Subdivision of Lot 1 DP 855219 on Lucas Road, Springrange

ABORIGINAL DUE DILIGENCE ASSESSMENT Subdivision of Lot 1 DP 855219 on Lucas Road, Springrange

July 2020

Aboriginal Due Diligence Assessment Subdivision of Lot 1 DP 855219 on Lucas Road, Springrange

DOCUMENT VERIFICATION

Project Title: Subdivision of Lot 1 DP 855219 on Lucas Road, Springrange

Project Number: 20-327

Project File Name: 20-327 Lucas Road Subdivision DD Final 20200722

Revision Date Prepared by Reviewed by Approved by Draft 16/07/2020 Jasmine Tearle Emily Dillon Ali Byrne and Kirsten Bradley Final 22/07/2020 Jasmine Tearle and Emily Dillon Ali Byrne Kirsten Bradley

NGH Pty Ltd prints all documents on environmentally sustainable paper including paper made from bagasse (a by-product of sugar production) or recycled paper.

Aboriginal Due Diligence Assessment Subdivision of Lot 1 DP 855219 on Lucas Road, Springrange

TABLE OF CONTENTS

Introduction ...... 1

Subject Site ...... 1

Project Personnel ...... 1

Approach and Format of this Report ...... 1

Legislation ...... 4

The National Parks and Wildlife Act 1974 ...... 4

Environmental Planning and Assessment Act 1979 ...... 5

Yass Valley Local Environmental Plan 2013 ...... 5

Ground Disturbance ...... 5

Other Heritage Register Searches ...... 7

Archaeological context ...... 9

Landscape Assessment ...... 10

Geology ...... 11

Topography ...... 11

Soils ...... 11

Vegetation ...... 11

Historic Land Use ...... 11

Aboriginal Site Prediction ...... 12

Landscape Assessment Summary ...... 12

Impact Avoidance ...... 12

Desktop Assessment and Visual Inspection ...... 13

Further Assessment ...... 17

Recommendations ...... 17

References ...... 18

NGH Pty Ltd | 20-327 - Final | i Aboriginal Due Diligence Assessment Subdivision of Lot 1 DP 855219 on Lucas Road, Springrange

FIGURES

Figure 1-1 General location of the Proposal Area ...... 2

Figure 1-2 Proposal Area...... 3

Figure 4-1 AHIMS sites surrounding the Proposal Area ...... 8

TABLE

Table 1-1 Due Diligence Steps for this report...... 4

Table 4-1 Breakdown of previously recorded Aboriginal sites in the region...... 6

Table 4-2. Aboriginal Site Prediction Statements ...... 12

PLATES

Plate 1 View south showing existing house on crest and steep slopes surrounding the crest landform...... 14

Plate 2 View north showing fencing and dam disturbances...... 14

Plate 3 View north showing sealed road and shallow soil profile in cutting...... 15

Plate 4 View west showing driveway from the existing house crossing saddle and spur landforms. Note the exposed bedrock in the graded track...... 15

Plate 5 View west showing extensive outcropping and bedrock exposures on hillcrest...... 15

Plate 6 View west showing cobbles scattered across the Proposal Area...... 15

Plate 7 Close up of milky quartz outcropping material within the Proposal Area...... 15

Plate 8 Showing furrows and steep slope along the transmission line corridor ...... 15

Plate 9 View east up slope with saddle in the background showing water retained and bubbling from the soils. Note the shallow soil profile...... 16

Plate 10 View east along the northern boundary fence line showing swampy flats with shallow soil profile. . 16

Plate 11 View west over proposed development footprint showing spur...... 16

Plate 12 View south over the proposed development footprint towards to the existing house in the southern portion of the property...... 16

Plate 13 View north along the proposed transmission line showing steeply sloping hills...... 16

Plate 14 View west showing existing fence proposed to be used as boundary, note high visibility and steep slopes...... 16

NGH Pty Ltd | 20-327 - Final | ii Aboriginal Due Diligence Assessment Subdivision of Lot 1 DP 855219 on Lucas Road, Springrange

ACRONYMS AND ABBREVIATIONS

AHIMS Aboriginal Heritage Information Management System AHIP Aboriginal Heritage Impact Permit AHMS Archaeological and Heritage Management Solutions Catalyze Catalyze Property Consulting Pty Ltd DPIE Department of Planning, Industry and Environment Due Diligence Code Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW (DECCW 2010) EP&A Act Environmental Planning and Assessment Act 1979 (NSW) Ha Hectare Heritage NSW Heritage New South Wales (formally DPIE) Km kilometres LALC Local Aboriginal Land Council LEP Local Environmental Plan LGA Local Government Area M Metres NGH NGH Pty Ltd NPW Act National Parks And Wildlife Act 1974 (NSW) NSW New South Wales PAD Potential Archaeological Deposit Proposal area Area assessed in this report REP Regional Environmental Plans SHI State Heritage Inventory TfNSW Transport for New South Wales

NGH Pty Ltd | 20-327 - Final | iii Aboriginal Due Diligence Assessment Subdivision of Lot 1 DP 855219 on Lucas Road, Springrange

EXECUTIVE SUMMARY

NGH Pty Ltd (NGH) were commissioned by Catalyze Property Consulting Pty Ltd (Catalyze) on behalf of the landowners to undertake a Due Diligence assessment for Aboriginal heritage sites for the proposed two lot subdivision of a rural lot in Springrange. The Proposal Area is the entirety of Lot 1 DP 855219, 21 Lucas Road, Springrange, NSW. The subdivision of Lot 1 DP 855219 would facilitate the construction of a new residential house, services including transmission line, and access track in the northern portion of the property. Lot 1 DP 855219 currently has a single residential house, services and an access track located in the southern portion of the property. This assessment will evaluate the presence of, or potential for, Aboriginal sites to occur that may be affected by the proposed works subsequent to the subdivision of the Lot 1 DP 855219.

