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Northern Sydney Freight Corridor Epping to Thornleigh Third Track Project

Northern Sydney Freight Corridor Epping to Thornleigh Third Track Project

Northern Freight Corridor Epping to Thornleigh Third Track Project

Aboriginal Cultural Heritage Assessment

Report to Parsons Brinckerhoff September 2012

Artefact Heritage Services ABN 73 144 973 526

PO BOX 772 Rose Bay NSW 2029 +61 2 9025 3958 +61 2 9025 3990

[email protected] www.artefact.net.au

Northern Sydney Freight Corridor Epping to Thornleigh Third Track Project   

Executive Summary

Artefact Heritage Services was commissioned by Parsons Brinckerhoff (PB), on behalf of Transport for (TfNSW), to prepare an assessment of Aboriginal heritage prior to the construction of the Epping to Thornleigh Third Track (ETTT-the project), which is a component of the Northern Sydney Freight Corridor (NSFC) Program. This Aboriginal heritage assessment forms part of the Environmental Impact Statement (EIS) supporting the submission for the ETTT route, in accordance with Division 2, Part 5 of the Environmental Planning and Assessment Act 1979.

TfNSW proposes to construct a third electrified track on the western side of the Main North Line corridor between Epping and Thornleigh stations. The project would allow for the separation of the slow moving northbound freight trains from the faster moving passenger services. The project would also provide adequate track lengths for holding freight trains which cannot be done in this section of the corridor due to inadequate passing loop lengths.

The aim of this study is to assess the impacts of the proposed development on items of Aboriginal heritage including archaeological and cultural significance, outline opportunities and constraints on the proposed development regarding Aboriginal heritage, and recommend if further action or mitigation measures are required to fulfil statutory heritage obligations.

The study included a comprehensive site survey of the study area in co-operation with Aboriginal stakeholder groups. No Aboriginal sites, areas of archaeological potential, or areas of cultural significance were identified within the study area. Overall, the study area was found to have low/no archaeological potential and therefore it is recommended that there are no Aboriginal heritage constraints for this project.

As part of the Construction Environmental Management Plan for the project a procedure would be developed for actions required in the event of the location of suspected Aboriginal objects. If burials or fragmentary human remains are located during excavations, work should cease immediately, the site should be secured, and the NSW Police and the Office of Environment and Heritage (OEH) should be notified.

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Contents

1.0 Introduction and Background ...... 1

1.1 Northern Sydney Freight Corridor Program ...... 1

1.2 The project ...... 1

1.3 The study area ...... 2

1.4 Approvals process ...... 4

1.5 Objectives of the study ...... 4

1.6 Investigator and contributions ...... 5

2.0 Aboriginal Consultation ...... 6

2.1 Stakeholder identification and consultation ...... 6

2.2 Survey participation ...... 7

2.3 Further consultation ...... 7

3.0 Environmental Context ...... 8

3.1 Geology, soils and topography ...... 8

3.2 Vegetation and resources ...... 10

3.3 Hydrology ...... 10

3.4 Land use history ...... 11

4.0 Aboriginal Historical and Archaeological Context ...... 12

4.1 Aboriginal material culture ...... 12

4.2 Aboriginal histories of the locality...... 13

4.3 Registered Aboriginal sites in the local area – AHIMS search ...... 13

4.4 Site types ...... 17

4.5 Previous archaeological work ...... 18

5.0 Predictions ...... 20

5.1 Aboriginal land use ...... 20

5.2 Predictive model ...... 20

6.0 Field Methods ...... 22

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6.1 Site definition ...... 22

6.2 Survey methodology ...... 22

7.0 Sampling Strategy ...... 23

7.1 Survey coverage ...... 23

7.2 Survey units ...... 23

8.0 Survey Results ...... 25

8.1 Effective survey coverage ...... 25

8.2 Survey observations ...... 25

8.2.1 Survey Unit 1 ...... 25

8.2.2 Survey Unit 2 ...... 29

8.2.3 Survey Unit 3 ...... 31

8.2.4 Survey Unit 4 ...... 34

8.3 Survey results ...... 35

8.4 Assessment of archaeological potential ...... 35

9.0 Statutory Requirements ...... 36

10.0 Significance Assessment and Impact Assessment ...... 38

10.1 Assessment criteria ...... 38

10.2 Archaeological significance assessment ...... 38

10.3 Impact assessment ...... 38

11.0 Management and Mitigation Measures ...... 39

11.1 Guiding principles ...... 39

11.2 Mitigation measures ...... 39

12.0 Conclusions ...... 40

13.0 References ...... 41

Appendix 1 Comments from Aboriginal stakeholder groups

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Figures

Figure 1: The study area indicated by the red line...... 3

Figure 2: Soil landscapes of the study area...... 9

Figure 3: Registered sites in the vicinity of the study area ...... 16

Figure 4: Survey units...... 24

Plates

Plate 1: Survey in progress. Access track between Epping and Cheltenham Stations show...... 23

Plate 2: Looking south towards Epping Station from chainage 24+020...... 26

Plate 3: Looking north along the rail corridor from chainage 24+223...... 27

Plate 4: The banks of Devlin’s Creek beneath the M2 overpass Approximate chainage 24+400...... 27

Plate 5: Looking south along a densely vegetated railway access track. Approximate chainage 24+600...... 27

Plate 6: Looking east down a disturbed densely vegetated embankment near chainage 24+695...... 28

Plate 7: Looking south from the edge of the rail corridor near chainage 24+750...... 28

Plate 8: Looking south at a sandstone platform along the rail corridor access track at chainage 25+203...... 28

Plate 9: Looking north along the rail corridor just north of Cheltenham Station...... 29

Plate 10: Looking west towards the rail corridor over a disturbed area of exposure. Approximate chainage 25+600...... 30

Plate 11: Looking east along the railway corridor just north of an electricity substation. Approximate chainage 25 + 800...... 30

Plate 12: Looking east along the rail corridor from chainage 26+200...... 30

Plate 13: Native trees and exotics along The Crescent...... 31

Plate 14: Looking south towards Beecroft Station from chainage 27+108...... 32

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Plate 15: Looking south along an embankment near chainage 27+595...... 32

Plate 16: Looking south at inaccessible area near the end of Wongala Cres. Approximate 27+600...... 32

Plate 17: Looking north along proposed access track on the east side of the railway track. Approximate chainage 28 + 000...... 33

Plate 18: Looking west from the proposed access track across the rail corridor to inaccessible area (cutting). Approximate chainage 28+100...... 33

Plate 19: Looking south at an area of disturbance near chainage 28+270...... 33

Plate 20: Looking south along the rail corridor just south of Pennant Hills Station at chainage 28+323...... 34

Plate 21: Looking north along the rail corridor just north of Pennant Hills Station...... 34

Plate 22: Looking north along rail corridor to Thornleigh Station from chainage 28+994 ...... 35

Tables

Table 1: Fulfilment of DGRs ...... 4

Table 2: Registered Aboriginal Stakeholders...... 7

Table 3: Previously recorded sites within the vicinity of the study area ...... 14

Table 4: Survey coverage...... 25

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1.0 Introduction and Background

1.1 Northern Sydney Freight Corridor Program

The Australian and NSW governments are working in partnership to deliver improvements to the east coast interstate rail network.

Through the Australian Rail Track Corporation, the Australian Government has invested over $1.5 billion in the past five years to improve the capacity, reliability and transit times of the east coast rail network in NSW. Between Melbourne and Sydney, a key component of this investment has been the Southern Sydney Freight Line (SSFL), which provided 35 kilometres of additional, dedicated freight capacity between Macarthur, south of Sydney and the airport and Port Botany where the majority of freight arises. Significant investment has also been made on the North Coast Line.

The Northern Sydney Freight Corridor (NSFC) Program is an initiative to remove the key bottleneck to interstate freight movement, located on the Main North Line between Strathfield and Newcastle. The NSFC Program includes four proposals:

 Epping to Thornleigh Third Track

 North Strathfield Rail Underpass

Passing Loops

 Hexham Passing Loop (delivered by the Australian Rail Track Corporation).

