Aboriginal Cultural Heritage Due Diligence Assessment: footbridge and walking trail project, , NSW

FINAL REPORT

Prepared for Green Edge Environmental

20 July 2020 Biosis offices Document information

NEW SOUTH WALES Report to: Green Edge Environmental

Albury Prepared by: Kylie McFadyen Phone: (02) 6069 9200 Lucy Amorosi Email: [email protected] Biosis project no.: 31290 Newcastle File name: 31290.Balranald.CHDDA.FINAL.20200720 Phone: (02) 4911 4040 Email: [email protected] Citation: Biosis (2020). Aboriginal Cultural Heritage Due Diligence for footbridge and walking trail project, Balranald, NSW. Report for Green Edge Sydney Environmental. Authors: Amorosi, L. and McFadyen, Biosis Pty Ltd, Albury. Phone: (02) 9101 8700 Email: [email protected] Project no 31290.

Western Sydney Phone: (02) 9101 8700 Document control Email: [email protected]

Wollongong Version Internal reviewer Date issued Phone: (02) 4201 1090 Email: [email protected] Draft version 01 MLA 18/03/20 Final version 01 KMF 20/07/20

Acknowledgements

VICTORIA

Ballarat Biosis gratefully acknowledges the contributions of the following people and Phone: (03) 5304 4250 organisations (listed alphabetically) in preparing this report: Email: [email protected] • Chris Alderton, Green Edge Environmental Melbourne Phone: (03) 8686 4800 • Damein Aidon, Balranald Local Aboriginal Land Council Email: [email protected] • Neville Murray, Balranald Local Aboriginal Land Council Wangaratta Phone: (03) 5718 6900 • Ray Murray, Balranald Local Aboriginal Land Council Email: [email protected]

 Biosis Pty Ltd This document is subject to copyright and may only be used for the purposes in respect of which it was commissioned and in accordance with the Terms of Engagement of the commission. Unauthorised use of this document in any form whatsoever is prohibited.

Disclaimer:

Biosis Pty Ltd has completed this assessment in accordance with the relevant federal, state and local legislation and current industry best practice. The company accepts no liability for any damages or loss incurred as a result of reliance placed upon the report content or for any purpose other than that for which it was intended.

© Biosis 2020 - Leaders in Ecology and Heritage Consulting - www.biosis.com.au i

Contents

Glossary...... iv

Summary ...... v

1 Introduction ...... 1

1.1 Project background ...... 1 1.2 Location of the study area ...... 1 1.3 Planning approvals ...... 1 1.4 Scope of the assessment ...... 1 1.5 Proposed works ...... 2 1.6 Aboriginal consultation ...... 3

2 Desktop assessment ...... 6

2.1 Landscape context ...... 6 2.2 Geology, soils and landforms ...... 6 2.3 Flora and fauna ...... 7 2.4 Resource statement ...... 7

3 Aboriginal context ...... 12

3.1 Ethnohistory and contact history ...... 12 3.2 Regional context ...... 14 3.2.1 Regional overview ...... 14 3.3 Local context ...... 17 3.3.1 Identified Aboriginal archaeological sites ...... 17 3.3.2 Predictive statements ...... 21

4 Historic Overview ...... 24

4.1 Historic Background ...... 24 4.2 Heritage Register Search ...... 24

5 Archaeological investigation ...... 28

5.1 Archaeological survey aims ...... 28 5.2 Survey methods ...... 28 5.3 Constraints to the survey ...... 29 5.4 Visibility ...... 29 5.5 Exposure ...... 30 5.6 Disturbances ...... 32 5.7 Investigation results and discussion ...... 35

6 Conclusions and recommendations ...... 48

6.1 Conclusions ...... 48 6.2 Recommendations ...... 48

© Biosis 2020 – Leaders in Ecology and Heritage Consulting II References ...... 51

Appendices ...... 54

Appendix 1 Concept design plans ...... 55

Appendix 2 AHIMS search results ...... 56

Tables

Table 1 Landscape resources available to local Aboriginal groups...... 9 Table 2 AHIMS search results ...... 18 Table 3 AHIMS sites within the study area ...... 18 Table 4 Aboriginal site prediction statements ...... 21 Table 5 Local and State Government Heritage Listings near Study Area ...... 27 Table 6 Impact assessment summary ...... 43

Figures

Figure 1 Location of the study area ...... 4 Figure 2 Study area detail ...... 5 Figure 3 Geological formations within the vicinity of the study area...... 10 Figure 4 Soil landscapes within the vicinity of the study area ...... 11 Figure 5 A depiction of Mitchell's Aboriginal guide near Bebanee (Mitchell 1835) ...... 13 Figure 6 AHIMS sites within the vicinity of the study area...... 20 Figure 7 Part of 1903 Map of Pastoral Stations showing Balranald and Surrounding region (HEC Robinson 1903) ...... 24 Figure 8 Part of Township of Balranald and Adjoining Lands (Dept. of Lands, 1971) ...... 25 Figure 9 PS Oscar towing barge under bridge at Balranald, c. 1912 (Gosdon Collection 1912) ...... 26 Figure 10 Remains of Hartman’s Wharf on Murrumbidgee River at Balranald, c. 1912 (Gosdon Collection 1912) ...... 26 Figure 11 Survey units ...... 46 Figure 12 Survey effort ...... 47 Figure 13 Due diligence flow chart ...... 50

© Biosis 2020 – Leaders in Ecology and Heritage Consulting III

Glossary

ACHA Aboriginal Cultural Heritage Assessment

AHIMS Aboriginal Heritage Information Management System

Consultation Aboriginal Cultural Heritage Consultation Requirements for Proponents 2010 requirements

DA Development Application

DECCW Department of Environment, Climate Change and Water (now Heritage NSW)

DP Deposited Plan

DPC Department of Premier and) Cabinet

DPIE Department of Planning, Industry and Environment

EP&A Act Environmental Planning and Assessment Act 1979

GDA Geocentric Datum of

GPS Global Positioning System

GSV Ground Surface Visibility

Heritage NSW Heritage NSW, a division of Department of Premier and Cabinet (formerly Office of Environment and Heritage

ICOMOS International Council on Monuments and Sites

LALC Local Aboriginal Land Council

LEP Local Environmental Plan

LGA Local Government Area

MGA Map Grid of Australia

NHL National Heritage List

NPW Act National Parks and Wildlife Act 1974

NPWS National Parks and Wildlife Service

NSWALC New South Wales Aboriginal Land Council

OEH Office of Environment and Heritage (now Heritage NSW)

PAD Potential Archaeological Deposit

REF Review of Environmental Factors

the code Code of Practice for Archaeological Investigation of Aboriginal Objects in NSW

© Biosis 2020 – Leaders in Ecology and Heritage Consulting iv

Summary

Biosis Pty Ltd (Biosis) was commissioned by Green Edge Environmental to undertake an Aboriginal Cultural Heritage Due Diligence Assessment for the proposed footbridge and walking trail project, as part of the ‘Our Rivers, Our Regions’ program located at Balranald, New South Wales, 2715. Balranald Shire Council are proposing to construct a new footbridge over the Murrumbidgee River, a footway creating a circuit along the township zone of the river, fitness equipment, park furniture, sculptures and various styles of footpaths as part of concept designs. This due diligence report is to accompany a Review of Environmental Factors (REF) to support Council’s development application.

A detailed desktop review has been undertaken as part of this assessment in order to review existing archaeological studies for the study area and surrounding region. This information has been synthesised to develop Aboriginal site predictive statements for the study area, and has been carried out in order to identify any known Aboriginal sites and/or places recorded in the study area. This desktop assessment has been prepared in accordance with requirements 1 to 4 of The Code of Practice for Archaeological Investigation of Aboriginal Objects in NSW (the Code) (DECCW 2010a) and section 8 of the Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales (the Due Diligence Code) (DECCW 2010b).

Section 8 of the Due Diligence Code outlines the steps required to be undertaken in order to determine if the proposed works will impact on Aboriginal heritage values. This includes a review of the following in order to determine if Aboriginal cultural values are likely to be present in the study area:

• Aboriginal Heritage Information Management System (AHIMS).

• Previous studies, reports, surveys, or excavations conducted in the area.

• A review of landscape features.

An extensive search of the AHIMS register identified 21 Aboriginal sites within a one kilometre search area, centred on the proposed study area. One of these registered sites (47-6-0051 Balranald Levee 7), a midden, is located within the study area, and 47-6-0047 Balranald Levee 6, also a midden is located in close proximity (20 metres). A review of previous Aboriginal archaeological assessments conducted in the local area identified via predictive modelling that Aboriginal sites are commonly located within raised landforms such as lower slopes and creek terraces adjacent waterways.