BACKGROUND AND DESKTOP ASSESSMENT

An extensive search of the AHIMS database was undertaken over a 21 km x 21 km area centred on the Proposal Area. There were 53 Aboriginal sites recorded within the search area and one declared Aboriginal Place. The Aboriginal Place is the Gollion Ochre Quarry/Derrawa Dhaura Aboriginal Place. The proposed works will have no impact on the Aboriginal Place the Gollion Ochre Quarry /Derrawa Dhaura Aboriginal Place which is located approximately 5 km south east from the Proposal Area. No previously registered AHIMS sites are located within or adjacent to the Proposal Area.

The Proposal Area is characterised by undulating to rolling hills that slope down to flats associated with waterways. A number of unnamed tributaries intersect the property and therefore the Proposal Area is within 200 m of water, which is noted to be archaeologically sensitive. Hill crests, saddles, spurs and flats located in association with drainage lines are noted in the wider region to have the potential to contain Aboriginal objects. These archaeologically sensitive landforms are also noted to occur within the Proposal Area. Additionally, any old growth mature native trees within the Proposal Area have the potential to have been culturally modified.

FIELD ASSESSMENT

A visual inspection of the Proposal Area was undertaken by qualified archaeologists, targeting areas of both low and high archaeological sensitivity, areas of proposed development and future works, areas that appeared to be less disturbed, exposures and any areas of increased visibility. The visibility within the Proposal Area was generally good, averaging 30%. The Proposal Area was noted to be largely cleared with some existing disturbances including a residential house and related infrastructure, dams, power lines, fences, and a driveway with culverts. Extensive outcropping of bedrock was noted on hillcrests with large erosional cobbles and several other outcroppings noted to be scattered across the Proposal Area. The outcrops in the Proposal Area were inspected with no evidence of quarrying or Aboriginal objects identified. The slopes within the Proposal Area were generally steep in gradient and determined to be unlikely to contain Aboriginal objects, being unsuitable for camping or other activities by Aboriginal people. The flats were generally noted to be swampy, and number of furrows noted on slopes and spurs exposed a shallow shale soil profile with low archaeological potential for Aboriginal objects. No Aboriginal objects were recorded within the Proposal Area, which was deemed to have low potential for in situ subsurface deposits due the shallow rocky soil profile and presence of outcropping bedrock.

IMPACT ASSESSMENT CONCLUSION

As no Aboriginal objects or areas of archaeological potential were identified within the Proposal Area it is concluded that the proposed two lot subdivision of Lot 1 DP 855219 and subsequent works for the construction of a new residential house in the northern portion of the property, as assessed in this report, would not require any further heritage investigation and works can proceed with caution.

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RECOMMENDATIONS

It is recommended that:

1. The subdivision and subsequent proposed works within the Proposal Area may proceed with caution. 2. Any proposed activity outside of the current assessment area should also be subject to an Aboriginal heritage assessment. 3. If any items suspected of being Aboriginal in origin are discovered during works, all work in the immediate vicinity must stop and Heritage NSW must be notified. The find will need to be assessed and if found to be an Aboriginal object an Aboriginal Heritage Impact Permit (AHIP) may be required. 4. In the unlikely event that human remains are identified during works, all work must cease in the immediate vicinity and the area must be cordoned off. The proponent must contact the local NSW Police who will make an initial assessment as to whether the remains are part of crime scene or possible Aboriginal remains. If the remains are thought to be Aboriginal, Heritage NSW must be notified. Catalyze Property Consulting are reminded that it is an offence under the NSW National Parks and Wildlife ACT 1974 to disturb, damage or destroy an Aboriginal object without a valid AHIP.

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INTRODUCTION

NGH Pty Ltd (NGH) was commissioned by Catalyze Property Consulting Pty Ltd (Catalyze) on behalf of the landowners to undertake an Aboriginal Heritage Due Diligence assessment for the proposed subdivision of Lot 1 DP 855219, 21 Lucas Road, Springrange, New South Wales (the Proposal Area) (Figure 1-1 and Figure 1-2). Lot 1 DP 855219 is proposed to be subdivided into two separate lots to facilitate the construction of a new residential house, associated access track and services in the northern portion of the property. This assessment will evaluate the presence of, or potential for, Aboriginal sites to occur within Lot 1 DP 855219 that may be affected by the proposed subdivision and subsequent works. This assessment would accompany a Planning Proposal application to the Yass Valley Council.

SUBJECT SITE

The Proposal Area comprises of Lot 1 DP 855219, which is approximately 78 ha in size, located at 21 Lucas Road in the rural area of Springrange in the Yass Valley Local Government Area (LGA). The Proposal Area is located within NSW, approximately 5 km north of the border of NSW and the ACT and approximately 7 km north-east of the intersection of the Barton Highway and Nanima Road. The Proposal Area is also located approximately 12 km south-east of Murrumbateman and approximately 15 km south-west of Gundaroo.