The North Strathfield Rail Underpass, Epping to Thornleigh Third Track, Gosford Passing Loops and Hexham Passing Loop proposals would relieve the critical capacity bottlenecks and be sufficient to cater for forecast interstate container freight demand up to approximately 2028.

The investment in the four proposals comprising the NSFC Program would ensure that the benefits of the previous investment by the Australian Government into the east coast rail network are realised.

1.2 The project

Transport for NSW (TfNSW) proposes to construct a new third track on the western side of the Main North Line corridor between Epping Station and Thornleigh Station (referred to as the ‘the Epping to Thornleigh Third Track (ETTT) Project’) in Sydney’s north-west.

The section of the Main North Line between Strathfield and Newcastle is a shared passenger and freight line. At present, the need to meet passenger service demands in the peak transport periods means that passenger services

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Northern Sydney Freight Corridor Epping to Thornleigh Third Track Project    take priority over freight. This restricts their movement to times of day outside the morning and afternoon peak periods. The peak passenger transport periods partly overlap with the preferred freight departure times from logistics facilities which makes rail freight transport a much less desirable and more expensive option.

The ETTT Project would relieve one of the critical capacity and operational constraints on the Main North Line between Sydney and Newcastle and thereby improve the efficiency and reliability of northbound freight and passenger services.

The key features of the ETTT Project would comprise:

 a new six kilometre track between Epping and Thornleigh Stations on the western side of the rail corridor.

 a new bridge over the M2 Motorway and southern approach over at Epping.  a new station concourse building, lifts, stairs and regraded platforms (‘easy access’ station upgrade) and commuter parking modifications at Cheltenham Station.

 extension of the roof of the pedestrian underpass and commuter parking modifications at Beecroft.  extension of the concourse building and replacement of the existing pedestrian footbridge at Pennant Hills Station.

 widening of a number of cuttings along the entire alignment to accommodate the new third track.

Construction of the ETTT Project is expected to commence in early to mid-2013 subject to planning approval being obtained, and is anticipated to take approximately 45 months to complete. The project is expected to be operational in late-2016.

Once commissioned, the new assets would be owned, operated and maintained by RailCorp.

1.3 The study area

The study area (Figure 1) comprises the rail corridor of the current Main North Line, between Epping and Thornleigh, and an area of approximately 50 metres on either side of the rail corridor. The study area begins at the country end of Epping Station and extends to the Sydney end of Thornleigh Station, and includes the railway stations at Cheltenham, Beecroft, and Pennant Hills. The majority of the study area is within the Hornsby local government area (LGA), while the western side of Epping Station falls within Parramatta LGA.

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Figure 1: The study area indicated by the red line.

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1.4 Approvals process

The project has been determined to have a potentially significant impact on the environment and therefore by virtue of Part 5.1 of the NSW Environmental Planning and Assessment Act 1979 (EP&A Act) is classified as ‘State Significant Infrastructure’. Approval from Minister for Planning and Infrastructure is required and will be based on the assessment of an Environmental Impact Statement (EIS) for the project. This heritage study has been prepared to support the EIS. As such the Director General of the NSW Department of Planning and Infrastructure has prepared Director General’s Requirement (DGRs) which should be addressed in the EIS (15 March 2012). The DGRs specify that ‘impacts to Aboriginal heritage (including cultural and archaeological significance), in particular impacts to Aboriginal heritage sites identified within or near the project’ must be taken into account in the assessment. The particular aspects of this assessment to be addressed according to the DGRs, and where they are addressed in this report are listed in Table 1.

Table 1: Fulfilment of DGRs

Director-General’s Requirements Where addressed within this report Outline the proposed mitigation and management measures (including measures to Section 11.0 avoid significant impacts and an evaluation of the effectiveness of the measures), Section 2.0 demonstrate effective consultation with Aboriginal communities in determining and assessing impacts and developing and selecting options and mitigation measures (including the final proposed measures); Demonstration that an appropriate archaeological assessment methodology, Section 5.0 including research design, (where relevant) has been undertaken, including results. Section 6.0 Section 7.0 Take into account the Draft Guidelines for Aboriginal Cultural Heritage Impact Section 2.0 Assessment and Community Consultation (Department of Environment and Section 1.6 Conservation, 2005) and be undertaken by a suitably qualified heritage consultant. Appendix 1

1.5 Objectives of the study

The objectives of this study are to address the DGRs, and comply with OEH regulations, including the Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales 2010 (‘the Code of Practice’), and the Aboriginal Cultural Heritage Consultation Requirements for Proponents 2010. The main objectives of this study include:

 A description of the project and the extent of the study area.  A description of Aboriginal community involvement and Aboriginal consultation.  Discussion of the environmental context of the study area.  Discussion of the Aboriginal historical context of the study area.

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 A summary of the archaeological context of the study area including a discussion of previous archaeological work in the area.  Development of an archaeological predictive model.  Description of Aboriginal sites and areas of archaeological potential located within the study area.  Development of a significance assessment for these sites addressing archaeological values.  Impact assessment for the recorded Aboriginal sites and areas of archaeological potential.  Providing recommendations for management and mitigation measures for Aboriginal sites and areas of archaeological potential.

1.6 Investigator and contributions

Dr Sandra Wallace, Principal Archaeologist at Artefact Heritage Services, undertook this study along with Archaeologist Adele Anderson. Sandra Wallace and Adele Anderson wrote this report. Sandra’s qualifications and experience satisfy the minimum standards for practitioners as stipulated in the Code of Practice.

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2.0 Aboriginal Consultation

2.1 Stakeholder identification and consultation

The DGRs specify that Aboriginal consultation should be completed in accordance with the Draft Guidelines for Aboriginal Cultural Heritage Impact Assessment and Community Consultation (Department of Environment and Conservation, 2005). These guidelines have been superseded by the Aboriginal cultural heritage consultation requirements for proponents 2010 which were used during this study and more than satisfy the requirements of 2005 guidelines.

The formal Aboriginal consultation process so far has included:

 An advertisement published in local and Indigenous media (National Indigenous Times, Koori Mail, Northern District Times, Hornsby Advocate) seeking expressions of interest from Aboriginal stakeholders.  Letters sent to agencies seeking information on knowledge holders> the following agencies were contacted.

 The Office of Environment and Heritage (OEH).  Native Title Service (NTSCORP).  National Native Title Tribunal (NTTT).  Office if the Registrar – Aboriginal Land Rights Act 1983 (OR).  Hornsby Council.  Parramatta Council.  Metropolitan Local Aboriginal Land Council (MLALC).  Deerubbin Local Aboriginal Land Council (DLALC)  Sydney Catchment Management Authority (SCMA).

 Compilation of a registered stakeholder list (Table 2).  Request for information on cultural knowledge and comments on the proposed methodology for the assessment.  Continuing consultation with the local Aboriginal community.  Collation of comments on the draft reports (Appendix 1).

Overall the Aboriginal stakeholder groups supported the findings and recommendations of the draft report. No areas of cultural significance were identified within the study area by the Aboriginal stakeholder groups.

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Table 2: Registered Aboriginal Stakeholders.

Registered stakeholder group Representative

Metropolitan Local Aboriginal Land Council (MLALC) Paul Morris

Darug Land Observations (DLO) Gordon Workman

Darug Custodial Aboriginal Corporation (DCAC) Leanne Watson

Darug Tribal Aboriginal Corporation (DTAC) Sandra Lee

Darug Aboriginal Cultural Heritage Assessments (DACHA) Gordon Morton

Darug Aboriginal Land Care Inc Des Dyer

Gunjeewong Cultural Heritage Aboriginal Corporation Cherie Carroll Turrise (GCHAC)

Yarrawalk Scott Franks

2.2 Survey participation

Representatives from Metropolitan Local Aboriginal Land Council (MLALC) were invited to attend the site survey on 20-21 February. Due to illness the representative could not attend on the specified days. Deerubbin Local Aboriginal Land Council (DLALC) was asked if they would like to be consulted but they informed Artefact that the study area was not within DLALC boundaries. All other Aboriginal stakeholder groups were invited to attend a site visit on 22 February. Representatives from four groups (DCAC, DTAC, DLO and DALCI) attended the site visit which included a tour of the rail corridor in vehicles and visits to areas outside the rail corridor such as Devlin’s Creek.

