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Integrated catchment management in the Murray–Darling Basin A process through which people can develop a vision, agree on shared values and behaviours, make informed decisions and act together to manage the natural resources of their catchment: their decisions on the use of land, water and other environmental resources are made by considering the effect of that use on all those resources and on all people within the catchment.

Our values Our principles We agree to work together, and ensure that our We agree, in a spirit of partnership, to use the behaviour reflects the following values. following principles to guide our actions.

Courage Integration •We will take a visionary approach, •We will manage catchments holistically; provide leadership and be prepared to that is, decisions on the use of land, make difficult decisions. water and other environmental resources are made by considering the effect of that Inclusiveness use on all those resources and on all •We will build relationships based on trust people within the catchment. and sharing, considering the needs of Accountability future generations, and working together in a true partnership. •We will assign responsibilities and •We will engage all partners, including accountabilities. Indigenous communities, and ensure •We will manage resources wisely, being that partners have the capacity to be accountable and reporting to our partners. fully engaged. Transparency Commitment •We will clarify the outcomes sought. •We will act with passion and decisiveness, •We will be open about how to achieve taking the long-term view and aiming for outcomes and what is expected from stability in decision-making. each partner. •We will take a Basin perspective and a non-partisan approach to Basin Effectiveness management. •We will act to achieve agreed outcomes. •We will learn from our successes and Respect and honesty failures and continuously improve •We will respect different views, respect our actions. each other and acknowledge the reality of each other’s situation. Efficiency •We will act with integrity, openness and •We will maximise the benefits and honesty, be fair and credible, and share minimise the costs of actions. knowledge and information. Full accounting •We will use resources equitably and respect the environment. •We will take account of the full range of costs and benefits, including economic, Flexibility environmental, social and off-site costs and benefits. •We will accept reform where it is needed, be willing to change, and Informed decision-making continuously improve our actions through a learning approach. •We will make decisions at the most appropriate scale. Practicability •We will make decisions on the best •We will choose practicable, long-term available information, and continuously outcomes and select viable solutions to improve knowledge. achieve these outcomes. •We will support the involvement of Indigenous people in decision-making, Mutual obligation understanding the value of this •We will share responsibility and involvement, and respecting the living accountability, and act responsibly, knowledge of Indigenous people. with fairness and justice. Learning approach •We will support each other through necessary change. •We will learn from our failures and successes. •We will learn from each other. MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:33 AM Page i

Lake Victoria Cultural Landscape i Plan of Management MAY 2002

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Lake Victoria Cultural Landscape Plan of Management Published by the Murray–Darling Basin Ministerial Council Office address Level 5, 15 Moore St, Canberra, Australian Capital Territory Postal address GPO Box 409, Canberra ACT 2601 Tel: (02) 6279 0100; from overseas +61 2 6279 0100 Fax: (02) 6248 8053; from overseas +61 2 6248 8053 Email [email protected] Internet http://www.mdbc.gov.au ISBN 1 876830 35 2 © Murray–Darling Basin Commission 2002 This work is copyright. Photographs and cover artwork, and the MDBC logo, are not to be reproduced or stored by any process without permission. However, text and other graphics in this publication may be reproduced in whole or in part, provided the information is not sold or put to commercial use and its source (‘Murray–Darling Basin Ministerial Council 2002, Lake Victoria Cultural Landscape Plan of Management’) is clearly acknowledged. Reproduction and storage for other purposes is prohibited without prior permission of the Murray–Darling Basin Commission. Ref No. I&D MDBC 7532 ii

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THE s90 CONSENT CULTURAL LANDSCAPE PLAN OF MANAGEMENT

TABLE OF CONTENTS

PART 1: FOREWORD 1 Introduction 1 Development of the Plan of Management 1 Acknowledgment of the Spirit of Cooperation 3 Geographic Scope of the Plan of Management 3 How to Read This Plan 3

PART 2: THE CULTURAL SIGNIFICANCE OF LAKE VICTORIA 7 2.1 Lake Victoria’s Role as a Water Storage 7 Legislative Framework—The Murray–Darling Basin Agreement 7 Role of Lake Victoria 7 iii Historical Operation of Lake Victoria for Water Conservation 8 Harmony Operations with Menindee Lakes 8 Additional Dilution Flows 8 Salinity Management 8 Water Storage and Re-regulation 9 Environmental Flow Management 9 2.2 Lake Victoria as a Cultural Landscape 10 The Cultural Landscape 10 The Lake Environment 10 Cultural Heritage 10 Natural Heritage 11 Values of Associated People 12 2.3 Statement of Significance 17 Assessment of Heritage Significance 17 Statement of Significance 18 2.4 Factors Affecting Heritage 22 Historic and Current Impacts on the Lakeshore 22 Assessment of Impacts on Heritage Significance 23 Management Zones 23 Management Requirements 29

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PART 3: THE CONSENT CONDITIONS 33 3.1 Introduction 33 Legislative Framework 33 Overview of the s90 Consent 33 Objective of the Plan of Management 34 How to Read Part 3 of the Plan of Management 34 3.2 Consent Conditions, Objectives, Strategies and Action Plans 35 Relationship between Consent Conditions, Strategies and Action Plans 35 Life of Consent Condition, Strategy and Action Plans 36 Ongoing Review 36 Formal Review Process 36 3.3 Lake Victoria Advisory Committee and Community Relations 50 Lake Victoria Advisory Committee 50 Barkindji Elders Committee 50 Broader Community 51 3.4 Strategies for Cultural Heritage Conservation 51 Background 51 Vegetation 51 The Lake Victoria Operating Strategy 52 3.5 Research and Monitoring 52 Research 52 Research Plan 55 Monitoring 55 Description of the Monitoring Programs for Consent Condition 10 to 15 56 3.6 Actions Outside the Area of the Lake 62 Groundwater Monitoring and Salinity 62 Natural and Cultural Heritage Inventories of Surrounding Areas 62 3.7 Management and Implementation. 62 Management Responsibilities 62 Decision-making process 64 Life of the Plan of Management 64 Independent Review after Five Years 64 Annual Review of Plan 64

PROTOCOLS 65 Lake Victoria Access Protocol 65 iv Protocol for the Employment of Aboriginal Workers at Lake Victoria 68

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Protocol for the Protection of Newly Discovered Burials Found at Lake Victoria 69 Protocol for the Maintenance of Existing Burial Protection Works at Lake Victoria 70 Lake Victoria Field Code of Conduct 71

APPENDICES 75 Appendix 1: S87 Permit 75 S90 Consent 85 Appendix 2: References 109

Front Cover: Landsat TM Bands 1,2,3 merged with SPOT Panchromatic Imagery. Landsat TM captured 23 April 1999, SPOT captured 14 April 1999. Landsat TM © ACRES/AUSLIG 1999 – Commonwealth of Australia SPOT Image © CNES 1999.

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PART 1: FOREWORD The NSW National Parks and Wildlife Service (NPWS) issued an eight-year s90 Consent to the Introduction MDBC on 27 August 1998, subject to a series of Conditions. In the event the MDBC appealed Lake Victoria is a naturally occurring shallow the original conditions and subsequently a freshwater Lake approximately 60 kilometres revised set of Conditions was approved by the downstream of the Murray–Darling Junction in NSW Minister for Environment and adopted by south-western New South Wales, close to the the NSW Director-General of NPWS on 27 South Australian and Victoria borders May 2002. The Conditions are listed in Table 1. (Figure 1). Since 1928, Lake Victoria has been The s90 Consent has been issued on the basis operated by the Murray–Darling Basin that disturbance of Aboriginal relics will be Commission (MDBC) as a regulated, off-river minimised to the greatest extent possible storage as part of the River Murray system. The through future operation of the Lake and other storages in the River Murray system are management of the landscape. These Consent Hume Dam, Dartmouth Dam and the Conditions will be implemented through this Menindee Lakes. Lake Victoria is managed and document—the Lake Victoria Cultural operated by the South Australia Water Landscape Plan of Management (the Plan). Corporation (SA Water), on behalf of River Murray Water (RMW), an internal business unit Development of the Plan of of the MDBC. River Murray Water is responsible Management for the overall management and renewal of the works of the River Murray and Lower Darling The s90 Consent required a Plan of system under the Murray–Darling Basin Management for the Lake Victoria Cultural 1 Agreement. For convenience this document Landscape to be developed: refers to the MDBC and this reference should be •in accordance with nationally accepted interpreted as referring to River Murray Water heritage principles, procedures and guidelines; for operational, management and renewal • in close consultation with the Lake Victoria purposes. Advisory Committee, and presented to the Lake Victoria was an important centre for Advisory Committee for review; traditional Aboriginal people, and remains so for •with subsequent submission of the final draft associated Aboriginal people today. The cultural to the Director-General NPWS for approval; heritage of Lake Victoria is recognised as being and of exceptionally high significance to Aboriginal people with traditional and historic affiliation to •with the capacity to adapt management as the Lake, but it is also highly significant to the new issues emerge. broader Australian community at a national Figure 2 shows the planning process that was level. used to develop this Plan of Management. Regulation of the Lake over the last 70 years has The development of the Cultural Landscape contributed to the erosion and exposure of Plan of Management was initially directed by a Aboriginal cultural material on the Lakeshore, in sub-committee of the Lake Victoria Advisory particular Aboriginal burial grounds. Since 1994, Committee. (The role and composition of the substantial works have been built to protect all Lake Victoria Advisory Committee and the known burials from wave and wind erosion, and Barkindji Elders Committee are described in an Environmental Impact Statement (EIS) was detail in Section 3.3) This sub-committee was prepared to support an application under s90 of chaired by a heritage management professional the NSW National Parks and Wildlife Act (1974) and included three elders from the Barkindji to allow continued disturbance of non-burial community, a landholder representative and Aboriginal relics by regulation of the Lake. representatives from NPWS, Department of

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Land and Water Conservation (DLWC), MDBC The Plan has been developed in accordance with as secretariat/author and SA Water. nationally accepted heritage principles, The sub-committee produced a number of drafts procedures and guidelines including the Burra in 1999 which were considered and approved by Charter, the Draft Guidelines for the the entire Advisory Committee. In December Management of Aboriginal and Torres Strait 1999, Draft 3 was distributed for comment to Islander Heritage, the Australian Natural external agencies including NPWS, the NSW Heritage Charter and the Conditions of the s90 State Heritage Office, Environment Australia Consent for Lake Victoria. and the NSW State Aboriginal Land Council. Part 2 of this document establishes the Work continued in 2000 under the continued significance of Lake Victoria by: guidance of the chair of the sub-committee, and •providing a background to the significance of various aspects of the Plan were considered by Lake Victoria as a cultural landscape and in the entire Advisory Committee at a number of its role as a water storage; workshops. Draft 4 was presented to the • identifying the diverse values the Lake Advisory Committee for comment in April 2001 represents and providing a statement of the and a final draft was distributed to the external significance of Lake Victoria as a place; and agencies for comment following the incorporation of amendments from that • explaining the factors which affect the workshop. heritage and identifying management zones and priority areas of significant heritage. Table 1: List of Consent Conditions

Condition Topic of Consent Condition 1 Lake Victoria Advisory Committee and Community Relations 2Cultural Landscape Plan of Management 3Geographic Scope 4Approval Processes 5Reporting Processes 6Communication and Access Strategy 7General Principles of the Cultural Landscape Plan of Management 8Strategies for Revegetation 9Research Activities 10 Monitoring Cultural Heritage 11 Monitoring Burial Protection Works 12 Understanding, Assessing and Monitoring the Environment, Impacts and Mitigation Actions 13 Monitoring Vegetation 14 Monitoring Non-Native Fauna 15 Monitoring Water Quality 16 Lake Operations 17 Interim Operation of the Lake 2 18 Impacts on Areas Outside of the Lake 19–27 Specific Terms and Conditions for s90 Consent 28–30 Specific Conditions Applying to the Consent

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Part 3 of this document presents the strategies How to Read This Plan developed to address the Consent Conditions. The Plan is trying to achieve a number of These strategies recognise the need for a balance purposes including: between conserving the competing values at Lake Victoria, and ensuring that the operation of • address the requirements of the Consent and Lake Victoria for water supply purposes takes its associated conditions; into consideration the impacts on cultural and •provide some background, especially the natural heritage values. reasons why Lake Victoria is such an important place for cultural and historical Acknowledgment of the Spirit of reasons for Aboriginal and non-Aboriginal Cooperation Australians, as well as its critical role in The process of developing the Cultural securing water resources for NSW, Victoria Landscape Plan of Management for Lake and South Australia; and Victoria has always been an issue of seeking a •provide the essential elements of the Lake balance among the many values held by the Victoria story in an inviting and interesting stakeholders. This has been an involved process form. and has been characterised by a strong spirit of The individual parts of the Plan are designed as cooperation by all involved. discrete sections which can be read and Geographic Scope of the Plan of understood without the need to refer to the Management other parts. Inevitably, this means some repetition, but every effort has been made to Figure 3 shows the geographic scope of the Plan 3 keep this to a minimum. of Management, which is specified in Consent Condition 3 as: Part 1 provides a simple overview and introduction to the document. “the area described in ‘Schedule B’ in the s90 Consent, plus the Lake and its bed, Frenchmans Part 2 provides a summary of the background to Creek downstream of the Inlet Regulator and its the cultural significance of Lake Victoria by bed.” examining its cultural landscape, social, aesthetic, historic, geodiversity, biodiversity, scientific and Schedule B in the s90 Consent includes: economic values. The key message is that finding The Lakeshore of Lake Victoria below 27 m a solution to conserving the cultural heritage at and areas of cliff at 27 m rising to 29–30 m. Lake Victoria involves assessing and balancing The section of Frenchmans Ck between Banks 8, these values. The material presented in Part 2 is a 9 and 10, and Banks 1 (from the Control summary, and there is a significant amount of Regulator to Scaddings Bridge) which is literature which was developed as a result of the inundated when the Lake is at 27 m. extensive work in support of the EIS. Further On the southern edge of the Lake, the boundary references are listed in Appendix 2. has been extended to follow the line of Part 3 presents the specific response to the Embankment 6, which runs from the Outlet Consent Conditions. The majority of conditions, Regulator to the Control Regulator. This which are in effect conservation policies derived includes land that is not directly impacted by the from the Statement of Significance, require the Lake regulation, but whose conservation formulation of a management response. Each of management needs to be consistent with the rest these conditions has been analysed to determine of the Lakeshore the intent of the condition, in order to develop the appropriate strategies and action plans, which are listed.

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In addition, the Plan needs to be understood by consequence of including so much material is a wide variety of people. It needs to be that the full Plan is a lengthy document, which sufficiently detailed for operational purposes, but may discourage some people from reading it. it also needs to be presented in an inviting and The poster highlights the essential elements of plain language format for those who do not the Plan for wider distribution. require the same level of detail. An unfortunate

Figure 1: Location of Lake Victoria

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Figure 2: The Cultural Landscape Planning Process

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Figure 3: Boundary of Section 90 Consent

Note: The Section 90 Consent encompasses the area of Lake Victoria up to EL 27 m, plus the areas of cliff at EL 27 m rising to 29–30 m and Frenchmans Creek downstream of Scaddings Bridge. The Cultural Landscape Plan of Management encompasses all of the above areas plus Frenchmans 6 Creek between Scaddings Bridge and the Inlet Regulator.

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PART 2: THE CULTURAL Role of Lake Victoria SIGNIFICANCE OF Lake Victoria plays a critical role in increasing LAKE VICTORIA the efficiency of the operation of the River 2.1 Lake Victoria’s Role as Murray system because it: a Water Storage •provides storage capacity for all water that enters the River Murray below Hume Dam Legislative Framework—The and the Darling River below Menindee Lakes Murray–Darling Basin Agreement or spills from these storages;

The system of storages and regulated flows along • has a capacity of 680 gigalitres of water which the River Murray supplies water to South is equal to approximately three months peak Australia, New South Wales and Victoria under a entitlement flow to South Australia; water-sharing agreement which is part of the • is used to balance South Australia’s overall Murray–Darling Basin Agreement 1992. entitlement by storing water in periods of This replaced the River Murray Waters Agreement high flow and releasing water when flows are of 1915. In 1988 the MDBC replaced its low; predecessor, the River Murray Commission, •re-regulates surplus flow, for example, in which had been managing the regulation and summer there may be a reduction in storage of flows in the Murray since 1917. The irrigation as a result of thunderstorms and a MDBC was given a new brief and broader corresponding increase in river flow, which responsibility to manage the catchments can be stored in Lake Victoria for supply to surrounding the rivers, with a new emphasis on South Australia later; 7 catchment management. •mitigates against the flow restrictions imposed The water-sharing agreement guarantees certain by a narrow section of the Murray known as minimum flows to South Australia, irrespective the Barmah Choke (near Echuca); of the needs of water users upstream. New South Wales and Victoria are licensed to extract a •provides a buffer for the dilution of high certain amount of water but South Australia is salinity water in the lower Murray; and the only State that is guaranteed a minimum •provides environmental benefits by managing monthly flow (entitlement) under the high river flows to produce a flow that Murray–Darling Basin Agreement. The only optimises the environmental benefits exception is during periods of severe drought, downstream of the Lake, by enhancing, when the total volume of stored water is shared mitigating or prolonging a flood peak equally between New South Wales, Victoria and depending upon the particular circumstances South Australia. at the time. One of the main consequences of any change to The operation of the Lake is based on a number Lake Victoria that would affect the amount of of principles including the harmony of operation water stored, would be a reduction in the total between Lake Victoria and Menindee Lakes, available diversions to New South Wales and salinity management guidelines, water storage Victoria together with a reduction in the security and re-regulation requirements and management of supply (under the current legislated of environmental flows. Murray–Darling Basin Agreement, South Australia would not be affected). Without revision of the current Murray–Darling Basin Agreement, South Australia’s entitlements would not change. However, some consequences to South Australia resulting from the altered operation of Lake Victoria may arise under severe drought.

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Historical Operation of Lake • if the water level in Lake Victoria is above Victoria for Water Conservation target level then water from Lake Victoria is used to meet the required flow to South Historically the Lake has been operated with the Australia. principal aim of conserving water resources in order to guarantee water supply. The Lake was • if the water level in Lake Victoria is below or generally operated by filling it as early as possible about to fall below the target level because the each year, and storing water until it was required. flow in the River Murray upstream of the Darling River Junction is insufficient to meet This meant that sometimes the Lake level was the required flow to South Australia, then kept at very high levels for long periods, a factor water is released from Menindee Lakes to which has contributed to significant changes to meet the shortfall, and if necessary, to raise the natural environment. To some extent, this the water level in Lake Victoria to the target style of operation has evolved recently as a result level. of greater awareness of environmental issues. Further evolution is expected in future, which Additional Dilution Flows may have an effect on the way that Lake Victoria South Australia is entitled to Additional Dilution is managed as a key part of the River Murray Flows from Menindee Lakes if certain targets are system. met. This additional flow is a result of the Harmony Operations with evaporation savings that arose from the Menindee Lakes introduction of harmony operation of Menindee Lakes and Lake Victoria in 1988, and aims to Lake Victoria is operated in harmony with reduce the salinity of the River Murray in South Menindee Lakes, on the Darling River. The Australia. If the combined storage of Hume harmony operation has been developed to take Dam and Dartmouth Dam is more than 2 000 into account the unique circumstances that relate gigalitres and the storage in Menindee is above 1 to Menindee Lakes and Lake Victoria as storages 650 gigalitres in June and July, 1 500 gigalitres in an arid environment at the lower end of the in August and 1 300 gigalitres in all other river system. The conventional operation of months, then South Australia is entitled to an storages is to use water from the lower storage additional 3 000 megalitres per day Additional first, as it is possible to release water from the Dilution Flow. upper storage later if required. With Menindee Changes to the operation of Lake Victoria can Lakes and Lake Victoria, the application of this impact on the timing of releases from other concept does not always result in optimum storages, In turn this could potentially impact operation, as the Menindee Lakes have a the amount of Additional Dilution Flow significantly higher evaporation rate than Lake supplied to South Australia. Victoria. Salinity Management The harmony operation and the associated target levels have been developed to maximise the Another set of rules for the operation of the Lake availability of water and to minimise the loss of is aimed at optimising water quality to South water through evaporation and associated Australia. concentration of salt. A second component of If the flow to South Australia is less than 11 000 the harmony operation is the provision of megalitres per day, water salinity is adjusted: additional dilution flows to South Australia for • if the salinity of the water in the River is management of salinity in the lower Murray. higher than the salinity of the water in Lake 8 The harmony rules call on water from Menindee Victoria, the bulk of the flow to South Lakes if available and Lake Victoria according to Australia is fed through Lake Victoria to a series of target levels in Lake Victoria: reduce the salinity downstream of the Lake.

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Figure 4: Lake Victoria storage volume trigger for harmony releases from Menindee Lake

• if the salinity of the water in the River is This is likely to occur during the late lower than the salinity of the water in the winter/spring period as the river rises in Lake, the bulk of the flow is passed down the response to normal winter/spring rainfall and 9 River to minimise downstream salinity. the Lake generally fills during this period. If the flow to South Australia is greater than •following a cool or wet period in summer 11 000 megalitres per day, water salinity is when irrigation demand may temporarily adjusted: reduce and there is a component of run-off • if the salinity in the River is lower than the and increased tributary flow (called a rain salinity in the Lake, then the water is passed rejection), any flow above entitlement is through Lake Victoria to reduce the Lake stored in the Lake. salinity (called flushing). This usually occurs Environmental Flow Management during late winter/spring and reduces Lake salinity and so improves the quality of water Lake Victoria can be used to manage high river to be supplied out of the Lake to South flows to produce a flow that optimises the Australia during the following summer. environmental benefits to the River Murray downstream of the Lake. This can be achieved Water Storage and Re-regulation by enhancing, mitigating or prolonging flood Lake Victoria provides a re-regulating role to peaks, depending upon the particular South Australia’s required flow in the following circumstances at the time. There is way: approximately 650 km of the River Murray downstream of Lake Victoria that can be • if the flow in the Murray above Lake Victoria influenced by the operation of the Lake. is less than required, additional flow is provided from the Lake. This generally occurs during the peak summer and autumn demand period. • if the flow in the Murray upstream of the Lake is higher than required, the surplus water is diverted into the Lake and stored.

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2.2 Lake Victoria as a Cultural Heritage Cultural Landscape Traditionally the Lake was within the lands of the Maraura people, a sub-group of the The Cultural Landscape Barkindji people, whose country extended from The Cultural Landscape of the Lakeshore of north of Wilcannia to the Murray–Darling Lake Victoria is made up of multiple layers: the Junction and west of the Darling to the Chowilla physical landscape of the Lake, its beaches, area. In the 1830s the traditional patterns in the islands and surrounding cliffs; the natural Lake Victoria region were broken by the invasion environment of plants and animals; and the of Europeans, moving vast herds of sheep and cultural imprint of humans. This consists of the cattle along the northern bank of the River changes people have made to the physical and Murray. Throughout 1841 the Aboriginal people natural environment, the material remains they living here engaged in one of the strongest wars have left behind, as well as human perception of of resistance in Australia, focussing on three the landscape, held in history, stories and major river crossings, the Darling River to the memories. east, Salt Creek to the west, and Rufus River, the outlet channel of Lake Victoria. The Lake Environment For several months the Aborigines were Lake Victoria is a substantial, ancient Lake on successful in routing the invading overlanders, the Murray River. It is set into the clays of a but the conflict culminated on 27 August 1841, much older and vaster system, Lake Bungunnia. when the people of Lake Victoria were defeated The surrounding land surface is a flat dry sand by the combined forces of the overlanders and a plain, gullied on the west and north of the Lake. police expedition from Adelaide at a crossing The eastern shore is hugged by a wide sandy place on Rufus River on the southern lake bed of lunette dune behind which are smaller ponds Lake Victoria. This event which resulted in the and an old floodplain. The older history of the deaths of at least 30 Aboriginal people, and the wounding of another 15, is known as the Rufus physical landscape is revealed around the River Massacre. Aboriginal people were killed in Lakeshore by the older sediments of Lake other events as well. Bungunnia, lying above ancient marine and riverine sediments; and the lunette, which built Since 1841, Aborigines and Europeans have up as the Lake fluctuated during climatic shared the landscape of Lake Victoria, but not changes over at least the last 50 000 years. on equal terms. The land was taken over by Europeans and subdivided into pastoral leases. In About 10 000 years ago, the amount of water the early years, perhaps until the 1860s, Maraura flowing down the Murray decreased, and the people worked with the pastoralists, and their Lake was reduced to a small pond inside its contribution to the success of pastoralists is bigger basin. Since then, Frenchmans Creek, recorded in the reminiscences of the Kerridge Rufus River and a number of interconnecting family. By the 1890s only a handful of local channels have built up an extensive floodplain Maraura people still lived in the area, some had between the Lake and the River Murray. moved down the Murray into South Australia, Meandering across the Lake floor, they also built but most had died. At the same time other up a floodplain delta in the old Lake basin. A Southern Barkindji–Maraura people from the line of low sandy barriers, running east-west Great Anabranch of the Darling River, notably across the delta, and now known as the the Mitchell family, moved to the Lake as Frenchmans Islands, may mark the level of pastoral workers. The extended families of their highest floods. As the delta floodplain built up 10 descendants who have maintained their historic on the southern Lakeshore, a new shoreline ties for the last 100 years, and are now involved formed on the south-west of the Lake, now in the conservation of the cultural heritage of known as Talgarry Barrier. Lake Victoria.