The Proposal Area is entirely within pastural land with an existing residential house, driveway and services located in the southern portion of the property. The existing fence line that divides the residential house from the northern portion of the property is proposed as the new Lot boundary to create an approximately 20 ha lot in the southern portion of the property and an approximately 58 ha lot in the northern portion of the property (see Figure 1-2).

PROJECT PERSONNEL

The Due Diligence assessment was carried out by qualified archaeologists Kirsten Bradley and Jasmine Tearle of NGH. This included background research, GIS, field inspection and the completion of this report. NGH archaeologists Emily Dillion reviewed the report for quality assurance purposes and Ali Byrne approved the report for distribution.

The Due Diligence process does not formally require consultation with Aboriginal community groups. No Aboriginal groups were contacted for this Due Diligence level assessment. The Proposal Area is within the boundaries of the Onerwal Local Aboriginal Land Council (LALC).

APPROACH AND FORMAT OF THIS REPORT

This report has been drafted in keeping with the sequence of steps identified in the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW (DECCW 2010) (Due Diligence Code). The Due Diligence Code provides a five-step approach to determine if an activity is likely to cause harm to an Aboriginal object, as defined by the NSW National Parks and Wildlife Act 1974. The steps follow a logical sequence of questions, the answer to each question determines the need for the next step in the process. The Due Diligence Code sets out the steps which the Proponent is required to take in order to:

• Identify whether Aboriginal objects are, or are likely to be, present in the Proposal Area; • Determine whether their activities are likely to harm Aboriginal objects (if present) in the Proposal Area; and • Determine whether an Aboriginal Heritage Impact Permit (AHIP) application is required.

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Figure 1-1 General location of the Proposal Area

NGH Pty Ltd | 20-327 - Final | 2 Aboriginal Due Diligence Assessment Subdivision of Lot 1 DP 855219 on Lucas Road, Springrange

Figure 1-2 Proposal Area

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Each section within this report follows the relevant step outlined in the Due Diligence Code as shown in Table 1-1.

Table 1-1 Due Diligence Steps for this report

Due Diligence Steps

Step 1. Will the activity disturb the ground surface?

Step 2a. Search the AHIMS database and use any other sources of information of which you are already aware

Step 2b. Are activities proposed in areas where landscape features indicate the presence of Aboriginal objects?

Step 3. Can you avoid harm to the object or disturbance of the landscape feature?

Step 4. Undertake a desktop assessment and visual inspection. Is it likely that Aboriginal objects will be impacted by the proposed works?

Step 5. Further investigations and impact assessment

LEGISLATION

In NSW, Aboriginal heritage is principally protected by two legislative acts:

• The National Parks and Wildlife Act 1974 (NSW) (NPW Act); and • The Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act).

THE NATIONAL PARKS AND WILDLIFE ACT 1974

Part 6 of the NPW Act concerns Aboriginal objects and places and various sections describe the offences, defences and requirements to harm an Aboriginal object or place. All Aboriginal material receives blanket protection under the NPW Act of NSW. The main offences under section 86 of the NPW Act are:

• A person must not harm or desecrate an object that the person knows is an Aboriginal object. • A person must not harm an Aboriginal object. • For the purposes of this section, "circumstances of aggravation" are:

o that the offence was committed in the course of carrying out a commercial activity, or o that the offence was the second or subsequent occasion on which the offender was convicted of an offence under this section.

• A person must not harm or desecrate an Aboriginal place.

Under section 87 of the NPW Act, there are specified defences to prosecution including authorisation through an AHIP or through exercising due diligence or compliance through the regulation.

Section 89A of the Act also requires that a person who is aware of an Aboriginal object, must notify the Director- General in a prescribed manner. In effect, this section requires the completion of Aboriginal Heritage Information Management System (AHIMS) site cards for all sites located during heritage surveys.

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The strict liability offence of harming Aboriginal objects has a number of defences and include the statutory defence of Due Diligence (Section 2.4) through complying with an adopted industry code of practice, or compliance with the conditions of an AHIP.

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

The Environmental Planning and Assessment Act 1979 (EP&A Act) is legislation for the management of development in NSW. It sets up a planning structure that requires developers (individuals or companies) to consider the environmental impacts of new projects. Under this Act, cultural heritage is considered to be a part of the environment. It provides for the identification, protection and management of heritage items through inclusion of these items into schedules off planning instruments, such as Local Environmental Plans (LEPs) or Regional Environmental Plans (REPs). This Act requires that Aboriginal cultural heritage and the possible impacts to Aboriginal heritage that development may have are formally considered in land-use planning and development approval processes.

Yass Valley Local Environmental Plan 2013

The Proposal Area is located within the Yass Valley LGA, to which the Yass Valley LEP 2013 applies. Schedule 5 of the Yass Valley LEP 2013 details the included environmental heritage items covered by the plan. No Aboriginal sites or places are identified within the Proposal Area in Heritage items listed in Schedule 5 Part 1, Part 2, Part 3, or Part 4 in the Yass Valley LEP.

GROUND DISTURBANCE

Step 1. Will the activity disturb the ground surface or any culturally modified trees?

Lot 1 DP 855219 is proposed to be subdivided into two separate lots to facilitate the construction of a new residential house, associated access track and services in the northern portion of the property. The proposed future development of the northern portion of Lot 1 DP 855219 includes the construction of a new residential house, associated outbuildings, sewerage management, services including a transmission line, fencing and access track (see Figure 1-2).

