FINAL Consultation Information Package

CONSULTATION INFORMATION PACKAGE

Application for authorisation under the Aboriginal Heritage Act 1988 (SA) Koonalda Cave Tourism Proposal

Applicant: Ancient Land Tours Pty Ltd

Application Type: Authorisation under section 23 of the Aboriginal Heritage Act 1988 (SA)

Application Area: The application area comprises the Koonalda Cave doline (sinkhole), a 20 metre wide zone extending from the lip of the doline and those areas inside the cave (including floors, walls and ceilings) marked Zone A and Zone B on the plan at Attachment 1.

Proposed Activities: The Proposal involves the provision of guided commercial tours inside designated areas of Koonalda Cave and minor modifications to the cave to facilitate safe access for guided visitors, such as the installation and/or upgrading of anchor points and minor repairs to existing steps and ladders.

Figure 1 - View of the Koonalda Cave doline from a nearby access track (image courtesy of Applicant)

INTRODUCTION The Premier of South Australia, as Minister responsible for the Aboriginal Heritage Act 1988 (SA) (Act), has received an application for authorisation under the Act from Ancient Land Tours Pty Ltd (Applicant). The Applicant has sought the authorisation to enable it to conduct small-scale guided commercial tours inside designated areas of Koonalda Cave, and for minor modifications to be undertaken to facilitate safe access for, and the passage of, guided visitors (Proposal). These minor modifications include the installation and/or upgrading of anchor points and minor repairs to existing steps and ladders. The Applicant has sought authorisation under section 23 of the Act to authorise any inadvertent damage, disturbance and/or interference with Aboriginal sites, objects and/or ancestral remains that may occur as a result of the Proposal. The Act makes any such impacts to heritage an offence without formal authorisation from the Premier. Prior to considering whether to grant the authorisation, in accordance with section 13 of the Act, the Premier must understand and consider the views of a range of interested Aboriginal parties. The Department of the Premier and Cabinet - Aboriginal Affairs and Reconciliation (DPC-AAR) conducts this consultation on the Premier’s behalf, seeking the views of Traditional Owners, the State Aboriginal Heritage Committee (Committee) and other interested Aboriginal parties.

ABOUT KOONALDA CAVE Koonalda Cave is an internationally recognised site of unique heritage significance. It is situated approximately 400 km west of Ceduna on the Nullarbor Plain in South Australia, and is located within the Nullarbor Wilderness Protection Area (see Figure 2 below). This area is managed by the Department for Environment and Water (DEW) in consultation with the Far West Coast Aboriginal Corporation (FWCAC) and the Nullarbor Parks Advisory Committee, which includes representatives from the Mirning community.

Archaeological research conducted within Koonalda Cave in the 1950s yielded data that suggested that Aboriginal people were present in the cave at least 22,000 years ago. Prior to that, Aboriginal occupation of Australia had been dated to around 8,700 years ago.

The cave contains significant Aboriginal cultural heritage features including well preserved, fragile and complex geometric markings, known as finger flutings, as well as engraved lines made by sharp tools. These markings are primarily located in the sections of the cave known as ‘The Ramparts’ and the ‘Art Chamber’ (discussed further below). In addition to these markings, the cave also contains stratified (layered) archaeological deposits; artefacts; stelae (standing stones) as well as evidence of Aboriginal flint quarrying and stone tool manufacture.

Koonalda Cave also contains historic built features associated with early pastoral activities in the 1940s, including tracks, ladders, stairs and water pumps installed by the Gurney brothers, the pastoral leaseholders at the time.

Koonalda Cave is listed on the Central Archive, maintained by DPC-AAR on behalf of the Premier, as Central Archive Site 4835-502. In 1990, Koonalda Cave was formally determined to be an Aboriginal site under the Act given its significance according to Aboriginal tradition, archaeology and anthropology. Accordingly, it was entered in the Register of Aboriginal Sites and Objects. Beyond its recognition under the Act, Koonalda Cave was also entered in the South Australian Heritage Register in 1993 and the National Heritage List in 2014.