2.3 Further consultation

All registered stakeholder groups were forwarded a copy of the draft Aboriginal Cultural Heritage Assessment and given the opportunity to comment on the findings and recommendations of the study. Comments from DACHA, DCAC, DLO and Yarrawalk were received and are included in Appendix 1. No comments were received from DALCI, MLALC, GCHAC or DTAC within the 28 day period allowed for submissions. As no Aboriginal objects or areas of archaeological potential are to be impacted no further Aboriginal consultation would be required

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3.0 Environmental Context

3.1 Geology, soils and topography

Hornsby Shire is located on the Hornsby Plateau, a rectangle of elevated land which rises from the south to its highest point at Cowan, north of the study area. The study area is located along a ridge line, with a large valley formed by the to the east.

The elevated parts of the study area are dominated by Ashfield shale overlying Hawkesbury sandstone. Ashfield shale is a member of the Wianamatta Group and consists of black to dark-grey shale and laminate. Within the study area it is present between Cheltenham and Thornleigh.

In areas that are located along creek lines, the shale has been worn away, exposing the Hawkesbury sandstone, which consists of medium to coarse-grained sandstone, very minor shale and laminate lenses. Hawkesbury sandstone is found between Epping and Cheltenham stations (Herbert 1983).

The study area passes through several soil landscapes (Figure 2). The majority of the study area is situated within the Glenorie soil landscape with smaller sections passing through the Hawkesbury, Gymea and West Pennant Hills soil landscapes. The Glenorie soil landscape is an erosional landscape characterised by undulating to rolling low hills on Wianamatta Group Ashfield Shale and Bringelly Shale formations. The Ashfield Shale is comprised of laminite and dark grey shale. Local relief is 50-80m with slopes at 5-20%. Soils are shallow to moderately deep (<100cm) dark brown, friable loam, silt loam or silty clay loam.

The Hawkesbury soil landscape is a colluvial landscape consisting of rugged, rolling to very steep hills on Hawkesbury Sandstone. Hawkesbury Sandstone consists of medium to coarse-grained quartz sandstone with minor shale laminite lenses. Local relief is 40-200m with slope at >25%. Soils are shallow (>50cm) sand to sandy loam with loose, apedal single-grained structure and porous sandy fabric. The Gymea soil landscape is an erosional landscape located on undulating to rolling rises and low hills on Hawkesbury Sandstone. Local relief is 20-80m with slopes at 10-25%. Soils are shallow to moderately deep (30-100cm) loose, coarse sandy loam. The West Pennant Hills soil landscape is a colluvial landscape characterised by rolling to steep sideslopes on Wianamatta Group shales and shale colluvium. Local relief is 40-100m with slopes at generally >20%. Soils are deep (>200cm) friable, dark brown clay loam.

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Figure 2: Soil landscapes of the study area.

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3.2 Vegetation and resources

Vegetation mapping of the current tree species in the area shows that Blue Gum Shale Forest, Blackbutt Gully Forest and Sydney Transition Woodland are the main vegetation types within the study area (PB Field Vegetation Map Feb 2012). Blue Gum Shale Forest would once have been the dominant vegetation community along the ridges underlain by the fertile Wianamatta shale soils, while Blackbutt became the dominant species as shale depth decreased to the east. Tree species would have included Blue Gum (E. saligna), Blackbutt (E. pilularis), Sydney Red Gum (Angophroa costata), Forest Oak (Allocasuarina torulosa), Turpentine (Syncarpia glomulifera), and Grey Ironbark (E. paniculata) (Smith and Smith 2008).

Aboriginal people were highly mobile hunter-gatherers utilising different landform units and resource zones. Different resources may have been available seasonally, necessitating movement or trade (Attenbrow 2010: 78). Aboriginal people hunted kangaroo and wallaby and snared possums for food and skins. In marine or estuarine environments Aboriginal people caught fish and collected shellfish. There are many accounts by Europeans of Aboriginal people in canoes on rivers and the ocean, fishing and cooking the fish on small fires within the vessels (e.g. Collins 1798).

Plants were an important source of nutrition, common edible species being Macrozamia, a cycad palm with poisonous seeds that were detoxified and ground into a paste and Xanthorrhoea, or grass tree. The grass tree nectar was a high-energy food, the resin a strong hafting glue, and the flower spikes used for spear barbs. From observations by early European colonists, only about twenty species of plant are identified as being used for food or manufacture by Aboriginal people of the Sydney region (Attenbrow 2010:41). It would be likely that this is only a fraction of what was actually used.

There are no known suitable stone sources for artefact manufacture within the study area. Resources for tool manufacture would have been brought in from areas such as , approximately 7 km south of the study area (JMcD CHM 2006b), or from the Plumpton Ridge and Marsden park silcrete deposits 20 km west of the study area.

3.3 Hydrology

Lane Cove River and a number of its tributaries are located to the east of the study area, while Devlins Creek transects the study area where the rail line and the M2 intersect north of Epping.

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3.4 Land use history

While the local area was fairly isolated and sparsely settled for most of the nineteenth century, the coming of the railway in the 1880s prompted rapid development and the area surrounding the rail line is now entirely urbanised, apart from a few parks and areas of conserved bushland (AMBS 2010:66).

A comprehensive history of landuse and non-Indigenous settlement is detailed in the accompanying ETTT Non- Indigenous Heritage Assessment report.

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4.0 Aboriginal Historical and Archaeological Context

4.1 Aboriginal material culture

Aboriginal people have lived in the Sydney area for more than 20,000 years. The oldest securely dated site in the greater Sydney region is 14,700 years before present (yBP), which was recorded in a rock shelter at Shaw’s Creek (Nanson et al 1987). Evidence of Aboriginal occupation has been found dated to 50-60,000 yBP at Lake Mungo in NSW, so it would be likely that Aboriginal people have lived in the Sydney region for even longer than indicated by the oldest recorded dates available at present. The archaeological material record provides evidence of this long occupation, but also provides evidence of a dynamic culture that has changed through time.

The existing archaeological record is limited to certain materials and objects that were able to withstand degradation and decay. As a result, the most common type of Aboriginal objects remaining in the archaeological record are stone artefacts. Archaeological analyses of these artefacts in their contexts have provided the basis for the interpretation of change in material culture over time. Technologies used for making tools changed, along with preference of raw material. Different types of tools appeared at certain times, for example ground stone hatchets are first observed in the archaeological record around 4,000 yBP in the Sydney region (Attenbrow 2010:102). It has been argued that these changes in material culture were an indication of changes in social organisation and behaviour.

The Eastern Regional Sequence was first developed by McCarthy in 1948 to explain the typological differences he was seeing in stone tool technology in different stratigraphic levels during excavations such as Lapstone Creek near the foot of the Blue Mountains (McCarthy 1948). The sequence had three phases that corresponded to different technologies and tool types (the Capertian, Bondaian and Eloueran). The categories have been refined through the interpretation of further excavation data and radiocarbon dates (Hiscock & Attenbrow 2005, JMcDCHM 2005). It is now thought that prior to 8,500 yBP tool technology remained fairly static with a preference for silicified tuff, quartz and some unheated silcrete. Bipolar flaking was rare with unifacial flaking predominant. No backed artefacts have been found of this antiquity. After 8,500 yBP silcrete was more dominant as a raw material, and bifacial flaking became the most common technique for tool manufacture. From about 4,000yBP to 1,000yBP backed artefacts appear more frequently. Tool manufacture techniques become more complex and bipolar flaking increases (JMcD CHM 2006a). It has been argued that from 1,400 to 1,000 years before contact there is evidence of a decline in tool manufacture. This reduction may be the result of decreased tool making, an increase in the use of organic materials, changes in the way tools were made, or changes in what types of tools were preferred (Attenbrow 2010:102). The reduction in evidence coincides with the reduction in frequency of backed blades as a percentage of the assemblage.