While the proposed subdivision of Lot 1 DP 855219 will not involve any ground disturbance, the proposed future works, subsequent to the subdivision approval, would require significant ground disturbance and the use of heavy machinery.

The confirmation that ground disturbance will occur requires that the next step in the Due Diligence process occurs.

Step 2a. Search the AHIMS Database and other information sources

A search of relevant heritage registers for Aboriginal sites and places provides an indication of the presence of previously recorded sites. A register search is not conclusive however, as it requires that an area has been inspected and any sites are provided to the relevant body to add to the register. However, as a starting point, the search will indicate whether any sites are known within or adjacent to the investigation area. The AHIMS search provides access to the database of previously recorded Aboriginal heritage sites. A search provides basic information about any sites previously identified within a search area. The results of the search are valid for 12 months for the purposes of a Due Diligence level assessment.

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On the 10th June 2020, a search of the AHIMS database was undertaken over a 21 km by 21 km area with a 50 m buffer centred on the Proposal Area. The AHIMS Client Service Number was 511457. There were 53 Aboriginal sites recorded within the search area and one declared Aboriginal Place. The Aboriginal Place is the Gollion Ochre Quarry located on Lot 3 DP 861596 at Springrange and is located approximately 5 km south east of the current Proposal Area. This Aboriginal Place is also known as the Derrawa Dhaura Aboriginal Place, which is an important source of purple, yellow and red ochre. The ochre sourced from the Derrawa Dhaura Aboriginal Place is noted by the Aboriginal community to be valuable for a variety of decorative uses such as weapon and body decoration, bark painting, preserving animal skins, and burial practices. The ochre would have been traded and exchanged due to its high value. The proposed works will have no impact on the Aboriginal Place the Gollion Ochre Quarry/Derrawa Dhaura Aboriginal Place (Heritage NSW n.d.).

None of the sites currently recorded on AHIMS are located within or adjacent to the Proposal Area.

Table 4-1 below shows the breakdown of site types recorded within the AHIMS search area and Figure 4-1 shows the location of the AHIMS sites in relation to the Proposal Area. The patterning of registered sites shown in Figure 4-1 demonstrates clustering and distribution typical of studies associated with infrastructure and development, with an absence of registered sites within undeveloped farmland such as the Proposal Area.

The results indicate that the most common site types that occur in the region are artefact sites including surface artefacts and potential archaeological deposits. While stone artefacts can be found on any landform, high density archaeological deposits tend to occur on level or gently sloping low ridges near a watercourse or in proximity to a resource such as raw stone material suitable for the manufacture of tools. The presence of modified trees relies on extant mature trees of suitable native species to be present.

Table 4-1 Breakdown of previously recorded Aboriginal sites in the region.

Site Type Number

Artefact 33

Modified Tree 6

Potential Archaeological Deposit(PAD) 5

Artefact and PAD 5

Aboriginal Resource and gathering 2

Modified Tree and PAD 1

Restricted Site 1

TOTAL 53

NGH contacted AHIMS regarding the location of the restricted site and confirmation was received via email from David Gordon, Senior Heritage Information Officer (Aboriginal), on the 30th of June 2020, which confirmed that the restricted site will not be impacted by the proposed works and that it is not located adjacent to or within the Proposal Area. The nature of the restricted site is presently unknown and as such no site patterning can be predicted for such sites.

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Other Heritage Register Searches

Other heritage register searches were also undertaken to identify any items or places in proximity to the Proposal Area and its immediate surrounding landscape. The following resources were used as part of this assessment:

• The NSW State Heritage Inventory (SHI), this includes items on the State Heritage Register and items listed by state agencies and local Government, to identify any items currently listed within or adjacent to the proposal site. • The Australian Heritage Database, this includes items on the National and Commonwealth Heritage Lists, to identify any items that are currently listed within or adjacent to the proposal site.

The results of the Australian Heritage Database search indicated that no sites are located within Springrange.

The results of the NSW SHI database search indicated that:

• Four previously recorded Aboriginal Places listed under the National Parks and Wildlife Act within the NSW State Heritage Inventory within the Yass Valley LGA. The Aboriginal Place, the Gollion Ochre Quarry/Derrawa Dhaura is located approximately 5 km south east of the current Proposal Area. The other three Aboriginal Places within the Yass Valley LGA are not located within or nearby the Proposal Area; • Ten previously recorded heritage sites are listed under the NSW Heritage Act within the Yass Valley LGA. None of the sites are located within or adjacent to the Proposal Area; and • A total of 403 previously recorded heritage sites are listed by the Local and State Agencies within the Yass Valley LGA. None of the sites are located within or adjacent to the Proposal Area.

No other known previously recorded heritage sites or known possible heritage sites are located within or adjacent to the Proposal Area. This Due Diligence Assessment does not address any potential impacts to non- Aboriginal heritage items.

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Figure 4-1 AHIMS sites surrounding the Proposal Area

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ARCHAEOLOGICAL CONTEXT

Few studies have been completed in proximity to the Proposal Area, however, those that have been undertaken are summarised below.