In order to protect its heritage values, Koonalda Cave is closed to the public. A gate was installed to prevent unauthorised access; however, unauthorised visitation still occurs and continues to pose a threat to the heritage values of the cave. DEW advises that the current management regime (i.e. the locked gate to prevent access) is no longer accepted as best practice. Other management options for the cave are now being considered to ensure its long-term protection.

Figure 2 - Location of Koonalda Cave in South Australia

Layout of Koonalda Cave and relationship to the application area

The entrance to Koonalda Cave is located at the bottom of a large doline (sinkhole) that measures approximately 80 metres in length, 50 metres in width and 25 metres in depth. Access to the cave’s entrance is typically achieved by descending to the bottom of the doline via a temporary ladder. When in use, this temporary ladder is anchored to a nearby vehicle to ensure the safety of visitors. An image of the Koonalda Cave doline is shown below in Figure 3.

3 Figure 3 - View looking down into the doline of Koonalda Cave (courtesy of Applicant)

Overall, the Koonalda Cave network is estimated to be 1,640 metres in length, featuring several large chambers and three subterranean lakes. Upon descending to the floor of the cave, at a location known as ‘The Junction’, visitors can take two separate passages to progress further into the cave network. The ‘North West Passage’ contains the above-mentioned Aboriginal heritage features (i.e. engravings, evidence of flint quarrying etc.) as well as pits excavated by archaeologists from the 1950s to the 1970s. Conversely, the ‘Northern Passage’ primarily contains evidence of early pastoral activities dating back to the 1940s, such as a pump engine. Upon reaching the first subterranean lake within the cave, the Northern Passage turns west and is then referred to as the ‘West Passage’. Pre-established paths and tracks exist from the entrance of the cave to the archaeological excavation pits in the North West Passage, as well as part-way into the Northern Passage.

The Applicant has sought an authorisation that covers the entirety of the Koonalda Cave doline (sinkhole); a 20 metre wide zone extending from the lip of the doline; and those areas inside Koonalda Cave (including floors, walls and ceilings) marked Zone A and Zone B shown in Figure 4 below. A larger version of Figure 4 is at Attachment 1.

4 Figure 4 - Plan of application area (image courtesy of P. Maynard 2013)

PROPOSAL DETAILS

The Applicant

The Applicant is a commercial tour business owned and managed by Dr Steve Milner, a speleologist (cave scientist) with experience in the Nullarbor region. The Applicant asserts itself to be the first tourism business to work with Mirning people, the Traditional Owners of the area. It proposes to provide tourism experiences that promote the Aboriginal culture and Country of the Nullarbor Plain. Further information regarding the Applicant’s business model can be found on the Applicant’s website at http://www.ancientlandtours.com/.

Stakeholders

The Applicant advises that it has developed the Proposal in consultation with the stakeholders listed below:

 The Far West Coast People, the native title holders for the land that encompasses the site. Their native title rights in respect of the cave are set out in the Far West Coast Parks Indigenous Land Use Agreement.

 FWCAC, which represents the native title rights of the Far West Coast People and contributes to co-management of the cave through its representation on the Nullarbor Parks Advisory Committee. The Applicant advises that it signed a Statement of Intent with FWCAC in June 2017 signalling a commitment to work together to develop a Nullarbor tourism product that includes caves, nature- and cultural-based interpretation.

 Nullarbor Parks Advisory Committee, which provides advice to the Minister for Environment and Water and to DEW in relation to co-management of the Nullarbor Wilderness Protection Area, which incorporates Koonalda Cave. The Nullarbor Parks Committee is a partnership between FWCAC, Mirning people and the South Australian Government.

 DEW, which leads the management and conservation of Koonalda Cave in light of advice from the Nullarbor Parks Advisory Committee. DEW regulates guided tours in wilderness protection areas generally through Commercial Tour Operator Licences. These licences, where granted, include conditions to ensure that permitted activities are safe, environmentally sustainable and consistent with wilderness protection objectives and any other management goals for the cave.

 Dr Keryn Walshe, an archaeologist engaged to provide advice to the Applicant and DEW regarding site conservation strategies of the cave.

The Applicant advises that it has developed and maintains positive relationships with all of these stakeholders, with a view to ensuring appropriate long-term management of Koonalda Cave.