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After European colonisation Aboriginal people of the Sydney Basin often continued to manufacture tools, sometimes with new materials such as bottle glass or ceramics. There are a number of sites in the Sydney basin where flaked glass has been recorded, for example at Prospect (Ngara Consulting 2003) and Oran Park (JMcD CHM 2007).

4.2 Aboriginal histories of the locality

Prior to the appropriation of their land by Europeans, Aboriginal people lived in small family or clan groups that were associated with particular territories or places. The Hornsby area was home to members of the Darug language group. The coastal dialect of the Darug language group is thought to have been spoken on the Sydney peninsula (north of , south of , west to Parramatta) and north of Port Jackson, possibly as far as Broken Bay. The hinterland dialect is believed to have been spoken on the Cumberland Plain, west of the , Parramatta, the Lane Cove River and ; from Appin in the south to the in the north Darug (Attenbrow 2010:34).

British colonisation had a profound and devastating effect on the Aboriginal population of the Sydney region. In the early days of the colony Aboriginal people were disenfranchised from their land as the British claimed areas for settlement and agriculture. The colonists, often at the expense of the local Aboriginal groups, also claimed resources such as pasture, timber, fishing grounds and water sources. Overall the devastation of the Aboriginal culture did not come about through war with the British, but instead through disease and forced removal from traditional lands. It is thought that during the 1789 smallpox epidemic over half of the Aboriginal people of the Sydney region died.

4.3 Registered Aboriginal sites in the local area – AHIMS search

A search of the Aboriginal Heritage Information System (AHIMS) database was undertaken on the 16 September 2011 for sites within the vicinity of the study area (E 320000 - 325000, N 6260000 – 6267500). A total of 17 Aboriginal sites were identified by the search.

The only previously recorded Aboriginal site in close proximity to the study area is AHIMS #45-5-1005. This site was originally recorded as a single artefact in the wall of a trench on a road verge. The site could not be relocated during the 2010 AECOM survey for the M2 upgrade and a site update card was submitted to AHIMS noting that the recording was no longer a site.

The location of Aboriginal sites is considered culturally sensitive information. It is advised that this information, including the AHIMS data appearing on the heritage map for the proposal be removed from this report if it is to enter the public domain.

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Table 3: Previously recorded sites within the vicinity of the study area

Site within concept Site ID Site name GDA Easting Northing Site type Recorder design footprint

45-6-2369 Bone shelter GDA Shelter with Deposit Val Attenbrow No

Mr.Geordie Oakes, AECOM Australia Pty 45-5-1005* IFCH1 GDA Isolated Find Ltd (previously HLA- No Envirosciences),Ms.Tessa Corkill

Shelter with Art, 45-6-2453 HR6 GDA Margrit Koettig No Shelter with Deposit

45-6-2454 HR7 GDA Shelter with Deposit Margrit Koettig No

Epping - Lane 45-6-1235 GDA Rock Engraving ASRSYS No Cove River

45-6-2099 Dynamited. GDA Shelter with Deposit Val Attenbrow No

Terrys Creek 45-6-1156 GDA Shelter with Art Mr.R Taplin No Cave

Axe Grinding Groove, 45-6-0938 Rogans Hill GDA Margrit Koettig No Rock Engraving

45-6-0951 Rogans Hill GDA Shelter with Deposit ASRSYS No

45-6-0955 Rogans Hill GDA Shelter with Deposit Margrit Koettig No

45-6-0304 Pennant Hills GDA Rock Engraving ASRSYS No

Val Attenbrow, T 45-6-0896 Window Cave GDA Shelter with Deposit No Barlow, K Cutmore

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Site within concept Site ID Site name GDA Easting Northing Site type Recorder design footprint

45-6-0897 Normanhurst GDA Shelter with Deposit ASRSYS No

Val Attenbrow, Mr.Rick 45-6-0977 Little Bloodwood GDA Shelter with Deposit No Bullers

Axe Grinding Groove, 45-6-0978 Lane Cove River GDA Mr R Taplin No Water Hole/Well

45-6-2040 Coups Creek GDA Shelter with Deposit Val Attenbrow No

45-6-2949 M2A1 GDA Axe Grinding Groove Mr.Rick Bullers No

* Not an Aboriginal site.

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Figure 3: Registered sites in the vicinity of the study area

Map removed for public version

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4.4 Site types

Material traces of Aboriginal occupation exist throughout the landscape and are known as Aboriginal sites. The primary site types that are found in the Sydney region include:

 Stone Artefacts – Flaked and ground stone artefacts are the most common trace of Aboriginal occupation in the Sydney region. Aboriginal people used particular techniques to flake stone and these changed over time. The approximate age of a tool can often be determined by the way that it was made. Stone artefacts are most often found in scatters that may indicate an Aboriginal campsite was once present. Stone artefacts may also be found as isolated finds. Stone tools in the Sydney region are most often made from raw materials known as silcrete, tuff and quartz. These are all easily flaked and form sharp edges, which can be used for cutting or barbing spears. Stone artefacts, either on the surface, or buried, may exist within the less disturbed parts of the study area.  Rock shelters with deposit – Rock shelters were used by Aboriginal people for habitation, rest places and as art or ceremonial sites. Deposits can build up on the floor of these shelters over time and bury traces of Aboriginal occupation. If these deposits are not disturbed, rock shelters can provide an intact stratigraphy that can tell us about the way Aboriginal occupation changed through time. The underlying Hawkesbury sandstone geology of the area, particularly along creek lines, means that rock shelters could occur in the less disturbed part of the study area near, for example, Devlin’s Creek.  Shell middens – Shell middens are remains of campsites in which the primary traces are shell and/or bones of fish. Shell middens are often found close to rivers or streams and are either along banks or within enclosed shelters. The majority of shell middens in the Sydney region were destroyed when they were mined for lime in the early days of the colony. It is unlikely that shell middens exist within the study area, as although the nearby Lane Cove River would have supported shellfish species, shell middens are more likely to have occurred close to the river banks.  Rock engravings/Rock art – Rock engravings are often found in Hawkesbury geologies on flat sandstone platforms. Shapes of animals, ancestor figures or other symbols were carved into the sandstone. Weathering has affected the visibility of many rock engravings. Other rock art of various forms has also been recorded in the Sydney basin. Stencils, charcoal drawings and paintings are examples of the techniques used by Aboriginal people. Rock art may exist in the less disturbed area near Devlins Creek, where sandstone exposures are likely to be present.  Axe grinding grooves – Axe grinding grooves are created when axe blanks (often basalt cobbles) are shaped by rubbing the stone across an abrasive rock such as sandstone, often using water. Sharpening axes and other tools also forms them. Axe grinding grooves are most common on sandstone, and on the edge of permanent watercourses. It is possible that grinding grooves are present near Devlins Creek.  Scarred trees – Aboriginal people practiced tree marking or scarring for a variety of reasons. Large scars are often the result of a tree being debarked for a canoe blank and smaller scars may have been the result

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of making shields or coolamons (storage vessels). Tree marking may have been the result of ritual practices, or associated with burial. Scarred trees that remain today would be over 150 years old and the scar would retain certain characteristics that enable its identification as cultural. It is possible that scarred trees are present in the conserved areas of bushland located in and near the rail corridor.  Post-contact sites – Sites where evidence of early interaction between Aboriginal people and Europeans are known as contact sites. Artefacts found at contact sites may include flaked glass or ceramic. It is possible that a contact site is located within the study area.  Potential Archaeological Deposit (PAD) – Areas are classified as PADs if there is a likelihood of archaeological material existing below the ground surface or on the ground surface but obscured from view. An Aboriginal object does not need to be recorded for an area of PAD to be specified. It is possible that areas of PAD are located within the study area.