In 1980, Witter conducted an archaeological assessment for the natural gas pipeline route between Canberra and Dalton which crossed the Yass River and the hilly surrounds approximately 8.7 km from the current Proposal Area at its closest point. The survey identified a total of 43 sites including 32 isolated finds and 11 open campsites located on low ridges near drainage systems. The artefacts recorded were predominantly quartz and types consisted of flakes, blades, microblades, cores, hammerstone, burins, axe whetstone, and grinding stone. Subsequent to the survey, Witter conducted excavation at one site that recovered 4,450 artefacts from depths of approximately 20 cm, and the surface collection of six sites of 400 artefacts. It was noted that backed blades were the dominant artefact type recorded. Silcrete was the dominant lithology recorded with lesser quantities of volcanic and quartz material (as cited in Dibden 2013 & OzArk 2016).

In 2010 Archaeological and Heritage Management Solutions (AHMS) conducted a preliminary heritage assessment for the proposed Barton Highway Duplication. The area assessed included a 200 m wide corridor centred on the existing Barton Highway which extended over 30 km from the ACT boarder to Kirkton Road near Yass, approximately 7 km north-east from the current Proposal Area at its closest point. AHMS developed a predictive model for the study area and noted that the majority of the previously recorded sites occurred on reasonably flat benched or terrace areas, raised above creek lines and in soils with significantly deep and/or undisturbed soil profiles. The predictive model developed by AHMS identified several areas of high archaeological potential which included an area stretching from the ACT border to Spring Range Road, the areas around Jeir Creek and Gooda Creek, and an area northeast of Murrumbateman. The steep hills near Murrumbateman were noted to have low archaeological potential. During the initial survey of the study area nine potential archaeological deposits (PADs), three modified trees and 21 sites with Aboriginal stone objects (isolated finds and artefact scatters) were recorded. Eleven historic sites were also recorded. The Aboriginal sites recorded were noted to predominantly be artefact scatters and isolated finds with flakes, broken flakes and cores. Several manuports, two hand axes, a backed artefact and a blade core were also recorded. The artefacts were manufactured from quartz with a lesser number of chert, quartzite and silcrete artefacts (AHMS 2010).

In 2012, OzArk completed an Aboriginal Heritage Assessment for the proposed subdivision on Shingle Hill Way for Civil Werx, approximately 15.5 km east of the current Proposal Area. OzArk noted predictive modelling in the area determined key attributes were: close proximity to water, slightly elevated landforms such as low ridges, and deep and/or undisturbed soil profiles, and that they anticipated their study area to conform to the modelling. Two isolated finds were recorded. These were located in areas of high disturbance in thin topsoils on a ridge crest and a shallow gully associated with the ridge. It was determined that the area had low potential for further archaeological sites due to the thin topsoils, sloping topography, distance to water sources and low woodland resources. OzArk noted that the area likely conformed with predictive (Ozark 2012).

In 2016, OzArk completed a second Aboriginal Heritage Assessment for the proposed subdivision of two rural lots on Shingle Hill Way for Civil Werx. The two previously identified sites were unable to be relocated. One new site, a low-density artefact scatter, was recorded in a cleared paddock in thin soils on a low spur terminating at a creek line. It was noted that the study area in general had thin topsoils and that it was unlikely that further Aboriginal sites existed in the study area. It was concluded that the environmental context of the study area was not conducive to Aboriginal habitation and long-term use due to sloping topography, absence of permanent fresh water and low grassy woodland resources. The additional high levels of ground impacts have increased the potential for in situ sites to have been disturbed. The Yass River and associated floodplains 2 km west of the OzArk study area were noted to be more conducive to habitation due to the flatter land, access to water, increased food resources and shelter. It was further noted that disturbance through extended

NGH Pty Ltd | 20-327 - Final | 9 Aboriginal Due Diligence Assessment Subdivision of Lot 1 DP 855219 on Lucas Road, Springrange land use over the past 100 years and effects of erosion would likely have disturbed any sites within the area (OzArk 2016)

In 2017, Past Traces undertook an Aboriginal Due Diligence for the proposed subdivision of Capricorn Park on the Barton Highway, Springrange, approximately 6 km west of the current Proposal Area. The area was surveyed on foot, targeting areas within the proposed impact footprint and sensitive landforms along the creek frontage and lower slopes. No Aboriginal sites or objects were identified, and the area was considered too disturbed for any areas of potential archaeological deposit to be present. It was noted by Past Traces that the predictive modelling in this area shows that sites are most likely to be:

• Located in creek flat areas and lower slopes if they are level to gently sloping. • In close proximity to water sources such as small creek lines or springs. • Most commonly on level terraces above creek lines and set back from the immediate creek bank.

In 2018 AECOM completed an Aboriginal Cultural Heritage Assessment as part of the Barton Highway Upgrade Duplication for Roads and Maritime Services (now Transport for New South Wales (TfNSW)) approximately 6 km south west of the current Proposal Area. Site predictions based on previous surveys in the south-eastern tablelands identified a higher likelihood of sites to be located on landforms such as ridges, source bordering dunes, creek flats, terraces, lower slopes and spur crests located in close proximity to water sources (as cited in Roads and Maritime Services 2019). All safely accessible areas with low levels of disturbance of the development footprint were surveyed on foot, with a focus on areas with greater visibility. A total of four previously identified sites and three new sites, all isolated artefacts, were recorded. Following the survey, test excavation was completed in an area of PAD in the NSW portion of the proposed upgrade area. Combined results from the survey and excavations identified seven open artefact sites, two with associated PADs, one modified tree and one site with only subsurface artefacts (as cited in Roads and Maritime Services 2019).