Proposal Overview The Applicant advises that it intends to conduct low impact, sustainable commercial tour operations on the Nullarbor Plain, which will include visits to Koonalda Cave. The Applicant states that it will provide international and domestic visitors with an authentic cultural experience by operating bush camping tours for 8-10 guests at a time, in 3-day and 7-day itineraries. Departing from Ceduna, the tours will be delivered by qualified tour guides, together with cultural interpretation from Mirning guides. Tour groups will use four-wheel drive vehicles and will sleep overnight in eco camps. Tours to Koonalda Cave will be limited to a maximum of one visit each week.

The Applicant has worked with stakeholders to define a proposed tour route through the cave, noting that even if all necessary approvals are granted, access to certain sensitive areas of the cave will be prohibited. The proposed tour route is discussed below under the heading ‘Proposed tour route inside Koonalda Cave’. Photographs of the proposed tour route are shown in Attachment 2.

DEW has advised that the Applicant will require a Commercial Tour Operator Licence from DEW before it can conduct any tours inside the cave. The Applicant has noted that its application to DEW for that licence is subject to first obtaining authorisation under section 23 of the Act. DEW advises that any Commercial Tour Operator Licence granted will initially be limited to a 12-month trial and subject to appropriate conditions. DEW’s proposed Commercial Tour Operator Licence is discussed below under the heading ‘Proposed Management of Aboriginal Heritage’.

Given the above, any authorisation granted under the Act will be for a period not exceeding 12 months, beginning on the date of the first tour.

Given the morphology (form, shape and structure) of the cave and the doline, the Applicant advises that a number of minor modifications within the application area will be required to facilitate safe access for, and the passage of, guided visitors. Additional non-permanent measures would also be required to protect heritage features within the cave. The following modifications are proposed:

 Installation of an anchor point above doline to support a temporary ladder: currently, access to the cave is achieved via a temporary ladder that is extended into the doline when required. For safety considerations, this ladder must be anchored to a vehicle parked near to the doline’s edge. To avoid the need for an anchor vehicle in future, it is proposed that a permanent anchor point be installed into the ground beyond the doline to which the temporary ladder can be secured. Visitors using the ladder will also be fastened to this anchor point. To achieve this, a pin will be drilled into the ground, to which a secure shackle loop will be affixed. DEW advises that the shackle loop will be approximately two inches in diameter and will be made flush with the ground. When not in use, the shackle loop will be obscured in order to limit unauthorised access into the doline.

 Improvement of anchor point/rope inside the cave to assist visitors’ descents: it is anticipated that another existing anchor point on the proposed tour route will require improvement and new rope inside the cave to ensure the safety of visitors. The Applicant asserts that this improvement will cause negligible disturbance, and not require new ground (or the cave walls) to be drilled or disturbed.

 Minor repairs to existing steps and ladders inside the cave: although steps and ladders already installed in the cave will be used for the tour route, the Applicant acknowledges that some minor repairs are required to ensure the safety of visitors. The Applicant advises

that these repairs will cause negligible disturbance to the cave, and will be confined to areas that have been previously disturbed.

 Defining sections of the existing trail inside the cave: sections of the existing trail (in particular, in the Northern and West Passages towards the lakes) will also require additional definition. The Applicant proposes to do this by installing reflective temporary markers such as small witches hats on the ground. This will not involve any ground-disturbing works or permanent alteration of the cave.

 Installation of rope-barrier posts: the archaeological excavation pits inside the cave were not back-filled following their excavation between the 1950s and 1970s and, as such, remain a hazard to visitors. It is proposed that access around these pits will be restricted by self-supporting stainless-steel posts that would not be permanently affixed to the ground. In addition to enhancing visitor safety, these rope-barrier posts will ensure that the tour group stays on the designated trail, and at least two metres away from any heritage features, at all times.

DEW has advised that the gate at the cave’s entrance has also been re-secured.

The Applicant does not intend to affix any permanent lighting in the cave. The Applicant will consider non-permanent or portable lighting solutions to ensure the safe passage of visitors during guided tours.

Before any of the above-referred modifications are carried out, they will be assessed by DEW (as land holder) as part of the Commercial Tour Operator Licence application process.