4.5 Previous archaeological work

Haglund (1989) undertook a preliminary survey for Aboriginal sites along the F2 (Castlereagh Freeway) and Pennant Hills Road to Lane Cove River for the then Department of Main Roads, NSW. One previously recorded site (AHIMS#45-6-977) was re-identified and six new sites were found, including two rockshelters with middens, two rockshelters with potential occupation deposits and two engraving sites. A further 19 areas were identified for further investigation.

Attenbrow (1993) excavated a rockshelter at SF2, West Pennant Hills (c. 3.5 km west of the study area). Radiocarbon dates for the site indicate that initial occupation began approximately 10, 000 years ago.

Corkill (1993) excavated five rock shelters in the Darling Mills Creek Valley area, including two with known archaeological deposits and three with potential deposits. The excavation confirmed two of the PADs as sites, but only yielded a total of 40 artefacts. Corkill concluded that the sites have been disturbed to various levels by flooding, roof-fall and public visitation.

Corkill (1995) conducted test excavations at a potential rockshelter site in the Darling Mills Creek Valley. A total of 137 stone artefacts were recovered, the majority of which were quartz (91), followed by silcrete (40), chert (5), and basalt (1). The site was highly disturbed and a variety of 20th century European material was recovered from the surface and excavated material. Including fibro, lino, masonite, plastic, nails, (copper and iron), glass, ceramics, bottle tops, metal strips, filter tips, brick fragments and part of a perfume bottle. Excavations of the shallow floor deposits indicated an extremely disturbed stratigraphy and Corkill concluded that the rockshelter was of “minimal” scientific significance.

Haglund (1995) undertook excavation of a rockshelter at Devlins Creek, directly below the M2 bridge north of Epping (to the west of the current study area). Approximately 620 artefacts were recovered from two 50 x 50 metre test pits, with the base of the excavation dated to c. 1,400 BP. The majority of the artefacts were quartz and

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Northern Sydney Freight Corridor Epping to Thornleigh Third Track Project    silcrete. The site was identified as DC1 but does not appear in AHIMS search results. Continued monitoring of the site until 2008 found that the site was periodically flooded, but that physical impacts to the shelter appear to be minimal (Hagland 2008, cited in AECOM 2010).

Corkill and Edgar (1996) conducted salvage excavation of rockshelter site CF6 in the Darling Mills State Forest, Carlingford (AHIMS#5-6-2472). A total of 895 stone artefacts were recovered. The dominant raw material was quartz (471), followed by silcrete (344), chert (41), quartzite (22), basalt (9), mudstone (6), and fine grained siliceous material (2).

Jo McDonald CHM (2006b) conducted an assessment of Aboriginal heritage for the route of the proposed North West Rail Link. The assessment included the rail corridor between Epping and Beecroft Stations, which was identified as having low archaeological sensitivity (Jo McDonald CHM 2006b:9).

Corkill and Haglund (1998-2008) undertook monitoring of Aboriginal archaeological sites identified as part of the M2 Motorway project. Monitoring occurred from July 1998 till May 2008 and was aimed at determining whether known rockshelter sites were being adversely affected by runoff or vibrations from the M2 Motorway. Two rounds of monitoring were performed each year. The program found that none of the sites being monitored were being significantly impacted as a result of the M2 Motorway. Erosional issues related to natural water seepage and the accumulation of rubbish were two issues reported.

AECOM (2010) undertook a preliminary Aboriginal Heritage Assessment for the M2 upgrade project. The project was undertaken in accordance with Stage two and three of the RMS (then RTA) Procedure for Aboriginal Cultural Heritage Consultation and Investigation 2010 (PACHCI). Field inspections were undertaken over two phases. Phase one in limited consultation with the Aboriginal community and Phase two with full comprehensive community consultation.

A total of nine previously recorded Aboriginal sites within the AECOM study area were visited during the first field inspection. The second phase of inspections aimed to re-identify sites that were missed during the first phase and involve the Aboriginal community in the field inspections. Tessa Corkill, the archaeologist that had previously identified the majority of rockshelters near the M2, was also engaged to provide background information on the sites and to assist with the inspections due to her extensive knowledge of the sites. A total of nine registered sites were inspected during the second phase, including six of the sites that were not inspected during the first phase. No physical impacts to the sites were observed as a result of the M2. One previously unrecorded site was identified during the inspection: Site M2A1, grinding groove site (AHIMS#45-6-2949).

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5.0 Predictions

5.1 Aboriginal land use

The exact nature of Aboriginal land use patterns in the vicinity of the study area before colonisation is unknown. Assumptions about land use patterns are made on the basis of archaeological information gained from the local area, from observations made by the Europeans after settlement of the area, and from information known about available natural resources.

As Aboriginal people were mobile hunter-gatherers, it would be likely that they moved across the landscape between resources. It would also be likely that movement was related to socio/cultural factors such as gatherings and ceremonial obligations. Campsites would have provided temporary residences such as bark structures. It is difficult to ascertain whether a campsite existed at a given location, but correlations between stone artefact density and campsites are often assumed. While it would be likely that knapping would have occurred at a campsite, it would also be likely that knapping would have occurred during movement across the landscape, as tools were prepared or repaired during hunting and gathering activities.

5.2 Predictive model

Beth White and Jo McDonald have recently contributed to the debate over site prediction on the Cumberland Plain in their discussion on the nature of Aboriginal site distribution as interpreted through lithic analysis of excavated sites in the Rouse Hill Development Area (RHDA) (White and McDonald 2010). This analysis brings together data from 631 dispersed 1m x 1m test squares from 19 sample areas, which yielded 4,429 stone artefacts in total. The findings of this study generally support earlier models that predicted correlations between proximity to permanent water sources and site location, but also highlighted the relationship between topographical unit and Aboriginal occupation.

The major findings of the study were that artefact densities were most likely to be greatest on terraces and lower slopes within 100m of water. The stream order model was used to differentiate between artefact densities associated with intermittent streams as opposed to permanent water. It was found that artefacts were most likely within 50-100m of higher (4th) order streams, within 50m of second order streams, and that artefact distribution around first order streams was not significantly affected by distance from the watercourse (White and McDonald 2010: 33). Overall landscapes associated with higher order streams (2nd order or greater) were found to have higher artefact densities, higher maximum densities, and more continuous distribution than lower order intermittent streams. The analysis also concluded that while there were statistically viable correlations that demonstrated a relationship between stream order, land form unit and artefact distribution across the RHDA, the entire area should be recognised as a cultural landscape with varied levels of artefact distribution (White and

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McDonald 2010: 37). This predictive model can be transferred to other areas of the Cumberland Plain. Archaeological data gathered in the locality of the current study area suggests that sites are most likely to be found near major creeks, or on shale ridges and hills surrounding creeks (JMcDCHM 2006b).

The predictive model used in the current study comprises a series of statements about the nature and distribution of evidence of Aboriginal land use that is expected in the study area. These statements were based on the information gathered regarding:

 landscape context and landform units  ethno-historical evidence of Aboriginal land use  distribution of natural resources  results of previous archaeological work in the vicinity of the study area  predictive modelling proposed in previous investigations

Predictive statements are as follows:

 Most of the study area would be highly disturbed, reducing the likelihood of finding sites.  Sites are most likely to be found near Devlin’s Creek, which is a third order stream where it crosses the study area.  Stone artefacts/artefact scatters would be the most likely Aboriginal site type throughout most of the study area.  Rock shelter sites may be present near Devlin’s Creek, where the Hawkesbury sandstone geology is likely to have encouraged the formation of suitable shelters.  Scarred trees may be located in areas of remnant old growth vegetation within the rail corridor, or the parallel road reserves.  Silcrete and quartz would be the dominant raw materials. Previous studies have indicated that these raw materials are most common in the region.  In situ artefacts would be located in areas of least ground disturbance.