An archaeological investigation of the study area was undertaken on 10-11 January 2020 by Kylie McFadyen, Biosis and members of the Balranald Local Aboriginal Land Council: Damein Aidon, Neville Murray and Ray Murray, with assistance by Chris Alderton, Green Edge Environmental. The field investigation identified that the study area had been subject to previous ground disturbances through activities such as vegetation clearance, the construction of access tracks, adjacent roads and paths, adjacent residential and town development and creation of recreational areas. An elevated, relatively undisturbed section of the riverbank within Survey Unit 7 was identified to hold moderate archaeological potential. No new Aboriginal sites/objects were located during the survey. The remaining survey units within the study area were assessed as having a low likelihood of containing Aboriginal places and objects.

The following management recommendations have therefore been developed relevant to the study area and influenced by:

• Predicted impacts to Aboriginal cultural heritage.

• The planning approvals framework.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting v

• Current best conservation practise, widely considered to include:

– Ethos of the Australia ICOMOS Burra Charter (2013).

– The Code. Prior to any impacts occurring within the study area, the following is recommended:

Recommendation 1: Training and heritage induction It is recommended that all personnel working on the project undertake a heritage induction with representatives from Balranald Local Aboriginal Land Council prior to works starting. Balranald Local Aboriginal Land Council should be notified at least two weeks prior to ground breaking works taking place. The induction would cover:

• Legislative requirements for the protection of Aboriginal objects and fines for non­compliance.

• Unanticipated finds protocol.

• Identification of Aboriginal objects including stone artefact identification.

Recommendation 2: Mitigation of new access paths It is recommended to avoid as much ground disturbance as possible by bringing in soil from outside the study area for all new access path surfaces.

Recommendation 3: No further archaeological assessment required Areas assessed as having low archaeological potential will not require any further assessment. Works within this area may proceed with caution pursuant to recommendations 4 and 5 below.

Recommendation 4: Discovery of Unanticipated Aboriginal Objects All Aboriginal objects and Places are protected under the NPW Act. It is an offence to knowingly disturb an Aboriginal site without a consent permit issued by the Heritage NSW. Should any Aboriginal objects be encountered during works associated with this proposal, works must cease in the vicinity and the find should not be moved until assessed by a qualified archaeologist. If the find is determined to be an Aboriginal object the archaeologist will provide further recommendations. These may include notifying Heritage NSW and Aboriginal stakeholders.

Recommendation 5: Discovery of Aboriginal Ancestral Remains Aboriginal ancestral remains may be found in a variety of landscapes in NSW, including middens and sandy or soft sedimentary soils. If any suspected human remains are discovered during any activity you must:

1. Immediately cease all work at that location and not further move or disturb the remains.

2. Notify the NSW Police and Heritage NSW Environmental Line on 131 555 as soon as practicable and provide details of the remains and their location.

3. Not recommence work at that location unless authorised in writing by Heritage NSW.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting vi

1 Introduction

1.1 Project background

Biosis Pty Ltd has been commissioned by Green Edge Environmental to undertake an Aboriginal Cultural Heritage Due Diligence Assessment for the proposed footbridge and walking trail project, as part of the ‘Our Rivers, Our Regions’ program located at Balranald, New South Wales, 2715. Balranald Shire Council are proposing to construct a new footbridge over the Murrumbidgee River, a footway creating a circuit along the township zone of the river, fitness equipment, park furniture, sculptures and various styles of footpaths as part of concept designs. This due diligence report is to accompany a Review of Environmental Factors (REF) to support Council’s development application.

An assessment in accordance with the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW (DECCW 2010a) has been undertaken for the study area in order to inform responsibilities with regards to Aboriginal cultural heritage in the area. In addition to the basic tasks required for a due diligence assessment, an extended background review, as well as an archaeological survey in accordance with the Code of Practice for Archaeological Investigation of Aboriginal Objects in NSW (DECCW 2010b) (the code) was conducted.

1.2 Location of the study area

The study area is located within the Balranald Local Government Area (LGA), Parishes of Balranald (north Murrumbidgee River) and Mamanga (south of Murrumbidgee River in the, County of Caira (refer to Figure 1 and Figure 2).

1.3 Planning approvals

The proposed development will be assessed against Part 4 of the Environmental Planning and Assessment Act 1979 NSW (EP&A Act). Other relevant legislation and planning instruments that will inform the assessment include:

• National Parks and Wildlife Act 1974 (NSW) (NPW Act).

• National Parks and Wildlife Amendment Act 2010 (NSW).

• Balranald Local Environmental Plan 2010 (LEP).

1.4 Scope of the assessment

The following is a summary of the major objectives of the assessment:

• Conduct background research in order to recognise any identifiable trends in site distribution and location, including a search of the Aboriginal Heritage Information Management System (AHIMS).

• Undertake archaeological survey as per requirement 5 of the code, with particular focus on landforms with high potential for heritage places within the study area, as identified through background research.

• Record and assess sites identified during the survey in compliance with the guidelines endorsed by Heritage NSW.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 1

• Determine levels of archaeological and cultural significance of the study area.

• Make recommendations to mitigate and manage any cultural heritage values identified within the study area.

1.5 Proposed works

The proposed works are part of the ‘Our Rivers, Our Regions’ program located on either side of the Murrumbidgee River, Balranald, New South Wales. Appendix 1 provides details of the following concepts, including a revised works program which was provided to Biosis.

• New access tracks linking existing paths.

• New second swing bridge with integrated look-out tower on south side of river.

• Reinstatement of path in previous position to prevent lawn encroachment.

• New signage notifying significance of historic fig trees, sculpture and respite furniture.

• Proposed exposed aggregate path adjacent River Street.

• Proposed new pram crossings on River Street and Court Street.

• Proposed river-facing picnic tables (x3) along street reserve.

• Relocation of war heritage trail signs to edge of path and concrete.

• Repair of corner/approach path to bridge approach on Sturt Highway, link to renewed path and installation of wayfinding signage.

• Proposed reinstatement of timber wharf with story/heritage signage. Potential starting point for town-woolshed river tours.

• Proposed Option 1: Loop comprising interval training circuit with paths and installation of dynamic exercise apparatus.

• Proposed Option 2: 25 m by 10 m “Outdoor Gymnasium” including dynamic fitness aggregate with soft fall and concrete kerbing.

• Proposed water refill, bubbler and pet drinking bowl station.

• Proposed river-facing picnic tables along Turandurey Street.

• Proposed removable bollards preventing public vehicle access

• Notified vehicle parking.

• Proposed toilets.

• Proposed reinstatement of beach and historic ‘weathershed’.

• Proposed riverside all-access path extending from Mayall Street to Moa Street.

• Proposed resheeting/sealing of existing vehicle tracks.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 2 1.6 Aboriginal consultation

Balranald Local Aboriginal Land Council (BLALC) were consulted as part of the preparation of this due diligence assessment. Damein Aidon, CEO of BLALC was contacted by phone and email on 11 December 2019 to discuss the project and invite BLALC to participate in the site inspection.

A project inception meeting took place at the BLALC office on 10 January 2020 with members of the BLALC: Damein Aidon, Neville Murray and Ray Murray, Kylie McFadyen, Biosis, and Chris Alderton, Green Edge Environmental. The meeting discussed the background review of the study area, including existing Aboriginal sites within the region, the predictive archaeological model and the proposed concept plans for the project. No specific commentary on cultural significance of the area was provided by BLALC at this time.

The archaeological investigation (ground survey) took place following the inception meeting on 10 January and concluded 11 January 2020. Members of BLALC did not provide specific cultural knowledge of the study area during the survey, however discussed locations of Aboriginal sites (including scarred trees) within the vicinity of the study area. No specific concerns or recommendations were provided by BLALC representatives regarding the proposed concept design during the survey.

A copy of the Draft Due Diligence Assessment was provided to BLALC on 18 March 2020. No comments were received in regards to the draft report. Follow up correspondence by email and phone took place with Damein Aidon, BLALC to discuss changes to the project design including the relocation of the swing bridge away from registered site AHIMS 47-6-0051 Balranald Levee 7 and the removal of the previously planned sound shell from the design which was previously to be erected within an area of moderate archaeological potential located in within Survey Unit 7.