Proposed tour route inside Koonalda Cave The Applicant has defined the proposed route of the cave tour in conjunction with archaeologist Dr Walshe and Mirning representatives. An outline of the proposed tour is provided below:

1. Descent into the doline: visitors will descend into the doline via a temporary aluminium ladder removed after each tour. Visitors will be required to wear personal protective equipment including suitable clothing, gloves, boots, helmets and lights. To ensure safety using the temporary ladder, visitors will equip themselves with safety harnesses with assistance from expert guides and in line with relevant safety protocols.

2. From the cave entrance to the Junction: visitors will follow tracks constructed by early pastoralists along the bottom of the doline and into the cave entrance. From there, visitors will descend down into the cave towards the Junction. Access to the Junction will be via historic ladders and steps created by pastoralists and archaeologists over the last century (see Figure 4 above) where the trail splits in two.

3. Northern Passage: from the Junction, visitors will proceed to the right into the Northern Passage. This path follows the pastoralists’ trail through to the West Passage, passing an engine/water pump, a second pump, pits and a bore along the way.

4. Return to the Junction and visit to the excavation pits: visitors will then return to the Junction via the same trail and head towards the archaeological excavation pits in the main chamber (i.e. the North West Passage).

5. Return to the Junction and exit: from the archaeological excavation pits, visitors return to the Junction and exit the cave via the entrance gate. Visitors will ascend to ground level by climbing the same temporary ladder assembled at the beginning of the cave tour. The temporary ladder will then be packed up and removed from the doline.

Photos showing segments of the proposed tour route described above are at Attachment 2. The Applicant advises that the entire tour route will be confined to existing tracks and paths in the cave created over the past eighty years. Tour groups will be strictly supervised by guides to ensure that they do not detour from the tour route.

The Applicant advises that the only known archaeological Aboriginal heritage on the proposed tour route are two stelae (standing stones) that are located near to the excavation pits. While the Applicant has sought to avoid Aboriginal heritage features within the cave wherever possible, the proposed tour route does pass close to the stelae. To avoid interference with the stelae, and to ensure no visitors accidentally fall into the still-open trenches, the Applicant will rope them off. This will ensure that no visitors come within two metres of the stelae.

No access areas It is important to note that although the application area includes Zone A and Zone B, the Applicant does not seek access into Zone B. Zone B is the area hatched in red in Figure 4 above. Zone B includes two areas, known as ‘The Ramparts’ and the ‘Art Chamber’, which contain significant Aboriginal markings and engravings. The Applicant does not propose to access these areas at this point in time.

The Applicant would require another section 23 authorisation if it intends to include Zone B in its tour operations in the future, which would be subject to further public consultation.

Scope of authorisation sought The Applicant has requested that the authorisation, if granted, extend to:  Ancient Land Tours Pty Ltd  Dr Steve Milner  DEW  employees, agents, advisors, contractors and subcontractors of the above to the extent that any of them reasonably performs any works or services in connection with the Proposal within Koonalda Cave.

Land tenure status

The application area is located on a portion of allotment 32 in Deposited Plan 113589, Crown land that is held by the Minister for Environment and Water under Crown Record Volume 6189 Folio 437. The land is part of the Nullarbor Wilderness Protection Area designated under the Wilderness Protection Act 1992 (SA). DEW is responsible for administering the land under the provisions of that Act.

The application area falls within the boundaries of the 2013 native title consent determination in favour of the Far West Coast Peoples. FWCAC administers land on behalf the Far West Coast People. The consent determination recognised the Far West Coast Aboriginal People’s non- exclusive rights and interests to parts of their traditional land and waters in the determination area. The determination recognises their rights to access, hunt, fish, camp, gather and use natural

resources, undertake cultural activities, conduct ceremonies and meetings, and to protect places of cultural and religious significance.

PURPOSE OF APPLICATION FOR AUTHORISATION UNDER SECTION 23

The Applicant has designed the Proposal in consultation with stakeholders in a manner designed to minimise damage, disturbance of interference to Aboriginal sites, objects and/or ancestral remains to the maximum extent possible. The Applicant has sought the authorisation under section 23 to protect the Applicant, and the others intended to be covered by the authorisation, from breaching the Act in case of any inadvertent impacts that may occur as a result of the Proposal notwithstanding the risk mitigation strategies proposed. Risk mitigation strategies developed by the Applicant in conjunction with its key stakeholders are discussed below under the heading ‘Proposed Management of Aboriginal Heritage.’