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6.0 Field Methods

6.1 Site definition

An Aboriginal site is generally defined as an Aboriginal object or place. An Aboriginal object is the material evidence of Aboriginal land use, such as stone tools, scarred trees or rock art. Some sites, or Aboriginal places can also be intangible and although they might not be visible, these places have cultural significance to Aboriginal people. OEH guidelines state in regard to site definition that one or more of the following criteria must be used when recording material traces of Aboriginal land use:

 The spatial extent of the visible objects, or direct evidence of their location.  Obvious physical boundaries where present, e.g. mound site and middens (if visibility is good), a ceremonial ground.  Identification by the Aboriginal community on the basis of cultural information.

For the purposes of this study an Aboriginal site was defined by the recording the spatial extent of visible traces or the direct evidence of their location.

6.2 Survey methodology

The field survey was conducted over three days (20 February to 22 February 201 2). The study area was covered on foot, apart from areas that were clearly highly disturbed such as the rail line, or were thickly vegetated and inaccessible such as cuttings. During the first two days the entire study area, including the rail corridor was covered by a pedestrian survey. During the third day of survey, a number of Aboriginal representatives inspected the study area. A Protection Officer accompanied all personnel while surveying within the rail corridor.

The majority of the study area was viewed, although some sections within the rail corridor such as steep cuttings were unable to be accessed. These areas are unlikely to contain Aboriginal sites as they have been highly modified and do not retain topsoil.

The survey was undertaken in accordance with best practice standards under the Code of Practice for Archaeological Investigation of Aboriginal Objects in NSW (OEH 2010). A handheld Global Positioning System (GPS) was used to track the path of the surveyors, and to record the co-ordinates of features and location of landform units along the route. All ground exposures were examined for stone artefacts, shell, or other traces of Aboriginal occupation. All mature trees were inspected for cultural scarring or marking that may have been the work of Aboriginal people. A photographic record was kept for all four survey units. Photos were taken to represent the landform unit, vegetation communities, objects of interest and levels of disturbance. Scales were used for photographs where appropriate.

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7.0 Sampling Strategy

7.1 Survey coverage

The aim of the field survey was to identify any traces of Aboriginal land use, or archaeological sites within the study area. Due to the nature of the study area (extremely modified/disturbed), the survey particularly focused on areas of exposure and vegetated areas with older trees. The archaeologists and Aboriginal representatives examined these parts of the site closely, walking opportunistic transects. The entire study area was viewed. No new Aboriginal sites were identified during the survey.

Plate 1: Survey in progress. Access track between Epping and Cheltenham Stations shown.

7.2 Survey units

The study area was divided into four separate survey units (Figure 4) which correlated to the areas between each train station, from Epping to Cheltenham, Cheltenham to Beecroft, Beecroft to Pennant Hills and Pennant Hills to Thornleigh. Each survey unit was investigated by the archaeologists and Aboriginal representatives. All areas to be impacted were included within the survey units.

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Figure 4: Survey units.

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8.0 Survey Results

8.1 Effective survey coverage

Natural ground surface visibility was very low throughout most of the study area due to thick vegetation (exotic grasses/shrubs) promoted by a season of high rainfall and gravel treatment of the rail corridor. Overall the effective survey coverage was relatively low, estimated to be 1% of the study area. The low effective survey coverage should be seen in the context of the high levels of disturbance within the study area and as such is not a constraint on the assessment of archaeological potential and significance.

Table 4: Survey coverage.

Survey Survey area Visibility Effective Effective Unit total m2 Landform Exposure (%) (%) coverage area coverage (%) (estimate) 1 Simple slope and small 167,000 5% 10% 835 0.5% hills with creek crossing

2 Simple slopes and small 184,000 10% 10% 1,840 1% hills

3 Simple slopes and small 161,000 10% 20% 3,220 2% hills

4 Simple slope and flat 88,000 5% 10% 440 0.5% areas

8.2 Survey observations

8.2.1 Survey Unit 1

Survey Unit 1 extends from Epping Station to Cheltenham Station. The majority of the survey unit is within the rail corridor with several sections to the west between the rail corridor and road verge also included. These are along Beecroft Road, including an area just to the south of the M2 overpass, and a small area along The Crescent to the south of Cheltenham Station.

The study area begins at the country end of Epping Station. The southern 500m of the study area has been heavily modified by the construction of the railway line, associated infrastructure, workshops and sheds (Plate 2) and by the construction of Beecroft Road.

Patches of vegetation remain within the study area to the south of the M2 Bridge crossing. Although some mature trees were noted, the bushland is primarily exotic regrowth which has occurred since construction

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Northern Sydney Freight Corridor Epping to Thornleigh Third Track Project    of the railway line (Plate 3). Examination of ground exposures within the vegetated areas indicate that original topsoil has been removed and therefore Aboriginal sites are unlikely to remain.

The area beneath the former flyover and M2 Bridge crossing is included within the study area. It is currently managed by Railcorp as an ‘Environmental Area’. The banks of Devlin’s Creek were observed to be highly modified (Plate 4). A number of sandstone platforms formed the creek bed and banks, but no cultural markings were noted. No rock shelters were noted above the creek or in the vicinity of the proposed impact area.

Between the M2 Bridge and Cheltenham Station the study area comprises the highly disturbed rail line with vegetation on both sides. The majority of the vegetation is exotic regrowth on disturbed land (Plates 5 and 6). Exposures were observed along an access track to the west of the rail line which ran along the top of rock cuttings (Plate 7). Evidence of disturbance was noted on all exposures. The access track to the east of the rail line above the cutting is gravelled, and was observed to be built on fill over sandstone across the cutting.

Several sandstone outcrops were noted along the western side of the rail line approximately 250m south of the M2 Bridge and along an access track to the south of Cheltenham Station. No cultural markings were noted on the sandstone and it was observed to be of poor quality (Plate 8).

Overall Survey Unit1 is highly disturbed. There were no areas which were observed to have avoided impacts from the original construction of the rail line and/or adjacent roads. Vegetated areas were found to be primarily regrowth on previously disturbed land and did not correlate with areas of archaeological potential.

Plate 2: Looking south towards Epping Station from chainage 24+020.

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Plate 3: Looking north along the rail corridor from chainage 24+223.

Plate 4: The banks of Devlin’s Creek beneath the M2 overpass Approximate chainage 24+400.

Plate 5: Looking south along a densely vegetated railway access track. Approximate chainage 24+600.

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Plate 6: Looking east down a disturbed densely vegetated embankment near chainage 24+695.

Plate 7: Looking south from the edge of the rail corridor near chainage 24+750.

Plate 8: Looking south at a sandstone platform along the rail corridor access track at chainage 25+203.

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8.2.2 Survey Unit 2

Survey Unit 2 extends from Cheltenham Station to Beecroft Station. Impacts are primarily proposed to the west of the rail line, apart from several compound sites or substation sites. A number of large rail cuttings run through the study area within Survey Unit 2 (Plate 9). The area beneath these rail cuttings has no archaeological potential as any archaeological deposits would have been removed. The areas running along the top of the rail cuttings generally have a low archaeological potential as top soil has been disturbed during construction of the cutting and the access roads, or through subsequent erosion.

Narrow vegetated areas extend along the western edge of the rail corridor and survey unit for the length of Survey Unit 2 (Plate 11). The vegetation varies from exotics to larger natives, the latter of which are primarily along The Crescent between The Promenade and Kirkham Street (Plate 13). The vegetated area is fairly sparse and only extends 5-10m into the survey unit. Mature trees were examined for signs of cultural marking and any ground exposures in the area were examined for artefacts. The ground surface visibility of the area was found to be low as a result of leaf litter and gravel on the access track. No evidence of intact soils with archaeological potential was noted.

The proposed compound sites to the east of the rail line were investigated. Exposures were observed within these areas, with rubble, gravels and modern rubbish noted (Plates 10 and 12). No Aboriginal artefacts were recorded, and the areas were assessed to have a low archaeological potential as a result of observed disturbance.

Overall Survey Unit 2 was found to have low/no archaeological potential due to high levels of disturbance and lack of intact subsoils.