A final discussion was held with Damein Aidon via email and phone on 16 July 2020 to confirm if BLALC had recommendations or comments to be included as part of this assessment. Damein Aidon informed Biosis that BLALC, including Elders who participated in the survey, had no objections to the project going ahead and requested that a cultural induction be undertaken with all contractors involved in the project, prior to any ground disturbing works taking place.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 3 Ballina Moree Bourke

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2 Desktop assessment

A brief desktop assessment has been undertaken to review existing archaeological studies for the study area and surrounding region. This information has been synthesised to develop some Aboriginal site predictive statements for the study area and identify known Aboriginal sites and/or places recorded in the study area. This desktop assessment has been prepared in accordance with requirements 1 to 4 of the code.

2.1 Landscape context

The study area is located in the town of Balranald, New South Wales on the Murrumbidgee River where the Sturt Highway crosses the river. Balranald is 853 kilometres west of Sydney on the edge of the Hay Plain and services the surrounding irrigation district (Aussie Towns 2020).

2.2 Geology, soils and landforms

Soil landscapes have distinct morphological and topological characteristics that result in specific archaeological potential. They are defined by a combination of soils, topography, vegetation and weathering conditions. Soil landscapes are essentially terrain units that provide a useful way to summarise archaeological potential and exposure.

The study area is in the Riverine Plain, which includes the fluvial plains of the Murray, Murrumbidgee, Goulburn and Lachlan Rivers and their tributaries in northern Victoria and southern New South Wales (Butler et al. 1973). The geology of the study area is Quaternary Pleistocene deposits of the Cainozoic sedimentary Murray Basin (Scheibner 1998). The surface geology in the study area along the Qacm Alluvial channel deposits and meandering plain facies are have unconsolidated grey humic clayey, very fine grained sand overlying light brown clayey silt. The geology of the study area and surrounding region is shown in Figure 3.

The Riverland land system and the Murrumbidgee Channels and Floodplains (Mbc) Soil Landscape either side of Murrumbidgee River characterise the study area (see Figure 4). It is a landscape that includes three land systems, Murrumbidgee, Lowbidgee and Riverland and is described by Mitchell (2002) as “Quaternary alluvium on seasonally inundated floodplains, with active and inactive channels, billabongs, levees and swamps of the Murrumbidgee River and its effluent streams”. It includes scaled alluvial flats, broad elevated floodplains with relict channels and isolated sandy rises with grey and brown clay to 5 metre relief.

The study area is located within two bioregions; the Riverina and Murray Darling and is on the north and south banks of Murrumbidgee River (Office of Environment and Heritage 2020a, Office of Environment and Heritage 2020b). In NSW, bioregions are characterised by broad areas which contain natural features and environments that influence the functions of entire ecosystems. The Riverina bioregion has a dry semi-arid climate and is located in south-west New South Wales, extending into central-north Victoria. In total the Riverina bioregion is approximately 9,576,964 hectares, with 74.03 percent lying within NSW. Within the Riverina bioregion includes the towns of Hay, Coleambally, Deniliquin, Leeton, Mossgiel, Hillston, and Wentworth. The Murray Darling Depression bioregion is in the south-west corner of New South Wales and extends into Victoria and South Australia. It is 19,717,651 hectares and 40.71 percent of this is within NSW (Office of Environment and Heritage 2020a, Office of Environment and Heritage 2020b).

The Riverina bioregion is dominated by river channels, floodplains, backplains, swamps, lakes and lunettes that are all of Quaternary age. It covers the alluvial fans of the , Murrumbidgee River and the , west of the Great Dividing Range. The topography of the Riverina bioregion is very similar to the

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 6

Darling Riverine Plains bioregion, with the landscape being comprised of a series of overlapping, low gradient alluvial fans on the eastern half of the Murray Basin. Each fan differs slightly because of differences in the discharge of the streams (Mitchell 1839). The Murray Darling Depression if on Tertiary and Quaternary sediments which were deposited by shallow sea, lakes and rivers, with a landscape characterised by dunefields, sandplains and undulating plains of brown calcarenous soil. Lakes, depressions and swamps are numerous in this bioregion, with the lakes and swamps having well-formed lunettes on eastern margin, which contain evidence of human occupation and climactic changes (Office of Environment and Heritage 2020b). These lunettes have high potential to contain in-situ evidence of human occupation which could be of great antiquity (New South Wales National Parks and Wildlife Service 2003).

The climate in this bioregion is distinctly hot and dry with some areas being arid but that majority of the bioregion being semi-arid. The average temperature ranges from 3 to 35 degrees Celsius and the mean annual rainfall is 210 to 400 millimetres (Stern, de Hoedt, & Ernst 2000). Historically, these features support a wide range of food, medicine and tool making resources in the area, supporting an estimated pre-European population of 3000 Aboriginal people, dating back some five millennia, with a high probability of archaeological materials remaining within these landscapes today.

2.3 Flora and fauna

The study area is within the Southern Riverine Woodlands, floodplains, which can be subject to inundation, characterised by black box and river red gum. The vegetation along the channels and floodplains of the Murrumbidgee channels and floodplains soil landscape of open forest of river red gum (Eucalyptus camaldulensis), river cooba (Acacia stenophylla), cooba (Acacia salicina), lignum (Muehlenbeckia cunninghamii), nitre goosefoot (Chenopodium nitrariaceum) and grasses (Mitchell 2002).

The wider region includes distinct ecological zones, including open forest and open woodland, with riparian vegetation extending along many of the watercourses. Each ecological zone hosts a different array of floral and faunal species, many of which would have been utilised according to seasonal availability. Aboriginal inhabitants of the region would have had access to a wide range of avian, terrestrial and aquatic fauna and repeated firing of the vegetation would have opened up the foliage allowing ease of access through and between different resource zones. The woodlands and waterways surrounding Murrumbidgee River at Balranald would have generally provided a number of resources used by Aboriginal inhabitants such as plant fibres used to make string for nets, or to weave baskets and traps, bark for shelter, canoes, coolamons and shields, arboreal and land animals, as well as fish, shell fish and other aquatic animals.

2.4 Resource statement

The region surrounding the study area supports natural and modified vegetation communities. The term modified is used to describe land where the original natural vegetation cover has been cleared and replaced with agricultural land uses. The state of vegetation in these modified areas varies considerably, from recently cropped areas to regenerating native vegetation. Although areas of natural vegetation cover the study area, particularly along Murrumbidgee River, most plant communities have been disturbed or degraded as a result of altered water regimes, physical disturbance from earthworks, town development, livestock and pest animal grazing and weed invasion.

Resources in the vicinity of the study area would have provided adequate sources of nutrition for subsistence activities; however these resources would be largely tied to seasonal variations and the flow of the nearby Murrumbidgee River. In this respect, activities in and around the study area would resemble that elsewhere in Western New South Wales, with the Murrumbidgee finding parallels in the riverine environments

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 7

surrounding the Murray and Darling River systems, and the semi-arid plain, with its ancestral lakes being similar to other semi-arid areas such as Willandra.

The activities of the Barkindji linguistic group in the Darling Basin, north-west of the study area, have been well documented. Summer marked the period of highest productivity, with river flow being the strongest at this time. As a result of this, aquatic plants and animals were both abundant and nomadic avian species present to reproduce and feed. Cold conditions in winter coincided with lower flow of the river, leading to a marked decrease in available food resources, with fish and many crustaceans being either absent or in hibernation, and other sources, such as mussels, being present in decreased populations (Allen 1974, pp. 311). Although the Murray Darling Basin is a winter-spring dominant system, in contrast to the Darling River which is summer dominant, a similar theory of seasonal use applies to the lower Murray Darling basin. This theory of seasonal use explains the high density of Aboriginal sites located away from the riverine and lacustrine environments in the semi-arid and arid plains.

In contrast, the surrounding arid and semi-arid plains provided greater opportunities to local groups in winter. Although Allen (1974, pp. 311) observes that potential sources of food remain relatively stable throughout the year, these sources became more accessible during winter when the plains would become easier to traverse. During summer, high evaporation rates in these areas made water sources scare, sources which were generally more stable during winter, and allowed groups to traverse these arid regions in search of alternative food sources such as red kangaroo. As a result of this, Allen theorised that these groups would have stayed close to large water sources during summer, when sources of food were plentiful, and venturing into the surrounding arid and semi-arid areas in winter when these areas were more accessible, and the chances of obtaining food higher.

Descriptions are also available on resources available to groups around the Menindee Lakes as a part of Pardoe's (2003) study, which looked at how these resources and environments were used by groups in the area. Like the current study area and other examples described here, the Menindee Lakes area is characterised by a small number of permanent or semi-permanent water sources, which appear to supply a large portion of the landscape resources available to local groups, and arid or semi-arid plains surrounding these sources.