ABORIGINAL ENGAGEMENT The Applicant advises that it has engaged with FWCAC and the Far West Coast People to develop the Proposal. FWCAC provided feedback to the Applicant in 2018 around managing risks associated with the Proposal. The Applicant is committed to working closely with FWCAC and Traditional Owners to ensure that commercial tours to Koonalda Cave are delivered in a culturally appropriate and respectful manner. This includes having an Aboriginal cultural guide present on all tours where interpretation of Aboriginal culture is to occur.

Given the range of views expressed by Aboriginal parties with an interest in Koonalda Cave, the Applicant, in conjunction with DEW, has taken steps to consult more broadly with other Mirning groups and Traditional Owners, including FWCAC, Mirning Council of Elders, Mirning Group and Mirning Elders Heritage Committee Inc. The most recent consultation occurred in September 2019 through DEW. The Applicant advises that this consultation related to a broader site protection and conservation strategy proposed by DEW, of which the Applicant’s tourism proposal is one component.

HERITAGE ASSESSMENTS UNDERTAKEN FOR THE PROPOSAL

In January 2019, DPC-AAR requested the Applicant to undertake a number of measures to better define and manage the risks associated with the Proposal. In relation to the heritage aspects, DPC- AAR requested the Applicant to:  define a proposed tourism route that avoids physical contact with known heritage features, using maps and photographs  engage a heritage professional to conduct a heritage survey of the proposed tour route in consultation with Traditional Owners, to ensure that sensitive heritage areas could be identified and avoided  conduct a condition assessment, to establish a benchmark against which any future changes to the cave can be measured.

Defining the tour route

The Applicant has defined the proposed tour route which is discussed above under the heading ‘Proposed tour route inside Koonalda Cave.’ Photographs showing segments of the proposed tour route are at Attachment 2.

Heritage survey

DEW engaged Dr Keryn Walshe to prepare a heritage report in May 2019 to help address DPC-AAR’s requests. Although the cave contains Aboriginal art and engravings, the only known artefacts near to the proposed tour route are two stelae located at the archaeological excavation pits. The installation of non-permanent rope barriers will ensure visitors remain at least two metres away from the two stelae and the archaeological excavation pits.

A full heritage survey of the entire cave network or the cave’s art-containing chambers has not been undertaken at this point in time. The Applicant and DEW assert that a full heritage survey is not required as access will be limited to areas that have already been significantly modified by past activities.

Condition assessment

Condition assessments help establish a benchmark against which any future changes to the cave can be measured. For Koonalda Cave, this is important if the cave will be opened for commercial tours. Experiences overseas have shown that increased human presence in caves can cause irreparable damage over time as a result of humidity levels increasing, air turbulence and the introduction of foreign matter (e.g. skin flakes, clothing fibres and dust). The Applicant and DEW acknowledge that preparing a comprehensive condition assessment involves a number of variables and can be undertaken using a range of modern technologies such as laser mapping and photogrammetry, pH survey and bacterial biofilm survey. DEW advises that, subject to funding, it is exploring these opportunities to enable more sophisticated research of the cave, its heritage values and the potential impacts of increasing human activity inside the cave.

The Applicant acknowledges that such data should be gathered over at least a 12-month period before any commercial tours inside the cave commence, so that a baseline can be established. DEW commenced automated monitoring of temperature, relative humidity and carbon dioxide in the cave in September 2019. In October 2019, DEW also commenced automated monitoring of unauthorised access via an infrared pedestrian counter. If all relevant approvals are granted to the Applicant for its Proposal, commercial tours of the cave will not take place before October 2020 (i.e. 12 months after the monitoring commenced) to ensure there is an adequate condition baseline. It is expected that the monitoring system will establish an initial baseline that will facilitate a comprehensive review following the expiry of the Applicant’s 12-month Commercial Tour Operator Licence (if granted).

PROPOSED MANAGEMENT OF ABORIGINAL HERITAGE

The Applicant and DEW are committed to supporting a management model for Koonalda Cave that ensures its protection and conservation. Aboriginal heritage inside the cave is proposed to be managed in a number of ways that are broadly outlined below.