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In the 1920s the Lake was regulated as a water and Frenchmans Creek; blackbox woodland, storage on the River Murray. Landscape changes sedgeland and grassland on the floodplain. River included rerouting river channels and damming red gum woodland also extended around the rest the southern Lakeshore with embankments. of the Lakeshore, with dense stands on the Changes in the Lake regime killed much of the sheltered western shore, and sparse trees on the Lakeshore vegetation and changed erosion and exposed and barren eastern shore. In some places sedimentation patterns, exposing Aboriginal saltbush communities also grew on the Lakeshore. burials and campsites. In turn the construction There is little specific information about the pre- of the regulation works and subsequent regulation Lakeshore vegetation apart from management activities left another cultural layer annotations on the survey map prepared in on the landscape. 1913–18, and no information about the fauna. Lake Victoria was used as an air-to-ground However, local and regional historic records gunnery range by the RAAF’s 2 Operational indicate that the original flora and fauna of this Training Unit (2OTU) which was based at area was as severely affected last century by sheep Mildura during World War II. Remnants of and rabbits as anywhere else in western NSW. spent ammunition have been found around the The Lake regulation had a substantial impact on Lake. In addition, there were a number of the Lakeshore flora. The most obvious sign is the crashes at the Lake. Some of the aircraft were stands of dead river red gums along the pre- salvaged but others remain in the Lake along regulation Lakeshore and especially along the with the remains of some aircrew. drowned Rufus–Frenchmans channels on the The Lakeshore of Lake Victoria preserves a rich southern lake bed. The four vegetation record of the way people, both Aboriginal and communities which survive on the southern lake 11 non-Aboriginal, have lived in this landscape. bed are ‘derived’ associations formed in response This cultural record consist of the physical traces to 70 years of artificially elevated Lake level of human life and activity: the campsites, conditions. Despite their artificial nature, they fireplaces, factory floors, and burial grounds of are floristically and structurally dominated by Aboriginal people who lived here over many species indigenous to the region. None of the thousands of years; and the house sites, fences, plant species recorded are rare or threatened in ruins, roads and water regulation works of NSW or Australia, although a number of them European people, the newcomers who have been represent range extensions. here just 160 years. On the southern lake bed a river red gum The cultural record also includes the physical woodland fringe (and some other tree and changes people have made to the landscape: the perennial species) has established itself at the extensive shell middens in the organic rich soils post-regulation high water level, 27 m. built up by Aboriginal people; the changes to the Elsewhere around the Lake, most of the beach is Lake, raised water levels and embankments, either unvegetated or dominated by introduced made by Europeans; and, importantly, the major species when the Lake is low. Despite the burial protection works built jointly by the artificial nature of the vegetation associations on Aboriginal people and Europeans over the last the southern lake bed, they provide important few years. wildlife habitat for animals, including at least 16 species considered of conservation concern in Natural Heritage western NSW. The vegetation of the southern lake bed was a natural shoreline zonation of Lakeshore floodplain communities: river red gum woodland along the channels of the Rufus River

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Values of Associated People Aboriginal people. It was the final, and most tragic event in the Aboriginal war of resistance Cultural heritage is not just about places and along the central Murray, and presaged the objects in themselves. Heritage places and subsequent loss of land and culture. objects are important because they are meaningful to the people who have cultural and The large number of burial grounds at Lake historic ties and associations to them. This is the Victoria are a constant and highly visible case at Lake Victoria. Traditionally the Lake was reminder to generations of Aboriginal people of part of the country of the Maraura people, a what happened. There has been an historical sub-group of the Barkindji people, whose belief that the burials include the remains of the country extended from north of Wilcannia to massacre victims, and while this has not been the Murray–Darling Junction and west of the demonstrated, it remains a possibility. Although Darling to the Chowilla area. the burials at Lake Victoria are the result of generations of Aboriginal people living in the Knowledge about the existence of burial grounds area, the possibility that specific ones may be the was handed down within the Aboriginal victims of the Rufus River or other massacres, community even through the social disruptions influences Aboriginal attitudes to them, and is a of the last 160 years. The burial grounds are of constant reminder of loss and dispossession. extremely high spiritual and social value. Barkindji mortuary beliefs are complex, and These values are embedded in a landscape which involve the concept of the dangerous nature of as a whole is important to Aboriginal people. burial places. The large number of people buried The traditional and historic meanings are at the Lake reinforces the feeling that the overlaid by generations of direct association remains should not be disturbed. It is primarily through families working initially in the pastoral the burial grounds that give the Lake its spiritual industry and now in heritage conservation. The and sacred connotations, although associated Lake and its environment, the plants and Aboriginal people also recognise and value the wildlife, are all culturally important to Aboriginal people. For many people, their other material heritage such as campsites, personal and family ties with the Lake form part middens, stone artefacts and scarred trees that of the spiritual significance. show where and how people lived around the Lake. Today the cultural heritage of the Lake is valued by the following associated Aboriginal people: The Lake is regarded as a place of great spiritual importance, primarily because of the burial • the descendants of the original Maraura clans grounds. However, it is also associated with of Lake Victoria, now mainly living in South traditional regional sacred stories. While the Australia. details have not been handed down in oral • people descended from other Maraura people, tradition, early anthropological records suggest who lived elsewhere in south-west NSW. that it was a major site, connected to significant • people who have historic ties to Lake Victoria storylines along the Murray and Darling relating (and who may also be Maraura descendants), to Eaglehawk and Crow, and to especially the Mitchell family. Ngurunderi/Nurelli, creator of the River Murray. •the Barkindji people as a whole. These factors alone would give the Lake great cultural significance for Aboriginal people. •Aboriginal people who have worked on the However, the Lake was also the focus of a series conservation project, regardless of descent. of conflicts between Aborigines and overlanders, Many non-Aboriginal people, including some of culminating in the Rufus River Massacre of 27 the current local landholders, have had long 12 August 1841. The Rufus River Massacre gives associations with Lake Victoria and in some cases the Lake immense cultural significance for the also with the associated Aboriginal families.

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Their views on the Lake are derived from current •people associated with the RAAF training and historic personal and family ties, and relate unit. to the Lake as home, either now or in the past. • people associated with the regulation of the The social significance of the Lake to a wider Lake: those involved in the construction, and range of people with historical associations, for the current employees, many of whom have example through work on the Lake regulation or lived in the area for a long time. through the RAAF, has yet to be thoroughly • people who have been associated with explored. environmental and heritage research at Lake The non-Aboriginal people associated with Lake Victoria. Victoria include: •government agency employees who have •descendants of original pastoral families in the worked in the area, some for many years. area, many of whom still live in the region. The figures on the following pages illustrate the • current pastoral families. different landscapes at Lake Victoria over the years: •members of the Wentworth Historical Society, many of whom fall into the above categories, • Figure 5—Aboriginal people in the landscape but who have a particular interest in local at Lake Victoria over the last 18 000 years; history. • Figure 6—European people in the landscape • the broader local community: those with a at Lake Victoria; and general historic interest, and those with an • Figure 7—The post regulation landscape of 13 economic or recreational interest. Lake Victoria.

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Figure 5: Aboriginal people in the landscape at Lake Victoria over the last 18 000 years (Drawing by F.W. Shawcross)

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Figure 6: European people in the landscape at Lake Victoria (Drawing by F.W. Shawcross)

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Figure 7: The post-regulation landscape of Lake Victoria (Drawing by F.W. Shawcross)

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2.3 Statement of Significance Uniqueness

Assessment of Heritage The cultural heritage demonstrates a unique Significance conjunction of a number of highly significant aspects: the burial grounds, the extensive The heritage significance of Lake Victoria forms preservation of rich Aboriginal heritage material, the basis for the Consent Conditions and and the number of significant historic events and underpins the Cultural Landscape Plan of processes that have occurred here, from the Management. By first identifying the heritage Rufus River Massacre and other massacres to the values of Lake Victoria, the subsequent sections building of the regulation works. Individually, of the Plan can ensure that the management of these aspects are very important, but together the Lakeshore conserves those values. they give the Lake outstanding cultural value to The cultural heritage significance of Lake the Aboriginal people who have traditional and Victoria was assessed in the Cultural Heritage historic ties, as well as to other Australians. Report of the Lake Victoria EIS. The assessment Because of this there is no doubt that Lake was based on the criteria of the Burra Charter Victoria is of national cultural significance. and of the Register of the National Estate. The This is not the case for the natural environment. cultural aspects of the Statement of Significance The flora and fauna are characteristic of River below are derived from that assessment. Murray wetlands but are not distinctive or The broad natural heritage significance of Lake unique. Only aspects of the geodiversity, such as Victoria was not formally assessed in the EIS. the Holocene palaeosols, have high natural The focus was on rare and endangered species, heritage value. The natural environment has 17 which were assessed in terms of the 8-part test cultural value as a component of the cultural under the Threatened Species Conservation Act landscape value, but this is not the determining (1995). The Statement of Significance here factor for the cultural heritage significance. includes two sections on natural heritage: geodiversity and biodiversity. The factual content Integrity of geodiversity assessment is based on the In spite of the impact of the Lake regulation, the Cultural Heritage, Geology and Geomorphology cultural heritage retains a remarkable degree of reports of the EIS. The factual content of the integrity. Although burials have been exposed biodiversity assessment is based on the flora and and disturbed, the number of in situ burials fauna report by Ian Sluiter and Peter Robertson. remaining has made it possible to identify and The assessment criteria and terminology are protect burial grounds in their original location. those of the Australian Natural Heritage Charter. The spatial integrity of Aboriginal and non- The section on economic value is also based on Aboriginal cultural heritage material is so strong the Australian Natural Heritage Charter. The that the original patterning of human activities is natural and cultural heritage aspects are clear, and it is possible to distinguish this integrated in several sections of the Statement of through the superficial disturbance caused by Significance: Cultural Landscape Values, erosion. The integrity of cultural heritage Aesthetic Values and Scientific Values. material on the Lake Victoria shore is as good For the Lake Victoria Cultural Landscape there and in some respects better than that of is a clear imbalance between the very high comparable material outside the lake bed (and heritage significance of the cultural aspects and throughout the Murray Basin) affected by other the lower heritage significance of much of the erosional forces. The geodiversity values are high natural aspects. There are two major reasons for because most of the geological sediments also this relating to their uniqueness and integrity, as preserve a great degree of integrity in spite of explained below. impacts.

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In contrast, the vegetation has suffered badly which controlled the flow of the Murray. over time and has lost virtually all its original This changed the course and width of the integrity. On the Lakeshore none of the original original channels and provided many new vegetation associations exist in their original wetlands and raised the Lake, thus form or place. Much of the Lakeshore is either drowning large areas and providing more unvegetated or dominated by introduced weeds. regularly fluctuating water levels, resulting Where native vegetation does occurs it consists in changed patterns of erosion and of extremely modified and disturbed sedimentation. associations, retaining no inherent natural •At Lake Victoria, the patterns of heritage value, however it is valued by the Aboriginal and European use are seen in Aboriginal and non-Aboriginal communities. the camping places and river crossing Statement of Significance places, roads and tracks, which have been in use by people for generations. The Statement of Significance is a summary of • The Lake Victoria cultural landscape has the heritage values which include the following: spiritual associations for Aboriginal people •Cultural landscape values, because of the burial grounds and •Social values, massacres. •Aesthetic values, •Continuity of family connections with the •Historic values, area through employment in the pastoral industry, especially when tied to specific •Geodiversity values, places in the landscape are also part of the •Biodiversity values, associative aspects of the cultural • Scientific values, and landscape. •Economic values. • The Lake Victoria cultural landscape has important associative aspects in people’s Cultural Landscape Values feelings for the natural environment, the • The Lake Victoria cultural landscape is a water, the vegetation and the wildlife. This highly significant place, preserving the combines a nostalgia for times past before material evidence of both Aboriginal and the major landscape changes due to the European history, the patterns of human regulation works, but also includes an use of the landscape, and associations such appreciation of changes that the regulation as spiritual feelings about burial grounds, has brought. massacres, past connections and the natural Social Values environment. • Lake Victoria has exceptional spiritual •The landscape itself is the result of human values to associated Aboriginal people as a actions. Aboriginal people living along the place of burials. Lakeshore over thousands of years changed the soils and vegetation by creating • Lake Victoria has spiritual values as the campsites and burial grounds, lighting locality where Aboriginal and European fires, building up shell midden and rubbish people were killed in clashes in the 19th dumps; and by making walking tracks. century. •Europeans had a major impact on the •Knowledge of events such as the Rufus landscape, first by the introduction of River Massacre has been handed down in 18 stock, feral animals and weeds. The main oral tradition, as has the presence of many change has been the regulation works burials, which many Aborigines believe to

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include those of the massacre victims. This of social significance to RAAF veterans in a contributes to the spiritual and social current phase of reunions and values of the Lake and its symbolic role for commemoration. Aboriginal people as a memorial of both Aesthetic Values traditional and historic life and events. •Victoria is a landmark feature because of • The Lake Victoria area has high social the visual contrast it provides as a very significance to Aboriginal people who have large Lake set into a semi-arid landscape, historic associations with the pastoral and the fact that it is the most substantial industry. and probably the most ancient Lake along • Lake Victoria features in important the central Murray River. traditional mythical stories relating to the • The combination of natural and cultural Murray and Darling Rivers. The details of aspects, both social and historic, makes these have been lost from the local oral Lake Victoria an important cultural tradition but recorded in historical landscape which has both aesthetic and documents. These have been recovered social value. through the significance assessment process and may now contribute to Aboriginal • Associated Aboriginal people feel that the values of the Lake. landscape is an important part of the significance of the area. The burials and • The landscape of the Lake, combining other heritage material can only retain both natural features such water, islands, their integrity if the environment remains channels, flora and fauna, and cultural 19 intact. It is clear that the aesthetic quality features such as burial grounds, traditional living areas, massacre sites, and also of the landscape is part of the spiritual modern burial conservation works, is of aspects of Lake Victoria, so social and high social and spiritual significance to aesthetic significance are closely related. associated Aboriginal people. •Although highly modified, the areas of •Many local pastoral families have native vegetation are highly regarded by associations with the Lake and the the Aboriginal and non-Aboriginal surrounding pastoral leases dating back to communities, particularly the stands of the earliest pastoral settlement. river red gum. • The Lake has played an important role in Historic Values the management of the Murray River since •Extensive Aboriginal sites (both living and the 1920s, and has social significance to burial places) preserve the history of associated people such as water Aboriginal people from 18 000 years to the management staff employed there over the 19th century at the unique geographical years, and both local, upstream and meeting place of the cultures of the lower downstream people who depend on the River Murray and of the Darling River in Lake for water. western NSW. • The Lake has been used for recreation by • The Lake Victoria area was the main picnickers, campers and fishers, as well as location of Aboriginal resistance to the for educational field trips by school and pastoral expansion along the Murray university groups. River into South Australia during the •The Lake was the site of RAAF pilot historic land wars along the pastoral training during World War II, and of frontier of south-eastern Australia in the several deaths in plane crashes. The Lake is 1830s–1840s. Rufus River on the Southern

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lake bed was the location of the final and it may extend far back into the Pleistocene. determining conflict between Aborigines It continued as a functioning Lake through and Europeans on the Murray, the Rufus the Holocene when other Pleistocene Lakes River Massacre of 27 August 1841. (Willandra, Menindee) were either totally • The Lake Victoria area is associated with abandoned or only occasionally filled. the history of the European exploration of • The Lake Victoria shoreline has a Australia (particularly with Charles Sturt), remarkable and possibly continuous the development of the colony of South Holocene sedimentary sequence, consisting Australia (Joseph Hawdon and the of stratified organic and culturally-rich overlanders), and development of palaeosols. These accumulated as a pastoralism and the river boat trade. distinctive delta floodplain and other • The Lake Victoria area is associated with shoreline features within the Pleistocene the history of pastoralism in the Western Lake basin. Division of NSW. In particular it has a Biodiversity Values long (and continuing) history of •The majority of the Lakeshore perimeter involvement of Aboriginal people in the has either no natural vegetation at all, or pastoral industry. where vegetation exists it has lost all • Lake Victoria played a key role in the natural integrity and is dominated by or development of water management in the consists entirely of introduced species. Murray–Darling Basin, a significant phase • The surviving native vegetation in the history of land-use and settlement in communities on the Southern Lakeshore Australia, and especially in South Australia. and parts of the Lakeshore perimeter are • Lake Victoria was a training area for the extremely modified, and consist of derived RAAF No. 2 Operational Training Unit associations. They have lost their natural based at Mildura during World War II. integrity, both spatial and compositional. Several airmen lost their lives in plane •Although the modified native vegetation crashes into the Lake. communities are dominated by native • Lake Victoria is associated with the species, none of the plant species recorded development of the environmental and is rare or threatened in NSW, although archaeological understanding of Australia, some have not been recorded in the region as a result of the pioneering environmental before. assessment studies done for the Chowilla •While the vegetation may not be of Dam proposal, and with the development conservation significance in its own right, of cultural heritage management in it has a value in providing important Australia. habitat for the fauna. Geodiversity Values •The fauna is of moderate significance with •At Lake Victoria, sediments representing at least 16 species of wildlife of important the full Murray Basin geological sequence conservation status recorded; the most from the Late Tertiary to the present are significant is the Southern Bell Frog, which visible. is considered endangered in NSW. • Lake Victoria is the largest ancient Lake •A number of waterbird species breed at associated with the River Murray. Its Lake Victoria including two species of 20 position, in the lowest part of the Murray conservation concern, the Greater Basin, and known stratigraphy suggest that Cormorant and the Darter.

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Scientific Values •Contact historic sites can provide information about Aboriginal and • The Lake Victoria Lakeshore sediments European interaction, both independent of and features, the associated inlet and outlet historic documents and providing a link channels and the older floodplain are between the very early historic records, up important for understanding the long-term to 1860, and the later oral and family history of the River Murray. history of the associated Aboriginal • Lake Victoria, uniquely placed on the families. Murray River, and preserving organic rich •Historical sites at Lake Victoria, relating to sediments rare in semi-arid areas has the the pastoral industry and the regulation of potential to provide an understanding of the Lake can provide information about how the environment has changed over the European settlement at Lake Victoria not last 10 000 years, for example through available in historic records. pollen analysis to study the past vegetation of the region. • Both the Aboriginal and European history indicate that Lake Victoria was a key place • Lake Victoria has a remarkable late on routes along the Murray and Darling Holocene sedimentary and archaeological River: traditional Aboriginal mythological sequence, with the potential to provide storylines, Aboriginal social and trade understanding of the Aboriginal economy routes up and down the rivers, European over the last 10 000 years and especially routes of exploration and pastoral the last 2 000 years. expansion, and later routes of • Lake Victoria lies at a cultural and communication by river, road and 21 environmental boundary between the river telegraph. Lake Victoria has the potential and the semi-arid country, and has the to provide information about regional and potential to show how Aboriginal land-use national history. changed at the boundary between riverine •An understanding of the impact of erosion and semi-arid environments. on cultural heritage at Lake Victoria will • Lake Victoria is part of the lower Murray produce information that can help protect cultural area characterised by large other places where there are wind and cemeteries. It is unique in that the whole water impacts on cultural heritage. life of the community is preserved, the •The conservation works at Lake Victoria places where people lived as well as their are the largest ever undertaken for burial grounds. It has the potential to Aboriginal heritage site protection in demonstrate when semi-permanent life Australia. The lessons learnt here about the along the Murray and the use of best ways to protect heritage will benefit permanent burial grounds began. other places. •The shores of the Willandra Lakes long Economic values ago may have been very similar to Lake •The water of the Lake is important to Victoria in the recent past before the Lake human life support. The regulation of the regulation. Lake Victoria may be able to Lake as part of the management of water provide a parallel to the way people lived at in the Murray–Darling Basin, contributes the Willandra Lakes 30 000 years ago. to the provision of a reliable water supply • Lake Victoria has a remarkable density and to communities upstream and downstream variety of stone artefacts compared to other of Lake Victoria and has underwritten the places on the Murray; the local area may growth of communities and agricultural have been an important raw material development in regions along the River source. Murray for the past seventy years.

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• The economic value of Lake Victoria as a water. Attempts at closer settlement in the late water storage varies as a result of the 19th century aggravated the situation. Erosion of climate; in drought years it is Aboriginal burials predates the regulation of the indispensable; in normal, average or wet Lake, with observations back to the 1850s. Salt years, its value as a water storage, while still has long been recognised as a problem around important, is lessened. It continues to Lake Victoria, with historic records dating back provide value in terms of re-regulation of to 1887. Salinity control works were initiated water, providing dilution flows following a near Lake Victoria in the 1970s, and the Rufus flood if needed; and managing salinity in River Interception Scheme was completed in surface waters as well as in the 1983. groundwater. Lake Victoria in its pre-regulation state would 2.4 Factors Affecting have fluctuated with the changes in the River Heritage Murray. The Murray and Darling Rivers are characterised by very irregular flows, ranging Historic and Current Impacts on from high floods to periods when, before the Lakeshore regulation, the rivers ceased flowing altogether for months at a time. Under natural conditions, All landscapes change and evolve over the long- flows in the Murray generally peaked in spring term, but a Lake shoreline by its very nature is and then rapidly declined to low levels in dynamic—it changes on a very short time scale summer and autumn. However, the Murray and as a result of natural forces. Sand and clays are Darling flows were extremely variable, so in carried into the Lake by the inlet channels and drought years no water may have reached the gully erosion, and are repeatedly deposited, Lake. eroded and shifted depending on the state of the The River and Lake regulation altered the Lake and the weather. Human actions can natural pattern of spring peaks and summer lows contribute to this, for example, by regulating the by the storage of winter and spring floods to water levels in the Lake or adding or changing enable water to be released to meet irrigation other factors, such as increasing impact on the and other demands during dry periods. The Lakeshore by introducing grazing animals. effect has been to lower the average flow peaks Natural processes of water and wave action have and to spread them out over a longer time, i.e. affected Lake Victoria throughout its history. It into summer. is part of the riverine landscape which has been The season of high Lake levels, late winter to constructed over millions of years by a early summer, remained the same in the combination of deposition and erosion. There is regulated system, but the natural flood peaks some evidence that there has been substantial would have been of much shorter duration. soil instability in the past, particularly in the last The effect of the regulation of Lake Victoria was 1 000 years. to move the zone of fluctuation to a higher level, For at least 70 years prior to the Lake regulation, with the water level above the former highest natural erosion was exacerbated by European flood level of about 25.5 metres for 50% of the land-use. The overlanders moving large herds time. Cliffing, erosion and redeposition have along narrow corridors close to the rivers were occurred at various locations around the Lake as followed by the pastoralists. While the back the shoreline has adjusted to the new regime. country of Lake Victoria was never heavily The most obvious signs are the exposure of old stocked because of lack of water, the Murray soils, the lag of artefacts on the surface and frontage and the areas around the Lake were exposed roots of the dead river red gums around 22 under pressure because of the easy access to the Lakeshore.

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Moreover, the water level stayed at the maximum Management Zones level of 27 metres for much longer periods, On the basis of the wave modelling, and altogether 45% of the time. The natural monitoring and observations since 1994, the shoreline vegetation was discouraged, so that Lakeshore has been divided into a number of when the Lake was lower, large expanses of bare Management Zones (these are based on the ground were exposed to the wind. The Threat Zones defined in the EIS). Several of the combination of wind and water uncovered old original Threat Zones have been subdivided into soil layers containing heritage material. However, a number of Management Zones. the amount of erosion is quite variable around the Lake, and some places where most heritage Figures 8 and 9 show the location of the material survives have probably been eroded Management Zones. Table 2 summarises the least. heritage in each zone and the main factors that have impacted on the heritage at the time the Assessment of Impacts on Consent was issued. The impacts listed at Table 2 Heritage Significance were recorded as at 1998 and it is recognised The factors that affect the cultural landscape of that these may change over the period of the Lake Victoria include: Consent, as actions in this Plan are undertaken by SA Water, and in some cases (especially in • natural environmental processes both before relation to stock impacts) where landholders and after Lake regulation, including wind and have adjusted their management practices. Some wave action; factors, such as the length of inundation, are not •european land-use, including pastoral included in this table, because they primarily 23 activities, forestry, fences and roads; influence the location and length of the impact • introduced feral animals and weeds; of wind, waves and other factors. The Priority Areas identify the places within each Zone where • the original construction of the regulation the most significant heritage is found and/or structures in the 1920s; where the heritage is under greatest threat. • the subsequent maintenance of the regulation structures; •artificially raised Lake levels; • salinity; and •removal of heritage material. The EIS included an analysis of the modelling of wave impact on the Lakeshore at different water levels. The depth at which waves break is controlled by wind speed and fetch (the distance the wind travels across water). The position, extent and intensity of impact of breaking waves depends on the Lake level, wind speed and gradient of the beach. Subsequent monitoring of the Lakeshore suggests that the amount of sediment available is a factor determining whether wave impact will actually erode heritage material on the beach or dump sediment on it. The EIS did not model the impact on wind on the beach at times of low Lake level, but this is a significant factor in sediment movement on the shore.