Pardoe noted ethnographic descriptions of Aboriginal resource use in the Menindee Lakes area, noting that different observers described drastically different situations there. Where Mitchell described large stretches of water, plentiful in waterfowl and fish (Mitchell 1839), Sturt in Pardoe described dried up lakes and local populations surviving almost entirely on roots (Sturt 1833). These descriptions give weight to the assertion made by both Pardoe and Allen that Aboriginal groups living in these environments would have employed both the riverine and arid/semi-arid environments.

A selection of resources common in the area has been compiled into Table 1 to give an indication of the resources available to local Aboriginal groups in and around the study area. Notably, the majority of the food sources mentioned in Table 1 are located within or in close proximity to rivers and lakes. This has partially to do with the greater availability of resources in these environments but it is also tied to early ethnographic observations made by explorers and surveyors such as Oxley, Mitchell, and Sturt.

These early explorers predominantly travelled close to the major rivers of the area, such as the Lachlan, Murrumbidgee, and Murray, and as a result of this, their observations mostly came as a result of interactions with Aboriginal groups in these environments. Aboriginal activity is not well documented away from water sources, creating a bias in the information available.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 8

Table 1 Landscape resources available to local Aboriginal groups.

Plant / animal Aboriginal use

Bulrush / Cumbungi Food source, fibres could be used to make twine (Mitchell 1839, Martin 2006, Martin 2010)

Black Box Wood used for boomerangs and other tools, bark used for canoes, dishes and shields, seeds as a food source, gum used as glue (Martin 2010)

Emus / emu eggs Food source (Allen 1974), bones could be used for tools, the fat for medicine, and feathers as ornaments (Martin 2010)

Fish species Food source, fat from these animals could also be used in medicine (Martin 2010)

Freshwater snail Food source (Martin 2010)

Lignum Food source – fresh shoots could be eaten raw (Martin 2010)

Marsh clubrush Food source (Martin 2010)

Possum Food source, skin could also be used to make cloaks (Martin 2010)

Red / grey kangaroo Food source, also used to make bags to hold seeds or water (Allen 1974),, bone was used for bone points, and the teeth for fish hooks (Martin 2010)

River mussel / lake mussel Food source (Martin 2010)

River red-gum Wood used for boomerangs and other tools, bark used for shields, dishes, and potentially boomerangs. (Martin 2010)

Rush Used to make nets for hunting (Martin 2010)

Saltbush Leaves used for medicinal wash, seeds ground and cooked (Martin 2010)

Snakes Food source (Martin 2010)

Termites, termite larvae, and Food source, termite nests could also be used for a heat retainer over (Martin termite eggs 2010)

Turtles Food source, fat for medicine (Martin 2010)

Water ribbon Food source – roots could be baked, and small fruits eaten (Martin 2006, Martin 2010)

Waterfowl / other aquatic birds Food source available in summer months in riverine environments (Allen 1974),

Yabby Food source (Martin 2010)

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 9 Q_af

Balranald

QH__w

Legend

Study area

Geological units O ' co nn CZwus - Shepparton Formation or S D tr t o e Q_acm - Alluvial channel deposits- e w et re lin t t g e Q_af - Alluvial floodplain S S e t t r ly r t l e e S a e Ch et deposits C tr u r S r e ch iv Q_af B e R a St QH__w - Woorinen Formation lla W re n et de lla S Balranald t t re e et e tr S k n a B

Balranald

Q_acm BALRANALD

MURRUMBIDGEE RIVER

YANGA CREEK

Figure 3 Geological formations within the

Yanga Creek vicinity of the study area

0 200 400 600 800 1,000

CZwus Metres

M Scale: 1:20,000 @ A3 o a Coordinate System: GDA 1994 MGA Zone 56 m a B a lr a n a ld ± Biosis Pty Ltd R a i lw Albury, Ballarat, Melbourne, urrumbidgee a M River y Sydney, Newcastle, Wangaratta & Wollongong

Matter: 31290, Acknowledgements: Basemap © NSW Land and Property Information 2016 Date: 05 March 2020, QH__w Checked by: KMF, Drawn by: AEDM, Last edited by: amurray Geology © Colquhoun G.P., Phillips, G., Hughes, K.S, Deyssing L., Fitzherbert, J.A., & Troedson, A.L. 2015. New South Wales Zone 54/56 Seamless Geology, version 1 [Digital Dataset]. Geological Survey of New South Wales, Maitland Location:P:\31200s\31290\Mapping\ 31290_F3_Geology.mxd Balranald

Mud

Mcs

Legend

Study area

Mitchell landscapes (V3) Mbc - Murrumbidgee Channels and Floodplains Mbl - Murrumbidgee Lakes, Swamps and Lunettes

Balranald Mcs - Mallee Cliffs Sandplains Mud - Murrumbidgee Balranald Depression Plains

Mbc

Mbl BALRANALD

gee Rive bid r m ru Mur

MURRUMBIDGEE RIVER Figure 4 Mitchell

YANGA CREEK landscapes within the vicinity of the study area

Yanga Creek 0 200 400 600 800 1,000

Metres

M Scale: 1:20,000 @ A3 o Coordinate System: GDA 1994 MGA Zone 54 a Mud m a B a lr a n a ± ld Biosis Pty Ltd R a i Albury, Ballarat, Melbourne, lw a Newcastle, Sydney, Wangaratta & Wollongong y

Matter: 31290 Date: 23 July 2020, Checked by: KMF, Drawn by: AEDM, Last edited by: amurray Acknowledgements: Basemap © Land and Property Information 2016; NSW Department of Environment and Climate Change (2008), Mitchell Landscapes (version 3) Location:P:\31200s\31290\Mapping\ 31290_F4_Soils

3 Aboriginal context

3.1 Ethnohistory and contact history

Aboriginal occupation of the region dates back to around 50,000 years ago (Hiscock 2008, pp. 44). The study area falls within an area identified by Tindale (1974) as being within the boundaries of the Mutthi Mutthi (Mathi Mathi) linguistic group. Although the boundaries of this group varies between the two maps the area occupied by the Mutthi Mutthi lies roughly from below Lake Mungo to down past Balranald. To the west the and Dadi Dadi groups are identified, the north is identified as the Barinji group and to the south is the Wathi Wathi (Wati Wati) group. The Yitha Yitha group are identified around the junction of the Lachlan and the Murrumbidgee to the east of the study area, while the Nari Nari are identified around the same area, but on the south side of the Lachlan River (Martin 2006, pp. 155).

Owing to the disturbance of Aboriginal culture by the arrival and colonisation of Australia by Europeans in the 18th and 19th centuries, the actual boundaries of these groups are difficult to identify with great confidence. Martin (2006) studied ethnographic sources from early European observers in an attempt to define these boundaries. Martin notes that the Mutthi Mutthi group was likely to have originally been comprised of two groups with similar languages, the Mutthi Mutthi, located near the junction of the Murray and Murrumbidgee, and the Wathi Wathi, located around present day Balranald (Martin 2006, pp. 151). Martin states that it is likely that these groups amalgamated at some point in recent history to form one group. The Mutthi Mutthi people were associated with Balranald, Carrawathal, Lake Benanee, Lake Reedy and Murrumbidgee River. More broadly the Mutthi Mutthi language group is associated with the Kulin language group of western Victoria (Martin 1999:25).

The first encounter many of these people would have had with Europeans was when Mitchell explored the inner regions of NSW. Mitchell (1835) kept journals of his explorations which detail many observations of Aboriginal people in the region before European settlement of the area. It is through these observations that an insight into the lifeways of Aboriginal people on the nearby Hay Plain, and the Lachlan and Murrumbidgee Rivers can be imagined (Figure 5).

In reference to features now known as Earth Mounds or Hearths, Mitchell states:

'One artificial feature, not observed by me in other places, distinguishes the localities principally frequented by the natives, and consists in the lofty mounds of burnt clay, or ashes used by them in cooking' (Mitchell 1839).

Mitchell describes the burial practices of Aboriginal people at the junction of the Lachlan and Murrumbidgee Rivers as small huts constructed over tombs. The junction of the Lachlan and Murrumbidgee Rivers is located north-east of the study area; therefore the following description provides good insight of Aboriginal lifeways within or near to the study area:

'Two of the tombs here consisted of huts, very neatly and completely thatched over, the straw or grass being bound down by a well-wrought net. Each hut had a small entrance on the south-west side, and the grave within was covered with dry grass or bedding on which lay however some pieces of wood. There was a third grave with coverings of the same kind, but it was not so neatly finished, nor was it covered with net. There were also graves without any covering; one where it appeared to have been burnt; and two old-looking graves were open, empty, and about three feet deep.' (Mitchell 1835).