Nullarbor Parks Management Plan

DEW advises that carefully controlled regular guided tours will increase awareness of, and management presence at, Koonalda Cave. This accords with the Nullarbor Parks Management Plan that was developed by the Nullarbor Parks Advisory Committee. DEW advises that this plan was adopted by the Minister for Environment and Water in 2019.

These strategies are needed to address vandalism, identify and address any other threats, and establish strategies for tourism management within the Koonalda Cave precinct.

In line with the Nullarbor Parks Management Plan’s objectives and subject to funding, DEW is open to progressing condition assessments of the cave environment (discussed above) and establish a conservation plan specifically for Koonalda Cave.

Conditions proposed for Commercial Tour Operator Licence

As mentioned above, the Applicant will need to obtain a Commercial Tour Operator Licence under the Wilderness Protection Act 1992 (SA) before it can conduct guided tours of the cave. DEW has advised that such a licence, if granted, will include a number of conditions. DEW expects that the following conditions will be imposed on the Commercial Tour Operator Licence, if granted:

1. Tour groups will not exceed 10 persons (plus guides). 2. The continuation of tours, and the conditions that apply will be subject to review after 6 months of operation. 3. A guide approved by the FWCAC must be present on all tours where interpretation of Aboriginal culture is to occur. 4. Access into and through the doline and the cave system will be confined to the approved pathways and routes. 5. Access around the Gallus dig site (i.e. the archaeological excavation pits) will be confined to a roped-off area for safety purposes, and to ensure that there is no access to significant Aboriginal cultural artefacts remaining in situ at this site. 6. Access and egress to the cave is to occur through the secured gate. The gate is to remain locked at all other times. 7. Light sources to be kept to a minimum, but sufficient to ensure safe passage throughout the cave system. 8. No permanent light sources or other infrastructure of any kind is to be used or installed in the cave without permission. 9. A briefing regarding potential impacts, cultural protocols and appropriate behaviour whilst in the cave must be provided to all participants before entering the cave. 10. Guides are responsible to ensure that they, or their tour participants, do not whilst in the cave: a. stray from the areas approved for access b. remove, displace, disturb, touch or interfere with any part of the cave including any rocks, artefacts or other objects c. smoke or eat d. leave anything in the cave e. enter any of the water bodies.

No access to chambers with significant Aboriginal heritage value

Authorisation for access into areas of the cave containing fragile art and engravings (i.e. Zone B) has not been sought at this point in time. Prohibiting access into the most delicate areas of the cave will help ensure that the risk of damage to those areas arising from visitors’ actions is greatly minimised. DEW has advised that, if the Commercial Tour Operator Licence is approved, it will not permit the Applicant access into Zone B either.

DPC-AAR’s Aboriginal Heritage Discovery Protocols for any inadvertent discoveries

The Applicant considers it unlikely that the Proposal will cause any damage, disturbance or interference to the archaeological significance of Koonalda Cave. Notwithstanding, the Applicant is committed to adhering to DPC-AAR’s Aboriginal Heritage Discovery Protocols when accessing the cave. These protocols provide for the management and reporting of Aboriginal heritage discoveries, and ensure that the discovery of Aboriginal remains is dealt with in accordance with the requirements of the Coroners Act 2003 (SA). If the authorisation sought is granted by the Premier, compliance with these protocols will likely be a condition of the authorisation. A copy of DPC-AAR’s Aboriginal Heritage Discovery Protocols is at Attachment 3.

Experienced tour guides

Aboriginal heritage will also be managed through the presence and supervision of qualified cave guides. The Applicant advises that the ratio of guides to visitors will likely be two to six, that is, an experienced caving guide and an Aboriginal cave/cultural guide for every group of up to six people. The Applicant’s proposed ratio of guides to visitors aims to ensure adequate supervision of visitors and to minimise risks to heritage and the cave environment.

Visitors will also be inducted regarding cultural protocols and appropriate behaviour whilst in the cave, as well as their obligations under the Act.

Risk assessment

A risk assessment was undertaken by DEW, in consultation with the Applicant, to identify risks associated with the Proposal and their potential impacts and to develop proposed controls. The risk assessment suggests a number of controls that mitigate the identified risks to either a moderate or low ranking.