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Figure 8: Management Zones, Lake Perimeter (PS is a Perimeter Survey Marker)

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Figure 9: Management Zones, Southern Lakeshore

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Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:34 AM Page 26 ne below 27m; gullies above ne below rial areas at 1PS and 4PS; old rial areas in cliff at 15PS. rial area d soils with cultural material ld soils with burials and other one. Bu with potential for soil exposures burials. Bu No 27 m. O cultural material along entire z Ol zone. along entire low wave and wind impact, low stock and wind impact, low wave low of and wind impact, a zone wave low IMPACTS ON HERITAGEIMPACTS PRIORITY AREAS

gh wave and wind impact, high stock gh wave ry ry igh wind and wave impact, extremely igh wind and wave Low wind and wave impact, high stock Low traffic, both deposition and erosion from the the deep gullies above outwash from Lakeshore. Ve from traffic, deposition and erosion the the deep gullies above outwash from Lakeshore. Ve and action. Stock sand deposition by wave high. Outwash feral goat traffic extremely gullying across beach due to overgrazing vehicles. 27 m. Off-road above H high stock and feral goat traffic, salt on beach. Hi traffic. HERITAGE original: burials in cliff, small areas of hearths, small areas original: burials in cliff, istoric: sand catchers, campsites. beach. istoric: old hotel site above istoric: telegraph posts, old stockyard. istoric: pastoral sites, telegraph posts. boriginal: burials, small areas of hearth, shell boriginal: burials, small areas boriginal: none on beach, old soils exposed in dense boriginal: burials on beach and in cliff, boriginal: dense shell middens and stone artefacts egetation: dominated by weeds. weeds. egetation: dominated by egetation: dense dead trees. on beach, mostly dead trees egetation: scattered last sand over bare egetation: beach has remained at gum regrowth red egetation: small wetland, A midden, stone artefacts. H V Ab old fence shell midden, stone artefacts. Historic: lines, campsites, logged trees. V A gullies. H V bare. A shell middens and stone artefacts in old soils, some shell midden in cliff. H V four years. A sequence of Aboriginal in old soils. Oldest occupation (7 000 years). H V some sedge at south. 27 m, beach mainly bare, ONE Z h-western Beach h-western thern Beach thern Beach th-eastern 26 rt r r outh-western Beach outh-western able 2: MANAGEMENT ZONES (Impacts assessed at the beginning of Consent period) (Impacts ZONES able 2: MANAGEMENT S No No No Beach Eastern T

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:34 AM Page 27 PRIORITY AREAS ntire Barrier. Barrier. ntire sland as a whole, cliff to north slands as a whole. Cliff burials. E I of island. I and wind impact moderate, stock

IMPACTS ON HERITAGE IMPACTS

ve 27 oderate to high wave and wind impact oderate to high wave and wind impact, moderate oderate wave Wa traffic moderate, Talgarry Barrier protects Barrier Talgarry traffic moderate, this beach but also blocks the build-up of sand along the cliff. M minimal stock traffic, along Barrier), (varies rabbits. M stock traffic, rabbits. and wind impact, to moderate wave Low no stock traffic, pig impact at times. High and emu numbers. kangaroo HERITAGE storic: none. storic: none. istoric: house site ‘Tara’, assoc. exotic trees. trees. assoc. exotic istoric: house site ‘Tara’, bridge, historic material. istoric: Nanya ecko, shell midden, hearths and stone artefacts. boriginal: none on beach, some burials in cliff. boriginal: none on beach, some burials in cliff. boriginal: stratified old soils (500–5 000 years) shell middens on island, beach boriginal: Burials, and on Nanya boriginal: major burial grounds egetation: red gum regrowth at 27 m, well- gum regrowth egetation: red bare has remained of Barrier egetation: core on island, some bare egetation: some vegetation woodland egetation: established post-regulation A Hi V established sedge tussocks on beach. A contain burials, shell midden, stone artefacts. 60+ burials protected. Hi V red of regrowth small area last 4 years, over ground established sedge at southern end. gum, well A and cliff to north. H V sedge tussocks on beach. areas, A G H V and sedge tussocks. on islands. Reeds ONE Z lgarry Barrier estern Frenchmans estern outh-eastern Beach outh-eastern nake Island slands: Nanya and Gecko slands: Nanya able 2: MANAGEMENT ZONES (Impacts assessed at the beginning of Consent period) (Impacts ZONES able 2: MANAGEMENT S Ta S W I T

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enchmans Creek banks – low enchmans Creek one as a whole. slands as a whole. I Z No of cultural heritage material. Fr priority areas. IMPACTS ON HERITAGEIMPACTS PRIORITY AREAS wave or wind impact, scouring and

ufus, pig impact at times, high kangaroo deposition by water currents, low stock low water currents, deposition by and emu traffic, pigs, high kangaroo numbers. Low to moderate wave and wind impact, to moderate wave Low no stock traffic, pig impact at times. High and emu numbers. kangaroo and wind impact, scouring wave Low deposition along channels, no stock traffic pig impact bank of Rufus, on west except and emu numbers. at times, high kangaroo and wind impact, to moderate wave Low side of on west no stock traffic except R and emu numbers. No HERITAGE storic: none. istoric: overlanders’ route, ferries, bridges, wave route, istoric: overlanders’ istoric: occasional bottles. embankments, workers’ regulator, istoric: control boriginal: major burial ground on Moon Island, on Moon boriginal: major burial ground burial grounds, Massacre, River boriginal: Rufus boriginal: occasional stone artefacts. some hearths,boriginal: one burial protected, egetation: established post-regulation woodland egetation: established post-regulation banks. egetation: sparse annuals along levee egetation: grasses and sedges, occasional lignum, of rushes. egetation: grasses on floodplain, areas ecent regrowth red gum seedlings in places red ecent regrowth A shell on East Moon, smaller burial grounds midden, hearths and stone artefacts. Hi V and sedge tussocks. on islands, reeds A dense shell middens, hearths, stone artefacts especially grindstones. H camps. workers’ break, V A H V r Channel. including eastern side of Inlet A shell middens, stone artefacts. H camps. V ONE Z enchmans Creek from enchmans Creek

28 lake bed outhern lake bed outhern slands: Yelobelly, Moon slands: Yelobelly, able 2: MANAGEMENT ZONES (Impacts assessed at the beginning of Consent period) (Impacts ZONES able 2: MANAGEMENT Eastern Frenchmans Eastern I and East Moon S channels: banks of Rufus up to and Frenchmans natural 150 m from edge. water’s S floodplain Fr Bridge Regulator Control to Scaddings Bridge, 27 m and between below embankments T

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Management Requirements vegetation is a priority, given its role in the cultural landscape significance. On the basis of the Statement of Significance and the identification of Priority Areas, the The purpose of conservation management of the following list summarises the heritage cultural landscape is to conserve heritage values. significance relative to impacts and needs. The following is a brief summary of some important issues that need consideration. •The most significant cultural heritage at Lake Victoria is the Aboriginal burials. Existing •The cultural landscape of Lake Victoria is the protection works and areas with potential for sum total of all the components of the future exposure of burials will be the first cultural and natural landscape including all priority for management decisions. human induced changes to the landscape. However, some of these cultural changes have • The southern lake bed is the area of greatest been detrimental to other important heritage cultural significance as it combines the most values. In particular, the recent and most important aspects of social, aesthetic and conspicuous change brought about by historic significance as well being the most Europeans, the regulation of the Lake, has complex area of the cultural landscape. had a damaging effect on the physical cultural • The Management Zones within the southern heritage such as the burials, and other lake bed with the most significant material Aboriginal cultural material. cultural heritage are the Frenchmans Islands • The original heritage value of some aspects of and the banks of the Rufus River and the landscape, notably the vegetation, has Frenchmans Creek. been totally lost. In fact, it is not possible to 29 •Talgarry Barrier and Snake Island are assess what the original natural heritage value identified as the next most significant might have been (in terms of biodiversity, Management Zones for cultural heritage. uniqueness etc.) because of the degree of •The southern lake bed floodplain is less disturbance. So it is not possible to conserve significant because it contains little material any natural heritage value of the vegetation cultural heritage, but it is important for because of the loss of integrity. aesthetic perceptions. •Aboriginal people have expressed their desire •Management decisions based on a particular for better environmental management of the section of the lake bed may or may not Lakeshore, so that the shore is vegetated at impact on other parts of the shore. Policies low water levels rather than bare, and in order developed on the basis of a particular to encourage native wildlife. The vegetation, management zone must be reviewed in terms however, can never return to what it was of their effect elsewhere. before regulation, or for that matter, before the arrival of Europeans. The desire for •The long-term stability of the existing improved environmental management is a protection works is a priority, so vegetation of social value, but not specifically a heritage the nourished sand of the protection works value (since heritage is those aspects of the must be encouraged to stabilise the protection past that we value and wish to keep). It is a works. desire for improved environmental amenity •One of the primary ways to protect the which is shared by Aboriginal and non- cultural heritage material is to stabilise the Aboriginal people. soil. This is best achieved by operating the • The policy direction of the Plan of Lake in a way that will promote revegetation Management is to reduce the physical impact where possible. of natural processes (aggravated by the Lake •Maintenance and expansion of the existing regulation) on cultural heritage by stabilising

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the Lakeshore. The identified method of old soils containing burials may be wave or wind stabilising the shore is through encouraging action, but the underlying cause may be the vegetation. This accords with the desire for churns and loosening of the surface by trampling improved environmental management. by stock or feral animals. This impact may be For the Cultural Landscape Plan of Management aggravated by surface salinity which makes the to be effective, it will be necessary to acquire an surface soft and spongy rather than hard and understanding of the dynamics of the resistant. Removing the trampling pressure will environment of the Lakeshore in order to help, but the soft salinised surface will still be develop appropriate and feasible physical more vulnerable to wind action. Raising the methods for stabilising priority areas where Lake would wash out some of the salt, but necessary for the conservation of cultural and would add wave impact. natural significance. Lake Victoria is situated in a Changing some or all of these factors will have semi-arid environment, where erosion is the an effect on potential revegetation which will dominant natural process under the current then enter the equation as another factor in climatic regime. A Lakeshore anywhere is a causing/minimising erosion. For example, dynamic and evolving geomorphological grazing pressure on vegetation and direct environment, and is influenced by a wide range trampling by stock and feral animals loosens up of interacting factors, only some of which are the ground surface and makes it more vulnerable amenable to human control. These include: to the impact of waves, wind, rain and run-off. • the nature of the underlying geology and Some processes (vehicle tracks, construction, geomorphology; gullying run-off ) have a heavy localised impact, others (wind, waves) have a broad-scale impact. • the regional climate; Some of these processes can be managed and •the physical processes of weather and of controlled. The impact of waves on specific areas alluvial, fluvial, lacustrine and littoral can be changed by manipulating the regulation processes; of the Lake. Vehicle and human traffic and the • salinisation of the Lakeshore; way management, research and protection works • the effect of human intervention on the latter are carried out can be controlled. through historic changes in land usage around The management of the Lakeshore can include the Lake and the historic regulation of the an input into controlling other factors through River and Lake system; negotiating with landholders and other •the changed hydrological regime; government agencies about the management of grazing, fencing, feral and native control on the • the nature of the Lakeshore vegetation and Lakeshore. However, to minimise many of these the long-term history of post-European erosional factors on the Lakeshore requires major impacts on it; changes in the management of the overgrazed • the impacts of stock, feral animals and native lands outside the Lakeshore, and control of feral species on both the Lakeshore sediments and and native animals at a regional level. vegetation; and Finally, the Plan of Management cannot control • human activities on the Lakeshore, including some factors, in particular the weather, and foot traffic, vehicles, construction of pipelines extreme climatic events. Historic evidence shows and fences, and also protection actions. that the Lakeshore was an unstable environment The processes of erosion at Lake Victoria are both before Europeans arrived and before the complex and interlinked. For example, it may be Lake was regulated. Even if all potentially 30 obvious that at a particular locality on the controllable processes were managed, erosion Lakeshore, the immediate cause of erosion of the would continue.

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Further, there will be a lag in environmental response to any management actions of years or even decades, and it may be difficult to predict whether some actions have a good or bad effect in the long-term. For example, even if grazing pressure on the lands above the Lakeshore were totally removed, the effects of past management practices would persist. Run-off from the existing gullies would continue to erode the Lakeshore, and cliffs eroded by past high water levels would continue to collapse until a stable configuration was reached.

31

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PART 3: THE CONSENT Overview of the s90 Consent CONDITIONS The full text of the Consent, including the 3.1 Introduction conditions, is located at Appendix 1. NPWS has identified the establishment of native Legislative Framework vegetation on the Lake’s foreshore and littoral zone as the fundamental strategy in the Consent In NSW, the protection of Aboriginal relics is to minimise the risk and extent of future impact the responsibility of the Director-General of on the Aboriginal heritage material at Lake National Parks and Wildlife, under the National Victoria or to the foreshore of the Lake as an Parks and Wildlife Act (1974). Historic relics are Aboriginal place. The underlying rationale for the responsibility of the Heritage Office of the this is that the vegetation will reduce the rate of Department of Urban Affairs and Planning, erosion by stabilising the soil. To establish and under the Heritage Act (1977). maintain vegetation on the foreshore will require In 1997–8 the MDBC prepared an EIS on the changes to the operational practices at Lake impact of operating Lake Victoria above 23.6 m. Victoria, therefore negotiation of an altered Developmental consent under Part 4 of the operating strategy is an important enabling Environmental Planning and Assessment Act strategy. (1979) was not required to raise the level of the The Consent has been issued for a period of Lake above 23.6 m. However, a s87 Permit and a eight years from 27 August 1998 to 27 August s90 Consent from the Director-General of the 2006. It governs interim actions required prior NPWS were required. S87 and s90 deal to the implementation of this Plan of exclusively with Aboriginal relics. When 33 Management, as well as the actions which the determining the application for the permit and Plan must cover. A formal review will be consent, the Director-General was obliged to conducted in 2005 and consideration given to a comply with environmental assessment subsequent Consent. The Consent Conditions requirements under Part 5 of the Environmental include a significant monitoring requirement so Planning and Assessment Act (1979). that changes in the environment can be The Director-General issued a s87 Permit and a measured and assessed in the conduct of this s90 Consent to the MDBC on 27 August 1998. review. The Consent was qualified by conditions relating The Consent Conditions can be broadly divided to the management of the Lake, the cultural into the following categories: heritage, the environment and the River Murray. The preparation of the Lake Victoria Cultural • conditions which relate to the interim Landscape Plan of Management for the operation of Lake Victoria prior to the Lakeshore of Lake Victoria is a requirement of implementation of the Plan of Management; the conditions of the s90 Consent. • conditions which relate to the development, The Aboriginal heritage of Lake Victoria also approval and geographical scope of the Plan comes under the jurisdiction of the of Management, but do not require any Commonwealth Minister for the Environment, actions within the Plan; through the Aboriginal and Torres Strait Islander • conditions which require specific actions Heritage Protection Act (1984). In 1997 two s10 which must be included in the Plan of applications were made to the Minister from two Management; and Aboriginal organisations. These have yet to be • conditions which govern the way the Consent determined, and will be addressed after the New is administered and aspects of the Plan are South Wales State process is completed and the implemented. Director-General NPWS approves the Lake Victoria Cultural Landscape Plan of Management.

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Adaptive Management Objective of the Plan of A key principle of the Consent and the Plan of Management Management is adaptive management. The The objective of this Plan is to: Consent Conditions will remain in place for the monitor and manage the impact of the life of the Consent, however, as time passes, new operation of Lake Victoria as a water storage on information may become available from the Lake environment, and on its cultural and monitoring, conditions at the Lake may change natural heritage values. as a result of specific strategies undertaken as part of the Plan, and different issues may How to Read Part 3 of the Plan of become important to stakeholders. Management Management processes must be capable of adapting to meet There are significant areas of overlap between such changes. This is reflected in Figure 2 which some of the Consent Conditions which means it shows the planning process for this Plan of is not possible to present them in the Plan in a Management. simple sequential order. In addition, for some However, any changes to management practices Conditions the strategies and action plans are will only be made after a structured review, and straightforward and simple, while for others, a after due and thorough consideration of all the lot more detail is required. This Plan addresses information available. This is important to all of the Consent Conditions in the following ensure the most thorough consideration of the way: full range of possible or foreseeable consequences • Section 3.2 will present the Conditions that of any proposed change to management require specific actions that must be included practices. It also ensures that the management of in the Plan of Management. Section 3.2 Lake Victoria is approached as a system in which contains a table that lists each Consent the various aspects, such as cultural heritage and Condition in this category, its objective, and the natural environment, are related. the strategies and action plans that the Intellectual Property MDBC will implement to address the Condition. Some of these are self-explanatory, The Plan of Management respects the and others need further amplification. The intellectual property rights of the Barkindji Conditions that require further amplification people with respect to Aboriginal cultural will be the topic of a specific section as heritage at Lake Victoria. The Consent and the described below. Plan of Management recognise that reports or publications associated with Lake Victoria may • Section 3.3 will address Consent be sensitive. Culturally sensitive information is Condition 1—Lake Victoria Advisory to be managed in consideration of the wishes of Committee and Community Relations. its owners (the Barkindji People). Any reports or • Section 3.4 will address Consent publications containing cultural information will Conditions 8 and 16—which deal with be referred to the Barkindji Elders Committee revegetation and Lake operations, and has prior to its release and their advice sought been titled Strategies for Cultural Heritage regarding distribution of the information. Conservation. • Section 3.5 will address Consent Conditions 9 to 15, which deal with Research and Monitoring. • Section 3.6 will address Consent Condition 34 18—Actions outside the area of the Lake.

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• Section 3.7 will address the arrangements for 3.2 Consent Conditions, management and implementation of the Plan Objectives, Strategies of Management. This Section covers all of the and Action Plans Consent Conditions that govern the way the Consent is to be administered and aspects of Relationship between Consent the Plan are implemented. Some of these Conditions, Strategies and Action Conditions are also addressed in other Plans Sections. Figure 10 shows the relationship between the •Protocols—This section contains the Consent Condition, strategies and action plans. Protocols that have already been developed in Each Consent Condition has been analysed in support of this Plan. Future additions will order to determine its intended objective. This include protocols and briefing packages which has then been used to develop the strategies and have been identified in action plans, but action plans that will meet the Consent which have not yet been developed. It is also Condition. A strategy is a broad statement of recognised that other requirements for what will be done to address the Consent codification of procedures may be identified Condition, while an action plan is a more in the future. If this occurs, any new protocol detailed description of how the strategy will be developed will be added to this section. implemented. There may be more than one strategy for each Consent Condition, and more than one action plan for each strategy. Table 3 lists the Consent Conditions, objectives, strategies and action plans for the Consent 35 Conditions that are included in this Plan of Management.

Figure 10: Relationship between the Consent Conditions, Strategies and Action Plans

Fixed for life of Consent Evolving over life of Consent

Ongoing Review Feedback and Adaptive Management

Consent Conditions

Action Plans Objectives Strategy Action Plans

End of Consent Period Reconsideration of Consent Conditions Formal Review Process

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Criteria for Action Plans analysis of the information available. Any action plans should meet the following Information from the strategies and action plans criteria: must not be used in an ad-hoc manner as the cause and effect of changes needs to considered •they should follow the objective of the as part of a rigorous review. Consent Condition and, where applicable, be developed from the statement of significance Formal Review Process and aim at retaining or enhancing all the The MDBC will establish and resource a Review elements of the place’s heritage significance; Panel, which will consider any proposed changes • they should deal in a realistic way with the to management practices. The composition of constraints imposed by the physical nature of the Review Panel is outlined in Section 3.5. Any the place, by costs and by technical problems; proposal to change management practices which • any physical intervention should have the may affect the cultural heritage or natural minimum aesthetic impact on the place; environment at Lake Victoria should be raised • as a general rule, the least possible physical formally at an LVAC meeting, with reasons and intervention is the best; if possible, supporting evidence such as monitoring results. The LVAC will discuss the •provision should be made for ongoing, long- proposal and make a recommendation. term management of the place. The proposal will be referred to the Review Life of Consent Condition, Strategy Panel. Further investigation may be required and Action Plans before the Review Panel can undertake full The Consent Conditions are fixed for the life of consideration of the change. the current Consent. In contrast to this, the The range of issues the Review Panel will strategies and action plans are flexible and may consider includes, but is not limited to the evolve or be changed during the life of the following: Consent because they may have a specific time • whether the change is consistent with the frame, or may be designed to gather or respond Consent Conditions and this Plan of to new information or to carry out certain Management; works. As each strategy or action plan is completed it may be replaced or followed by • all possible effects on cultural heritage and another developed under the existing Consent natural environment at Lake Victoria; Conditions. • if applicable, environmental effects outside of the Lake Victoria area; Ongoing Review • effects on all stakeholders at Lake Victoria; Ongoing review of the action plans will ensure • effects on water resources; that the management practices can be adapted if required, as further information comes to light • the best means of implementing such a or if a particular strategy or action plan is change, any liaison or preparatory actions completed. Information produced from the required prior to implementation. strategies and action plans may also feedback The Review Panel may seek additional specialist into a more formal review of the assessment of advice if required and will consult as appropriate the heritage significance and the threats to the with NPWS, DLWC, MDBC and SA Water. heritage significance as well as the The final decision will be made by the MDBC, reconsideration of the Consent Conditions at the taking into account all of the information end of the current Consent period. 36 considered. Once a decision has been made, it Importantly, changes to strategies, action plans will be explained in full to the LVAC and any or management practices will only be made in a other interested stakeholders before being structured review and after due and thorough implemented.

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:35 AM Page 37 how to do it how CTIONS— A coordinator for the BEC will be jointly funded by coordinator understandable form, including technical advice. information. issue and the background other committee members to ask questions or clarify including access to unsure, matters about which they are relevant. technical experts where community. Aboriginal broader community consultation. onsultation must meet the following standards: onsultation must meet the following

– all necessary information about an issue is provided in an all necessary– information about an issue is provided for full consideration of the sufficient time is allowed – for the elders and sufficient opportunity is provided – for elders to consult with the sufficient time is allowed – for meaningful provided support and facilities are – issues as they arise. – consultation includes all relevant The LVAC will meet twice a year or on an "as needs" basis. will meet twice a year The LVAC will be adequately resourced. The LVAC NPWS and MDBC. Land Council and the Local Aboriginal The Dareton in all Land Council will be involved NSW State processes. consultative The Barkindji Elders Committee (BEC) will establish a Elders The Barkindji the of meetings or consultations between program informed advice is to ensure meetings of the LVAC provided. • •C • • • •A

37 what to do STRATEGIES— about the appropriate management of cultural community. and broader Aboriginal

AC AC presentatives on the LVAC to provide informed advice to to provide on the LVAC presentatives onsult with the local Aboriginal community through the onsult with the local Aboriginal manner with the ommunicate in a culturally appropriate nsure that the LVAC gives a major voice to Aboriginal a major voice gives that the LVAC nsure community ncourage and support Aboriginal elders with traditional and historic affiliations the Lake. LV heritage at the Lake. re community. Aboriginal the broader LV •E •C •E •C Consent Condition 1—Lake Victoria Advisory Committee (LVAC) and Community Relations Victoria Advisory Committee (LVAC) Consent Condition 1—Lake why do it communicate in an effective ensure that there is a formal role that there ensure OBJECTIVE—

boriginal community. ble 3: Consent Conditions, Objectives, Strategies and Action Plans and Action Strategies ble 3: Consent Conditions, Objectives, manner with the LVAC and the manner with the LVAC A Objective 1 Objective To community in for the Aboriginal decision-making on cultural and natural heritage management at the Lake. 2 Objective To Ta

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:35 AM Page 38 how to do it how CTIONS— A seum and AIATSIS, while respecting the intellectual while respecting seum and AIATSIS, vide on-site interpretive information as appropriate. vide on-site interpretive ake available information about the significance of Lake ake available oduce a newsletter describing activities at the Lake on an eep the BEC advised of employment opportunities. eep the BEC advised of employment ictoria to the broader public through appropriate media appropriate public through ictoria to the broader boriginal community in training programs relevant to relevant boriginal community in training programs ncourage participation of members the local catchment management boards, that landowners, nsure is with that any cultural information to be released nsure ro r orward copies of any publication to the Australian f appropriate, and subject to the approval of the BEC, and subject to the approval f appropriate, (Note: this is included in the Protocol Section of this Plan) Section this is included in the Protocol (Note: Establish an Employment Protocol to simplify project Protocol Establish an Employment community. for the local Aboriginal specific employment A cultural and natural heritage activities. on represented are groups water users and other relevant the LVAC. will send a bi-monthly newsletter to LVAC Water SA Victoria. adjacent to Lake members and all landowners of the BEC. the approval V (books, posters, video). to the general reports copies of relevant make available public. Mu people. property rights of the Barkindji as-needs basis. •K • •E •E • •E •M •P •I •F •P what to do STRATEGIES— nsure local Aboriginal community members are given the given community members are local Aboriginal nsure activities at of current aware that stakeholders are nsure upport community representation on the LVAC. upport community representation mprove public appreciation and understanding of the public appreciation mprove and understanding of the role public appreciation mprove the stakeholders communication between mprove opportunity to be employed on cultural and natural opportunity to be employed heritage activities. the Lake. Victoria. of Lake cultural values in in the management of water resources Victoria of Lake Basin. the Murray–Darling Victoria. associated with Lake •E •S •E •I •I •I why do it Consent Condition 1—Lake Victoria Advisory Committee (LVAC) and Community Relations—continued Victoria Advisory Committee (LVAC) Consent Condition 1—Lake OBJECTIVE— communicate with the broader ensure that the local Aboriginal ensure

38 Plans and Action Strategies ble 3: Consent Conditions, Objectives, Objective 3 Objective To where community is involved opportunities exist in cultural and natural heritage management works at the Lake. 4 Objective To of the diversity community regarding Victoria, in Lake involved interests particularly the cultural heritage significance of the Lake and role in water Victoria of Lake management. Ta

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:35 AM Page 39 how to do it how CTIONS— A eptember each year for review and comment; for review eptember each year epare an Annual Report according to the following according an Annual Report epare rganise a presentation of the Annual Report to the of the Annual Report rganise a presentation S each year. the end of October NPWS by months; in the cultural and natural heritage which have occurred 12 months; previous for the next 12 months; heritage proposed of Management; monitoring activities undertaken during the year; of Management; implementation of the Plan NPWS; and of Management. from the Plan derived plans which are r – present the draft report to the LVAC by the end of by to the LVAC the draft report present – comments, to with the LVAC's submit the final report, – 12 of the Lake operations for previous a report – a summary to the management of – of activities related a summary to cultural and natural – of activities related the Consent Conditions; by required all reporting – Landscape Plan by the Cultural prescribed all reporting – surveysummary and from all research, – results in the the names and qualifications of people involved – of the Director-General by any other matter requested – changes to the operating regarding any recommendations – timetable: will contain: The Annual Report LVAC. • •O •P

39 what to do Consent Condition 5—Reporting Processes Consent Condition 5—Reporting STRATEGIES— vide a public, oral presentation of the Annual Report to of the Annual Report vide a public, oral presentation epare a written Annual Report. epare r ro stakeholders. •P •P why do it tive 1 tive OBJECTIVE— communicate to the community, ensure compliance with Consent ensure conditions, and actions at assist in coordinating with other planning Victoria Lake in adjoining areas. processes

eneral of NPWS information ble 3: Consent Conditions, Objectives, Strategies and Action Plans and Action Strategies ble 3: Consent Conditions, Objectives, all stakeholders and to the Director- G to the about activities relating management of the cultural and to: natural heritage in order • • Objec To Ta