Martin (2010, pp. 106–107) noted that an 1860 painting by Becker of two women at Balranald in mourning indicated that traditional burial practises continued into the post Contact period.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 12

Figure 5 A depiction of Mitchell's Aboriginal guide near Bebanee (Mitchell 1835) As non-Aboriginal people moved into the regional areas of New South Wales, the government began to establish reserves of land for Aboriginal people who were being dispossessed of their traditional lands. These reserves were not generally managed by the government, and from 1883, the Aborigines Protection Board (APB) provided rations and blankets to people living on the reserves (Office of Environment and Heritage 2020c). A number of reserves and land were set aside at Balranald at different times. In 1892, the Department of Lands withdrew an area of land (Reserve 16,447) in Balranald South in the Parish of Mamang, County Caira between Yanga Creek and Murrumbidgee River was reserved from sale for use by Aboriginal people (New South Wales Government Gazette 1892). This expanded in 1910, but was revoked in August 1950.

In an article from May 1893 about the Balranald Aboriginal Camp on the south side of Murrumbidgee River, it was noted that about a dozen people were living in the reserved land and that while some huts had been erected, government rations of one blanket was not enough to keep people warm. It was suggested the government should provide more, but that in the meantime people from the town might donate clothing, tobacco and other goods (Riverina Recorder 1893). In October of 1893 the Aborigines Protection Board received an application to lease land at the Balranald Aboriginal reserve, which APB refused as 20 people were residing on the land and “in their interests it would be objectionable to lease the ground”. Local police were instructed to make certain that the people living on the reserve were not disturbed (The Sydney Morning Herald 1893). In 1902, Edward William O’Sullivan, minister for Public Works, set aside a portion of land for an Aboriginal Cemetery within the Balranald Irrigation Area, under the Balranald irrigation Act 1902 (Government Gazette of the State of New South Wales 1902). A 61 acre parcel of land, reserve 66640, was gazetted for Aboriginal use on the north side of Murrumbidgee River just south-west of the township of Balranald on 19th March 1937 (see Figure 7). The gazetting was revoked in 1975. Reserve 84805 was gazetted in Lot 21, Section 22 in the Parish of Mamanga in 1964 and revoked ten years later.

The land along Murrumbidgee River near Balranald maintains cultural significance to the people. To the east of the township on the river is the site of the Dippo Ceremonial Ground, where corroborrees were held up until 1919. The place includes a birthing tree which was used into the 20th century and Aboriginal

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 13

people camped here into the 1930s. After this time the reserve on the western side of Balranald was established (see above).

3.2 Regional context

A number of Aboriginal cultural heritage investigations have been conducted for the areas surrounding Balranald and in the region. Models for predicting the location and type of Aboriginal sites with a general applicability to the region and thus relevant to the study area have also been formulated, some as part of these investigations and others from cultural heritage investigations for large developments. Looking at a wider area around Balranald, there are close links between it and other riverine/mallee environments within New South Wales, notably the Mungo, Willandra, and Menindee Lake systems, the Lachlan, and the Murray. These links become clearer when discussing the work of Allen (1974) and his discussion of the Bagundji (Barkindji) people in the Darling Basin. The links between the riverine and arid/semi-arid environments have clear parallels within the study area, with the Murrumbidgee River situated in the study area.

3.2.1 Regional overview Barber, Ruhl and Bradley (2016) prepared an Aboriginal Cultural Heritage Assessment for the Balranald Solar Farm, 15 kilometres south of the current study area and the town of Balranald. The proposed solar farm was 1000 hectares and no Aboriginal sites had been previously recorded. Water sources were considered the main factor in site location, however, despite there being no water sources nearby it was noted that the region had been occupied by Aboriginal people for tens of thousands of years and cultural heritage sites including stone artefact distributions, hearths and scarred trees were likely to be recorded. During the survey of their study area eight artefacts, three hearths and two clusters of burnt clay/ovens were recorded. These were registered as;

• Sunraysia Solar Open Site 1, which comprised seven artefacts, the three hearths, considered to have moderate research potential, including in situ deposits, and was identified as having cultural importance.

• Sunraysia Solar Oven 1 and Sunraysia Solar Oven 2, both identified as being of low scientific significance and negligible research potential.

Biosis (2017a, 2017b) prepared a Cultural Heritage Assessment and an Aboriginal Cultural Heritage Assessment for the 2,058 hectare Limondale Sun Farm 14 kilometres south of Balranald, in the Murray Darling Depression bioregion. Five Aboriginal sites (47-5-0008, 47-5-0603, 47-5-0604, 47-5-0605 & 47-5-0606) were previously recorded within their study area. During the survey, eleven Aboriginal sites were recorded, including artefacts scatters, hearths, earth mounds and a , and one Potential Archaeological Deposit (PAD) (47-5-0045, Limondale 1, 47-5-0826, Limondale 2, 47-5-0827, Limondale 3, 47-5-0828, Limondale 4, 47-5-0829, Limondale 5, 47-5-0830, Limondale 6, 47-5-0831, Limondale 7, 47-5-0834, Limondale 8, 47-5-0046, Limondale 9, 47-5-0833, Limondale 11, & 47-5-0832, Limondale 12). Two of the sites had post- contact material. One historic site, a small cottage, was also recorded. The Limondale property was noted to have been highly modified and disturbed by ongoing agricultural land use, such as recent ploughing and harvesting. However a number of Aboriginal sites, including the most common of the region, earth mounds, artefact scatters and campfires, were all recorded. Earth mounds indicate long term use of the landscape and are usually near water sources, however there was no evident water source within the Biosis study area.

Biosis (2018) conducted salvage works at Limondale 1 (AHIMS 47-5-0045), Limondale 9 (AHIMS 47-5-0046), and Limondale 11 (AHIMS 47-6-0833), while the sites had been subject to further disturbance from ploughing, 21 flaked artefacts of rhylolite, quartzite, and silcrete were collected during salvage. Test excavations of 16 50x50 centimetre test pits at Transmission Line 5 (AHIMS 47-6-0605) and Transmission Line 6 (AHIMS 47-6- 0606) were also conducted and no additional artefacts or cultural material was located.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 14

Biosis (2016) undertook an assessment of a proposed water pipeline between Maude and Hay in NSW. The study area assessed a 65 kilometre pipeline route and located 21 Aboriginal heritage sites which included artefact scatters, hearths, earth mound and midden sites as well as a post contact site. Archaeological test excavation was undertaken at four locations within the Biosis study area and the subsurface assessment revealed archaeological deposits dating to 49,200 years BP.

Ironbark Heritage and Environment (2015) undertook a study of the Nimmie-Caira area for the Nimmie- Caira Enhanced Environmental Water Delivery Project. The project conducted 68 separate surveys in a 32 square kilometre area and identified 312 Aboriginal sites with 469 heritage features that included 40 burials, 46 modified trees, mounds, hearths, and artefacts.

Biosis (2015) undertook a desktop assessment for a soil sampling program being undertaken in the Nimmie- Caira region. The study area was located on the lower Murrumbidgee River floodplain, near the town of Balranald and covered an area of 85,000 hectares. The assessment located 274 Aboriginal heritage sites listed in the AHIMS along with the 312 Aboriginal sites located by Ironbark Heritage, three landforms considered to be of high potential and two geomorphological units of moderate potential were also predicted by the assessment.

Martin (2010) undertook a large scale assessment of aboriginal sites in the Lower Murrumbidgee and Lower Lachlan River wetlands and floodplains in NSW focusing on the links between the regional archaeology and wetland environments, which included the current study area. Martin divided the Lower Murrumbidgee into four major landforms based on hydrological data these being the Murrumbidgee River, Nimmie-Caira Creeks, Redbank System to the north of the current study area, and Uara/Fiddlers Creek. The current study area is in the Redbank System, which included both sides of the Murrumbidgee at Balranald and is a large floodplain dissected by channels and some distributary creeks. Martin conducted surveys within each of these landforms targeting areas that had not been the focus of previous cultural heritage surveys. Martin then used the results of these surveys to fill gaps in the archaeological record and develop predictive models for the Rivers Environmental Restoration Program (RERP).

Martin recorded a total of 1168 sites within the Lower Murrumbidgee and Lachlan River areas with 1306 features including mounds, ovens, middens, modified trees, burials, and artefacts being identified. As part of the surveys Martin also focused heavily on natural resources within the study areas, recording evidence of potential and utilised plant and faunal resources available in wetland regions. Martin found that the most common stone material recorded was silcrete and noted that silcrete outcrops were known on the Murray River at Euston and at Ivanhoe and Lake Mungo. Black hornfels were present and may have been sourced from Griffith. Quartz, quartzite and other fine grained stone was also recorded. The nearest Aboriginal site to the current study area was the Balranald fish trap (47-6-0001), which had been previously recorded and listed on AHIMS, but due to river depth at the time could not be seen. It was noted that the fish trap may be one of the sites that provides further evidence of raw material and ochre availability in the area.