LANDSCAPE ASSESSMENT

Step 2b. Are there undisturbed landscape features likely to contain Aboriginal objects?

The Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW outlines a range of landscape features that have higher potential to contain Aboriginal objects. It is also necessary to consider whether there are landscape features of undisturbed land that may contain Aboriginal objects. These include land that is:

• within 200 m of water; • located within a sand dune system; • located on a ridge top, ridge line or headland; • located within 200 m below or above a cliff face, or • within 20 m of a cave, rock shelter or cave mouth.

Understanding the landscape context of the Proposal Area may also assist us to better understand the archaeological modelling of the area and assist to identify local resources which may have been utilised by Aboriginal people. This information can then potentially be used in predicting the nature of Aboriginal occupation across the landscapes within and adjacent to the Proposal Area. Factors that are typically used to inform the archaeological potential of landscapes include the presence or absence of resources that would have been utilised by Aboriginal people including water, animal and plant foods, stone and other resources.

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Geology

The geology of the Proposal Area comprises Silurian sedimentary rocks with lithologies of sandstone and siltstone that have been metamorphosed into quartzites and slates. In addition, there are some volcanics such as dacite and tuff (State Government of NSW and DPIE 2009). Raw materials such as quartzite, quartz and tuff are generally suitable for the manufacture of stone tools, depending on their quality, while fine-grained sandstone, where present as surface outcrops, could be used for the maintenance of tools such as axes, or as grinding surfaces for the crushing of foodstuffs or ochre.

Topography

The Proposal Area is comprised of undulating low hills and flats associated with several ephemeral drainage lines that commence within the property and flow into Jeir Creek, which is located approximately 40 m west of the southern edge of the Proposal Area. As noted in the previous archaeological investigations undertaken locally, the presence of a fresh water source is an important factor for occupation sites used by past Aboriginal people.

Soils

The soil landscapes within the Proposal Area are predominantly those known as the Burra soils, with the north western and south-western portions of the Proposal Area extending into the Williamsdale soils.

The Burra soils generally contain well-drained, shallow (<60 cm) Rudosols and crests and upper slopes, moderately deep (<90 cm) and moderately well-drained Kurosols (strong texture contrast between surface horizons and clay subsoils) red and brown Kandosols (massive earths), and moderately deep (<100 cm) moderately well-drained brown Chromosols and Kandosols along some lower slopes and minor drainage lines. Topsoils are often dark brown, sandy loam to loam with few to common fine gravels. These are underlain by yellowish brown massive sandy loams (eSpade v2.1).

The Williamsdale soils range from moderately deep Yellow Chromosols on slopes to more massive, gradational Red and Brown Kandosols on upper rises and fans. Soils in drainage lines are usually poorly drained, have textural contrast and are sodic. The drainage lines in the Proposal Area are predominantly in the western Williamsdale soils, and extend into the Burra soils (eSpade v2.1).

Any soils in the Proposal Area that conform to these soil types with moderately deep soils may have potential to contain in situ Aboriginal objects.

Vegetation

The Proposal Area has been extensively cleared of vegetation, with patches of remnant trees and isolated paddock trees across the property. Consequently, there is some potential for old growth native trees to be located within the Proposal Area that may contain evidence of Aboriginal cultural modification.

Historic Land Use

The Proposal Area is characterised by modified pastural land that has been subject to extensive clearing. A residential house and its associated outbuildings, services, driveway, fencings, tracks and dams are also present within the property.

The 1872 historic parish map notes the Proposal Area land grantee was J. T. Lucas, which is likely how the road that the Lot is located off, Lucas Road, was named.

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Aboriginal Site Prediction

Based on the assessment of information from the environmental context and results of previous archaeological studies in and around the area, several predictive modelling statements can be made. There are included in Table 4-2 below.

Table 4-2. Aboriginal Site Prediction Statements

Site Type Site Description Potential

Stone artefact scatters and Artefact scatter sites can range from high- Potential to occur in low to moderate isolated artefacts density concentrations through to isolated densities particularly on crests, spurs, finds. saddles, elevated flat land associated with ephemeral drainage lines and terrace landforms.

Potential Archaeological Potential subsurface deposits of Potential to occur within the Proposal Deposits (PADs) archaeological material Area in areas of moderate to deep soil profiles, in particularly in archaeologically sensitive landforms such as elevated flats or terraces associated with drainage lines and along spurs, saddles and crests.

Modified trees Trees that have undergone cultural Potential to occur within the Proposal modification. Area in areas with remnant mature native trees and/or isolated old growth paddock trees.

Landscape Assessment Summary

Previous studies in Springrange and the surrounding areas have identified that hill crests, spurs, saddles, lower slopes and flats associated with drainage lines have the potential for Aboriginal objects to occur. While some of the Proposal Area has been highly disturbed by construction and maintenance of existing infrastructure, any undisturbed areas within the Proposal Area that include these sensitive landforms, including areas within 200 m of water, may have potential to contain Aboriginal objects. Additionally, any old growth mature native trees within the Proposal Area have the potential to have been culturally modified.

IMPACT AVOIDANCE

Step 3. Can any AHIMS listed objects, or landscape features be avoided?