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:35 AM Page 40 how to do it how CTIONS— A lan) vide on-site interpretative information as appropriate. vide on-site interpretative signage. vide appropriate er activities at the Lake, such as NSW Waterways, NSW Waterways, er activities at the Lake, such as NSW otocol Section of this Plan) otocol Section (Note: this is included in the Protocol Section of this Section this is included in the Protocol (Note: P evelop a Code of Conduct to be used when undertakingevelop a briefing package for first-time visitors. evelop onsult with other government agencies with jurisdiction onsult with other government stablish an Access Protocol which includes a series of Protocol stablish an Access imit recreational use to selected areas as agreed by the by as agreed use to selected areas imit recreational imit vehicle access to the lake bed. ro ro isheries, to determine how to limit activities which may isheries, to determine how ection of this Plan) – elders on the LVAC; – people; – Aboriginal – local landowners; – educational groups; projects; – research activities; and recreation – agency employees. – government ov F be detrimental to cultural heritage. protocols for the following people or activities: for the following protocols at the Lake. work Code of Conduct is included in the Protocol (Note: S still to be developed, and will included in the (Note: Pr LVAC. •P •C •E •D •D •L •L •P what to do STRATEGIES— Consent Condition 6—Communication and Access Strategy anage access to Lake Victoria. anage access to Lake mprove public appreciation and understanding of the public appreciation mprove and understanding of the role public appreciation mprove cultural values of Lake Victoria. of Lake cultural values in in the management of water resources Victoria of Lake Basin. the Murray–Darling •M •I •I why do it tive 1 tive OBJECTIVE— safeguard the cultural heritage safeguard

lues of Lake Victoria. lues of Lake

40 Plans and Action Strategies ble 3: Consent Conditions, Objectives, va Objec To Ta

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:35 AM Page 41 how to do it how CTIONS— A anage physical impacts by: in each management zone. operation scenarios. water supply. areas. to eliminate stock impacts on sensitive evelop guidelines for the relationship between Lake levels between guidelines for the relationship evelop quirements of existing vegetation with high amenity of existing vegetation quirements eviewing the outcomes by: esearch and Monitoring Policies and Monitoring esearch dapting the management regime in accordance with the in accordance dapting the management regime nsure that Lake operations take into consideration the nsure alues. – identifying key species to maximise soil stabilisation. – identifying vegetation capacity/capability of the shoreline – of key species. identifying ecological requirements – to a range of Lake response modelling vegetation – assessing implications of Lake operation scenarios on – minimising the time Lake is held at any one level. – program. implementing a feral animal control – the Lakeshore a stock water supply away from providing – and as, required. if, areas sensitive Fence – – monitoring vegetation response. monitoring vegetation – and vegetation response by: response and vegetation R re v •D •M •R •A •E

41 what to do STRATEGIES— Consent Condition 8—Strategies for Revegetation for Revegetation Consent Condition 8—Strategies anage Lake levels to minimise erosion/physical impacts. anage Lake levels aintain and enhance the natural amenity of ccept the trade-offs between vegetation enhancement and vegetation ccept the trade-offs between xpand the vegetative cover in priority areas to stabilise the in priority areas cover xpand the vegetative liminate the impacts of stock grazing on natural and stock. sites by liminate trampling of sensitive Lakeshore. water conservation. cultural heritage. as part of the site. of the cultural heritage value Lakeshore •E •M •A •E •E •M why do it tive 1 tive 2 tive OBJECTIVE— inimise the physical impacts of ecognise the amenity value of the ecognise the amenity value ble 3: Consent Conditions, Objectives, Strategies and Action Plans and Action Strategies ble 3: Consent Conditions, Objectives, Objec M Lake operation on the Lakeshore of the the value while recognising management Lake in water resource Basin. in the Murray–Darling Objec R Lakeshore. Ta

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:35 AM Page 42 how to do it how CTIONS— A anagement Plan. local Aboriginal community. local Aboriginal M management outcomes. ll research plans and activities are to be reviewed for to be reviewed plans and activities are ll research legal permits, the relevant must have projects ll research nsure that the BEC is consulted regarding any research that the BEC is consulted regarding nsure ecommendation by the LVAC before being implemented. before the LVAC ecommendation by – the need for research. of the research. – the objectives methodology. – the proposed with the consultation process the detail of proposed – of the to the objectives of the research the relationship – and incorporated into will be reported the results how – proposal which involves cultural heritage. which involves proposal undertaken work at the Lake or investigative Any research which will Plan will be conducted under a Research contain the following: r of the BEC. and the approval of the research the results will review Panel The Review activities, including the monitoring program. •E • •A •A • what to do Consent Condition 9—Research Activities Consent Condition 9—Research STRATEGIES— the Review Panel and agreed by the Lake Victoria the Lake by and agreed Panel the Review

dvisory Committee, NPWS and MDBC. nsure that research activities are consistent with the aim activities are that research nsure changes in management practices or proposed nsure mplement monitoring programs to assess impacts on of adapting management decisions to minimise the impacts on natural and cultural heritage. natural and cultural heritage values. with expertise in cultural heritage Panel Establish a Review significance, cultural heritage protection, natural water supply geomorphology, assessment, biology, salinity. operations and groundwater considered outcomes are research from guidelines resulting by A •E •I • •E why do it tive 1 tive OBJECTIVE— understand the relationship

42 Plans and Action Strategies ble 3: Consent Conditions, Objectives, (interaction) between environmental (interaction) between Lake operations and processes, impacts on cultural and natural to improve heritage in order management decisions and actions. to research relates This objective the s90 by which is required Consent. Objec To Ta

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:35 AM Page 43 how to do it how CTIONS— A main with the Barkindji people and that distribution main with the Barkindji photographs with AIATSIS and the Australian Museum. and the Australian photographs with AIATSIS particular that intellectual property rights for cultural in the course of research material used or discovered re with of such cultural material must be in accordance their wishes. with NPWS. evelop a procedure to register and process any research to register a procedure evelop quirements of the Consent for archiving documents, of the Consent for archiving quirements ll research plans and activities are to be reviewed for to be reviewed plans and activities are ll research legal permits, the relevant must have projects ll research nsure that research proponents are aware of the aware proponents are that research nsure proponents access conditions for the research nsure equests to the BEC and LVAC, noting that the research equests to the BEC and LVAC, being implemented. before the LVAC ecommendation by and data collected including: ecords – depositing copies of all relevant documents, records and documents, records depositing copies of all relevant – identifying copyright and intellectual property rights, in – site records to lodge legally required the requirement – r approvals. for gaining all relevant is responsible proponent r of the BEC. and the approval re r for Water include the need for continued access SA management purposes. •D •A •A •E •E

43 what to do STRATEGIES— Consent Condition 9—Research Activities—continued Consent Condition 9—Research ictoria. acilitate approved requests for research projects to further for research requests acilitate approved f Aboriginal cultural material is uncovered in the course of cultural material is uncovered f Aboriginal the understanding of cultural heritage values Lake V and of reporting proponent advise research the research, of the Consent, particularly the requirements archiving people. intellectual property rights of the Barkindji •F •I why do it tive 2 tive OBJECTIVE— increase our understanding of the increase

ble 3: Consent Conditions, Objectives, Strategies and Action Plans and Action Strategies ble 3: Consent Conditions, Objectives, nature or significance of the cultural nature at the and/or natural heritage values Lake. to research relates This objective the s90 by which is not required Consent, but may be proposed separately. Objec To Ta

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:35 AM Page 44 how to do it how how to do it how heritage material. CTIONS— CTIONS— A A in situ any new wherever possible & practical. wherever As part of the Lake Victoria Monitoring Program, develop Program, Monitoring Victoria As part of the Lake to monitor and and implement a component program works. maintain existing burial protection with monitoring burial The BEC will be involved works. protection for the maintenance of existing burial Establish a Protocol works. protection of this Plan) Section This is included in the Protocol (Note: – regular inspections of the Lakeshore. regular – of the location and composition/description recording – – involvement of the BEC in monitoring activities involvement – As part of the Lake Victoria Monitoring Program, develop Program, Monitoring Victoria As part of the Lake and implement the cultural heritage monitoring component to include: Establish a process to ensure that the BEC are made aware that the BEC are to ensure Establish a process of monitoring activities in a timely manner. of the results of burials. for the protection Establish a Protocol of this Plan) Section This is included in the Protocol (Note: • • • • • • in Section 3.5 of this Plan. in Section in Section 3.5 of this Plan. in Section able 5 able 4 T T what to do what to do STRATEGIES— STRATEGIES— Consent Condition 10—Monitoring Cultural Heritage Heritage Cultural Consent Condition 10—Monitoring detail on the actual monitoring program is in detail on the actual monitoring program detail on the actual monitoring program is in detail on the actual monitoring program

otect any newly exposed burial. Consent Condition 11—Monitoring Burial Protection Works Protection Burial Consent Condition 11—Monitoring ollect data on physical changes to cultural heritage ecognise that burial protection is the highest priority of ecognise that burial protection nsure that the existing burial protection works, including works, that the existing burial protection nsure dvise the BEC of changes which might influence r re re all cultural heritage management actions. intact. remain the burial mounds and protection structures material, including burials. assessment of significance. Mo Mo •R •E •C •A •P why do it why do it sure the protection of newly the protection sure tive 1 tive tive 2 tive OBJECTIVE— ensure the ongoing protection of the ongoing protection ensure OBJECTIVE— increase knowledge of impacts on knowledge increase jective 1 jective

boriginal burials.

44 Plans and Action Strategies ble 3: Consent Conditions, Objectives, Ob To A Objec To cultural heritage which will be used as part management of the adaptive process. Objec To en burials. exposed Aboriginal Ta

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:35 AM Page 45 how to do it how CTIONS— A ector-General NPWS on the causes of erosion and ector-General eaches the low level of the agreed operating strategy. of the agreed level eaches the low r determine if it meets ongoing requirements. when the water measuring transects at least once a year r eneral Monitoring Program Principles. Program eneral Monitoring f the measured erosion exceeds the limits set in exceeds erosion f the measured – a review of the existing erosion monitoring program and monitoring program of the existing erosion a review – based on establish a long-term monitoring program, – As part of the Lake Victoria Monitoring Program, develop Program, Monitoring Victoria As part of the Lake to monitor the and implement a component program impact of Lake operations on undisturbed sediments and This should include: large scale protection works. will be assessed Program from the Monitoring The results with the process in accordance Panel by the Review and the and Monitoring on Research outlined in the Policy G to the and report Consent, the MDBC will review Di proposed. any mitigation measures if appropriate, • • •I in Section 3.5 of this Plan. in Section able 6 T 45 what to do STRATEGIES— detail on the actual monitoring program is in detail on the actual monitoring program

ndertake specific monitoring to assess the impact on ndertake specific monitoring to assess the impact on re undisturbed sediments containing cultural heritage material (palaeosols). works. large scale burial protection •U •U Mo why do it Consent Condition 12—Understanding, assessing and monitoring the environment, impacts mitigation actions Consent Condition 12—Understanding, OBJECTIVE— understand the environmental jective 1

ble 3: Consent Conditions, Objectives, Strategies and Action Plans and Action Strategies ble 3: Consent Conditions, Objectives, and physical processes affecting and the Lakeshore. erosion Ob To Ta

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include sampling of the entire Lake perimeter. include sampling of the entire surveyscombination of-ground and aerial photography. egetation. This should include: egetation. f the results of the monitoring show a trend for a a trend of the monitoring show f the results eduction in the extent of key species in priority areas, the eduction in the extent of key species priority areas, – expanding the existing vegetation monitoring program to monitoring program expanding the existing vegetation – establishing a long-term monitoring program, based on – As part of the Lake Victoria Monitoring Program, develop Program, Monitoring Victoria As part of the Lake to monitor and implement a component program v will be assessed Program from the Monitoring The results by and the and Monitoring on Research outlined in the Policy Ge r to the Director-General and report MDBC will review NPWS on the causes of vegetation decline and if proposed. appropriate, indicate any mitigation measures • • •I in Section 3.5 of this Plan. in Section able 7 T what to do STRATEGIES— Consent Condition 13—Monitoring Vegetation Consent Condition 13—Monitoring detail on the actual monitoring program is in detail on the actual monitoring program

ndertake specific monitoring to assess the impacts of re manageable factors including Lake regulation, stock, feral manageable factors including Lake regulation, response. animals on the vegetation and native Mo •U why do it OBJECTIVE— jective 1 jective nderstand the environmental and nderstand the environmental

46 Plans and Action Strategies ble 3: Consent Conditions, Objectives, egetation on the lake bed. Ob U affecting physical processes v Ta

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:35 AM Page 47 how to do it how how to do it how CTIONS— CTIONS— A A the Expert Panel in accordance with the process in accordance the Expert Panel fencing and/or providing alternate water supplies. fencing and/or providing neral Monitoring Program Principles. Program neral Monitoring

ogressively limit domestic stock access to the Lakeshore ogressively water quality indicators. ontrol feral pigs, goats and rabbits on a cooperative basis feral pigs, goats and rabbits on a cooperative ontrol r – monitor water quality. – to measure establish a long-term monitoring program – As part of the Monitoring Program: As part of the Monitoring will be assessed Program the Monitoring from The results by and the and Monitoring on Research outlined in the Policy Ge by for with neighbours, using humane methods appropriate areas. culturally sensitive based on program Establish a monitoring and evaluation or absence, number of sightings, extent damage presence programs. of control and frequency • • •P •C •

47 what to do what to do STRATEGIES— STRATEGIES— Consent Condition 15—Monitoring Water Quality Water Consent Condition 15—Monitoring Consent Condition 14—Monitoring Non-native Fauna Non-native Consent Condition 14—Monitoring onitor the presence of rabbits, feral pigs, cattle, sheep onitor the presence ndertake specific monitoring to determine the impacts of mplement culturally sensitive, best practice management Lake operation on water quality. and goats. animal species. in a timely manner for different •U •M •I why do it why do it tive 1 OBJECTIVE— understand the relationship OBJECTIVE— minimise the impact of non- jective 1 jective

ble 3: Consent Conditions, Objectives, Strategies and Action Plans and Action Strategies ble 3: Consent Conditions, Objectives, between water and Lake operation. between Ob To native fauna on burials, relics and native fauna on burials, relics native animal habitat. Objec To Ta

Lake Victoria Cultural Landscape Plan of Management MDBC 7532 CLPM Lake Vic Inner 28/8/02 11:35 AM Page 48 how to do it how CTIONS— A vide an update of the operating strategy to LVAC here circumstances necessitate operation of the Lake circumstances here or extended drought, malfunction of key structural assets. evelop an operating strategy that balances the evelop ates affected by any change to water resource availability any change to water resource ates affected by quirements of vegetation and cultural heritage protection of vegetation quirements ro n developing the strategy, consult with all stakeholders the strategy, n developing – changed environmental conditions, such as a large flood – or in an emergency such as the unavailability – re for of water resource provision Victoria, at Lake requirements consumptive use and environmental system. Murray in the River elsewhere of the which include NPWS, MDBC, representatives St strategy and any other which may arise from the altered such as the which may be inter-related, program The Murray. for the River Project Flows Environmental NPWS to the Director-General strategy will be presented for approval. with the Annual Report. outside the strategy guidelines, consult with NPWS, LVAC Such variation. and other stakeholders about the proposed would include: circumstances •D •I •P •W what to do STRATEGIES— Consent Condition 16—Monitoring Water Quality Water Consent Condition 16—Monitoring evelop an operating strategy for Lake Victoria for the life Victoria an operating strategy for Lake evelop eview the operating strategy as required due to unusual eview the operating strategy as required of the Consent. that other conditions or in the event weather or unforeseen not available. water storage facilities are •D •R why do it tive 1 tive OBJECTIVE— ensure the operation of Lake ensure

48 Plans and Action Strategies ble 3: Consent Conditions, Objectives, Objec To of is consistent with the objectives the management plan. Ta

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anagement Action. ontribute actively to the Lake Victoria Rangelands Victoria ontribute actively to the Lake f the monitoring shows a potential impact on cultural or f the monitoring shows M and in conjunction Program As part of the Monitoring Victoria departments, the Lake government with relevant Plan Committee and Action Rangelands Management for other stakeholders, determine the priority areas cultural and salinity levels, levels, monitoring groundwater natural heritage. will be assessed Program the Monitoring from The results by outlined in the Policy on Research and Monitoring and the and Monitoring on Research outlined in the Policy Ge salinisation which is likely to be natural heritage by the operation of Lake, MDBC contributed to by to the Director-General. the causes and report will review •C • • •I

49 what to do STRATEGIES— Consent Condition 18—Impacts on Areas Outside the Lake Outside on Areas Consent Condition 18—Impacts ndertake specific monitoring of groundwater and salinity ndertake a natural and cultural heritage inventory of the ndertake monitoring of the cultural and natural heritage levels around the Lake in order to assess any impacts on the Lake in order around levels the likely to be contributed by the environment operation of the Lake. outside of the Lake. areas outside the Lake to assess impacts which may in the areas the operation of Lake. be contributed to by •U •U •U why do it tive 1 OBJECTIVE— understand and minimise the

ble 3: Consent Conditions, Objectives, Strategies and Action Plans and Action Strategies ble 3: Consent Conditions, Objectives, impacts of the operation Lake outside the Lake, on the areas specifically on the eastern side of Lake. Objec To Ta

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3.3 Lake Victoria Advisory cultural landscape. Figure 11 shows the Committee and composition of the LVAC. Except where Community Relations specifically noted, each of the groups mentioned has one position on the Committee. Additional Lake Victoria Advisory Committee observers are invited and welcome to attend The Lake Victoria Advisory Committee (LVAC) meetings. has been formalised as an advisory committee to Barkindji Elders Committee the MDBC under the Murray–Darling Basin Agreement. Its role is to provide advice to the The Barkindji Elders Committee (BEC) is a MDBC on the preparation and then group in its own right, whose members are implementation of the Plan, and on all issues people with traditional ties to Lake Victoria. The related to the conservation management of the BEC forms the basis of the Barkindji cultural landscape of Lake Victoria in accord representation on the LVAC and provides a link with the Consent Conditions. The LVAC is to the broader Barkindji community to resourced by the MDBC. communicate information about what is The LVAC provides the mechanism whereby happening at Lake Victoria, as well as providing Aboriginal people with traditional and historic informed advice to the LVAC based on the ties to Lake Victoria, as well as other consultation with the wider community. The stakeholders, can have input into the MDBC resources BEC meetings when they are management of the heritage values of the considering issues relating to Lake Victoria.

Figure 11: Lake Victoria Advisory Committee Membership LAKE VICTORIA ADVISORY COMMITTEE MEMBERSHIP Independent Chairperson and Deputy Chairperson One of these positions is to be held by a person with professional cultural heritage management experience.

Aboriginal Groups • 14 members of the Barkindji community including: – 11 Barkindji people with traditional and/or historic ties to the Lake Victoria area; and – 3 Descendants of Lake Victoria Aboriginal people now living in SA. •1 representative from the Dareton Local Aboriginal Land Council. •1 representative from the NSW Aboriginal Land Council.

Landholder and User Groups •2 representatives of Lake Victoria landholders. •1 representative from the Lower Murray–Darling Catchment Management Board. •1 representative of Water users.

Government agencies: 1 representative each with the exception of MDBC • MDBC—2 representatives including the Program Manager Lake Victoria and a representative from River Murray Water (RMW). • SA Water. • NSW NPWS. 50 •NSW DLWC.

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Broader Community Figure 12 shows the relationship between the Cultural Landscape Plan of Management and Other stakeholders include the local Aboriginal the Lake Victoria Operating Strategy, and how and non-Aboriginal community not represented the conservation requirements for both cultural on the LVAC, representatives from surrounding and natural heritage feed into the development pastoral properties, the local Aboriginal Land of the operating strategy. Council, government departments with responsibilities at the Lake, people who rely on Vegetation water resources from the River Murray system Plants appear to have distinct establishment and and people who use the Lake for recreational maintenance phases, with different requirements purposes. and tolerances depending on which phase they 3.4 Strategies for Cultural are in. The altered operations over the last few Heritage Conservation years in many ways equate to an establishment phase. The ongoing operating strategy will try as Background much as possible to provide conditions which The environment around Lake Victoria has been allow these plants to survive and expand. It is substantially changed since European intended to monitor this natural regeneration to occupation, and more particularly since see how it develops with the ongoing operating regulation of the River Murray system. The s90 strategy. The vegetation monitoring program is Consent has a strong emphasis on conservation outlined in Table 7 of this Plan. and protection of the natural environment of Investigation will continue to determine the key Lake Victoria and its surrounds. Re-establishing species that are likely to survive in the 51 vegetation on the foreshore has been chosen by environment surrounding Lake Victoria, and the NPWS as the central strategy in the Consent for conditions most conducive to their survival. Key protecting the cultural heritage in situ around species for both objectives under Condition 8 are the Lakeshore. This involves developing a being sought, that is: different Lake operating regime, which will • for stabilisation of the soil to minimise provide more suitable conditions for the re- erosion—these are likely to be grasses or establishment of vegetation. aquatic species. As mentioned in Part 2, the historical operation •for amenity value—these are likely to be trees, of the Lake has had an adverse impact on the especially red gum, and lignum. health of vegetation below the 27 m level. This Other strategies to enhance the vegetation has changed to some extent with the response include removing the impacts, both introduction of the Menindee harmony targets, grazing and trampling of stock and other which have included an annual drawdown since animals from the Lakeshore. This involves the mid-1980s. Significant regeneration of many providing alternative stock water supply for plants and trees has occurred in specific areas of properties surrounding Lake Victoria, and also the Lakeshore over the last few years. This has an ongoing program for eradication of non- occurred without recourse to deliberate re- native fauna. vegetation exercises and is thought to be a response to two significant factors—the changed Further investigation may be considered in areas Lake operations since 1994, and the reduction of where regeneration has not occurred to impacts from stock, either by excluding stock determine the suitability of the soil and completely from some areas, provision of environmental conditions in the specific area, alternative stockwatering supplies and by and whether additional intervention is required. changes to stock management practices by landholders.

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The Lake Victoria Operating action plans which are intended to improve the Strategy natural environment and protect the cultural heritage and it is necessary to determine the The Lake Victoria Operating Strategy (LVOS) is success or otherwise of these measures. a companion document to the Cultural Consequently, an extensive monitoring program Landscape Plan of Management. The LVOS is to be undertaken to measure the nature and describes how the water storage functions of extent of the changes to the environment at Lake Lake Victoria will be managed in meeting the Victoria. requirements of the Consent. In summary, the LVOS aims to enhance Research opportunities for drying the lake bed, and limit Section 3.4 identified that there are two the time that the water levels in the Lake are objectives in relation to research which can be high, whilst meeting existing water supply and derived from Consent Condition 9: environmental flow obligations. The Operating • Objective 1—For research which is required by Strategy is based on the assumption that native the s90 Consent, to understand the vegetation will stabilise the Lake foreshore, and relationship between environmental processes, aims to simulate a natural hydrological regime, Lake operations and impacts on cultural and at a higher elevation than occurred under natural natural heritage in order to improve conditions. management decisions and actions. The LVOS contains a set of General Operating • Objective 2—For research which is not Rules that will apply most of the time. In required by the s90 Consent, but may be developing these rules, consideration was given proposed separately, to increase the to the impact on security of existing water understanding of the nature or significance of entitlements in New South Wales, Victoria and the cultural and/or natural heritage values at South Australia. Consideration was also given to the Lake. water quality (particularly salinity) impacts in the River Murray system. In addition, the The first objective recognises that the MDBC is Operating Strategy describes circumstances such required to undertake research which is related as emergency operations, or operations for to minimising impacts of Lake operations on environmental benefit in the Lower Murray cultural and natural heritage. Further detail River downstream of Lake Victoria, where about how this will be undertaken is explained operations may need to be altered from the below. General Operating Rules. The Operating The second objective also recognises that other Strategy defines the role of the Review Panel parties such as academic institutions, interest (refer to Section 3.5) in relation to Lake Victoria groups and private individuals may be interested operations. in the cultural, scientific and historic values of 3.5 Research and Monitoring Lake Victoria. This provides a process for broader research proposals to be considered. Changes will occur in the natural environment More importantly, it provides an avenue to at Lake Victoria. The changes may be due to ensure that the LVAC has an active role in the long-term effects, such as the way the Lake is consideration of any research proposal and that operated, as a response to deliberate actions such the proponents of any research proposal are the construction of large scale protection works aware of, and must conform with, the or changes in stock management on the procedures and protocols developed to protect surrounding properties, or as a result of specific the cultural heritage. events such as a storm. In addition, this Plan of 52 Management includes a range of strategies and

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Figure 12: Relationship between Cultural Landscape Plan of Management and Lake Victoria Operating Strategy

MDBC Responsibility

Advice: Lake Victoria RMW Responsibility Advisory Cultural Landscape Committee Plan of Management

Commun ity Involvement Access Cultural Heritage Communication Natural Heritage Lake Victoria Operating Education Fauna Monitoring Aquatic Flora Strategy Research Water Quality Conservation Water Conservation Requirements Supply Entitlements Salinity Management Environmental Flows

Strategies and Actions

Reviewed by Lake Victoria Advisory 53 Committee

Approved by Murray-Darling Basin Commission

Approved by Director-General Approved by Murray-Darling NPWS Basin Commission

Implemented by River Murray Water and SA Water

Reviewed by Review Panel

Relationships between the Lake Victoria Cultural Landscape Plan of Management and the Lake Victoria Operating Strategy

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Review Panel A Research Plan will be prepared by October A Review Panel will be established and resourced each year, in accordance with the requirements by the MDBC and include people with expertise listed below for Research Plans. The Research in cultural heritage significance, natural heritage Plan should be formulated so as to incorporate assessment, ecology, geomorphology, water any recommendations from the Review Panel supply operations, groundwater salinity and any which arose as a result of monitoring from the other subject area deemed necessary once the previous year. Plan of Management is operational. Research Not Required by the Consent The Review Panel is responsible to: Other research proposals which are beyond the •review proposals for research at Lake Victoria; requirements of the Consent may be submitted •review and approve the monitoring program to the MDBC and SA Water for consideration. required for the Consent; In such cases, the MDBC and SA Water will coordinate the progress of research proposals •review results of the monitoring program, and which must follow the following steps: make recommendations for the subsequent year’s research plan, and if applicable, any • the proponent must submit the proposal with changes to management practices or Lake a Research Plan in accordance with the operations deemed necessary from the requirements for Research Plans listed below. monitoring results; and • the proposal and Research Plan are to be •participate in any consideration of proposed referred to all relevant agencies or authorities changes to management practices and Lake for review, advice on whether permits are operations, whether the recommendations are required, any comments on the proposal and made from the review of monitoring results a recommendation regarding each agencies or from any other source. support for the proposal. The Review Panel will meet on an as required • the proposal and Research Plan are to be basis. referred to the BEC and LVAC, along with the comments from the agencies, for review Research Required by the s90 Consent and recommendation. Any research proposals MDBC and SA Water are responsible to conduct which may affect cultural heritage must be research activities which are required by the s90 specifically approved by the BEC. Consent. The focus of such research is to • the proposal and Research Plan will be improve the level of understanding about the considered, for approval, by the Review Panel, impacts of operating Lake Victoria on the in consultation with NPWS and taking into cultural and natural heritage at the Lake, and account the recommendations from the LVAC then feed this back into management decisions and the relevant agencies and authorities. in order to minimise those impacts. The main The proponent is responsible to identify and vehicle for this research is the monitoring obtain all relevant legal permits, and will be program which is aimed at gathering data about required to provide evidence of approved the changes occurring at the Lake over the permits. If the research proposal is approved, the period of the Consent, and then trying to proponent must comply with all protocols and determine the causes of the changes. MDBC and procedures applicable for access and work at SA Water have engaged suitably qualified Lake Victoria, and with any directions from SA specialists to design the various component Water staff as the research proceeds. Approval programs required under the Consent. may be withdrawn if the proponent does not 54 comply with the requirements of this Plan of Management.