It is noted that FWCAC provided its support for the Proposal in 2018 subject to a number of conditions, including a requirement that the Applicant carries out appropriate risk assessments to ensure that risks to Aboriginal heritage are minimised.

ANTICIPATED IMPACT ON ABORIGINAL HERITAGE

The Applicant has sought to avoid known archaeological features within the cave by confining the proposed tour route to areas already significantly modified through past activities. Minimal modifications are proposed to ensure safe access for, and the passage of visitors.

Wherever possible, the Applicant will make every effort to avoid damage, disturbance and interference with Aboriginal heritage within the application area. The Applicant is committed to reducing the impact the Proposal may have on Aboriginal heritage within the cave by:  acknowledging that access to certain sections of the application area (i.e. Zone B), which contain chambers with irreplaceable Aboriginal art and engravings, will be prohibited  engaging a Mirning person to accompany all tours of the cave to ensure adequate cultural interpretation of Aboriginal heritage  liaising frequently with its key stakeholders about the cave’s conservation, protection and management

 ensuring that visitors are accompanied by experienced cave guides at all times during tours to ensure their safe access and passage, and to ensure their actions inside the cave are supervised  confining the tour route to tracks inside the cave that were constructed for past activities  supporting a condition assessment by placing non-invasive equipment in the cave to record atmospheric conditions over an initial 12-month period (commenced in September 2019)  acknowledging that if DEW grants a Commercial Tour Operator Licence to the Applicant, it will initially be for a 12-month trial period, which will be evaluated against DEW’s condition baseline before consideration is given to extending the licence  developing an induction pack which will be distributed and explained to all visitors emphasising the cultural significance of Koonalda Cave, and visitors’ obligations under Act and the Aboriginal and Torres Strait Island Protection Act 1984 (Cth)  adhering to DPC-AAR’s Aboriginal Heritage Discovery Protocols if and when any Aboriginal objects or ancestral remains are inadvertently discovered inside the cave or doline  supporting the use of non-permanent structures where possible to meet work health and safety requirements  supporting the use of non-permanent rope barrier posts that will deter visitors from straying from the tour route and protecting Aboriginal heritage by keeping visitors at least two metres away from known archaeological features within the cave.

SECTION 13 CONSULTATION

Prior to considering whether to grant the authorisation sought under the Act, section 13 of the Act requires the Premier to consult with the Committee, Traditional Owners for the application area and any other Aboriginal people or organisations that he considers may have an interest in the matter.

Pursuant to section 13, verbal and written submissions are now invited from such parties. Consultees can make a submission to DPC-AAR by phone, letter or via email. Anyone in receipt of this consultation information package is encouraged to share it with other Aboriginal parties who may also have an interest in it. This information package is also available online on DPC-AAR’s website at: dpc.sa.gov.au/heritage-applications.

The consultation period closes at 5:00 pm on Tuesday 1 September 2020.

In line with COVID-19 social distancing requirements, no public meeting will be held for this consultation. However, DPC-AAR will endeavour to contact key Traditional Owners, as well as Aboriginal people and organisations with a known interest in the application area, prior to the closure of the consultation period. If you do not receive a telephone call, or would like to learn more about the Project and/or wish to lodge a submission, please call DPC-AAR on (08) 8226 8900, or write to:

Mr Alex van Wessem Principal Project Officer (Heritage) Aboriginal Affairs and Reconciliation Department of the Premier and Cabinet GPO Box 2343 ADELAIDE SA 5001 Email: [email protected]

When making a submission, consultees should consider, and provide feedback on, the following key questions:

1. Should the authorisation sought be granted to the Applicant? Why or why not?

2. If the authorisation is granted, what conditions, if any, should be imposed on it? 3. Are there any other matters that the Premier should be aware of when considering the application?

Unless otherwise requested, submissions will be forwarded to the Applicant for comment.

Once the public consultation period has closed, all consultation feedback, including any responses provided by the Applicant to submissions received, will be forwarded to the Committee for its review. In light of that information, the Committee’s own advice about the Proposal will be sought.

DPC-AAR will collate consultee and Committee feedback with its own recommendations, and provide these to the Premier within a single brief to assist him make his final decision about the application.