Plate 9: Looking north along the rail corridor just north of Cheltenham Station.

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Plate 10: Looking west towards the rail corridor over a disturbed area of exposure. Approximate chainage 25+600.

Plate 11: Looking east along the railway corridor just north of an electricity substation. Approximate chainage 25 + 800.

Plate 12: Looking east along the rail corridor from chainage 26+200.

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Plate 13: Native trees and exotics along The Crescent.

8.2.3 Survey Unit 3

Survey Unit 3 extends from Beecroft Station to Pennant Hills Station. Impacts are primarily proposed on the western side of the rail line.

The area directly to the north of Beecroft Station has been heavily modified by construction of a car park and the Chapman Avenue bridge. North of Chapman Avenue a number of cuttings are located within the study area with access tracks at the top of each cutting. These tracks were surveyed but were generally found to be disturbed with a low potential for archaeological deposits (Plate 15).

An access track is proposed on the eastern side of the railway track to the south of Azalea Grove above a rail cutting (Plates 17 and 18). The access road will follow the existing track and avoid vegetation on either side. The gravelled track was walked by the surveyors and was observed to be constructed on a fill base over shallow bedrock. The vegetated areas surrounding the track had a zero ground surface visibility.

The study area is highly modified in the vicinity of Pennant Hills Station. Sections of the study area have been levelled and landscaped and are dominated by exotic vegetation (Plates 19 and 20).

Overall, Survey Unit 3 was observed to be highly disturbed and no areas of archaeological potential were identified.

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Plate 14: Looking south towards Beecroft Station from chainage 27+108.

Plate 15: Looking south along an embankment near chainage 27+595.

Plate 16: Looking south at inaccessible area near the end of Wongala Cres. Approximate 27+600.

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Plate 17: Looking north along proposed access track on the east side of the railway track. Approximate chainage 28 + 000.

Plate 18: Looking west from the proposed access track across the rail corridor to inaccessible area (cutting). Approximate chainage 28+100.

Plate 19: Looking south at an area of disturbance near chainage 28+270.

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Plate 20: Looking south along the rail corridor just south of Pennant Hills Station at chainage 28+323.

8.2.4 Survey Unit 4

Survey Unit 4 extends approximately 700m from Pennant Hills Station to Thornleigh Station. The rail corridor has been highly disturbed by construction of the rail line. Trees line both sides of the track along the length of the survey unit. The majority of these trees are exotic regrowth although a stand of older natives is located on the north-western side of the track directly south of Thornleigh Station. These trees were inspected for cultural markings and a close inspection of the few exposures was made for artefacts. The area was found to be disturbed by the construction of Yarrara Road, construction of electricity lines and rail infrastructure.

Overall, Survey Unit 4 was observed to be highly disturbed and no areas of archaeological potential were identified.

Plate 21: Looking north along the rail corridor just north of Pennant Hills Station.

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Plate 22: Looking north along rail corridor to Thornleigh Station from chainage 28+994

8.3 Survey results

No new Aboriginal sites or areas of archaeological potential were identified within the study area. The Aboriginal groups did not identify any areas of cultural significance during the survey.

8.4 Assessment of archaeological potential

The entire study area is assessed as having a low/no archaeological potential. This is due to the high levels of ground disturbance and landscape modification throughout the rail corridor and adjacent to it.

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9.0 Statutory Requirements

This study has been undertaken in the context of several items of legislation that relate to Aboriginal heritage and its protection in New South Wales. It should be noted that as the project has been categorised as State Significant Infrastructure permits and consents will not be required from OEH to impact Aboriginal sites.

National Parks & Wildlife Act (1974)

The National Parks & Wildlife Act 1974 (NPW Act), administered by the OEH provides statutory protection for all Aboriginal ‘objects’ (consisting of any material evidence of the Aboriginal occupation of NSW) under Section 90 of the NPW Act, and for ‘Aboriginal Places’ (areas of cultural significance to the Aboriginal community) under Section 84.

The protection provided to Aboriginal objects applies irrespective of the level of their significance or issues of land tenure. However, areas are only gazetted as Aboriginal Places if the Minister is satisfied that sufficient evidence exists to demonstrate that the location was and/or is, of special significance to Aboriginal culture.

As part of the administration of Part 6 of the NPW Act the OEH has developed regulatory guidelines on Aboriginal consultation, which are outlined in the Aboriginal Cultural Heritage Consultation Requirements for Proponents (2010). Guidelines have also been developed for the processes of due diligence - Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW (2010), and for investigation of Aboriginal objects - Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales (2010) in accordance with the 2010 amendment to the Act.

The proposal will be assessed under Part 5.1 of the EP&A Act, which establishes an assessment and approval regime for ‘State Significant Infrastructure’. Part 5.1 applies to development that is declared to be State Significant Infrastructure by a State Environmental Planning Policy (SEPP). Section 115ZG of the Act specifies that approvals or permits under the NPW Act are not required for approved State Significant Infrastructure. However, approval from the Minister of Planning and Infrastructure is required and an Environmental Impact Statement (EIS) must be submitted. The EIS must address the impact of the proposal on heritage items, through the framework of existing heritage legislation including the NPW Act, and the local LEPs and DCPs.

Environmental Planning & Assessment Act (1979)

The EP&A Act is administered by the Department of Planning and Infrastructure, and provides planning controls and requirements for environmental assessment in the development approval process. This Act has three main parts of direct relevance to Aboriginal cultural heritage. Namely, Part 3 which governs the preparation of planning instruments, Part 4 which relates to development assessment processes for local

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Northern Sydney Freight Corridor Epping to Thornleigh Third Track Project    government (consent) authorities and Part 5 which relates to activity approvals by governing (determining) authorities.

Heritage Act (1977)

The Heritage Act 1977 is administered by the Department of Premier and Cabinet and protects the natural and cultural heritage of NSW. Generally, this Act only pertains to Aboriginal heritage if it is listed on the State Heritage Register, or subject to an interim heritage order.

Aboriginal Land Rights Act (1983)

The Aboriginal Land Rights Act 1983 is administered by the NSW Department of Human Services - Aboriginal Affairs. This Act established Aboriginal Land Councils (at State and Local levels). These bodies have a statutory obligation under the Act to; (a) take action to protect the culture and heritage of Aboriginal persons in the council’s area, subject to any other law, and (b) promote awareness in the community of the culture and heritage of Aboriginal persons in the council’s area.

There are no current Aboriginal Land Claims within the study area.

Native Title Act (1994)

The Native Title Act 1994 was introduced to work in conjunction with the Commonwealth Native Title Act. Native Title claims, registers and Indigenous Land Use Agreements are administered under the Act.

There are no current Native Title claims within the study area.

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10.0 Significance Assessment and Impact Assessment

10.1 Assessment criteria

Archaeological significance refers to the archaeological or scientific importance of a landscape or area. This is characterised using archaeological criteria such as archaeological research potential, representativeness and rarity of the archaeological resource and potential for educational values. These are outlined below:

 Research potential: does the evidence suggest any potential to contribute to an understanding of the area and/or region and/or state’s natural and cultural history?  Representativeness: how much variability (outside and/or inside the subject area) exists, what is already conserved, how much connectivity is there?  Rarity: is the subject area important in demonstrating a distinctive way of life, custom, process, land-use, function or design no longer practised? Is it in danger of being lost or of exceptional interest?  Education potential: does the subject area contain teaching sites or sites that might have teaching potential?

Cultural values and significance are discussed by the Aboriginal stakeholder groups in their survey reports (Appendix 1).

10.2 Archaeological significance assessment

The study area does not provide good research potential as there are no areas of archaeological potential to be investigated. Representativeness values are low within the study area and it is not rare within the local context. The area does not have potential to be used for education in Aboriginal heritage or archaeology. The study area is therefore assessed as having a low archaeological significance.

10.3 Impact assessment

No Aboriginal sites, areas of cultural significance, or areas of archaeological potential will be impacted by the project.