Witter (2000) undertook a large scale assessment of Aboriginal sites in NSW, looking at regional variation on site types and distributions to develop a better understanding of how sites are preserved, and what natural processes impact on site preservation, with a particular focus on open camp sites. As a part of this study, Witter divided the state into eight Archaeological regions, based on the pre-existing Interim Biogeographic Regionalisation for Australia. The current study area falls under the Riverine plains region (Witter 2000, pp. 140).

The Riverine plains region is described as an area of alluvial plains cut by the Murray, Murrumbidgee, and Lachlan Rivers. It also contains a network of paleo channels and lake beds, containing deposits dating to the late Holocene and early Pleistocene. Witter noted that owing to a lack of raw material in the region, stone artefacts are relatively scarce and small, although the presence of hearths can assist in identifying camp sites.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 15 Mounds are also a noted feature of this region, particularly on the Hay Plain, where they reach a larger size than elsewhere, and tend to contain larger numbers of stone artefacts.

Witter noted that in the past 200 years, a large part of the region had been cultivated, which has led to the destruction of archaeological traces through the flattening of mounds and ploughing of the ground surface. Witter describes the mound settlements as the most extraordinary features in Australian archaeology, as they suggest the region to be a major population centre of Aboriginal Australia (Witter 2000, pp. 142).

It was concluded that that although the factors impacting on the preservation of open campsites in NSW vary, there are a number of main ones, including the erosion of soil profiles, hill slope erosion, gullying and drilling, blowouts, and clay pan expansion. He also notes that the introduction of domestic grazing animals has had a large impact on the archaeological record, as they accelerate the natural factors mentioned above (Witter 2000, pp. 146).

Fanning (1999) conducted a study of recent changes in the arid zone of Western NSW, looking at regional change in the nineteenth and twentieth centuries. Fanning argues that since European settlement of Australia, soil erosion rates have drastically increased, to around 145 times their 'natural' rate (Fanning 1999, p. 191). Fanning concludes that the introduction of domestic grazing animals, along with changes in land use and their associated effects (decreased vegetation cover, tree cutting etc.) has enhanced runoff in the arid zone. This has in turn increased the impact this water flow has had on the erosion of soils.

Klaver (1987, 1990, 1998) has completed a number of studies focusing on the central Murrumbidgee and surrounds, primarily the area between Narrandera and Hay, 115 kilometres east of the current study area. Klaver's work includes large scale survey to identify Aboriginal sites, and the excavation and dating of mound sites. As with Martin (2006, 2010), a major focus of Klaver's work was earth mounds.

The excavations conducted by Klaver identified the mounds as the result of the in situ use of baked clay heat retainer ovens. Dates obtained from the Cooey Point Lagoon excavations identified a range of dates between 400 to 2660 BP. However Klaver noted that the date of 2660 BP comes from the 'core' of the mound, and that the overlying material was dated to 2000 years later.

Pardoe (1995) attempted to develop a regional model relating biological and cultural change in south-eastern Australia, with a focus on societies in the Murray-Darling River system. The biological discussion undertaken is closely linked with recovered skeletal remains, discussing the gradual changes seen in these remains and their potential links to changes in environment and cultural change. Explanations included a predator-prey model, stating the predator (human) size evolves alongside prey (animal) size, and that with the decrease in prey size after megafaunal extinction, predator size decreased too. A biocultural model is also put forward, relating skull size to various factors including warfare, famine, and disease.

Edmonds (1993) conducted an archaeological survey for road and bridge approaches where Sturt Highway crosses Yanga Creek approximately 5.8 kilometres south south-east of the current study area. A very high effective survey coverage of 70% of the survey area was attributed to exposure from sheet erosion, rabbit activity, vehicle tracks and disturbance resulting from previous dismantling of road and rail. As a result, six Aboriginal sites were recorded, four scarred trees on black box trees (Yanga Ck Scarred Tree 1, Yanga Ck Scarred Tree 2, Yanga Ck Scarred Tree 3, & Yanga Ck Scarred Tree 4) and two freshwater mussel shell middens (Yanga Ck Midden 1 & Yanga Ck Midden 2). Yanga Ck Scarred Tree 1 and Yanga Ck Scarred Tree 4 were assessed as being of moderate scientific significance and the remainder of the sites were assessed as being of low scientific significance. In addition to these sites, a number of non-Aboriginal scarred trees, from pre-1930s stripping for strychnine baits for rabbits and one tree carved with the 1956 flood level were also recorded. Edmonds noted that subsurface archaeological material may occur in the form of freshwater mussel midden deposits.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 16 3.3 Local context

The study area is located along the resource rich environment of Murrumbidgee River at Balranald. This environment would have provided Aboriginal people in the region with a reliable water, food and other resources, such as bark from red gums and box trees and reeds for weaving. As can be seen in Section 3.2.1, archaeological survey at Balranald has been limited, and therefore, when limited survey is combined with a resource rich area, it is likely that currently unrecorded Aboriginal sites exist within the study area. The currently recorded Aboriginal sites discussed below provide an indication of the variety of unrecorded site types that may exist within the study area.

One Aboriginal Cultural Heritage Assessment was conducted in Balranald, which included sections of the current study area on the north side of Murrumbidgee River. Edmonds (2003) conducted an archaeological survey for the Balranald levee system, which needed rehabilitation of the existing levee system and construction of a new levee system and borrow pits. Edmonds noted that the most likely Aboriginal sites within her study area would be scarred trees, shell middens or camp sites along Murrumbidgee River, and that some sites would have been destroyed by urban development in Balranald. Most of the land impacted by the levees was noted to have already been subject to previous disturbance by rural and urban development. A preliminary survey was conducted in 1998 and a second survey was conducted in 2002.

In total, Edmonds recorded eleven scarred trees on black box or red gum trees (Balranald Levee 1/1, Balranald Levee 1/2, Balranald Levee 1/3, Balranald Levee 2, Balranald Levee 3, Balranald Levee 4, Balranald Levee 5, Balranald Levee 8, Police Paddocks 1, Police Paddocks 2 & Police Paddocks 3) and two shall middens, both within the current study area (47-6-0047, Balranald Levee 6 & 47-6-0051, Balranald Levee 7). The middens were recorded on the high bank of the river and 47-6-0047 was noted to have been destroyed by stormwater drain construction subsequent to its original recording during the preliminary survey, while 47-6- 0051 had also been disturbed by park landscaping. In addition to these sites, one previously recorded scarred tree (Police Paddocks) adjacent to Edmonds’ study area was reinspected.

Of the Aboriginal sites recorded by Edmonds, the middens were assessed as having low to moderate scientific significance and the scarred trees were assessed as having low scientific significance. All Aboriginal cultural sites were noted to have significance to the Muthi Muthi community. One non-Aboriginal survey marker blaze tree was also recorded. The riverbank was the only part of Edmonds’ study area to have potential subsurface archaeological deposits, while the floodplain was more likely to contain scarred trees.

3.3.1 Identified Aboriginal archaeological sites An extensive search of the AHIMS database was conducted on 6 January 2020 (Client service ID: 475030). The search identified 21 Aboriginal archaeological sites within a one kilometre search area, centred on the proposed study area (Table 2 and Table 3). One of these registered sites (47-6-0051 Balranald Levee 7) is located within the study area, and 47-6-0047 Balranald Levee 6 is located in close proximity, approximately 20 metres away (Figure 6). The mapping coordinates recorded for these sites were checked for consistency with their descriptions and location on maps from Aboriginal heritage reports where available. These descriptions and maps were relied where notable discrepancies occurred.