The Proposal Area has several landscape features, such as crests, spurs, saddles and flats adjacent to water sources, which are noted to be archaeologically sensitive. While the subdivision boundary of Lot 1 DP 855219 is unlikely to be able to be relocated, the exact footprint of the proposed new residential house (currently located on a spur line), access track and services may be flexible and may consequently be able to be redesigned to avoid sensitive landscape features. The majority of the Proposal Area is however, within 200 m of water increasing the archaeological sensitivity and limiting options around avoidance. The results of the visual inspection should therefore inform options around the potential to redesign the proposed works to avoid any heritage sites or areas of potential archaeological deposit that may be identified. The desktop assessment alone is therefore not sufficient to conclusively appraise the archaeological potential of the landscape or the location of any Aboriginal objects and the next step in the process, a visual inspection, must be conducted to properly appraise the presence and potential for Aboriginal objects to occur within the Proposal Area.

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DESKTOP ASSESSMENT AND VISUAL INSPECTION

Step 4. Does the desktop assessment confirm that there are likely to be Aboriginal objects present or below the ground surface?

The assessment process is primarily a desktop exercise, using available information such as the AHIMS search results and relevant archaeological reports that have been previously completed in the area. Visual inspection is also required where landscape features are present that may contain sites. A visual inspection of the Proposal Area was undertaken on the 23rd June 2020 by qualified archaeologists Kirsten Bradley and Jasmine Tearle. The following provides a summary of the landscape and the Proposal Area in relation to the archaeological potential for Aboriginal objects to occur.

The field survey was undertaken by inspecting the Proposal Area on foot, targeting areas of both low and high archaeologically sensitivity, areas of proposed development and future works, areas that appeared to be less disturbed, exposures and any areas of increased visibility. The visibility within the Proposal Area was generally good, averaging 30%.

The Proposal Area was noted to be largely cleared with some existing disturbances including a residential house and related infrastructure, dams, power lines, fences, and a driveway with culverts (See Plate 1, Plate 2, Plate 3 and Plate 4). While the existing residential house is located on a hill crest the area had been highly disturbed. The driveway to the existing house on the southern portion of the property crosses as number of archaeologically sensitive landscapes including spurs, saddles and crests. The driveway has a number of culverts and cuts and has been graded and gravelled. The cuts and grading of the driveway along the hillcrest, saddle and spur landforms has exposed a shallow soil deposit overlaying bedrock (see Plate 4). These areas were deemed to be highly disturbed with a shallow soil profile and to have low archaeological potential for Aboriginal objects.

Extensive rock outcropping was noted on two hillcrests in the northern portion of the property. Large cobbles, likely eroded from bedrock, and several other rock outcrops were noted to be scattered across the Proposal Area (see Plate 5 and Plate 6). The stone material was noted to vary in quality from a coarse-grained volcanic material to a milky quartz (see Plate 7). The outcroppings and cobbles within the Proposal Area were visually inspected with no evidence of quarrying or flaking identified.

The slopes within the Proposal Area were generally steep in gradient and determined not to be conducive to for camping or other activities by Aboriginal people. Additionally, a number of furrows were noted on slopes and spurs within the property which were likely for erosion control and water flow run off management which exposed a shallow, shale rich soil profile with low archaeological potential for Aboriginal objects to occur (see Plate 8).

The flats and saddles located within the Proposal Area were inspected and generally noted to be swampy, with water pooling from rain in the area in the days prior to the survey being undertaken (see Plate 9 & Plate 10). While the flats, saddles, and spurs in the northern portion of the property tended to have a dense low grass cover and lower visibility compared to the rest of the property a number of exposures and cuttings were inspected. The cuttings showed that these landforms, similar to the rest of the property, also had a shallow soil deposit with low archaeological potential for Aboriginal objects to occur.

The trees within the property were predominantly native species. All old growth native trees within the Proposal Area were examined for the presence of Aboriginal cultural modification. For a tree to have been a mature specimen suitable for bark extraction at the time before European settlement interrupted Aboriginal people practicing traditional ways, the tree would have to be a native species and over 100 years old. While a number

NGH Pty Ltd | 20-327 - Final | 13 Aboriginal Due Diligence Assessment Subdivision of Lot 1 DP 855219 on Lucas Road, Springrange of trees within the Proposal Area have scarring none were considered to conform in any way to the standard scarring morphology accepted for Aboriginal modification (cf. Long 2005).

The land proposed for the construction of a new residential dwelling was characterised as a gentle sloping spur on a low undulating hill with good visibility averaging 30% (see Plate 11 & 12). A number of eroded bedrock cobbles were scattered across the area, which were visually inspected. The area was noted to have areas of exposed bedrock and a very shallow soil deposit. No Aboriginal objects were recorded within the area proposed for the construction of a new residential dwelling and it was determined that there was low potential for in situ subsurface deposits.

The proposed transmission corridor to connect the existing electrical services in the southern portion of the property to the proposed new residential dwelling in the northern portion of the property was inspected with no Aboriginal objects identified. The majority of the transmission line corridor transverses steep slopes which were deemed to not be conducive to camping or other activities by Aboriginal people (see Plate 13). The existing fence line proposed to be the boundary between the two proposed lots was also visually inspected with visibility averaging 70%. The majority of the proposed boundary fence line was also located along steep slopes. No Aboriginal objects were identified along the fence line which had a very shallow shale soil deposit (see Plate 14). The access track was also visually inspected and found to be highly disturbed along an existing track that had low potential for Aboriginal objects to occur.