DPC-AAR is happy to answer questions or provide further information about the Proposal at any time before the consultation period closes.

ALL SUBMISSIONS MUST BE PROVIDED BY 5:00 PM ON TUESDAY 1 SEPTEMBER 2020.

Thank you for taking the time to consider this consultation information package. If you are an interested Aboriginal party, DPC-AAR encourages you to make a submission before the closing date.

Attachments: Attachment 1: Plan of application area (courtesy of P. Maynard 2013) Attachment 2: Photographs of the proposed tour route (courtesy of Applicant) Attachment 3: DPC-AAR’s Aboriginal Heritage Discovery Protocols

Attachment 1 - Plan of application area (Zone A and Zone B) Attachment 2 – Photos of the proposed tour route (courtesy of Applicant)

1. Descent into the doline Cave doline showing entrance ladder and track used

2. From the cave entrance to the Junction Entrance temporary ladder (left), rock pile ladder (middle) and pastoralists’ track (right)

Entrance rock pile showing existing track to the Junction

3. Northern Passage Pastoralists water pump at the Junction to Northern Passage

Lower Northern Passage showing track to Lakes

Existing track towards the Lakes

4. Return to the Junction and visit to the excavation pits Archaeology chamber where cultural interpretation will be delivered

Attachment 3 - AAR's Aboriginal Heritage Discovery Protocols

ABORIGINAL HERITAGE DISCOVERY PROTOCOL For proponents holding a section 23 Authorisation

Dealing with the discovery of skeletal remains

It is recommended that prior to beginning work, proponents undertaking ground disturbing works in high risk areas negotiate with the Aboriginal groups and an archaeologist a plan for managing the discovery of skeletal remains.

Discovery of skeletal remains

STOP works in immediate area Redirect works away from remains to avoid further impact

Contact SA Police Tel 131 444 The immediate area will be under the control of the SA Police until further notice

SA Police Investigation Pursuant to the Coroners Act 2003, SA Police and Forensics SA will determine if the remains are human If human, whether the remains are a crime scene or ancestral.

Non-human: (e.g. animal): area Ancestral remains: area reverts to CrimeCrime scene: scene: area area remains remains reverts to proponent’s responsibility proponent’s responsibility. Works should underunder thethe controlcontrol ofof SASAPOL Police and works can resume not resume but remain cordoned off

Proponent must notify their Aboriginal Monitors or Archaeologists and ask them to attend the site within the next 24 hours

Proponent should also notify AAR Aboriginal He ritage Team

Aboriginal monitors/archaeologist attend site to advise and manage any salvage or excavation and removal to temporary storage area. Negotiate timing, funding and safe location for reburial

Aboriginal monitors/archaeologist submit site card and reports for burial and reburial to AAR Aboriginal Heritage Team

Proponent can resume works

Key Proponent SA Police

Aboriginal monitors/archaeologist

As part of project planning, proponents may allocate a secure on-site storage area for the temporary securing of remains, pending reburial. ABORIGINAL HERITAGE DISCOVERY PROTOCOL For proponents holding a section 23 Authorisation

Dealing with the discovery of Aboriginal sites and objects

It is recommended that prior to beginning works, proponents undertaking ground disturbing works in high risk areas negotiate with Aboriginal groups and an archaeologist a plan for managing the discovery of any Aboriginal sites and/or objects.

Discovery of suspected archaeological material If the discovery is found to include skeletal remains refer immediately to Remains Protocol STOP all work in that location

Contact a suitably qualified Aboriginal monitor or archaeologist to assess the archae ological material and advise on nature and significance

Not Aboriginal Site or Aboriginal Site Aboriginal Object/s Object/s

Monitor/archaeologist: Proponent to leave artefact/s Recommendations to in situ until monitor/ proponent, i.e. salvage, archaeologist can record, bag excavation, research and label finds

Proponent to decide Monitor/archaeologist: Store further action, based on securely according to advice received and previously agreed management scope of project plan

Proponent/archaeologist to report discovery to AAR

Proponent proceeds with works

Key Proponent

Monitor/archaeologist

As part of project planning, proponents may allocate a secure on-site storage area for the temporary securing of objects, pending repatriation.