It should be noted that the AHIMS database reflects Aboriginal sites that have been officially recorded and included on the list. Large areas of NSW have not been subject to systematic, archaeological survey; hence AHIMS listings may reflect previous survey patterns and should not be considered a complete list of Aboriginal sites within a given area.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 17

Table 2 AHIMS search results

AHIMS site no* Site name Site features

47-6-0008 Balranald Mission Earth Mound, Shell, Artefact

47-6-0015 Police Paddock Scarred Tree; Modified Tree (Carved or Scarred)-

47-6-0016 Muhti Muhti Reserve Midden; Earth Mound, Shell, Artefact

47-6-0001 Balranald Fish Traps Fish Trap

47-6-0002 Balranald Mission Cemetery and Island Aboriginal Ceremony and Dreaming, Burial

47-6-0006 Balranald Burial Grounds Burial, Modified Tree (Carved or Scarred)

47-6-0046 Balranald Levee 1 Modified Tree (Carved or Scarred)

47-6-0044 Balranald Levee 5 Modified Tree (Carved or Scarred)

47-6-0045 Balranald Levee 2 Modified Tree (Carved or Scarred)

47-6-0047 Balranald Levee 6 Shell Midden (within 20 metres)

47-6-0048 Balranald Levee 3 Modified Tree (Carved or Scarred)

47-6-0049 Balranald Levee 4 Modified Tree (Carved or Scarred)

47-6-0050 Balranald Levee 8 Modified Tree (Carved or Scarred)

47-6-0051 Balranald Levee 7 Shell Midden

47-6-0052 Police Paddocks 3 Modified Tree (Carved or Scarred)

47-6-0053 Police Paddocks 2 Modified Tree (Carved or Scarred)

47-6-0058 Yanga Creek Mound 1 Earth Mound

47-6-0326 LALC Scar Tree Modified Tree (Carved or Scarred)

47-6-0327 Island Scar Tree Modified Tree (Carved or Scarred)

47-6-0608 Balranald Common Canoe Tree 1 Modified Tree (Carved or Scarred)

47-6-0930 Gumbalaya Sleeping Lady: HB1180 Burial * Aboriginal sites within study area are in bold

Table 3 AHIMS sites within the study area

Site type Occurrences Frequency (%)

Shell midden 1 100

47-6-0047 Balranald Levee 6 and 47-6-0051 Balranald Levee 7 are middens recorded by Edmonds as part of the Cultural Heritage Assessment for the Balranald Levee (2003). A preliminary survey was conducted in 1998 and a second survey was conducted in 2002. The sites were recorded on the high bank of the river on the Balranald township side of the river with 47-6-0047 observed to have been destroyed by stormwater drain construction subsequent to its original recording during the preliminary survey, while 47-6-0051 had also been disturbed by park landscaping. Both sites were assessed by Edmonds to be of low integrity and of low-medium significance.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 18 Summary An analysis of the Aboriginal cultural heritage sites registered within one kilometre of the study area indicates that the dominant site feature type is Modified Tree (Carved or Scarred), representing 66.6 percent (n=14), with Burials, Shell Middens and Earth Mounds (all including multi featured sites) of 14.3 percent (n=3) each. An Aboriginal Ceremony and Dreaming site (including a previously mentioned burial) and Fish Trap comprised were represented by 4.8 percent each (n=1 each). All the sites were located within close proximity to the reliable sources of water, were either exposed by the land clearing works (artefact scatters and mounds), or in the areas with remnant native vegetation (modified or scarred trees).

In addition to these Aboriginal sites, a search of the New South Wales Heritage Register shows that one Declared Aboriginal Place, Dippo Ceremonial Ground Aboriginal Place, is listed on the NPW Act – Aboriginal Place, Gazette Number 158, under the theme 2. Peopling the continent, Local theme Aboriginal Culture. Located on the north side of Murrumbidgee River adjacent to the Balranald District Hospital in an area of open woodland with river red gums, scrub willow and yellow box trees. Dippo Ceremonial Ground is the location of a birthing tree used up until at least the 20th century, as well as the site of the farewell corroboree in 1919, and the Muthi Muthi people camped here until the 1930s (NSW Environment, Energy and Science 2020a). Three Aboriginal sites are recorded on the Balranald local government heritage list, these are the Dippo Ceremonial Ground, Aboriginal Cemetery on Island Road, and the Fish Traps on Murrumbidgee River at Balranald (NSW Environment, Energy and Science 2020b).

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 19 47-6-0008 (! Balranald

Legend

Study area

!( AHIMS record

47-6-0046 (! (! 47-6-0048 47-6-0045 (!

47-6-0049 (! 47-6-0016 47-6-0044 (! (! 47-6-0050 (! 47-6-0051 (! 47-6-0053 (! 47-6-0001 (! 47-6-0052 47-6-0930 47-6-0047 47-6-0058 (! (! (! (! 47-6-0006 (!

47-6-0015 (!

Figure 6 AHIMS records near the study area 47-6-0608 (!

47-6-0002 NOT TO BE MADE PUBLIC (! 0 200 400 600 800

Metres Scale: 1:15,000 @ A3 Coordinate System: GDA 1994 MGA Zone 54 47-6-0326 (! 47-6-0327 ± Biosis Pty Ltd

Albury, Ballarat, Melbourne, Newcastle, Sydney, Wangaratta & Wollongong

Matter: 31290 Date: 05 March 2020, Checked by: KMF, Drawn by: AEDM, Last edited by: amurray Acknowledgements: © Department of Finance, Services & Innovation 2018 Location:P:\31200s\31290\Mapping\ 31290_F5_AHIMS 3.3.2 Predictive statements A series of statements been formulated to broadly predict the type and character of Aboriginal cultural heritage sites likely to exist throughout the study area and where they are more likely to be located.

This model is based on:

• Local and regional site distribution in relation to landform features identified within the study area.

• Consideration of site type, raw material types and site densities likely to be present within the study area.

• Findings of the ethnohistorical research on the potential for material traces to present within the study area.

• Potential Aboriginal use of natural resources present or once present within the study area.

• Consideration of the temporal and spatial relationships of sites within the study area and surrounding region.

Based on this information, a predictive model has been developed, indicating the site types most likely to be encountered during the survey and subsequent sub-surface investigations across the present study area (Table 4). The definition of each site type is described firstly, followed by the predicted likelihood of this site type occurring within the study area.

Table 4 Aboriginal site prediction statements

Site type Site description Potential

Flaked stone artefact Artefact scatter sites can range from high- Moderate: Stone artefact sites have been scatters and isolated density concentrations of flaked stone and previously recorded in the region on level, artefacts ground stone artefacts to sparse, low- well-drained topographies in close proximity density ‘background’ scatters and isolated to reliable sources of fresh water. Due to the finds. study area being within and adjacent to a permanent fresh water resource, the potential for artefacts to be present within the study area is assessed as moderate.

Shell middens Deposits of shells accumulated over either Moderate to High: One shell midden site singular large resource gathering events or have been recorded within the study area, over longer periods of time. and an additional midden in the close vicinity. There is a moderate to high potential for additional shell middens to be located in the study area due to its location on a permanent water source.

Modified trees Trees with cultural modifications Moderate to High: Scarred trees are the most common site type within the vicinity of the study area. Due to some remnant vegetation within and near the study area a number of mature native trees would have survived within the study area.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 21

Site type Site description Potential

Potential Potential sub surface deposits of cultural Moderate: PADs have been previously Archaeological Deposits material. recorded in the region across a wide range (PADs) of landforms. PADs are likely to be present within areas adjacent to water courses especially on high points in undisturbed landforms overlooking the water.

Aboriginal Ceremony Such sites are often intangible places and Low to Moderate: There is one Dreaming and Dreaming sites features and are identified through oral place and one ceremonial ground recorded histories, ethnohistoric data, or Aboriginal within one kilometre of the study area. informants. Therefore there is some potential that the ceremonial uses may have occurred within the study area.

Post-contact sites These are sites relating to the shared history Low to Moderate: The early contact period of Aboriginal and non-Aboriginal people of included interactions between pastoral an area and may include places such as squatters and Aboriginal people along the missions, massacre sites, post-contact camp Murrumbidgee. In addition, there were at sites and buildings associated with post- least two Aboriginal reserves located contact Aboriginal use. adjacent to the study area to the west and east on the Murrumbidgee River. Therefore it is likely that there is a possibility that the study area was used in the post contact period and therefore some material evidence may exist within the study area.

Aboriginal places Aboriginal places may not contain any Moderate: There is substantial evidence that ‘archaeological’ indicators of a site, but are Aboriginal people were accessing the river in nonetheless important to Aboriginal people. the post contact period for birthing, They may be places of cultural, spiritual or ceremonial activities, camping as well as historic significance. Often they are places living in reserves along the river. Therefore it tied to community history and may include is likely that the Muthi Muthi camped along natural features (such as swimming and the river within the study area prior to being fishing holes), places where Aboriginal moved onto reserves in the late 19th century. political events commenced or particular There are no Aboriginal places previously buildings. recorded in the study area, but due to the reasons above, there is a possibility that the study area was used for cultural and/or spiritual activities.

Burials Aboriginal burial sites. Low: Aboriginal burial sites are generally situated within deep, soft sediments, mounds, caves or hollow trees. Areas of deep sandy deposits will have the potential for Aboriginal burials. The soil profiles associated with the study area are not commonly associated with burials.

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Site type Site description Potential

Quarries Raw stone material procurement sites. Low: There is no record of any quarries being within or in the region of the study area.