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11.0 Management and Mitigation Measures

11.1 Guiding principles

The overall guiding principle for cultural heritage management is that where possible Aboriginal sites should be conserved. If conservation is not practical, measures should be taken to mitigate against impacts to Aboriginal sites.

The nature of the mitigation measures recommended is primarily based on an assessment of archaeological significance. The recommendations will also be informed by cultural significance as discussed by the Aboriginal stakeholder groups.

11.2 Mitigation measures

Mitigation measures recommended vary depending on the assessment of archaeological significance of the area and are based on its research potential, rarity, representativeness and educational value. In general the following mitigation measures would be employed:

 Low archaeological significance – No further work required. No archaeological constraints on development.  Moderate archaeological significance – Test excavation would be required to investigate whether significant archaeological deposits were retained within the area of moderate potential.  High archaeological significance – Conservation as a priority. Test excavations would be required if the areas of high potential were to be impacted. Further mitigation measures such as salvage excavations or heritage interpretation may also be necessary.

If Aboriginal sites are located within the study area mitigation measures may vary to those listed but in this case no Aboriginal sites have been recorded.

As the entire study area has a low archaeological significance no specific mitigation measures are required. There are no archaeological constraints on development. If unexpected Aboriginal objects are located during works, all works must stop in the vicinity and the OEH, MLALC and a cultural heritage consultant should be notified. Further archaeological investigations may be required before works can commence.

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12.0 Conclusions

The following conclusions are based on consideration of:

 Statutory requirements under the National Parks and Wildlife Act 1974 as amended.  The Director Generals Requirements (15 March 2012).  The results of the background research, site survey and assessment.  The interests of the Aboriginal stakeholder groups.  The likely impacts of the proposed development.

It was found that:

 No new or previously recorded Aboriginal sites are located within the study area.  All sections of the study area have been subjected to moderate to high levels of ground disturbance.  All sections of the study area were found to have no/low archaeological potential.  The study area was found to have low archaeological significance.  Significance and values relating to Aboriginal heritage would not be impacted by the proposed development.

Therefore:

 No further investigation of Aboriginal heritage is required before the project commences.  If Aboriginal objects are located during works an archaeologist, the Aboriginal stakeholder groups and the OEH should be notified and further archaeological work and Aboriginal consultation may be necessary.  If human skeletal remains are encountered during excavation, work must cease immediately and the NSW Police, and the OEH must be notified. If the skeletal remains are found to be Aboriginal a process of consultation and investigation in accordance with the OEH guidelines must be implemented.  As part of the Construction Environmental Management Plan for the project a procedure should be outlined for actions required in the event of the location of a suspected Aboriginal object/s.

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13.0 References

AECOM 2010 M2 Upgrade Project – Preliminary Aboriginal Heritage Assessment. Report to Leighton Contractors

AMBS (Australian Museum Business Services) 2010 Northern Sydney Freight Corridor: Heritage Impact Assessment, Rhodes-Hawkesbury River (Draft). Report to Parsons Brinckerhoff.

Attenbrow, V. 1993 Darling Mills State Forest 2: radio-carbon dates. Report to AIATSIS, Canberra.

Attenbrow, V. 2010 Sydney’s Aboriginal Past: Investigating the archaeological and historical records. UNSW Press.

Collins, D. 1798. (1975) An Account of the English Colony of New South Wales, Volume 1, edited by B.H. Fletcher, A.H. & A.W. Reed in association with the Royal Australian Historical Society, Terry Hills, NSW.

Corkill, T. 1993. Test excavation of five rockshelters in the Darling Mills Creek Valley. Report to Upper Catchment Trust.

Corkill, T. 1995. Aboriginal archaeology of M2 Motorway – test excavation and significance assessment of rock shelter PAD X/CF 6, Darling Mills State Forest, Carlingford, NSW. Report to Roads and Traffic Authority.

Corkill, T. and Edgar, J. 1996. Aboriginal archaeology of M2 Motorway: Salvage excavation of rock shelter site CF6 Darling Mills State Forest, Carlingford, NSW. Report to Roads and Traffic Authority.

Haglund & Associates. 1989. Preliminary survey for Aboriginal sites along F2-Castelreagh Freeway. Pennant Hills Road to Lane Cove Road. Report to DMR.

Haglund, L. 1995. The Proposed M2 Motorway: Investigation of Aboriginal Heritage Significance Test Excavation of Rock Shelter PAD1/DC1on Devlins Creek, Pennant Hills – Beecroft. Report to the Roads and Traffic Authority.

Herbert, C. 1983 Sydney 1:100 000 Geological Sheet 9130, 1st edition. Geological Survey of New South Wales, Sydney.

Hiscock, P. and Attenbrow, V. 2005. Australia’s Eastern Regional Sequence Revisited: Technology and Change at Capertee 3. Oxford: BAR Monograph Series 1397 Archaeopress.

Jo McDonald CHM Pty Ltd. 2005. Archaeological salvage excavation of site CG1 (NPWS #45-5-2648), at the corner of Charles and George Streets, Parramatta, NSW. Report for Meriton Apartments Pty Ltd.

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Northern Sydney Freight Corridor Epping to Thornleigh Third Track Project   

Jo McDonald CHM Pty Ltd. 2006a. Archaeological Salvage Excavation of the Colebee Release Area, Schofields, NSW, Volume 1. Report prepared for Medallist Golf Holdings Pty Ltd.

Jo McDonald CHM Pty Ltd. 2006b Archaeological Assessment of Indigenous Heritage for the North West Rail Link. Report to GHD.

Jo McDonald CHM Pty Ltd. 2007. Archaeological investigation of the Oran Park Precinct in the South West Growth Centre, Camden, NSW. Report to APP. McCarthy, F. D., Brammell, E., and Noone, H. V. V. 1948. The stone implements of Australia. Memoirs of the Australian Museum 9, 1-94

McCarthy, F. D., Brammell, E., and Noone, H. V. V. 1948. The stone implements of Australia. Memoirs of the Australian Museum 9, 1-94

Nanson, G.C., Young, R.W., & Stockton, E.D. 1987. Chronology and palaeoenvironment of the Cranebrook Terrace (near Sydney) containing artefacts more than 40,000 years old. Archaeology in Oceania, 22 (2): 72-78.

Ngara Consulting Pty Ltd 2003b. Archaeological Assessment of Aboriginal Heritage: Reservoir Entry Lands: Prospect. Report to Conybeare Morrison.

Smith, P. J. and Smith J. E. 2008, Native Vegetation Communities of . Report for Hornsby Shire Council.

White, E. and J. McDonald. 2010. Lithic Artefact Distribution in the Rouse Hill Development Area, Cumberland Plain, New South Wales. Australian Archaeology 70:29-38.

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Appendix 1

Comments from Aboriginal stakeholder groups

DARUG CUSTODIAN ABORIGINAL

CORPORATION

PO BOX81 WINDSOR 2756

PH: 45775181 FAX:45775098 MOB: 0415770163

ABN:81935722930

[email protected]

3 May 2012.

Attention: Sandra Wallace.

SUBJECT: Northern Sydney Freight Corridor Epping to Thornleigh Third Track Project.

Dear Sandra,

The Darug Custodian Aboriginal Corporation have received and reviewed the Draft Aboriginal Cultural Heritage Assessment for the North Sydney Freight Corridor Epping to Thornleigh Third Track Project.

We support the findings and recommendations within the Draft report, due to the project not impacting on any sites we have no issues with this development.

Please contact us with all further enquiries on 0245775181 or 0415770163 or email [email protected].

RLl,jd~1-- Leanne Watson

ABN: 87239202455 E-MAIL: [email protected] PO BOX: 571 Plumpton. NSW 2761 Phone: 029831 8868 or 0415 663 763

16-5-2012

Dr Sandra Wallace Principal Archaeologist

Re: Epping to Thornleigh rail upgrade project D.L.O did this walkover with you and found that the area was covered with shrubs, grass, D.LO has no concerns with the work going ahead.

As always D.L.O would be involved in the monitoring of the top soil removal and all other form of works to be carried out on this works.