No Aboriginal objects were recorded within the Proposal Area as part of this Due Diligence Assessment. The landforms present within the Proposal Area, originally determined during the desktop assessment to have increased archaeological sensitivity, were subsequently determined to either be significantly disturbed and/or not conducive to Aboriginal occupation due to absence of dry ground or resources for exploitation. Additionally, the entirety of the Proposal Area was deemed to have low potential for in situ subsurface deposits due the shallow rocky soil profile and presence of outcropping bedrock. Consequently, no landscapes or areas with archaeological potential were identified within the Proposal Area.

Plate 1 View south showing existing house on crest and Plate 2 View north showing fencing and dam disturbances. steep slopes surrounding the crest landform.

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Plate 3 View north showing sealed road and shallow soil Plate 4 View west showing driveway from the existing profile in cutting. house crossing saddle and spur landforms. Note the exposed bedrock in the graded track.

Plate 5 View west showing extensive outcropping and Plate 6 View west showing cobbles scattered across the bedrock exposures on hillcrest. Proposal Area.

Plate 7 Close up of milky quartz outcropping material Plate 8 Showing furrows and steep slope along the within the Proposal Area. transmission line corridor

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Plate 9 View east up slope with saddle in the background Plate 10 View east along the northern boundary fence line showing water retained and bubbling from the soils. Note showing swampy flats with shallow soil profile. the shallow soil profile.

Plate 11 View west over proposed development footprint Plate 12 View south over the proposed development showing spur. footprint towards to the existing house in the southern portion of the property.

Plate 13 View north along the proposed transmission line Plate 14 View west showing existing fence proposed to be showing steeply sloping hills. used as boundary, note high visibility and steep slopes.

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FURTHER ASSESSMENT

Step 5. Is further investigation or impact assessment required?

The Due Diligence Code states that if, after the desktop research and visual inspection is completed, it is evident that harm will occur to Aboriginal objects or heritage places then further and more detailed assessment is required. However, if the research and inspection conclude that there are no, or unlikely to be any, objects impacted by the proposed activity, then the activity can proceed with caution.

As no Aboriginal objects or areas of archaeological potential were identified within the Proposal Area it is concluded that the proposed subdivision of Lot 1 DP 855219 and subsequent works, as assessed in this report, would not require any further heritage investigation and works can proceed with caution.

RECOMMENDATIONS

The following recommendations are based on a number of considerations including:

• Background research into the area; • Landscape assessment; • Field inspection; • Consideration of the proposed works, and • Legislative context for the development proposal.

It is recommended that:

1. The subdivision and subsequent proposed works within the Proposal Area may proceed with caution. 2. Any proposed activity outside of the current assessment area should also be subject to an Aboriginal heritage assessment.t. 3. If any items suspected of being Aboriginal in origin are discovered during works, all work in the immediate vicinity must stop and Heritage NSW must be notified. The find will need to be assessed and if found to be an Aboriginal object an Aboriginal Heritage Impact Permit (AHIP) may be required. 4. In the unlikely event that human remains are identified during works, all work must cease in the immediate vicinity and the area must be cordoned off. The proponent must contact the local NSW Police who will make an initial assessment as to whether the remains are part of crime scene or possible Aboriginal remains. If the remains are thought to be Aboriginal, Heritage NSW must be notified. Catalyze Property Consulting are remined that it is an offence under the NSW National Parks and Wildlife ACT 1974 to disturb, damage or destroy an Aboriginal object without a valid AHIP.

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REFERENCES

Archaeological and Heritage Management Solutions 2010 Barton Highway Duplication: Preliminary Environmental Investigation Aboriginal & Historic Heritage. Report prepared for Aurecon Group Pty Ltd on behalf of the Roads and Traffic Authority NSW.

DECCW. 1 September 2010a. Code of Practice for Archaeological Investigation of Aboriginal Objects in NSW. Accessed online.

DECCW. 1 September 2010b. Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW. Accessed online.

Dibden, J. 2013 Rye Park Wind Farm. Aboriginal Cultural Heritage Assessment. Unpublished report to Wind Prospect CWP Pty Ltd. eSPADE v2.1. 2020. State of NSW and Department of Planning, Industry and Environment. https://www.environment.nsw.gov.au/eSpade2WebApp

Heritage NSW. No date. Search for NSW Heritage. https://www.heritage.nsw.gov.au/search-for- heritage/search-for-nsw-heritage/

Long, A. 2005 Aboriginal Scarred Trees in New South Wales A Field Manual. Department of Environment and Conservation, Hurstville.

OzArk Environmental and Heritage Management Pty Ltd. 2012. Aboriginal Heritage Assessment: DP 754906 661, ‘Marapana’, Shingle Hill Way, Gundaroo, NSW. Report to Wakefield Planning.

OzArk Environmental and Heritage Management Pty Ltd. 2016. Aboriginal Heritage Assessment, Marpana, 661 Shingle Hill Way, Gundaroo, NSW Lot 1 DP1216577 Yass Valley Local Government Area. Report to Civil Werx.

Past Traces. 2017. Aborginal Due Diligence Assessment Report – Capricorn Park Proposed Subdivision Lot 3 DP 1117927 (2296 Barton Highway Springrange). Letter to PHL surveyors.

Roads and Maritime Services. 2019. Barton Highway Upgrade: Duplication of the Barton Highway from the ACT Border towards Murrumbateman, Review of Environmental Factors.

State Government of NSW and DPIE 2009, NSW 1500K Simplified Surface Geology https://datasets.seed.nsw.gov.au/dataset/nsw-1500k-simplified-surface-geology

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