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Research Plan required to agree to this principle as a condition to their proposal being approved. A Research Plan is required for all research proposed at Lake Victoria. The Research Plan Monitoring should include but is not limited to the following: Objective of Monitoring • the need for the research; The objective of monitoring is to determine the impact of Lake management on cultural heritage, • the objectives of the research; in order to modify Lake management if the impact • the relationship of the research to the exceeds some predetermined thresholds. objectives of the Plan of Management; • the proposed methodology; Design of Monitoring Program All of the monitoring requirements listed in the •identification of any permits required and s90 Consent are included in a monitoring proof that permits have been issued; program. The MDBC and SA Water have • the proposed consultation process with all engaged suitably qualified specialists to design stakeholders, especially the local Aboriginal the various components of the monitoring community and landholders; program. The separate component programs are • the proposed method for reporting results of being coordinated under the annual Research the research and if appropriate, how this is Plan to maximise efficient and effective use of intended to be incorporated into management resources and to ensure that the requirements of outcomes; the Consent are met. Where possible, 55 •a proposed timeframe for the research monitoring sites will be integrated so they can be proposal; and used for several different purposes. • where there is more than one component to Conduct of Monitoring the activity, an outline of any coordination Maximum care is to be taken to restrict any required between the components. impact caused by the conduct of monitoring. A Management of Data and Intellectual Code of Conduct regarding access and behaviour Property has been developed for any people using the Lake or working at the Lake and is included in The Plan of Management respects the the Protocol Section of this Plan. Where intellectual property rights of the Barkindji additional workers are employed to assist with people with respect to Aboriginal cultural the monitoring, they must be briefed on the heritage at Lake Victoria. This includes any data objectives and procedures of the monitoring or material which becomes known during surveys and relevant training is to be provided. research. The Consent and the Plan of Management recognises that reports or Community Involvement publications associated with Lake Victoria may Communication with the community is be sensitive. Culturally sensitive information is essential. The objectives of the monitoring to be managed in consideration of the wishes of program will be communicated to the LVAC and its owners (the Barkindji people). Any reports or will be available to the wider community. In publications containing cultural information will addition, information about monitoring be referred to the Barkindji Elders Committee activities, including the objectives, conduct and prior to its release and their advice sought timing, results and any subsequent decisions of regarding distribution of the information. the monitoring activities will be communicated This applies equally to research not related to the to the community progressively, and in an Consent, and research proponents will be annual report.

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Where possible, the community, both Aboriginal Recommendations for Changes to and non-Aboriginal, will be involved in the Management Practices monitoring program. Any labour requirements The Review Panel may make recommendations will be filled in accordance with the relating to operating the Lake. Trend data, Employment Protocol in the Protocol Section of gathered over a reasonable period of time, are this Plan of Management. In particular, required in order to develop sufficient members of the local Aboriginal community will information to make decisions about Lake be employed to assist where there is a management. Any changes in management requirement for additional workers for tasks decisions or guidelines resulting from which are related to protection of cultural monitoring activities will only be implemented heritage. A detailed explanation is to be provided after a thorough review by the Review Panel and if this is not possible. agreed by the LVAC, NPWS, SA Water and Reporting Requirements MDBC. MDBC and SA Water are required to prepare a Description of the detailed report of all monitoring activities for Monitoring Programs for each Consent Condition on an annual basis and Consent Condition 10 to 15 provided this to NPWS. In addition, a summary The detail of the proposed monitoring programs report of this detailed report will be prepared for to be undertaken in response to the Consent is inclusion in the Annual Report required under presented in Tables 4–9. Consent Condition 5 and presented to the community. The BEC will be consulted in relation to any culturally sensitive material to be included in the report. The detailed report will cover the following aspects: •a description of all of the monitoring conducted for the Consent Condition; • the results of the monitoring; • details of any environmental or climatic factors which occurred during the period and which may have affected the monitoring results; • an interpretation of the results and identification of possible causes; and •any appropriate recommendations. Annual Review of Monitoring Results The Review Panel will conduct an annual review of the monitoring results. Additional opinion may also be engaged to assist with the review, and to determine the causes of any changes observed.

56

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Table 4: Condition 10—Monitoring Cultural Heritage

Condition 10: Monitoring Cultural Heritage Objective of Consent: To achieve an annual decrease in the number, size and frequency of exposure of newly discovered cultural heritage material. METHOD DETAIL Annual Survey Annual survey of the entire exposed Lakeshore to be: • conducted when water level is lowest. • coordinated with other monitoring activities to be conducted when the Lake level is low. Regular Routine Surveys Regular routine surveys of exposed Lakeshore during the remaining parts of year: • concentrating on known priority areas. • combining a formal rolling program of inspections by sector of the Lakeshore with opportunistic observations by staff when in location. Event Specific Surveys Following specific events such as strong winds, storms: • conduct an inspection of known priority areas which are exposed at the time of the event.

Current Information •A significant amount of work has already been done on locating and recording cultural heritage material. SA Water holds a database of the existing information. 57 Responsibility •Inspections are to be coordinated and conducted by SA Water’s Cultural Heritage Manager. •If additional workers are required, they will be employed in accordance with the Employment Protocol in the Protocol Section of this Plan. •Elders from the BEC will be involved in decision-making relating to protecting cultural heritage. Action required for all Inspections • Comply with Access Protocol and Code of Conduct. •A written report of all inspections is required. •Any discoveries of cultural material to be recorded in the database. •Known environmental conditions which may have contributed to the discovery should also be recorded. This includes recent weather conditions (storms, high winds etc.), the Lake level at the time of discovery, recent Lake operation (Lake level rising, falling or steady), and any vegetation surrounding the site. • Legal requirements for reporting are to be followed. • The Barkindji community to be advised of results of inspection, in particular of any discoveries of new material. Action on discovery of newly exposed burials •Note that the Consent specifically does not apply to burials. • Any newly exposed burials located must be protected in accordance with the Protocol for the Protection of Newly Exposed Burials in the Protocol Section of this Plan. Action on discovery of newly exposed cultural heritage material •Take action in accordance with the Protocol for Reporting Discovery of Cultural Material.

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Table 5: Consent Condition 11—Monitoring Burial Protection Works Consent Condition 11: Monitoring Burial Protection Works Objective of Consent: To ensure the continued effectiveness of protection works, in particular that there is no re-exposure of the burials which have already been protected. METHOD DETAIL Annual Inspection Annual inspection of all recorded burial protection works to be: • conducted when the water level is lowest. • coordinated with other monitoring activities to be conducted when the Lake level is low. Regular Routine Surveys Regular routine surveys of burial protection works on the exposed Lakeshore during the remaining part of the year. • Combining a formal rolling program of inspections by sector of the Lakeshore with opportunistic observations by staff when in location. •Can be conducted in conjunction with monitoring conducted under Condition 10. Event Specific Inspections Following specific events such as strong winds, storms: • conduct an inspection of any burial protection works which are exposed at the time of the event.

Current Information •This Condition includes burial mounds and constructed protection works such as the sand sausage. •All known burials are recorded on the SA Water database. Responsibility •Inspections are to be coordinated and conducted by SA Water's Cultural Heritage Manager. •If additional workers are required, they will be employed in accordance with the Employment Protocol in the Protocol Section of this Plan. •Elders from the BEC will be involved in decisions relating to protecting cultural heritage. Action Required for all Inspections • Comply with Access Protocol and Code of Conduct. •A written report of all inspections required. •Protection works are to be photographed on all annual and Event Specific inspections, and on routine inspections if the protection work is deteriorated. •Any discoveries of deteriorated protection works to be recorded, along with report of actions taken. •Note known environmental conditions which may have contributed to the deterioration of protection works, including recent weather conditions (storms, high winds etc.), the Lake level at the time of discovery, recent Lake operation (Lake level rising, falling or steady), and any vegetation surrounding the site. • Legal requirements for reporting to be followed. Actions on discovery of deteriorated burial protection works •Repair any deteriorated protection works in accordance with the Protocol for the Maintenance of Existing Burial Protection Works in the Protocol Section of this Plan. •Particular attention is to be given to explaining the method of construction of protection works, 58 and the difference between superficial disturbance of the protection mounds, and damage to the effectiveness of the protection works.

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Table 6: Condition 12—Understanding, Assessing and Monitoring Environment, Impacts and Mitigation Actions Condition 12: Understanding, Assessing and Monitoring Environment, Impacts and Mitigation Actions Objective of Consent: To measure the extent of movement of Lakeshore sediments, concentrating on known priority areas for cultural heritage and in particular, areas with exposed palaeosols. The Consent prescribes that there should be no more than two centimetres per annum of vertical erosion of palaeosols which contain cultural heritage material. METHOD DETAIL Annual Survey To be conducted: • when the Lake is at the low level of the agreed operating strategy; and •immediately before the Lake begins to be refilled. Using a combination of: •cross-shore profiles with permanent landward benchmarks at identified priority areas. • photographs of profiles for qualitative visual comparisons. Profiles established in the interim monitoring program will continue to be used, and additional profiles may be added if required. Event Specific Surveys To be conducted: •immediately after high energy events such as storms, high winds. 59 •following unusual or unanticipated change to the agreed operating strategy. • using the same combination of cross-shore profiles and photography.

Current Information • This program will build on the interim monitoring strategy of impacts on cultural heritage, which is already in place. Responsibility • The program has been designed by a professional geomorphologist. • SA Water is responsible to conduct the surveys in accordance with the program and to maintain the database. •A geomorphologist will be engaged to interpret results, write the report and make recommendations. •All workers to comply with Access Protocol and Code of Conduct.

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Table 7: Condition 13—Monitoring Vegetation Condition 13: Monitoring Vegetation Objective of Consent: Over the period of the Consent, to achieve an increase areal coverage of perennial native vegetation on the Lakeshore, and a reduction in the impacts by domestic stock and feral animals. METHOD DETAIL Baseline Study This will include two parts: •follow up action from the baseline study of the southern Lakeshore conducted in 1998. •a representative sample of the remainder of Lakeshore. These studies will include: • for all new and all 1998 sites, an assessment of soil condition and type, degree of erosion and impact of grazing. •a stratified vegetation survey of an additional 50–70 sites around Lake Victoria (other than the southern lake bed) to be conducted in spring 2001. • sites to be selected at the time of survey and in conjunction with other information relating to priority areas for cultural heritage, targeting of identified key species for soil stabilisation and amenity purposes. Annual Monitoring of A number of permanent gradsect monitoring lines were Vegetation Transects established on the southern Lakeshore in 1998. New gradsects will be established on the remainder of the Lakeshore. Monitoring will include: •re-survey and assessment of all existing gradsects. • install, survey and assess new gradsects on remainder of the Lakeshore. • assessment to include estimates of biomass and scoring of plant health. • permanent photopoints to be established for all gradsects. •within gradsects, establish permanent belt transects which contain priority revegetation species and monitor for recruitment, mortality and growth. •new gradsects to be selected at time of survey and in conjunction with other information relating to priority areas for cultural heritage, targeting of identified key species for soil stabilisation and amenity purposes. • conducted on at least annual basis. Additional permanent monitoring plots may also be established to monitor tree health, mortality, recruitment and growth rates, if these cannot be accommodated within the gradsects. Annual Monitoring of Stock exclosures are to be constructed as part of the stockwater Stock Exclosures systems on properties adjoining the Lake. Monitoring of stock exclosures once established will include: • estimates of biomass and scoring of plant health. • photomonitoring. • to be conducted at least annually. If established, annual Active re-vegetation strategies may not be required. This will monitoring of re-vegetation depend on the results from monitoring, and the assessed or plots anticipated success of other strategies such as the altered Lake operating strategy, removal of stock impacts from the Lakeshore and natural regeneration. 60 If it is decided to undertake re-vegetation trials, the earliest time that plots will be established is 2002 due to availability of locally grown stock. Any re-vegetation plots will be monitored in accordance with the same methodology as other vegetation monitoring.

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Table 7: Condition 13—Monitoring Vegetation—continued

Current Information • This program will build on the 1998 study and initial monitoring conducted on the southern Lakeshore. Responsibility • The program has been designed by a vegetation consultant, with input to design from NPWS. •Ongoing monitoring will be conducted by a vegetation consultant. •All workers to comply with Access Protocol and Code of Conduct. •If additional workers are required they will be employed in accordance with the Employment Protocol in the Protocol Section of this Plan.

Table 8: Consent Condition 14—Monitoring and Managing Non-Native Fauna Condition 14: Monitoring and Managing Non-Native Fauna Objective of Consent: To minimise the impact of non-native fauna on burials, relics and native animal habitat. METHOD DETAIL Periodic or seasonal Establish a monitoring and evaluation program based on presence monitoring for the presence or absence, number of sightings, extent of damage and frequency of non-native fauna of control programs. Annual monitoring stock Link with vegetation monitoring of stock exclosures to determine exclosures where stock impacts of non-native fauna in areas where access for stock has 61 watering systems are been restricted. constructed

Current Information • SA Water currently undertakes feral animal control programs. •Stock watering systems and/or fencing has already been constructed along the eastern and southern sides of the Lake. Responsibility • SA Water will continue progress with stock watering systems for remainder of the properties adjoining the Lake. • SA Water will continue and expand feral animal control. •All workers to comply with Access Protocol and Code of Conduct.

Table 9: Condition 15—Monitoring Water Quality Condition 15: Monitoring Water Quality Objective of Consent: To increase knowledge of water quality. METHOD DETAIL Water Quality Sampling To be conducted as part of SA Water's routine water quality sampling program.

Current Information • SA Water currently undertakes water quality sampling at a number of points around Lake Victoria. Responsibility • SA Water will continue water quality monitoring and will provide analysis of results. •All workers to comply with Access Protocol and Code of Conduct.

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3.6 Actions Outside the Natural and Cultural Heritage Area of the Lake Inventories of Surrounding Areas The Cultural Landscape Plan of Management The Lake Victoria Rangelands Management covers a relatively small area of land as defined Plan (LVRMAP) includes the properties in Part 1 and shown in Figure 3. Bordering on immediately surrounding Lake Victoria as the perimeter of the Lake are four pastoral shown in Figure 13, and is funded properties, one combined freehold and leasehold predominantly by National Heritage Funds. (Lake Victoria) and three leasehold (Nulla, This Plan includes two separate studies, a Noola and Dunedin Park–Talgarry). The Rangelands Study and a Cultural Heritage southern boundary of the area, which includes a Study, in which surveys of the natural and section of Frenchmans Creek, is bordered by a cultural heritage of the surrounding properties combination of freehold, leasehold and NSW are planned. Rather than duplicate this effort, State Forest. the Consent requires the MDBC to contribute to the LVRMAP and to share information. The boundary of the Cultural Landscape Plan of Management has been set as the area under the To conform with this direction, the MDBC has control of South Australia. Significant cultural allocated funds to assist with aspects of the heritage occurs outside the Cultural Landscape studies from which it will gain information in Plan of Management boundary as well as within. support of the Consent for Lake Victoria. Both Activities outside the boundary directly impact studies are in progress, and future actions such on the Lakeshore, while the operation of the as monitoring will be determined from the Lake impacts on the neighbouring land and for results of these two studies. this reason, it is essential that the Cultural 3.7 Management and Landscape Plan of Management is integrated Implementation with any related land and water management plans. Management Responsibilities Some of the Consent Conditions require the MDBC to undertake activities outside of the NPWS Consent area as defined in Schedule B. The The NSW NPWS is responsible for strategies to respond to these requirements are administering the National Parks and Wildlife described below. Act (1974) which covers the protection of Aboriginal cultural heritage. NPWS is the Groundwater Monitoring and regulatory authority for the Consent and must Salinity approve the Plan of Management, but is not MDBC has allocated funds to DLWC to install responsible for its development or additional piezometers in the areas surrounding implementation. Lake Victoria, to conduct groundwater MDBC monitoring and update salinity mapping of these areas. The program to install the additional The s87 Permit and s90 Consent have been piezometers commenced in 2000 and granted to the MDBC and the Plan of monitoring results are likely to be available from Management is a legal requirement of the s90 mid-2001. When monitoring results become Consent. The MDBC is therefore the legal available, the MDBC and DLWC will host a entity responsible for implementing the workshop to discuss hydrogeological research conditions of the Consent, because the Consent and the monitoring results. deals with the impact of the regulation of the Lake and the MDBC makes the decisions on 62 how this is done. As a result, the MDBC is also

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legally responsible for the development and SA Water implementation of the Plan, including regular The SA Water Corporation owns most of the review of strategies, annual reporting and final Lakeshore area covered by the Plan of review. Management and actively manages the Lake regulation by implementing the MDBC’s instructions relating to water flows. The MDBC may delegate aspects of the implementation of the Plan of Management to SA Water, but will retain overall responsibility.

Figure 13: Geographic scope of the Lake Victoria Rangelands Management Plan

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Decision-making process Independent Review after Five Years The MDBC will develop appropriate decision- making processes for the actions within this In addition to the annual reports, the MDBC Plan. This will include clear identification of will arrange for a major independent review of situations where: the Plan of Management to be carried out • the MDBC makes the decision, taking into between 1 July 2005 and 31 December 2005. account all advice. This will review the effectiveness of the Plan, and may be the basis of the application for an • the LVAC makes the decision, taking into extension of the s90 Consent. account all advice. •Aboriginal elders, through the BEC, make the Annual Review of Plan decision, taking account all advice. The MDBC will prepare an Annual Report on Life of the Plan of Management the implementation of the Cultural Landscape Plan of Management by the end of September The s90 Consent was granted on 28 August each year for advice to the Lake Victoria 1998, for a period of eight years. The end date is Advisory Committee and approval by the 28 August 2006. Director-General of the NPWS. This is in The Cultural Landscape Plan of Management accordance with Consent Condition 5. The will run from the date it is approved by the MDBC will review and update each strategy Director-General NPWS to 30 June 2006. The annually, and include a report on progress in the MDBC must review the effects of the Annual Report. The MDBC may develop new management of the Lakeshore through the Plan strategies as required during the life of the Plan. of Management prior to this date, and submit an application for an extension of the Consent from the 1 July 2006.

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PROTOCOLS 1. Access Protocol 2. Protocol for the Employment of Aboriginal Workers at Lake Victoria 3. Protocol for the Protection of Newly Discovered Burials 4. Protocol for the Maintenance of Existing Burial Protection Works 5. Code of Conduct for Workers and Visitors to Lake Victoria LAKE VICTORIA ACCESS PROTOCOL VISITOR CATEGORY REQUIREMENTS Everyone Visiting the Lake This protocol expects visiting individuals and groups to act respectfully towards the Aboriginal heritage of the Lake and the rights, equipment and facilities of the landholders. While the landholders and the traditional owners will cooperate within the spirit of this protocol wherever possible, they retain the right to refuse admission to individuals who do not meet these expectations. All visitors are required to remain on tracks if vehicles are being used and to abide by any other guidelines from SA Water or landowners when visiting the Lake. 65 Visitors are requested to report on anything of significance pertaining to Aboriginal cultural heritage to SA Water during their visit or after their return. Elders on Lake Victoria • Contact the Lake Victoria Depot prior to the visit if possible Advisory Committee (either direct to the SA Water Cultural Heritage Manager or via the Land Council which can fax details to the Depot). •On the day of the trip, either (i) pick up key from Land Council Office (on Friday for a weekend) and return key to the Land Council after the trip or (ii) use own key to open the cabinet at the Depot, sign the register and get the gate key, returning gate key to the cabinet after the trip and sign out on the register. Aboriginal people with •Inform and seek the approval of at least three (3) elders on the traditional and historic ties Lake Victoria Advisory Committee, prior to any planned visit to Lake Victoria. •Inform and seek approval of SA Water. •Inform and seek approval of relevant landholders. •Two days notification will be required for small groups or families (five or less) and two weeks for large groups or school groups. • All groups need to be accompanied by an Aboriginal SA Water employee. •All arrangements are required to be finalised with SA Water prior to visit. •All Aboriginal visitors are required to remain on tracks if vehicles are being used and to abide by any other guidelines from SA Water or landowners when visiting the Lake. •Visitors are requested to report on anything of significance pertaining to Aboriginal cultural heritage to the elders, on return from their visit.

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LAKE VICTORIA ACCESS PROTOCOL VISITOR CATEGORY REQUIREMENTS People and educational •Applications in writing to SA Water (3 Months in advance). groups with genuine • SA Water to advise of requirements for Aboriginal permission, interests in Aboriginal and other rules. cultural heritage • Consult the Barkindji Elders Committee (2 Months in advance). •Group must be informed of appropriate fee involved. •Group leader to seek permission from relevant landholders. •Provide SA Water with evidence of approval. •Provide SA Water with travel details (numbers, dates, itinerary). •Aboriginal employee and/or up to three (3) elders must accompany the group, depending on size. •Group to be given information about proper behaviour at Aboriginal sites. •Group leader must sign undertaking of responsibility for students. •Group leader must sign register at Depot. •No keys given to educational groups. People and educational •Applications in writing to SA Water (3 Months in advance). groups with interests in • SA Water to advise of requirements for Aboriginal permission, environment or history but and other rules. not Aboriginal heritage • SA Water must advise Lake Victoria Advisory Committee (in writing if necessary). •Group leader to contact relevant landholders. •Provide SA Water with evidence of approval. •Provide SA Water with travel details (numbers, dates, itinerary). •Aboriginal employee or elder may be required to accompany the group. •Group to be given information about proper behaviour at Aboriginal sites. •Group leader must sign undertaking of responsibility for students. •Group leader must sign register at Depot. •No keys given to educational groups. Researchers wishing to •Advise MDBC/SA Water about proposal. study Aboriginal heritage •Advise and seek approval from the Barkindji Elders Committee and Lake Victoria Advisory Committee. •Research to be consistent with Plan of Management. • MDBC/SA Water to advise Lake Victoria Advisory Committee. •Follow standard NPWS rules for permits and Aboriginal consultation. •If project approved, must follow specific requirements set by NPWS/Aboriginal people (e.g. Aboriginal involvement in project). •If project approved, must follow standard requirements set by MDBC/SA Water (e.g. advise of field trips, report in to Depot). •Keys may be authorised under special conditions. 66 •Provide regular reports on work to MDBC/SA Water/Lake Victoria Advisory Committee.

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LAKE VICTORIA ACCESS PROTOCOL VISITOR CATEGORY REQUIREMENTS Researchers whose interests •Advise MDBC/SA Water about proposal, advise the Barkindji are not related to Elders Committee. Aboriginal heritage •Research to be consistent with Plan of Management. • MDBC/SA Water to advise Lake Victoria Advisory Committee. • All necessary permits obtained. •If project approved, must follow standard requirements set by MDBC/SA Water (e.g. advise of field trips, report in to Depot). •Keys may be authorised under special conditions. •Provide regular reports on work to MDBC/SA Water/Lake Victoria Advisory Committee. Access for recreation •Recreational activities are to be consistent with the objectives (including fishing) by the of the Cultural Landscape Plan of Management (e.g. speed general public (including limit on Lake is 4 knots). friends and relatives of SA •A map of Lake showing culturally sensitive areas placed off- Water employees and limits for recreation to be provided to landholders, SA Water landholders and members staff and Lake Victoria Advisory Committee members. of the Aboriginal •Fencing/signs etc. to mark areas where recreation possible or community) prohibited. 67 •Advice to interested groups (tourist offices, clubs etc.) of new rules. Employees, contractors and •A code of conduct to be provided with information about the consultants of all nature, location and sensitivity of cultural heritage and the government departments legal and other requirements to avoid causing damage. and agencies, and •Briefing sessions for all first-time visitors involved in landholders and their management activities. employees, contractors or commercial fishers.

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Protocol for the Employment of •Employment conditions will be in accordance Aboriginal Workers at Lake with the Employment Agency. Victoria General Objective •Aboriginal people interested in employment To have an agreed procedure for the employment at Lake Victoria should register with the of Aboriginal people for work associated with the nominated employment Agency. management of cultural heritage at Lake •Preference will be given to Aboriginal people Victoria. with traditional ties to the area. Employment Requirements •Employment opportunities will be given to as many of the people who have applied as • SA Water employment needs will be possible. determined by the Cultural Heritage Manager in consultation with the Manager River Murray Operations Unit. •The employment needs of Contractors or Consultants performing work on behalf of SA Water, will be determined by them in consultation with SA Water.

