are also subject to the relics provisions of the NSW Heritage Act 1977 and are therefore afforded concurrent statutory protection under this Act. Other Controls Under the Rural Fires Act 1997 a local Bushfires Management Committee is required to produce a Bushfire Risk Management Plan and a Bushfire Operational Plan. This committee, which includes members of the local community and a representative of NPWS, will need to consider this CMP during the formulation of these plans. Where this site is deemed to be a high risk area, appropriate fire management controls may need to be put in place. These controls should endeavour to respect the significance of the place while seeking to reduce the fire risk on the site. These plans may need to consider the processes proposed in conservation policies of this document. These plans may also need to consider undertaking cultural and natural heritage surveys in areas specifically marked for hazard reduction works, ie backburning or general vegetation clearing around site boundaries. Approvals Following endorsement of the CMP and listing on the State Heritage Register, work that complies with the policies and maintenance schedules within it will not require further approval under the NSW Heritage Act. The CMP will be the guiding document (with the Management Plan for the place) in assessing work. Approval to undertake work is required under the National Parks and Wildlife Act, the Epand A Act and the NSW Heritage Act. Routine and regular maintenance works are exempt works and may be undertaken without approval. Aboriginal Heritage Aboriginal cultural heritage in Australia is protected and managed under the following Commonwealth and State legislation. Australian Heritage Commission Act 1975 The Australian Heritage Commission Act 1975 established the Australian Heritage Commission (AHC) to identify places of importance to the National Estate. The AHC maintains a register (the Register of the National Estate) of places that are significant in terms of their association with a particular community or social group for social cultural or spiritual reasons. Currently Arakoon State Recreation Area is listed on the Register of the National Estate but contains no reference to significant Aboriginal heritage. Aboriginal and Torres Strait Islander Heritage Protection Amendment Act 1987 The Aboriginal and Torres Strait Islander Heritage Protection Amendment Act 1987 is a federal act administered by the Aboriginal and Torres Strait Islander Commission and provides blanket protection for Aboriginal heritage in circumstances where such protection is TRIAL BAY GAOL PAUL DAVIES PTY LTD CONSERVATION MANAGEMENT AND CULTURAL TOURISM PLAN APRIL 2004 72 not available at state level. This Act comes under Commonwealth jurisdiction which means that it can override State and Territory provisions. New South Wales National Parks and Wildlife Act 1974 All Aboriginal relics are protected under Section 90 of the National Parks and Wildlife Act 1974. Sites of traditional significance that do not necessarily contain archaeological materials may be gazetted as Aboriginal places and are protected under Section 84 of the Act. This protection applies to all sites regardless of their significance or land tenure. Under Section 90 of the Act it is an offence to knowingly disturb, damage or destroy relics or Aboriginal places without prior written consent of the Director-General of DEC. Under the Act a relic is defined as: 'Any deposit, object or material evidence (not being a handicraft for sale) relating to indigenous and non-European habitation of the area that comprises New South Wales, being habitation both prior to and concurrent with that area by persons of European extraction, and includes Aboriginal remains.' A site register search of the NSW National Parks and Wildlife Service Aboriginal Sites Register identified 115 Aboriginal archaeological recorded within roughly 10km of the Trial Bay Gaol area. See Appendix F for further details. The NPWS Field Management Policies Manual (currently being updated) contains general policies and procedures which cover Aboriginal sites within the local region. In relation to Aboriginal sites these include consultation, conservation and impact assessment. The Policies Manual specifies that Conservation Management Plans should be prepared for both site types and that management or other decisions should not be undertaken until the Conservation Management Plan has been prepared. In dealing with Aboriginal sites there is a heavy emphasis on consultation with Aboriginal communities and local Land Councils. This document satisfies that requirement. Non-Statutory Controls Register of the National Estate Arakoon State Recreation Area is listed on the Register of the National Estate. A copy of the listing is included at Appendix K. This listing recognises the national significance of the site but does not invoke applications for works. National Trust of Australia (NSW) The National Trust has included the place on its register of significant places. This register is non-statutory but recognises places of potential significance and provides an indication of places held in esteem by the broader community. No applications or consultations are required as a result of this listing. TRIAL BAY GAOL PAUL DAVIES PTY LTD CONSERVATION MANAGEMENT AND CULTURAL TOURISM PLAN APRIL 2004 73 4.2 DEC Management Objectives The Department of Environment and Conservation sees the Trial Bay Gaol precinct as the key tourist cultural heritage destination in the mid-north coast region. Its close proximity and links with Smoky Cape Lighthouse, another important cultural site in the area, provides opportunities for high levels of visitation and a greatly enhanced visitation experience. While NPWS are keen to see the whole site provide a high level experience for a range of visitors, the gaol complex provides the focal point for future interpretation and activities should focus on the gaol and its interpretation and presentation. NPWS have a number of specific immediate requirements for the place to improve its appeal, operation and safety. These include: • ongoing conservation and management as a key destination to support heritage conservation outcomes • separation of camping enquiries from the gaol building • improved staff facilities and security at the gaol • upgrade of the current interpretation as an interim measure to provide a better visitation experience • strategies to manage the broader site and landscape in accordance with its cultural and natural values • reach a broader visitor group to expand the current gaol visitation numbers •
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