Procedure • The Cultural Heritage Manager at Lake Victoria will be responsible for coordinating the employment procedure. •Aboriginal people will be employed through a registered Employment Agency. •Selection will be by a group consisting of three nominated members of the Barkindji Elders Committee, the Employment Agency and the Cultural Heritage Manager, with a representative from the Contractor or Consultant where they are involved. • The people will be employed and paid by the Employment Agency, under their terms and conditions, and SA Water will reimburse the cost of the salaries. •The people employed will work for either SA Water, under the supervision of the Cultural Heritage Manager, or Contractors or Consultants employed by SA Water or the MDBC. •Wages will be paid in accordance with the work undertaken, as determined under the relevant SA Water Award. 68

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Protocol for the Protection of – if it is a cliff burial and cannot be Newly Discovered Burials Found at protected by sandbagging, arrangements Lake Victoria are to be made to have a minimum of three elders from the Lake Victoria Objective Advisory Committee to visit the site and To protect newly discovered Aboriginal burials discuss the protection method with the found at Lake Victoria. Cultural Heritage Manager;

Procedure – a temporary structure may be placed over the burial if needed in an emergency. This •Whoever finds the burial/s is to advise the would only apply when immediate action Cultural Heritage Manager at Lake Victoria. is required and conditions do not allow • The Cultural Heritage Manager will advise: for the time to protect the burial in the – the Lake Superintendent; manner outlined above; – the Manager River Murray Operations •Once the burial protection works have been Unit; completed, they should be photographed and the remaining details added into the database. – the NSW National Parks and Wildlife Service Aboriginal Sites Officer at Buronga; •Relocation of the burial to the Cemetery Area may be considered by the elders and the – the Coordinator for the Barkindji Elders Cultural Heritage Manager if normal Committee, who will inform the protection methods cannot be applied. This community. will be done in consultation with the 69 • The Cultural Heritage Manager may need to National Parks and Wildlife Service. Details confirm the burial with the NSW National are to be recorded on the database. Parks and Wildlife Service Aboriginal Sites •On completion of the protection works, the Officer at Buronga. Cultural Heritage Manager is to arrange to •Following confirmation of the burial, the meet with the community to advise them of Cultural Heritage Manager will undertake the the details of the works. following: Employment Requirements – arrange for the burial details to be recorded including the following actions: If the Cultural Heritage Manager needs assistance to protect the burials, the matter – assign a number to the burial; should be discussed with the Lake – take a photograph of the burial; Superintendent and the Manager River Murray – record the location of the burial with a Operations Unit to determine the level of GPS; practical support and resources required. If it is agreed that Aboriginal people need to be – ensure that the details at this stage are employed for the works, this is to be done in entered in the database; accordance with the Employment Protocol. – complete a NPWS Site Record Card for the site if it has not previously been recorded in the NPWS system; – arrange for the burial to be protected: – if it is a single burial or a small cluster of burials, it is to be covered with sandbags;

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Protocol for the Maintenance of • The Cultural Heritage Manager should Existing Burial Protection Works at arrange to meet periodically with the Lake Victoria community to advise them of maintenance works which have been undertaken or which Objective are planned. This should be arranged through To ensure the continued effectiveness of existing the Liaison Officer at the Dareton Local burial protection works. Aboriginal Land Council.

General Employment Requirements This protocol is to be followed where a site If the Cultural Heritage Manager needs inspection, either by the Cultural Heritage assistance to repair any existing burial protection Manager, the NPWS Aboriginal Sites Officer or works, the matter should be discussed with the anybody else, raises concern about the ability of Lake Superintendent and the Manager River the existing burial protection works to provide Murray Operations Unit to determine the level adequate protection. of practical support and resources required. If it is agreed that Aboriginal people need to be Procedure employed for the works, this is to be done in • The Cultural Heritage Manager is to carry accordance with the Employment Protocol. out a detailed inspection of the burial protection works in question. •If, in the Cultural Heritage Manager’s opinion, the protection works will continue to protect the burials through the next fill/empty cycle of the Lake, it will be up to the Cultural Heritage Manager to decide if they need to be repaired straight away or left for another year. •If, in the Cultural Heritage Manager’s opinion, it is decided to leave the burial protection works for another year, a photograph of the burial mound, with its identifying number, is to be added to the database before it goes under water again. •If, in the Cultural Heritage Manager’s opinion, the protection works are sufficiently deteriorated, the Cultural Heritage Manager will arrange for the mounds to be repaired. •Repairs are to be carried out to bring the protection mounds back to the original design. •A photograph of the repaired mound, with its identifying number, is to be added to the database.

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Lake Victoria Field Code of shell middens and hearths, and scarred trees Conduct are protected under the NSW NPW Act. •No Aboriginal relics are to be removed from Objectives the Lakeshore by any person except where •To ensure that all persons visiting or working authorised as part of the burial protection at Lake Victoria understand their legal program or a specific research project, in obligations regarding Aboriginal and historic accordance with the NPWS s87 Permit. relics. •No Aboriginal relics should be moved from •To ensure that all persons visiting or working one place to another at Lake Victoria except at Lake Victoria behave in ways that are where authorised as part of the burial respectful to the significance of the cultural protection program or a specific research heritage. project in accordance with the NPWS s87 •To ensure that no Aboriginal and historic Permit. relics are damaged either by visitors or during •In special cases, it may be appropriate under research, fieldwork, monitoring and Aboriginal tradition to move Aboriginal relics protection works. from one place to another at the Lake or •To ensure that Aboriginal and historic relics elsewhere e.g. for safe-keeping or for spiritual are not removed from their locations except reasons. This can only be done with the when in accord with procedures set out in authorisation of the all Aboriginal this protocol as approved by the Lake Victoria representatives on the Advisory Committee. Advisory Committee. • All material items on the Lakeshore (e.g. 71 •To ensure that monitoring and research pieces of stone, bone) should be assumed to programs are not unintentionally disturbed or be Aboriginal or historic relics. No items are jeopardised. to be collected for the purpose of finding out Who the Protocol applies to whether they are protected relics; rather the location should be recorded and the Lake •All staff of the MDBC, SA Water, DLWC Victoria Cultural Heritage Manager advised. and NPWS working at Lake Victoria. •Any Aboriginal cultural material removed •Consultants of the MDBC, SA Water, DLWC from the Lakeshore in the past should be and NPWS employed in any way at Lake returned to the Lake Victoria Cultural Victoria. Heritage Manager for recording and •Contractors of the MDBC, SA Water, DLWC safekeeping, and if possible, for return to its and NPWS employed in any way at Lake original location. Victoria. •Members of the Lake Victoria Advisory Historic relics Committee and the Aboriginal community. •Historic relics are protected under the •Landholders of land around the shores of Heritage Act. This includes all material around Lake Victoria. the Lakeshore, including all material at the old house sites (bricks, glass, ceramics etc.), •All approved visitors to Lake Victoria. old bottles, the telegraph posts and aircraft Aboriginal Relics fragments and shells. •All Aboriginal relics, including Aboriginal •No historic relics are to be removed from the burials and fragmentary human bones, stone Lakeshore by any person except where artefacts, glass artefacts, shell midden and authorised as part of a conservation program fireplaces and animal bones associated with or a specific research project, in accordance

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with a permit from the NSW Heritage and parking bays behind the Frenchmans Branch (This cannot be authorised by NPWS Islands, but they must remain on the in the s87 Permit). constructed surface of the roads and bays and •No historic relics should be moved from one not travel or park off them. place to another at Lake Victoria unless •In specific circumstances, for example during authorised as part of the burial protection major construction of protection works, larger program or a specific research project in vehicles such as bobcats, dump trucks and accordance with a permit from the NSW excavators may be permitted in certain areas. Heritage Branch (This cannot be authorised Use of such vehicles will be restricted to by NPWS in the s87 Permit). specific programs and must be justified and approved during the planning. •In special cases, it may be appropriate to remove historic relics from the Lakeshore e.g. •When 4WD bikes and trailers are used on the if they are in danger of immediate physical Lakeshore, care must be taken to avoid damage or theft (this would apply to coins, driving on any exposures of cultural material and other collectable items and to very fragile (palaeosols, shell middens, stone artefact items). This can only be done with the scatters and historic sites) by keeping as far as authorisation of the Lake Victoria Cultural possible to areas where there is a cover of fresh Heritage Manager. sand cover or dense ground vegetation e.g. thick grass. • All material items on the Lakeshore (e.g. pieces of brick, bottles etc.) should be •When repeated trips are made to a particular assumed to be historic relics. No items are to locality, vehicles should follow pre-existing be collected for the purpose of finding out wheel tracks to minimise the number of tracks across the beach. However, if after whether they are protected relics; rather the repeated traffic, a track is found to be location should be recorded and the Lake disturbing heritage material, the Lake Victoria Victoria Cultural Heritage Manager should be Cultural Heritage Manager should be advised advised. so that an alternate route can be found, or • Any historic cultural material removed from protection works undertaken. the Lakeshore in the past should be returned to the Lake Victoria Cultural Heritage Monitoring and research programs Manager for recording and safekeeping, and if •No fences, posts, pegs, flags, signs or other possible, for return to its original location. markers around the Lakeshore are to be removed or shifted. A map and register of all Vehicles markers etc. will be held at the SA Depot to •No vehicles are to be driven on the Lakeshore identify the purpose (survey, monitoring or below 27 m except for approved 4WD research) of any particular fences, posts, pegs, motorbikes and trailers, with the following or flags (this is not yet available). exceptions: • The proposed location of any approved • Landholders and government agency workers, fences, posts or pegs must be approved by the in pursuit of their normal operations such as Lake Victoria Cultural Heritage Manager in maintenance of fences, mustering stock, or order to avoid damage to cultural heritage. monitoring piezometers, may use vehicles This may involve consultation with NPWS appropriate to the task at hand, but should staff and elders from the Advisory exercise caution and observe the guidelines Committee. 72 outlined below. •In order to avoid confusion and damage to •All vehicles are permitted on the made roads cultural heritage, no fences, posts, pegs etc.

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must be placed on the Lakeshore unless they Disseminating the Code of Conduct are part of an approved monitoring or •An information leaflet will be distributed to research program. all relevant government employees, offices, •Do not enter, walk or drive on any transects landholders and visitors. or exclosures marked or enclosed by fence, •A clause covering the Code of Conduct will posts, pegs or flags, except for the purposes of be included in the contract of consultants and recording or surveying the areas. contractors, including Aboriginal employees. •When surveying, recording or photographing any marked or fenced transect or exclosure, keep ground disturbance to a minimum, either by remaining outside the area or limiting the number of people who move inside. Particular care must be taken to avoid ground disturbance by walking or standing near posts or pegs many of which are used to measure erosion by monitoring changes in ground height. •Do not pick or remove any flowers or plants in or near fenced or marked transects and exclosures. •Projects that require the digging of holes for 73 environmental research (e.g. sediment and salinity studies), or management purposes (e.g. fencing) must be cleared with the Lake Victoria Cultural Heritage Manager to ensure that cultural heritage is not disturbed.

General •Lunch or rest camps must not be set up on or near areas where there are surface exposures of heritage material, or on burial grounds even where these have been covered with sand. •Fires must not be lit on or near surface exposures of heritage material or on burial grounds. •Do not leave any rubbish anywhere on the Lakeshore or dig a hole to bury rubbish. Take all rubbish back to the SA Water Depot and dispose in rubbish bins there. •Portable toilets will be provided wherever there is a substantial work project on the Lakeshore. Otherwise, care should be taken to move well away from any Aboriginal or historic cultural material, and when digging toilet holes.

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APPENDICES Appendix 1: S87 Permit and S90 Consent and Conditions

SECTION 87 PERMIT

NATIONAL PARKS & WILDLIFE ACT 1974

For a complete transcript including the Section 87 Permit Conditions, refer to the Clause 91 Determination Report, Under Part 5 of the Environmental Planning and Assessment Act (1979), “Lake Victoria: Finding the Balance, Environmental Impact Statement”, NSW National Parks and Wildlife Service. 75

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SECTION 87 PERMIT CONDITIONS 1.4.5 Qualifications/Experience of Persons doing Monitoring, Research or TABLE OF CONTENTS Survey Note: Sections A and B only are included for 1.5 Environmental Manager reference. For a complete transcript of the Section 1.6 Protection of Significant Sites 87 Permit (including the conditions) refer to the Clause 91 Determination Report, Under Part 1.6.1 Notification of newly-discovered 5 of the Environmental Planning and burials Assessment Act (1979), “Lake Victoria: 1.6.2 Protection of Burials and significant Finding the Balance, Environmental Impact sites required Statement”. 1.6.3 Burials unable to be protected in situ A. INTRODUCTION 1.7 Protection of Native Flora and Fauna B. INSTRUMENT 2. Plans for Management of Impacts within C. SPECIAL CONDITIONS PERTAINING Lake Victoria TO THE OPERATION OF 2.1 Cultural Landscape Management Plan LAKE VICTORIA 2.1.1 Specifications for Cultural 1. General Landscape Management Plan 1.1 Preamble 2.1.2 Approval of Cultural Landscape 1.2 Lake Victoria and the Barkindji Management Plan community 2.1.3 Annual Review of Cultural 1.2.1 Role of Barkindji Community in Landscape Management Plan Lake Management 2.2 Conservation Strategy for Cultural 1.3 Lake Victoria Advisory Committee Heritage 1.3.1 Role of the Lake Victoria Advisory 2.2.1 Specifications for Conservation Committee and its role in Strategy Management 2.3 Vegetation Strategy and Management 1.3.2 Annual Reporting and Review 2.3.1 Vegetation Strategy Process 3. Management of Impacts of the Activity 1.3.3 Informing the Community about within Lake Victoria Cultural Heritage 3.1 Impacts on Cultural Heritage 1.4 General Conditions for Survey, Monitoring, Research and Protection 3.1.1 Management actions required in Works each Threat Zone 1.4.1 Approval of Monitoring, Survey and 3.1.2 Research into Cultural Heritage Research Strategies/Plans required of MDBC 1.4.2 Approval of protection works 3.1.3 Monitoring of Impacts to Cultural Heritage 1.4.3 Appropriateness of Cultural Heritage Research 3.1.4 Management of Erosion Affecting 1.4.4 Approval of Research Plans for Relics 76 Cultural Heritage 3.2 Impacts on the Natural Environment

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3.2.1 Monitoring of Impacts of Lake 4. Prevention and Management of Impacts on Operation on Lakeshore vegetation areas outside Lake Victoria affected by the under the Vegetation Strategy Activity 3.2.2 Interim Monitoring of Impacts on 4.1 General Lakeshore Vegetation 4.2 Definition and Monitoring of Impact 3.2.3 Standards for Acceptable Impact on 4.2.1 Groundwater Management Report Lakeshore Vegetation 4.2.2 Natural Environment Management 3.2.4 Source of Vegetation for Report Revegetation and Rehabilitation 4.2.3 Cultural Heritage Management 3.2.5 Monitoring of Impacts of Lake Report Operation on Fauna as part of 4.2.4 Notification and Management of Cultural Landscape Management Groundwater Impacts Plan 4.2.5 Negotiation with Landholders 3.2.6 Interim Monitoring of Impacts on Fauna 4.2.6 Revision of area covered by Impact Management Strategy 3.2.7 Monitoring of Waterbirds and Threatened Species 4.2.7 Monitoring and Management of Impacts to Native Vegetation 3.2.8 Monitoring and Management of Non-Native Animals 4.2.8 Assessment of Reporting of Impacts on Fauna (or their Habitats) 3.2.9 Monitoring of Aquatic 77 Environments 4.3 Water Quality in the Murray 3.2.10 Interim Monitoring of Aquatic 5. Non-compliance with Permit Environments 6. Lake Operation below 24.5 metres— 3.2.11 Biological Monitoring of Aquatic prevention and management of impacts on Environments areas described in Schedule B 3.3 Access and Use of the Lake 6.1 Aboriginal Cultural Heritage below 24.5 metres – 6.1.1 Identification of Aboriginal 3.3.1 Implementation of Access Protocol Cultural Heritage 3.3.2 Use of Powered Boats on the Lake 6.1.2 Protection of Aboriginal Cultural 3.3.3 Management of Other Activities Heritage 3.4 Landholders and Co-operative 7. Lake Operation above 24.5 metres Management 7.1 Operation in Accord with the Cultural 3.5 Monitoring and Management of Landscape Management Plan Water Quality 7.2 Operation for short-term storage of 3.5.1 Monitoring of Water Quality within “unplanned” flows the Lake and supply channels 7.3 Operation for environmental 3.5.2 Management of Impacts on Water management Quality within the Lake 7.4 Interim operation above 24.5 metres 7.4.1 Approval of Interim Operation D. GENERAL TERMS AND CONDITIONS FOR S87 PERMITS AND S90 CONSENTS

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E. SPECIFIC CONDITIONS APPLYING TO THE CONSENT F. APPENDICES 1. Management Actions required in each Threat Zone. 2. Methods to be considered for erosion monitoring. 3. Minimum Requirements for Monitoring of Vegetation within Lake Victoria. 4. Minimum Conditions for survey of vegetation in areas outside Lake Victoria potentially affected by Lake operation. 5. Minimum requirements for monitoring of impacts of Lake operation on vegetation in areas outside Lake Victoria potentially affected by Lake operation. 6. Minimum requirements for baseline survey of fauna in areas outside Lake Victoria potentially affected by Lake operation. 7. Minimum Requirements for monitoring of impacts of Lake operation on fauna in areas outside Lake Victoria potentially affected by Lake operation. 8. Requirements for archaeological research at Lake Victoria.

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A. INTRODUCTION surface of the Lakeshore against erosion by also by restoring an important component of the Please note that this introduction does not form significance of the Lake to Barkindji people. part of the Permit, but is merely provided to give some background and introduction to the Permit Ensuring the active involvement of the Barkindji conditions. people in the decision-making process about the future management of the Lake is an important Lake Victoria is of exceptionally high spiritual aspect of this determination. significance to Barkindji Aboriginal people. The extensive burials and the natural landscape of the The principle of risk minimisation underlies this Lake are important components of its determination. The determination has to be significance. There is also rich and extensive inherently precautionary because the strategies to evidence of Aboriginal occupation at Lake minimise and prevent environmental risks that it Victoria spanning the past 18 000 years. is based upon have not yet been put in place and demonstrated to work at the Lake. Furthermore, The National Parks and Wildlife Service’s the information about the environment at the analysis of the environmental impact statement Lake is still incomplete, and many of the and the associated information has found that environmental processes affecting the Lake and operation of Lake Victoria as an artificial water its surrounds are not yet well understood. storage has had a significant impact on the Aboriginal cultural heritage of the Lake, and on These environmental processes are ongoing, and the environment in and around the Lake, there would be adverse environmental, social and including significant disruption to the regional economic consequences of suspending either the groundwater balance, resulting in extensive land determination decision itself, or the management 79 salinisation in low-lying areas around the Lake. of the Lake and its environment, until all Ceasing operation of the Lake by desirable information and understanding is decommissioning it as a water supply facility available. Therefore, the approach taken in this however, also appears likely to have adverse determination is to: environmental impacts. The available evidence • set initial conditions for limited Lake indicates that such an action could result in the operation so as to minimise the risk of Lake becoming a discharge point for regional environmental impact; groundwater, leading to both the Lake and its •require further information gathering and surrounds becoming progressively saline. This planning of the management of the Lake and would particularly have an adverse impact on the its environment before full operation can ecology of the Lake and the quality of the water resume; in the Murray River downstream of the Lake. •require ongoing monitoring of the The analysis has found that it is probable that environmental responses to the changes in the Lake can be operated sustainably in such a environmental management; and way that the risk of significant impact on Aboriginal cultural heritage and other aspects of • establish a process by which to feed this the environment can be minimised. This increased knowledge and understanding back involves managing the levels of the Lake to allow into the general conditions for Lake operation re-establishment of the native wetland vegetation so as to allow more flexibility and that was previously killed by prolonged responsiveness as the ability to prevent inundation following regulation of the Lake as a significant environmental impact improves. water storage. Re-establishing the natural The conditions contained in the section 87 landscape of the Lake aims to reduce impacts of Permit and section 90 Consent require the the Activity by not only stabilising the ground Murray Darling Basin Commission to:

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•prepare a Cultural Landscape Management eight years from the date of this Permit. Until Plan, including a Vegetation Strategy and a this Plan is approved, there is provision for the Conservation Strategy, for approval by the MDBC to apply to the Director-General for end of June 1999, which has as a major focus interim approval to operate the Lake above 24.5 ensuring revegetation of the Lakeshore to metres, subject to the conditions covering such protect the Aboriginal cultural heritage by interim operation. At the completion of the stabilising the soil surface and preventing eight year period, the MDBC and the Service ongoing erosion; will reassess the situation. • significantly change the operation of Lake Victoria from previous operating regimes in accord with the approved Vegetation Strategy and to enable the use of the Lake for the essential storage of water where this is not incompatible with protection of the Aboriginal cultural heritage through revegetation; • establish a comprehensive survey, research and monitoring program and annual reporting mechanism to the Aboriginal community, the Lake Victoria Advisory Committee and the Director-General to ensure compliance with the section 87 and 90 conditions; •formalise the role of Barkindji community elders in decision-making about the protection and management of their heritage and of the Lake’s landscape, and the carrying out of associated management and protection works; and •formalise the role of the Lake Victoria Advisory Committee, including Barkindji elders but also local landholders and government agency representatives, in the planning and management of the Lake. No section 90 Consent has been sought for burials, and none is given. The Service will continue to exercise the provisions of its Act concerning the protection of burials. The Permit and Consent are issued for a period of eight years for operation of the Lake at or below 24.5 m subject to the accompanying relevant conditions. Once the Cultural Landscape Management Plan has been approved, operation of the Lake above 24.5 metres and up to 27 metres will be permissible in accord with 80 the Plan and the permit conditions for up to

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B. INSTRUMENT

PERMIT #: (HO use only)

PERMIT TO COLLECT, DISTURB AND/OR EXCAVATE FOR THE PURPOSE OF SALVAGE OF ABORIGINAL RELICS

WHEREAS the Aboriginal relics described in Schedules “A” and “C” are situated upon the land described in Schedules “B” and “C”, and constitute relics for the purpose of section 87 of the National Parks and Wildlife Act 1974, and WHEREAS application has been made by

Murray Darling Basin Commission Fujitsu House 7 Moore St CANBERRA 81 ACT 2601

FOR PERMIT for the disturbance or movement, as per section 86(b) of the relics listed in Schedule A, AND, salvage collection and/or excavation, as per section 86(a) of the relics described in Schedule C in the course of: the operation of Lake Victoria

NOW I, Brian John Gilligan, Director-General of National Parks and Wildlife, having considered the environmental impact of the Activity DO HEREBY PERMIT, under section 87 of the said Act and in accordance with the said Conditions, the disturbance or movement, as per section 86(b) of those relics listed in Schedule A, AND, salvage collection and/or excavation, as per section 86(a) of the relics described in Schedule C.

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DEFINITIONS The following definitions apply to terms used in these conditions “the Activity” is as follows: operating the Lake including diverting water into the Lake up to a maximum of the Full Supply Level and drawing it down, and including the use of its supply channels “Director-General” means the Director-General of National Parks and Wildlife “ECs” are units for measuring salinity of water, expressed as a level of electro-conductivity “E.P. & A. Act” is the New South Wales Environmental Planning and Assessment Act, 1979 “E.P. & A. Regulation” is the New South Wales Environmental Planning and Assessment Regulation, 1994 under the E.P .& A. Act “flora” and “fauna” are as defined in the NP & W Act, 1974 “full supply level” means the water being held in Lake Victoria at a height of 27 metres “the Lake” means Lake Victoria, and refers to the water in the Lake itself, and the lake bed up to the height of 27 metres. This includes any exposed area of the Lakeshore below 27 metres, regardless of the water level at the time. “Lakeshore” means the bed of the Lake below 27 metres elevation and above the current water level in the Lake “Lake Victoria Advisory Committee”, “the Advisory Committee” refers to the Committee set up under the Lake Victoria Framework Agreement, between the MDBC, the NSW National Parks and Wildlife Service, the NSW State Aboriginal Land Council, the NSW Department of Land and Water Conservation, and South Australian Water Corporation, and as formalised following the conditions hereunder. “MDBC” is the Murray–Darling Basin Commission “N.P. & W. Act” is the New South Wales National Parks and Wildlife Act, 1974 “native” where it describes flora or fauna refers to those species that occur naturally in the local area of Lake Victoria “priority areas” means to those areas identified as having the highest priority for protection by revegetation and/or other means in the Cultural Landscape Management Plan “relic” as defined by the NPW Act (1974) is any deposit, object or material evidence relating to indigenous and non-European habitation of the area that comprises New South Wales, being habitation both prior to and concurrent with the occupation of that area by persons of European extraction, and includes Aboriginal remains. “supply channels” refers to Frenchmans Creek downstream of the Inlet Regulator to the Lake, and the Rufus River between the Lake and the Murray River “Threat Zones” are as described in the Lake Victoria EIS Background Report No. 1 (The Cultural Heritage of Lake Victoria), and listed in Schedule B of this Permit “threatened species” is as defined in the TSC Act, 1995 “T.S.C. Act” is the New South Wales Threatened Species Conservation Act, 1995 “24.5 metres”, “27 metres” and other heights referred to in these conditions are elevations above the Australian Height Datum “unplanned flows” are flows in the Murray River upstream of the Lake which have not arisen through planned release of water from upstream storages for use in Lake Victoria. They include: • natural flows from unregulated catchments between the upstream storages and the Lake 82 (principally the Ovens and Kiewa Rivers), and •flows from upstream storages intended for usage upstream, but which have remained in the Murray for one reason or another ( principally “rain rejections” from the Murray irrigation areas)

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TERMS AND CONDITIONS OF THIS PERMIT

The Permit is issued subject to Special Conditions pertaining to the operation of Lake Victoria in Section C, Specific Terms and Conditions pertaining to the Permit in Section E and the General Terms and Conditions covering archaeological Permits and Consents in Section D. All of these conditions are detailed in the attached pages. DATED at Sydney this 27th day of August, 1998

Director-General of National Parks and Wildlife

SCHEDULE A: Description of Relics covered by this section 87 Permit Shell middens, stone artefacts and fireplaces (including faunal materials associated with these features), as described in the Application for Consent and Permit to Salvage dated 10th July, 1998 as amended by the Murray Darling Basin Commission on 6th August, 1998, which is based on the Lake Victoria Environmental Impact Statement, Finding the Balance, dated March 1998. SCHEDULE B: 83 Location of Relics covered by this section 87 Permit The Lakeshore of Lake Victoria below 27 m and areas of cliff at 27 m rising to 29–30 m. The section of Frenchmans Ck between Banks 8, 9 and 10, and Banks 1 (from the Control Regulator to Scaddings Bridge) which is inundated when the Lake is at 27 m. Within the area described above, the relics covered by this Permit are found in the following Threat Zones as described in the Lake Victoria EIS Background Report No. 1 (The Cultural Heritage of Lake Victoria): Western Beach: 22 sites Northern Beach: 1 zone Eastern Beach: 11 midden zones Southeastern Beach: 4 midden zones Talgarry Barrier Snake Island Rufus River–Frenchmans Ck: 4 zones Western Frenchmans Islands Eastern Frenchmans Islands Frenchmans and Rufus Channels outside the lake bed

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SCHEDULE C: Actions and locations covered by this section 87 Permit The following actions as per section 86(b): • the disturbance or movement of those relics listed in Schedule A, and;

The following actions as per section 86(a): •the salvage collection and reburial of loose human bone fragments; • salvage collection and reburial of burials, subject to the written agreement of the Director-General specified in Condition 14; and •excavation of relics in the course of research as specified in Conditions 8 and 22 below, but not including burials;

are PERMITTED within the following Threat Zones as described in the Lake Victoria EIS Background Report No. 1 (The Cultural Heritage of Lake Victoria):

Western Beach: 22 sites Northern Beach: 1 zone Eastern Beach: 11 midden zones South-eastern Beach: 4 midden zones Talgarry Barrier Snake Island Rufus River–Frenchmans Ck: 4 zones Western Frenchmans Islands Eastern Frenchmans Islands Frenchmans Creek channel outside the lake bed, including the area of salinised land to the east of Lake Victoria

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SECTION 90 CONSENT

NATIONAL PARKS & WILDLIFE ACT 1974

LAKE VICTORIA

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CONSENT CONDITIONS 6.2 Specific Condition 7. General Principles of the Cultural Landscape Plan of Management TABLE OF CONTENTS 7.1 General Conditions 7.1.1 Development of the Cultural A. INTRODUCTION Landscape Management Plan B. INSTRUMENT 7.1.2 Specifications for the Cultural Landscape Management Plan Schedule A 7.1.3 Conservation of Significance Schedule B 7.2 Specific Condition C. PARTICULAR CONDITIONS 8. Strategies for Revegetation PERTAINING TO THE OPERATION OF LAKE VICTORIA 8.1 General Condition 1. Lake Victoria Advisory Committee and 8.2 Specific Condition Community Relations 9. Research Activities 1.1 General Conditions 9.1 General Condition 1.1.1 Lake Victoria Advisory Committee 9.2 Specific Condition 1.1.2 Communication with the Advisory 10. Monitoring Cultural Heritage Committee and the Aboriginal 10.1 General Condition Community 10.2 Specific Condition 1.1.3 Aboriginal Involvement in 11. Monitoring Burial Protection Works Management of Lake Victoria 11.1 General Condition 1.1.4 Communication with the broader community 11.2 Specific Condition 1.2 Specific Condition 12. Understanding, Assessing and Monitoring the Environment, Impacts and Mitigation 2. Cultural Landscape Plan of Management Actions 2.1 General Condition 12.1 General Condition 2.2 Specific Condition 12.2 Specific Condition 3. Geographical Scope 13. Monitoring Vegetation 3.1 General Condition 13.1 General Condition 3.2 Specific Condition 13.2 Specific Condition 4. Approval Processes 14. Managing Non-Native Fauna 4.1 General Condition 14.1 General Condition 4.2 Specific Condition 14.2 Specific Condition 5. Reporting Processes 15. Monitoring Water Quality 5.1 General Condition 15.1 General Condition 5.2 Specific Conditions 15.2 Specific Condition 6. Communication and Access Strategy 86 16. Lake Operations 6.1 General Condition 16.1 General Condition

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16.2 Specific Conditions 17. Interim Operation of the Lake 17.1 General Condition 17.2 Specific Condition 18. Impacts on Areas Outside of the Lake 18.1 General Condition 18.2 Specific Conditions

D. SPECIFIC TERMS AND CONDITIONS FOR S90 CONSENTS Condition 19 Condition 20 Condition 21 Condition 22 Condition 23 Condition 24 Condition 25 87 Condition 26 Condition 27

E. SPECIFIC CONDITIONS APPLYING TO THE CONSENT Condition 28 Condition 29 Condition 30

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A. INTRODUCTION The MDBC has stated that it recognises the significance of the Lake to the Aborigines and This introduction does not form part of the acknowledges there is potential to cause damage Consent, but is provided to give some background to Aboriginal relics or to exacerbate foreshore and introduction to the Consent conditions. erosion which may damage the Lake Lake Victoria is of exceptionally high spiritual environment as an Aboriginal place. Due to the and cultural significance to Aborigines, need to continue the operation of Lake Victoria particularly the Barkindji Aboriginal people. as a water storage, the MDBC applied to the There is extensive evidence of Aboriginal Director-General of the NSW National Parks occupation at Lake Victoria spanning the past and Wildlife Service in April 1998 for consent to 18 000 years. The presence of large numbers of destroy, deface or damage an Aboriginal burials and the natural landscape of the Lake and relic/place under Section 90 of the National its environs are important components of the Parks and Wildlife Act, 1974, as well as a Permit spiritual and cultural significance. As such, to disturb relics under Section 87 of the Act. reports or publications associated with Lake Victoria may be culturally sensitive. Any The application did not seek permission to culturally sensitive information is to be managed destroy, deface or damage or any burials. All according to the wishes of its owners (the known in situ burials at Lake Victoria have been Barkindji People). Any reports or publications protected by extensive sand nourishment and containing culturally sensitive information must protection works. Where it has not been be referred to the Barkindji Elders Committee practical to protect the burials in situ, the prior to its release and their advice sought Barkindji elders have agreed to removing the regarding distribution of the information. remains and reburying them in the dedicated reburial cemetery established for this purpose. Lake Victoria is also a major water storage Any currently unknown burials which may be operated by SA Water on behalf of the identified in the future will be protected or Murray–Darling Basin Commission (MDBC) removed and reburied with consultation and in accordance with the Murray–Darling Basin approval of the elders . Agreement. Water storage infrastructure, including a system of regulators, channels and In support of the application, the MDBC levees which were originally constructed in the prepared an extensive Environmental Impact 1920s allows water to be diverted into the Lake Statement (EIS). The EIS identified that the from the River Murray via Frenchmans Creek continuing operation of the Lake as a water and released from the Lake back to the River storage has had significant impacts upon the Murray via the Rufus River. Aboriginal cultural heritage and the environment in and around the Lake. The EIS identified Lake Victoria is used to conserve water for further that, together with the regulation of the subsequent use as well as manage impacts of River Murray, the operation of Lake Victoria has downstream flooding. Releases are made from also had an adverse impact on the surrounding Lake Victoria to supplement flows in the River environment, particularly the floodplain east of Murray to meet South Australia's entitlement the Lake. The main impacts have included flow, to assist in mitigating the impacts of waterlogging caused by constant inundation and surface water salinity and to provide enhanced land salinisation caused by rising groundwater. environmental flows in the Murray. Lake Victoria has a critical role in the conservation The EIS identified that decommissioning the and management of water resources in the Lake as a water storage would have significant Murray–Darling Basin and provides significant environmental impacts. The Lake would be 88 socio-economic benefits to communities expected to become a groundwater discharge throughout the Murray Valley, including NSW, area, resulting in salinisation of the bed of the Victoria and South Australia. Lake and surrounding areas. This would

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significantly and adversely impact upon the Victoria. As more information is collected and ecology of the Lake, any Aboriginal relics located the environmental processes which are affecting on the bed of the Lake and the water quality of the Lake and surrounding land are better the River Murray downstream of the Lake. Any understood, the operating and management relics, particularly any unidentified and strategies will be reviewed. unprotected burials, may also be at risk from Most importantly, the management of Lake damage to a greater extent than would occur Victoria must ensure the active involvement of under an operating regime which includes Aboriginal people in the decision making process regular and periodic inundation. concerning the operations and future In its consideration and assessment of the management of Lake Victoria. Similarly, the information provided within the EIS, the NSW broader community, including local landholders National Parks and Wildlife Service has must be involved in the management of the Lake concluded that Lake Victoria may continue to be and river system. operated as a major water conservation and The objectives for the management of Lake storage facility while minimising potential Victoria are to balance the cultural, spiritual, damage to Aboriginal relics or to the foreshore of social, economic and environmental values of the the Lake. This would be possible by combining Lake. This will be done through investigations, the re-establishment and maintenance of operational changes, implementation of on- vegetation together with strategic management ground works and greater community of Lake water levels to stabilise the surface of the involvement in management to improve the environment of Lake Victoria. foreshores of the Lake and provide protection 89 against erosion. The establishment of the native To this end, the Conditions of the Consent vegetation on the foreshore and littoral zone will under which the MDBC will continue to contribute to the restoration of the natural values operate Lake Victoria as a major water storage of the Lake and will constitute more appropriate are focused on: management of the Lake as a significant place to • formalising the role of the Aboriginal Aborigines. community elders in decision-making about In reaching a decision on the continued the protection and management of their operation and management of Lake Victoria as a heritage at Lake Victoria by the establishment water storage, the Director-General considered of a Lake Victoria Advisory Committee. the need for conservation and protection of the Wherever possible, conservation and natural environment of Lake Victoria and its protection works will be undertaken by surrounds, as well as the substantial ongoing members of the local Aboriginal community; social and economic benefits provided to • establishing a communications strategy which communities throughout the Murray Valley by actively involves the Aboriginal community appropriate water conservation and supply and whom have historic and traditional ties to the the exceptionally high spiritual and cultural Lake, and wider community interests significance of the Lake to the Barkindji including land owners and water users who Aboriginal people. benefit from the water supply provided from Revegetation of the Lake foreshore and littoral the Lake; zone, and a revised operating strategy are •preparing a Cultural Landscape Plan of intended to minimise the risk and extent of any Management which recognises the future impact upon the environment of Lake significance of the Lake Victoria environment Victoria. The management of the Lake must be and its spiritual significance to the Aboriginal adaptive, and provision must be made to ensure people. The plan will provide for work to be all relevant information is available to be undertaken to rehabilitate the natural considered in the ongoing management of Lake environment where possible, to minimise

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further environmental degradation and for The Permit and Consent are issued for a period continued monitoring and reporting; of eight years from August 1998. This will • addressing all the issues which have been enable the operation of Lake Victoria for this raised during the environmental impact period consistent with the accompanying assessment process leading up to this relevant conditions. There will be on-going Consent, through the conditions of the assessment of the operations of the Lake Consent and through the Cultural Landscape throughout the term of the permit and consent. Plan of Management; At the end of the eight year period, the MDBC and the NSW National Parks and Wildlife •changing the previous operational practices at Service will review the continuing operation of Lake Victoria to enable the establishment and Lake Victoria in accordance with the National maintenance of native vegetation on the Parks and Wildlife Act, 1974, the Murray–Darling foreshores and within the littoral zone so as to Basin Agreement 1992 and other relevant legislation minimise potential damage to Aboriginal in consultation with the Aboriginal people and relics or to the foreshore of the Lake as an the community. Aboriginal place; •providing for the continued security of supply to water users in the Murray–Darling Basin that results from operating the Lake as a water storage; and •recognising that the Murray–Darling Basin Commission will continue to operate and manage the Lake in accordance with the relevant NSW legislation and the Murray–Darling Basin Agreement. The conditions have been determined after extensive consultation with a range of stakeholders, including the local Barkindji community with traditional ties to the Lake. The Murray–Darling Commission has shown a considerable willingness to reconcile the potential conflicts between use of the Lake as a water storage, and the conservation of cultural and natural values of the Lake's environment, and has devoted significant resources to implementing protection works for Aboriginal burials at the Lake. Continuing commitment by the Murray–Darling Basin Commission to meeting both the requirements and the spirit of this Consent is likely to result in major long- term benefits to both water management in the Basin and to conservation, particularly of Aboriginal cultural values, as well as setting an example for other similar situations where cultural and economic values clash. 90

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B. INSTRUMENT

CONSENT #:

CONSENT TO CARRY OUT THE DESTRUCTION OF AN ABORIGINAL RELIC/PLACE

WHEREAS the Aboriginal relics described in Schedule "A" are situated upon the land described in Schedule "B", and constitute relics for the purpose of section 90 of the National Parks and Wildlife Act 1974, and WHEREAS application has been made by Murray Darling Basin Commission Fujitsu House 7 Moore St CANBERRA 91 ACT 2601 FOR CONSENT to destroy, damage or deface those relics in the course of: the operation of Lake Victoria NOW I, Brian John Gilligan, Director-General of National Parks and Wildlife, having considered the environmental impact of the Activity DO HEREBY GIVE CONSENT under section 90 of the said Act, and in accordance with the said Conditions, to the said applicant.

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DEFINITIONS

The following definitions apply to terms used in these conditions "the Activity" is as follows: operating the Lake including diverting water into the Lake up to a maximum of the Full Supply Level and drawing it down, and including the use of its supply channels "the Advisory Committee" refers to the Lake Victoria Advisory Committee (see below) "Burra Charter" is The Australia ICOMOS Charter for the Conservation of Places of Cultural Significance "cultural heritage significance" means aesthetic, historic, scientific or social value for past, present or future generations (as described in the Burra Charter) "Director-General" means the Director-General of National Parks and Wildlife "EC Units" are units for measuring salinity of water, expressed as a level of electro-conductivity "elders" are those members of the Barkindji Aboriginal community with traditional or historic ties to Lake Victoria considered by the community to have seniority or cultural authority to represent the community on matters relating to the cultural heritage of Lake Victoria. "E.P. & A. Act" is the New South Wales Environmental Planning and Assessment Act, 1979 "E.P. & A. Regulation" is the New South Wales Environmental Planning and Assessment Regulation, 1994 under the E.P. & A. Act "flora" and "fauna" are as defined in the NP & W Act, 1974 "full supply level" means the water being held in Lake Victoria at a height of 27 metres "the Lake" means Lake Victoria, and refers to the water in the Lake itself and the lake bed, up to the height of 27 metres. This includes any exposed area of the Lakeshore below 27 metres, regardless of the water level at the time. "Lakeshore" means the bed of the Lake below 27 metres elevation and above the current water level in the Lake "Lake Victoria Advisory Committee" refers to the Committee set up pursuant to the Lake Victoria Framework Agreement, and formalised under the Murray–Darling Basin Agreement through the establishment of the Committee. The parties to the Lake Victoria Framework Agreement were the Murray–Darling Basin Commission, the NSW National Parks and Wildlife Service, the NSW State Aboriginal Land Council, the NSW Department of Land and Water Conservation, and South Australian Water. Membership of the Advisory Committee includes representatives of the Aboriginal community, landholders, government agencies and both the State and local Aboriginal land councils. "management zones" are those areas described as Threat Zones, or sub-divisions of same, in the Lake Victoria EIS Background Report No. 1 (The Cultural Heritage of Lake Victoria), and listed in Schedule B of this Consent "MDBC" is the Murray–Darling Basin Commission "N.P. & W. Act" is the New South Wales National Parks and Wildlife Act, 1974 "natural heritage significance" means the importance of ecosystems, biological diversity and geodiversity for their existence value, or for present or future generations in terms of their scientific, social, aesthetic and life-support value (as referred to in the Australian Natural Heritage Charter) 92 "native" where it describes flora or fauna refers to those species that occur naturally in the local area of Lake Victoria

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"priority areas" means to those areas identified as having the highest priority for protection by revegetation and/or other means in the Cultural Landscape Plan of Management "relic" as defined by the NPW Act (1974) is any deposit, object or material evidence relating to indigenous and non-European habitation of the area that comprises New South Wales, being habitation both prior to and concurrent with the occupation of that area by persons of European extraction, and includes Aboriginal remains "supply channels" refers to Frenchmans Creek downstream of the Inlet Regulator to the Lake, and the Rufus River between the Lake and the Murray River "threat zones" refers to "management zones" above "threatened species" is as defined in the TSC Act, 1995 "T.S.C. Act" is the New South Wales Threatened Species Conservation Act, 1995 "24.5 metres", "27 metres" and other heights referred to in these conditions are elevations above the Australian Height Datum "unplanned flows" are flows in the Murray River upstream of the Lake which have not arisen through planned release of water from upstream storages for use in Lake Victoria. They include: • natural flows from unregulated catchments between the upstream storages and the Lake (principally the Ovens and Kiewa Rivers), and • flows from upstream storages intended for usage upstream, but which have remained in the Murray for one reason or another ( principally "rain rejections" from the Murray irrigation areas) 93

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TERMS AND CONDITIONS OF THIS CONSENT

This Consent is issued subject to Special Conditions pertaining to the operation of Lake Victoria in Section C, General Terms and Conditions for S90 Consents in Section D and the Specific Conditions applying to the Consent in Section E. All of these conditions are detailed in the attached pages. DATED at Sydney this 27th day of May, 2002

Director-General of National Parks and Wildlife

SCHEDULE A: Description of Relics covered by this section 90 Consent Shell middens, stone artefacts and fireplaces (including faunal materials associated with these features), as described in the Application for Consent and Permit to Salvage dated 10th July, 1998 as amended by the Murray Darling Basin Commission on 6th August, 1998, which is based on the Lake Victoria Environmental Impact Statement, Finding the Balance, dated March 1998. Aboriginal burials are specifically excluded from this Consent. SCHEDULE B: Location of Relics covered by this Section 90 Consent The Lakeshore of Lake Victoria below 27 m and areas of cliff at 27 m rising to 29–30 m. The section of Frenchmans Creek between Banks 8, 9 and 10, and Bank 1 (from the Control Regulator to Scaddings Bridge) which is inundated when the Lake is at 27 m. Within the area described above, the relics covered by this Consent are found in the following threat zones as described in the Lake Victoria EIS Background Report No. 1 (The Cultural Heritage of Lake Victoria) where they are referred to as Threat zones: Western Beach: 22 sites Northern Beach: 1 zone Eastern Beach: 11 midden zones South-eastern Beach: 4 midden zones Talgarry Barrier Snake Island Rufus River–Frenchmans Creek: 4 zones Western Frenchmans Islands Eastern Frenchmans Islands Frenchmans and Rufus Channels outside the lake bed 94

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C. PARTICULAR CONDITIONS community, the Murray–Darling Basin PERTAINING TO THE OPERATION Commission will ensure that its consultation OF LAKE VICTORIA meets the following standards:

This Consent provides the framework under • all necessary information about an issue is which the Murray–Darling Basin Commission provided in an understandable form, will operate and manage Lake Victoria. Each including appropriate technical advice; condition contains a general part and a specific • sufficient time is allowed for full part. The general part to each condition outlines consideration of the issue and the background the principle and intent for which the condition information; has been developed. The Murray–Darling Basin •sufficient opportunity is provided for the Commission must operate in accordance with elders or committee members to ask questions both the general and specific parts of each or clarify matters about which they are condition. unsure, including access to technical experts 1. Lake Victoria Advisory Committee and where relevant and necessary; Community Relations • sufficient time is allowed for the elders to 1.1 General Conditions consult with the broader Aboriginal 1.1.1 Lake Victoria Advisory Committee community; The role of the Lake Victoria Advisory •support and facilities are provided for Committee is to provide advice and ongoing meaningful community consultation, and; input into decisions about management of Lake • consultation includes all relevant issues as 95 Victoria in accord with the Consent conditions. they arise. The MDBC will ensure that the Committee 1.1.3 Aboriginal Involvement in Management gives a major voice to Barkindji Aboriginal elders of Lake Victoria with traditional and historic affiliations with the Lake. The Murray–Darling Basin Commission The MDBC will ensure that works related to the will consult with the local Aboriginal management of cultural heritage and the cultural community through the Lake Victoria Advisory landscape are undertaken by members of the Committee about the appropriate management local Aboriginal community with traditional and of the cultural heritage at the Lake prior to historical affiliation to the Lake wherever and commencement of all work covered by this whenever possible in order to minimise impacts Consent. The Murray–Darling Basin from inappropriate or insensitive management of Commission will encourage and support the cultural heritage at the Lake. The MDBC will Lake Victoria Advisory Committee in consult the local Aboriginal community through communicating with other Aboriginal groups Advisory Committee members prior to not currently represented on the committee. commencement of work covered by this Consent Such communication will be of a time, place and and the MDBC shall respond to any reasonable style judged as culturally appropriate by the request to involve the Aboriginal community in Aboriginal members of the Committee. The the work. MDBC will also maintain close communication 1.1.4 Communication with the Broader with the landholders adjacent to the Lake. Community 1.1.2 Communication with the Advisory There are a diversity of interests and stakeholders Committee and the Aboriginal involved in Lake Victoria and the MDBC Community therefore will ensure that information about the When communicating with the Lake Victoria management of the Lake is shared with the Advisory Committee and the Aboriginal broader community on an ongoing basis.

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1.2 Specific Condition assessment of the significance of the heritage, The MDBC will formalise the role and status and of the impacts of operation on that heritage, of the Lake Victoria Advisory Committee as and identification of the requirements and an advisory committee under the Murray–Darling constraints affecting that significance, and will Basin Agreement. The MDBC will consider develop policies to retain that significance as far any recommendation by the Lake Victoria as is possible. Over time, as knowledge improves, Advisory Committee to appoint additional the significance, or the understanding of members to the Advisory Committee as either significance, of areas or relics may change. To full members or as observers. accommodate this, the MDBC will ensure that the Lake Victoria Advisory Committee is given 2. Cultural Landscape Plan of the opportunity to request changes to the Management priority for protection or the management given 2.1 General Condition to areas or relics. The cultural heritage of Lake Victoria is The MDBC will ensure that the Cultural recognised as being of exceptionally high Landscape Plan of Management follows the significance to Barkindji Aboriginal people with accepted conservation planning processes, which traditional and historic affiliation to the Lake. It are adaptive, that is, they include monitoring is also highly significant for the broader and the ability to adapt management to meet Australian community at a national level. The changing conditions, and which apply to both cultural heritage of Lake Victoria includes the cultural and natural heritage management. The landscape as a whole, Aboriginal relics, protected MDBC will also ensure that the planning under the National Parks and Wildlife Act, 1974, process is responsive to the values and interests historic relics and places, protected under the of the wide variety of stakeholders involved in Heritage Act and natural features and processes cultural and natural heritage management in the of the landscape. area. The MDBC will ensure that the planning process is able to incorporate data and research The MDBC will minimise disturbance of results from the monitoring and investigation of Aboriginal relics and impacts on the environmental processes which affect heritage environment to the greatest extent possible management, as well as respond to new issues as through appropriate future operation of the Lake values held by society change. The MDBC must and management of the landscape. The MDBC involve professional conservation planners in the will minimise impacts to Aboriginal relics and to development of the Plan as an important part of the environment by, inter alia, preparing and the process. implementing a Cultural Landscape Plan of Management. 2.2 Specific Condition The MDBC will prepare the Cultural Landscape A Cultural Landscape Plan of Management Plan of Management with the objective of will be developed and implemented by the setting in place an appropriate management MDBC using appropriately qualified persons. regime that both minimises any environmental The MDBC will put the Cultural Landscape impacts, and conserves and manages cultural and Plan of Management in place by 31 January natural heritage values. The MDBC will ensure 2000, unless extended by the Director- that the primary focus of the Cultural Landscape General in writing. The MDBC will develop Plan of Management is to monitor and manage the Plan in accord with the principles of the the impact of the operation of Lake Victoria as a Burra Charter, the Draft Guidelines for the water storage on the Lake environment, and on Management of Aboriginal and Torres Strait 96 its cultural and natural heritage values. The Islander Heritage, the Australian Natural MDBC will base the Plan on ongoing Heritage Charter and the conditions of this

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Consent. The MDBC will use the Plan to 3.2 Specific Condition govern the proposed management of the Lake The MDBC will develop and implement the for the remainder of the eight-year period of Cultural Landscape Plan of Management to this Consent.. The MDBC or the NPWS may encompass the area described in "Schedule B" change the plan to address any emerging plus the Lake and its bed, Frenchmans Creek issues following consultation and agreement downstream of the Inlet Regulator and its between the two parties and having advised bed, and when drafting or revising the Plan the Lake Victoria Advisory Committee the MDBC will take into consideration the (LVAC) of the proposed change and other land and water management plans in considered any comments the LVAC may the area. All of the area around Lake Victoria make. that is likely to be affected by the operation of 3. Geographical Scope the Lake must be captured by either the Cultural Landscape Plan of Management or other plans 3.1 General Condition relevant to the area. The MDBC will draft the Cultural Landscape Plan of Management to cover all of the area 4. Approval Processes described in "Schedule B", plus the Lake and its 4.1 General Condition bed, Frenchmans Creek downstream of the Inlet The MDBC will ensure that the Cultural Regulator and its bed. The Plan will encompass Landscape Plan of Management is an adaptive all of the "Threat Zones" described in the Lake plan encompassing the broad range of activities Victoria EIS Background Report 1, which will conducted or permitted by the MDBC at the be called Management Zones for the Lake and any related impacts thereof. To ensure 97 development and implementation of the that this is possible, the MDBC will include Cultural Landscape Plan of Management. It is monitoring of the impacts of the operation of recognised, however, that the Plan is also part of the Lake and of the management of the cultural a broader range of land and water management landscape in the Plan. The MDBC will also planning processes, including the Lake Victoria include in the Plan details of how it will respond Rangelands Management Action Plan and the to issues revealed by the monitoring. The Lower Murray–Darling Rangelands Management MDBC will develop the Plan in close Action Plan. In particular, the cultural consultation with the Lake Victoria Advisory significance of the area is not restricted to the Committee, as well as with NPWS and immediate vicinity of the Lake, and recognition professional cultural heritage and natural of cultural significance is an integral part of the environment consultants. land management in the area. All of the area 4.2 Specific Condition around Lake Victoria that is likely to be affected by the operation of the Lake must be captured The MDBC will develop the Cultural by either the Cultural Landscape Plan of Landscape Plan of Management in close Management or other plans relevant to the area. consultation with the Lake Victoria Advisory In developing and implementing the Cultural Committee. A MDBC will provide a draft of Landscape Plan of Management, the MDBC will the Plan for review by the Lake Victoria ensure that management guidelines and policies Advisory Committee and the Director- are integrated as much as possible with these General. A final draft, addressing all issues plans. raised by the Lake Victoria Advisory Committee and the Director-General, must be submitted by the MDBC to the Director- General by 31 December 1999, unless extended by the Director-General in writing. This draft must be approved by the Director- General prior to implementation.

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5. Reporting Processes natural heritage values, and reports on the compliance with the conditions of this 5.1 General Condition Consent, as well as recommending any The MDBC will prepare an Annual Report of changes to the Plan. The MDBC will activities relating to the management of cultural incorporate this into the reporting and and natural heritage at Lake Victoria by the end feedback processes which are part of the of October each year for approval by the Cultural Landscape Plan of Management. Director-General. The report will cover the Until the Director-General approves the period of 1 August to 31 July so it reflects the Annual Report, MDBC will operate the Lake activity at the Lake. A draft report will be in accordance with existing approved provided by the MDBC to the Lake Victoria operating regimes, unless otherwise agreed Advisory Committee by the end of September between MDBC and the Director-General. each year, and the MDBC will provide the final 5.2.2 The MDBC will present the Lake report together with LVAC's comments to the Victoria Annual Report at an annual Director-General by the end of October. The workshop where management activities and Report will describe what has occurred in the investigations will be reviewed. previous 12 months and what is proposed for the next 12 months. The MDBC will include in 6. Communication and Access Strategy the report all reporting required under these 6.1 General Condition Conditions, all reporting prescribed in the The MDBC will develop a communication Cultural Landscape Plan of Management, and strategy as a part of the CLCMP which will will include information from all research, include information on the significance of the survey, and monitoring activities undertaken cultural heritage of Lake Victoria, as well as its during the year including the names and role in water management. The MDBC will qualifications of people involved in the ensure that the Cultural Landscape Plan of implementation of the Plan, as well as any other Management, as a part of this communication matter requested by the Director-General. strategy, provides for education about, and A public/oral presentation of the Annual Report interpretation of cultural heritage, especially to will be provided by MDBC to the stakeholders, minimise risk of inappropriate behaviour and so that they are aware of the management issues adverse impacts by visitors to the Lake. The being considered in the Cultural Landscape communication strategy will also deal with Plan of Management, and to assist the Regional making Aboriginal cultural heritage information Action Planning process for the areas adjoining available to the Aboriginal community and, Lake Victoria through the provision of subject to approval from the Barkindji appropriate advice and input (in relation to community represented on the Advisory habitat management, landholder and Committee, making this information available to Aboriginal community concerns) (see General educational groups and the general public. Condition 18.1). 6.2 Specific Condition 5.2 Specific Conditions The MDBC will ensure that the Cultural 5.2.1 The Annual Report will be prepared and Landscape Plan of Management includes a presented by the MDBC by the end of strategy for managing access to the Lake and October each year for approval by the for communication, including education Director-General. The MDBC will ensure that about and interpretation of the cultural the Report summarises activities undertaken heritage significance of Lake Victoria and its in relation to the operation of Lake Victoria, 98 environment, especially to minimise risk of the management of the environment and the inappropriate behaviour and adverse impacts conservation and management of cultural and by visitors to the Lake.

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7. General Principles of the Cultural •recognise and address the need for a balance Landscape Plan of Management between competing values, as well as regional 7.1 General Conditions and inter-generational equity and ecologically sustainable development principles. 7.1.1 Development of the Cultural Landscape Management Plan 7.1.3 Conservation of Significance The MDBC will develop the Cultural Landscape The MDBC must ensure that issues relating to Plan of Management in accord with nationally the monitoring and management of impacts are accepted principles, procedures and guidelines. incorporated into the conservation management The MDBC will ensure that the strategies planning process by following the general contained in the Plan for conserving both the objectives listed below. cultural and natural significance of the Lakeshore The MDBC will ensure that the Cultural will take into account the fact that both the Landscape Plan of Management will: cultural and natural aspects combine to make up •have as an objective the conservation of the the significance of the Lakeshore as a cultural cultural and natural significance of the landscape. The MDBC will ensure that actions Lakeshore generally and any specifically for the care and management of specific cultural identified heritage places; sites and places, natural habitat and landforms take into consideration all other aspects of • be based on an assessment of the cultural and significance, with the objective of developing a natural heritage significance of the Lake, holistic, integrated management of the which will be agreed to by the Lake Victoria significance of the cultural landscape. Advisory Committee. This will include 99 Aboriginal heritage, historic heritage, and 7.1.2 Specifications for the Cultural natural heritage values and the identification Landscape Plan of Management of any significant sites in the area covered by The Cultural Landscape Plan of Management this Consent; developed by the MDBC will: •provide for the identification of sites of special • be in accord with the Burra Charter, Draft significance and their protection. Sites of Guidelines for the Management of Aboriginal special significance include those sites advised and Torres Strait Islander Heritage and by the Director-General from time to time as Australian Natural Heritage Charter having been identified as such by the Lake principles; Victoria Advisory Committee; • be developed under the accepted best practice • be refined as information from research, conservation planning processes, and will monitoring and ongoing management is include a Statement of Significance for the obtained that allows better understanding of area; the interactions between Lake operation, • be iterative and adaptive in nature, ensuring cultural and natural heritage values, that information from monitoring programs environmental processes and land and research informs and guides future management; management principles; • ensure that the cultural heritage significance • ensure that stakeholders—including the of the area, as defined in the Cultural Aboriginal community and landholders—are Landscape Plan of Management, is conserved involved in the development of the Plan; through the care and management of cultural • ensure that Lake operation for water supply heritage sites and places; and and management purposes takes into • ensure that all techniques used are consistent consideration the impacts on cultural and with the principles and guidelines of the natural heritage values; and Burra Charter, Draft Guidelines for the

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Management of Aboriginal and Torres Strait heritage values as part of the conservation Islander Heritage, Australian Natural Heritage management planning process. The MDBC will Charter principles and the conditions of this ensure that any research undertaken as part of Consent. the Cultural Landscape Plan of Management is 7.2 Specific Condition guided by the following principles: The MDBC will ensure that the Cultural •all research undertaken at the Lake must be Landscape Plan of Management conserves the consistent with the Cultural Landscape Plan cultural heritage significance of the area of Management; through the care and management of all •research on cultural heritage is consistent with cultural sites and features, and that it includes the aims of improving the understanding of strategies for minimisation of impacts on and impacts on cultural heritage, or improving the direct physical protection of cultural heritage understanding of the nature or significance of sites and places. The MDBC will include the cultural heritage, or improving the among the protection measures the understanding of techniques to reduce the stabilisation of the Lakeshore by revegetation impacts of the activity on cultural heritage; with native species to minimise erosion where •research activities, including the development this is compatible with both the cultural and of monitoring strategies, will be reviewed by natural significance. the Advisory Committee prior to 8. Strategies for Revegetation implementation; 8.1 General Condition • priority will be given to any issues that the Director-General identifies, having regard to The MDBC will include in the Cultural the matters in this Consent; Landscape Plan of Management strategies for revegetation of Lakeshore vegetation using •all research will be consistent with a plan of ecological principles suitable for establishment of research which will be prepared as part of the viable native vegetation communities where this Cultural Landscape Plan of Management, and is compatible with both the cultural and natural will include the objectives of the research, significance of the sites and places, as well as proposed methodology, how the results will strategies to manage significant aspects of the be reported and incorporated into physical landforms, including palaeontological management actions and a consultation sites. process with the local Aboriginal community. 8.2 Specific Condition 9.2 Specific Condition The MDBC will ensure that the Cultural The MDBC will incorporate a Research Plan Landscape Plan of Management conserves the into the Cultural Landscape Plan of natural heritage significance of the area Management. through the care and management of natural 10. Monitoring Cultural Heritage features and habitat and through minimisation of impacts on the natural 10.1 General Condition environment. This Consent requires that impacts to Aboriginal relics should be minimised. The MDBC must 9. Research Activities therefore include in the Cultural Landscape Plan 9.1 General Condition of Management strategies to monitor the impact The development of the Cultural Landscape of the activity directly on cultural heritage by Plan of Management will involve additional means of regular inspections to identify and 100 research and investigation to understand the record where heritage material is being nature of the impacts on cultural and natural disturbed, and strategies for ongoing contact

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with the elders on the changing assessment of 11.2 Specific Condition significance. Where works have been constructed for the This Consent does not cover Aboriginal burials. purpose of protecting burials and other If the MDBC considers that there is any significant relics and sites from physical likelihood of its activities leading to burials being impact, a monitoring and maintenance damaged, then it must immediately cease such program will be established, and this will be activities and notify the Director-General. included in the Cultural Landscape Plan of Protection measures must then be put in place Management. by the MDBC consistent with the 12. Understanding, Assessing and accompanying section 87 Permit, and with the Monitoring the Environment, Impacts Cultural Landscape Plan of Management. and Mitigation Actions MDBC must refer the proposed protection works to the Advisory Committee for advice to 12.1 General Condition ensure the works are culturally appropriate. The shoreline environment at Lake Victoria is If the MDBC considers that there is any dynamic and evolving, and is influenced by a likelihood of its activities leading to relics not wide range of interacting factors, not all of covered by this Consent being damaged, then it which are subject to human control or must immediately cease such activities and notify management. The factors contributing to the the Director-General. A separate s90 Consent dynamics of the Lakeshore include: the nature of may be required in such cases. the underlying geology and geomorphology; the nature of the Lakeshore vegetation and post- 10.2 Specific Condition European impacts on it; the regional climate; the 101 The MDBC will ensure that the Cultural effect of weather and of wind, water and wave Landscape Plan of Management includes the action; the effect of human intervention on these regular monitoring of cultural heritage, processes through historic changes in land-use particularly targeting the recording, around the Lake and the historic regulation of protection and monitoring of any new in situ the river and Lake system; and the impacts of burials, and of any sites identified as being of stock, feral animals and native species on both special significance, according to measures the Lakeshore sediments and vegetation. described in detail in the section 87 Permit. MDBC must investigate and monitor the The MDBC will record any new burials Lakeshore to identify the importance of these discovered, and will ensure that the Annual factors and develop an understanding of the Report includes details of this recording. dynamics of the environment of the Lakeshore. 11. Monitoring Burial Protection Works MDBC must use this knowledge and 11.1 General Condition understanding to develop appropriate and feasible physical methods for stabilising priority Physical protection works have already been areas where necessary for the conservation of constructed over the known major Aboriginal cultural and natural significance. burial grounds, and small individual protection mounds built over individual burials on the Cultural heritage materials, including burials, Lakeshore. The MDBC will continue to refine and both Aboriginal and European relics, occur the current monitoring and maintenance within and on the Lakeshore sediments. These program for these works, and will continue to materials may be affected by all the processes assess the efficacy of the works, and repair or affecting the Lakeshore sediments, both singly modify them as necessary. and in combination. The MDBC must identify and develop an understanding of the nature and distribution of Lakeshore geomorphological

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units, distinguishing between pre-regulation the timetable for their implementation. Any sediments, in situ cultural heritage material, and changes to strategies in the Cultural post-regulation reworked sediments. The MDBC Landscape Plan of Management resulting must identify and assess the range of physical from information collected in the monitoring processes affecting this geomorphology, such as program must be referred to the Lake Victoria rainfall, wind and wave activity, as well as Advisory Committee for comment and sedimentation and erosion rates, and their approved by the Director-General. interactions. The investigation and monitoring 13. Monitoring Vegetation of vegetation and the impact of biological agents must also be integrated with the investigation 13.1 General Condition and monitoring of physical processes, since these The MDBC must identify the nature and interact with the physical processes. The MDBC distribution of Lakeshore vegetation, including must then use this understanding and assessment both native and introduced species, and identify to develop erosion management measures that and assess the range of processes affecting these are focussed on protecting historically and their interactions. Vegetation assessment will undisturbed sediments containing in situ cultural include the distribution, structure, composition, material, or that have intrinsic geomorphological growth and health of vegetation, and will be significance. focussed on priority areas. Assessment of the All investigation, assessment and monitoring processes influencing vegetation growth on the activities will utilise current best practice. The Lakeshore will include both historic and current results of all the investigations, monitoring and factors affecting the Lakeshore such as pre- assessment activities will be noted in the Annual regulation land-use, the regulation of the Lake, Report. the effect of land-use immediately external to the Lakeshore, physical processes such as soils, 12.2 Specific Condition weather, deposition and erosion, and biological The MDBC will ensure that the Cultural processes such as stock, feral and native animal Landscape Plan of Management contains a trampling and grazing. Vegetation assessment strategy for the identification, assessment, will also include the potential and feasibility of monitoring, and where possible, management restoring the pre-regulation vegetation of all physical and biological processes communities on the Lakeshore. affecting the stability of the Lakeshore. The In its vegetation monitoring, the MDBC will strategy will include the identification of address the direct as well as indirect impacts of priority areas for minimising erosion around the Lake operations and will include the the Lakeshore, focussing on historically establishment of permanent sample points to undisturbed sediments, especially those ensure consistency of sampling. Vegetation containing in situ cultural material, or that monitoring will also include assessment of the have intrinsic geomorphological significance. impact of vegetation on the sedimentation and The Strategy will also contain actions for the erosion of sediments with in situ cultural minimisation of erosion, taking into account heritage that have been identified as priority the broader cultural landscape values. Where areas. measured erosion excluding movement of drifting sand in priority areas is greater than 13.2 Specific Condition 2 centimetres per annum, the MDBC will The MDBC will include a strategy for the review the causes of erosion and provide a ongoing identification, assessment and copy of that review to the Director-General. monitoring of vegetation on the Lakeshore as 102 The review will include any measures part of the Cultural Landscape Plan of proposed to reduce the rate of erosion, and Management. The strategy will include

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actions for the retention and enhancement of recognised that water quality, especially salinity, native vegetation on the Lakeshore, taking is an important aspect of managing wetland into account the broader cultural landscape environments, but it is also recognised that the and cultural heritage values. Where natural health of the Lake Victoria environment needs to significance values, including biodiversity be considered within the context of the health of values, in identified priority areas are the overall River Murray system, since the Lake demonstrably negatively affected by the plays an integral part in the management of regulation of the Lake (the activity) and/or water quality in the lower Murray–Darling there is a measured decrease in the extent of Basin. The MDBC will ensure that salinity vegetation cover by the plant species monitoring continues to be done. The MDBC identified in the CLPoM, the MDBC will will include water quality monitoring review the causes of vegetation decline and information related to Lake Victoria in the where possible, take appropriate corrective Annual Report, and will share information on management action and report these to the the salinity in the River Murray with NPWS as Director-General. part of the public distribution of river management information. 14. Managing Non-Native Fauna 15.2 Specific Condition 14.1 General Condition The MDBC will address the role and impact The MDBC, in consultation with appropriate of Lake operations on water quality in the parties, must identify and assess the nature and Cultural Landscape Plan of Management, distribution of non-native animal species taking into consideration the integration of accessing the Lakeshore. The Plan will include Lake management into the broader water 103 specific measures for controlling and managing quality and salinity management activities impacts of non-native animals on the cultural being undertaken by the MDBC. and natural heritage values of the Lake, such as removing stock and feral animal destruction 16. Lake Operations programs. 16.1 General Condition 14.2 Specific Condition This Consent operates for a period of eight years The MDBC will include a strategy for the from the 28th of August 1998, subject to the identification, assessment, and management conditions and principles outlined in this of non-native animals on the Lakeshore in the Consent. The Cultural Landscape Plan of Cultural Landscape Plan of Management. The Management will stipulate the policies and strategy will include actions for the protection strategies which will guide the operation of the and enhancement of native fauna habitat. Lake to minimise negative impacts on the cultural and natural heritage of the area, 15. Monitoring Water Quality including managing environmental values such 15.1 General Condition as vegetation and water quality. The MDBC The MDBC will ensure that the Cultural must ensure that any operation of the Lake is Landscape Plan of Management addresses the consistent with the Cultural Landscape Plan of health of the aquatic environment of the Lake, Management and its objectives, and is also insofar as it affects or is affected by the operation consistent with minimising the likely adverse of the Lake and the processes acting on the effects of Lake operation on the cultural and Lakeshore area covered by the Plan. It is natural heritage, and with the establishment and recognised that seepage to the Lake, when the maintenance of native vegetation. Lake is maintained at low levels, will concentrate The MDBC will provide an update on the salinity and impact on cultural heritage. It is Operating Strategy for Lake Victoria to the Lake

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Victoria Advisory Committee for their 17. Interim Operation of the Lake consideration as part of the Annual Reporting 17.1 General Condition process. The MDBC will consider any advice provided by the Lake Victoria Advisory In the period until the Cultural Landscape Committee regarding proposed Lake operation. Management Plan is approved, the MDBC may apply in writing for approval from the Director- 16.2 Specific Conditions General for interim operation of the Lake above 16.2.1 The Murray–Darling Basin 24.5 metres. Commission will present an Operating 17.2 Specific Condition Strategy for Lake Victoria to the Director- General for approval following consultation In the absence of a Cultural Landscape Plan by the Director-General with the Director- of Management, where the conditions of this General of the Department of Land and Consent refer to the provisions included Water Conservation. The Operating Strategy within the Cultural Landscape Plan of will exist for the life of the Consent and will Management, the MDBC will comply with be reviewed and updated by agreement the relevant provisions in the draft Plan, between MDBC and NPWS as part of the provided to NPWS previously, until the Plan adaptive management process. The MDBC is approved. Once the Plan is approved, the will ensure that the operation of the Lake is MDBC must comply with the final Plan. undertaken in accordance with the approved Prior to the approval of the Cultural Cultural Landscape Plan of Management and Landscape Plan of Management, the the approved Operating Strategy. application from the MDBC for operation of 16.2.2 The Murray–Darling Basin the Lake above 24.5 m will identify: Commission will notify the Lake Victoria •the reasonably practicable steps that the Advisory Committee and the Director- MDBC has taken to avoid the necessity of General if there are significant changes to the operating the Lake above 24.5 m and state proposed operation of the Lake as outlined in that there are no other reasonably the Operation Strategy Operation of the Lake practicable measures available to the outside of the proposed regime is only MDBC; permissible if: •the height and period of filling that the • it is consistent with the Cultural Landscape MDBC considers is essential; Plan of Management and all relevant •the circumstances which make operation of conditions (including environmental the Lake at that height and for that period management purposes); or essential; • it is an emergency such as unavailability or •the reasons that use of alternative storages malfunction of key structural assets; or in the water supply system will not provide • changed hydrologic conditions significantly sufficient substitute for the operation of different from the range forecast in the the Lake as requested. operating plan, such as a very large flood The Director-General, if satisfied of these event, or an extended drought. matters in the application, may approve the The MDBC must inform the Lake Victoria application subject to the following Advisory Committee and obtain the concurrence conditions: of the Director-General before implementing the • the vegetation is monitored for stress and variation. water level is dropped if vegetation in priority areas is considered by the Director- 104 General to be showing significant stress from inundation;

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•the Lake is operated only to a depth and development of the Plan are land salinisation for a period that will not threaten viability adjacent to Frenchmans Creek, the protection of of establishing native vegetation in priority cultural heritage sites and the management of areas; individual properties under best management •the Lake will not be held at 27 m for practices. The proposed Action Plan will address longer than six weeks in any twelve months land management issues associated with unless in the opinion of the Director- increasing rates of salinisation on properties General this is clearly beneficial for adjoining Lake Victoria. vegetation on Lakeshore; and, The MDBC must maintain its awareness of the •such other conditions as the Director- Action Plan, and any other regional planning or General considers appropriate. land management processes which may be relevant to the mitigation of any impacts of Lake 18. Impacts on Areas Outside of the Lake operation on areas outside Lake Victoria. The 18.1 General Conditions MDBC will also share information arising from its own management and monitoring with other Under his responsibilities conferred by the relevant land managers. The MDBC should not EP & A Act, the Director-General must take duplicate the work already underway in these into account all the impacts of the activity. planning processes, but must monitor the work While this Consent covers the relics at the to ensure its completeness. The MDBC must locations described in "Schedule B", there are identify gaps in the monitoring or mitigation of environmental management implications for impacts around Lake Victoria, and ensure that areas outside "Schedule B" which relate to the these gaps are filled by the preparation and 105 operation of Lake Victoria, including potential implementation of appropriate strategies. impacts on threatened species, that the MDBC must address. The regional environment As a part of this work, the actions in Specific contributes to the cultural and natural Conditions 18.2 are to be undertaken by the significance of Lake Victoria and so the MDBC MDBC. must also consider the broader regional context 18.2 Specific Conditions when making management decisions. 18.2.1 The MDBC will ensure that Salinisation of the land east of the Lake has been groundwater levels around the Lake and its the subject of investigation by government adjacent supply channels will continue to be agencies over the past decade and the NSW monitored and that there is ongoing revision Department of Land and Water Conservation of mapping of areas affected by salinity as continues to carry out a monitoring program. information from monitoring and modelling These studies have concluded that salinisation is indicates changes to groundwater levels in the also a key factor affecting the environment in the area. The MDBC must implement region, including the viability of some appropriate management strategies to prevent properties. or mitigate impacts on the environment The preparation and implementation of a resulting from any rise in groundwater, likely regional Action Plan is currently underway for to be contributed to by the operation of the the area surrounding the Lake. The development Lake and report these to the Director- of this plan is guided by the Lower Murray–Darling General. Such strategies must include a Catchment Management Committee and timeframe for implementation. If approved by involves local representatives of relevant the Director-General, these strategies will be government agencies and the landowners directly implemented by the MDBC. affected by the operation of Lake Victoria. The 18.2.2 The MDBC will host an annual major issues for consideration in the workshop to discuss hydrogeological research

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and monitoring results and ensure that these are incorporated into appropriate management strategies. 18.2.3 The MDBC will undertake a natural and cultural heritage inventory, including survey for threatened species or relics in the area likely to be adversely impacted upon by salinisation that is likely to be contributed to by the operation of Lake Victoria over the period of this Consent. This will be completed by December 2000 and reported to the Director-General. If the revision under Condition 18.2.1 indicates a change to this area, than the MDBC will consult with Director-General about whether it is necessary to extend this heritage inventory, and shall do so if the Director-General so directs. 18.2.4 If any Aboriginal relic found is likely to be damaged, destroyed or defaced by salinisation due to changes to groundwater resulting from the Activity, and that relic is not included in the approval granted under this Consent, then the MDBC must immediately notify the Director-General. 18.2.5 If the monitoring shows that there is likely to be an impact on fauna, faunal habitat, or any threatened species or its habitat by salinisation that is likely to be contributed to by the operation of Lake Victoria, then the MDBC will either, where appropriate, implement a strategy, agreed to by the MDBC and Director-General to prevent the impact of such salinisation or seek an appropriate licence to cover the impact.

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D. SPECIFIC TERMS AND Condition 26: The granting of this Consent CONDITIONS FOR S90 CONSENTS does not excuse the MDBC from any obligation to obtain any authorisation Condition 19: This section 90 Consent is not required under any other Act to carry out any transferable. part of the activity. Condition 20: The Murray Darling Basin Condition 27: Commission shall be responsible for the (a) The MDBC shall cease or restrict activity manner in which any work covered by this at Lake Victoria, if the Director-General Consent is performed. serves on it a notice requiring cessation or Condition 21: An officer of the National restriction of its activity. The MDBC shall Parks and Wildlife Service, acting on the then carry out such steps as are required by authority of the Director-General, may at any the Director-General in his notice, and in the time examine work done or any objects time required in that notice. recovered under this Consent. (b) The Director-General may only serve Condition 22: This Consent does not in itself notice under paragraph (a) if: give authority to enter or work on freehold 1. No Cultural Landscape Plan of land or leased Crown Land. Management is submitted to the Condition 23: Upon publication of any Director-General pursuant to these information relating to work done under this Consent conditions; or Consent, a copy of such publication(s) shall 2. Plans, strategies, reports and review be forwarded to the National Parks and procedures required by these conditions Wildlife Service, the Lake Victoria Advisory 107 are not submitted when required; Committee, The Australian Museum – Sydney, and the Australian Institute of 3. A report or review submitted to the Aboriginal and Torres Strait Islander Studies – Director-General in accord with these Canberra, unless permission to do otherwise conditions reveals that the activity is not has been obtained from the Service. being carried out substantially in accordance with the conditions of this Condition 24: The National Parks and Consent; or Wildlife Service and The Australian Museum may supply copies of relevant reports as 4. The Director-General is reasonably of furnished by the holder of the Consent to the opinion that the MDBC is not local Aboriginal communities. Upon request carrying out the activity in a manner by the Service, the holder of this Consent which is substantially in accord with the shall supply a summary of his/her findings conditions of this Consent; with photographs, diagrams, etc., as required, 5. The MDBC has been directed to address to local Aboriginal communities or other an emerging issue related to impacts on local interest groups. the environment arising from the Condition 25: The holder of this Consent operation or management of Lake shall notify the relevant Archaeologist of the Victoria, and the Director-General National Parks and Wildlife Service and the considers that it has not been addressed local Barkindji community at the within a reasonable time. commencement and completion of fieldwork (c) The Director-General may amend or including monitoring, and shall supply to revoke any notice served under paragraph (a), those persons details of field work programs or serve further notices under paragraph (a) and results. When any new relic is discovered, from time to time. the MDBC shall notify NPWS as soon as possible, in accord with section 91 of the National Parks and Wildlife Act.

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E. SPECIFIC CONDITIONS APPLYING TO THE CONSENT

Condition 28: In carrying out the Activity MDBC must not damage any critical habitat, harm or pick any threatened species, population, ecological community or protected fauna, or damage their habitats. The MDBC shall therefore carry out all necessary monitoring to detect any risk of this occurring. Condition 29: The Consent covers only those relics and areas described in Schedules A and B respectively. Aboriginal burials and loose human bone fragments are not included in this Consent but are covered by the accompanying Section 87 Permit. Condition 30: The Consent is granted to cover only the operation of Lake Victoria as conditioned by this Consent and subject to there not being discovered in the course of this operation any other relics which will be damaged or destroyed by the continuation of the operation. (Destruction of such relics would require the granting of a separate Consent).

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Appendix 2: References 1. Lake Victoria: Finding the Balance—A Response to the Competing Interests of Cultural Heritage, Environment and Resource Use; Environmental Impact Statement; Murray Darling Basin Commission February 1998. 2. Lake Victoria Operating Strategy; Murray Darling Basin Commission March 2002 3. Clause 91 Determination Report, Under Part 5 of the Environmental Planning and Assessment Act (1979), “Lake Victoria: Finding the Balance, Environmental Impact Statement”, NSW National Parks and Wildlife Service.

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