Grinding grooves Grooves created in stone platforms through Low: Suitable horizontal sandstone rock ground stone tool manufacture. outcrops could occur along drainage lines.

Rock shelters with art Rock shelter sites include rock overhangs, Low: The sites will only occur where suitable and / or deposit shelters or caves, and generally occur on, or sandstone exposures or overhangs next to, moderate to steeply sloping ground possessing sufficient sheltered space exist. characterised by cliff lines and escarpments. This geological feature is not present in the These naturally formed features may study area. contain rock art, stone artefacts or midden deposits and may also be associated with grinding grooves.

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4 Historic Overview

4.1 Historic Background

The town of Balranald was gazetted in 1851 as part of the wider settlement that occurred along the Murrumbidgee River in the Riverina Bioregion. Pastoral stations were established from the 1830s primarily for cattle grazing, with sheep becoming the primary stock by the 1860s with the expansion of the wool industry (Eardley 1999). The study area was at the junction of three pastoral stations, Canally and Paika on the north side of the Murrumbidgee and Yanca on the south side (Figure 7). In the early 19th Century, several dams were built throughout the region allowing for the production of water reliant crops such as rice and cotton (Eardley 1999). Over the last 150 years, the region has seen extensive changes in terms of vegetation distribution and condition (Eardley 1999). Figures 8 to 10 provide historical imagery of the development of the township of Balranald and the historical development of the study area.

Figure 7 Part of 1903 Map of Pastoral Stations showing Balranald and Surrounding region (HEC Robinson 1903)

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Figure 8 Part of Township of Balranald and Adjoining Lands (Dept. of Lands, New South Wales 1971)

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Figure 9 PS Oscar towing barge under bridge at Balranald, Murrumbidgee River c. 1912 (Gosdon Collection 1912)

Figure 10 Remains of Hartman’s Wharf on Murrumbidgee River at Balranald, c. 1912 (Gosdon Collection 1912)

4.2 Heritage Register Search

A search of the New South Wales Heritage Register was conducted on 31 January 2020. Historic places recorded at Balranald (excluding the Aboriginal places discussed in Section 3.3.1 and Table 5) include the Balranald Fire Station, and 13 places associated with weirs and regulators of Murrumbidgee River (Table 5).

None of these historic places are located within the study area.

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Table 5 Local and State Government Heritage Listings near Study Area

Item name Address Information

source

Aboriginal Cemetery Island Road LGOV

Balranald Fire Station 123 Market Street SGOV

Balranald Fire Station 123 Market Street LGOV

Dippo Ceremonial Ground Murrumbidgee River LGOV

Fish Traps Murrumbidgee River, Downstream of LGOV

Juanbung Regulator No. 101 Off Murrumbidgee River SGOV

Juanbung Weir Regulator (2) No. 112 Off Redbank Channel SGOV

Juanbung Weir Regulator (3) No. 112 Off Redbank Channel SGOV

Weir Road Regulator (1) No. 108 Off Redbank Channel SGOV

Weir Road Regulator (1) No. 108 Access Road Bridge Off Redbank Channel SGOV

Weir Road Regulator (2) No. 109 Off Redbank Channel SGOV

Weir Road Regulator (2) No. 109 Access Road Bridge Off Redbank Channel SGOV

Weir Road Regulator (3) No. 109 Off Redbank Channel SGOV

Weir Road Regulator (3) No. 110 Access Road Bridge Off Redbank Channel SGOV

Weir Road Regulator (4) No. 109 Off Redbank Channel SGOV

Weir Road Regulator (4) No. 111 Access Road Bridge Off Redbank Channel SGOV

Wynburn Escape Regulator Off Murrumbidgee River SGOV

Yanga Regulator No. 102 Off Murrumbidgee River SGOV

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 27

5 Archaeological investigation

An archaeological investigation of the study area was undertaken on 10-11 January 2020 by Kylie McFadyen, Biosis and members of the BLALC: Damein Aidon, Neville Murray and Ray Murray, with assistance by Chris Alderton, Green Edge Environmental.

5.1 Archaeological survey aims

The principle aims of the survey were to:

• Undertake a systematic survey of the study area targeting areas with the potential for Aboriginal heritage.

• Identify and record Aboriginal archaeological sites visible on the ground surface.

• Identify and record areas of Aboriginal archaeological and cultural sensitivity.

5.2 Survey methods

The survey was conducted on foot. The study area was divided into seven survey units (SU) as shown in Figure 11. Survey effort is shown in Figure 12. Recording during the survey followed the archaeological survey requirements of the code and industry best practice methodology. Information that recorded during the survey included:

• Aboriginal objects or sites present in the study area during the survey, including ground-truthing of registered AHIMS site 47-6-0051 Balranald Levee 7. AHIMS site 47-6-0047 Balranald Levee 6 was also investigated due to being in close proximity (20 metres) to the study area.

• Survey coverage.

• Any resources that may have potentially have been exploited by Aboriginal people.

• Landform elements, distinguishable areas of land approximately 40 metres across or with a 20 metres radius (CSIRO 2009).

• Photographs of the site indicating landform.

• Ground surface visibility (GSV) and areas of exposure.

• Observable past or present disturbances to the landscape from human or animal activities.

• Aboriginal artefacts, culturally modified trees or any other Aboriginal sites.

Where possible, the identification of natural soil deposits within the study area was undertaken. Photographs and recording techniques were incorporated into the survey including representative photographs of survey units, landform, vegetation coverage, GSV and the recording of soil information for each survey unit were possible. Any potential Aboriginal objects observed during the survey were documented and photographed. The location of Aboriginal cultural heritage and points marking the boundary of the landform elements were recorded using a hand-held Global Positioning System and the Map Grid of Australia (94) coordinate system.

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5.3 Constraints to the survey

With any archaeological survey there are several factors that influence the effectiveness (the likelihood of finding sites) of the survey. Factors that contributed most to the effectiveness of the survey within the study area was a lack of ground surface visibility due to a significant amount of leaf litter, fallen tree branches and extensive grass coverage in landscaped areas.

5.4 Visibility

In most archaeological reports and guidelines visibility refers to GSV – ground surface visibility, and is usually a percentage estimate of the ground surface that is visible and allowing for the detection of (usually stone) artefacts that may be present on the ground surface (DECCW 2010b). Visibility varied throughout the study area, approaching 40% in the northern town side of the river, to nil in other parts such as the southern side of the river.

GSV across the study area was typically low (15%) due to extensive grass coverage (Photograph 1) in landscaped areas and leaf litter (Photograph 2) and fallen tree limbs throughout the study area, particularly in areas south of the river.

Photograph 1 Example of poor GSV within grassed landscaped areas of study area. Note remnant edging of former path.

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Photograph 2 Example of poor GSV caused by leaf litter within study area (SU3).

5.5 Exposure

Exposure refers to the geomorphic conditions of the local landform being surveyed, and attempts to describe the relationship between those conditions and the likelihood the prevailing conditions provide for the exposure of (buried) archaeological materials. Whilst also usually expressed as a percentage estimate, exposure is different to visibility in that it is in part a summation of geomorphic processes, rather than a simple observation of the ground surface (Burke & Smith 2004, pp. 79, DECCW 2010b). Overall, the study area displayed areas of exposure around 15% due to extensive grass coverage and leaf litter as described in Section 5.4. Areas of exposure were located within existing tracks (Photograph 3), beneath mature trees (Photograph 4), areas cleared of vegetation (Photograph 5), where erosion had occurred and within exposed levees. Areas of exposure were more prominent within survey units north of the river where more development and disturbance has occurred.

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Photograph 3 Area of exposure on existing walking track within SU7.

Photograph 4 Area of exposure beneath mature trees within SU7.

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Photograph 5 Area of exposure within SU4.

5.6 Disturbances

Disturbance in the study area is associated with natural and human agents. Natural agents generally affect small areas and include the burrowing and scratching in soil by animals, such as wombats, foxes, rabbits and wallabies, and sometimes exposure from slumping or scouring. Numerous rabbit warrens were located during the ground survey, particularly south of the river. Disturbances associated with recent human action are prevalent in the study area and cover several sections of the land surface, particularly north of the river. The agents include development such as landscaping for the creation of parks and public recreation areas, levee stabilisation, walking tracks and paths, adjacent roads and residential development, infrastructure such as seating, boat ramps and a swing bridge. Areas of the study area have been cleared of native vegetation and experienced ground levelling. The eastern most portion of the study area has been utilised as a caravan park and includes a number of disturbances from the installation of services such as gas, electricity and drainage. Disturbances within the study area are shown in Photographs 6 to 9.

Throughout the study area exposure of soil layers were visible. The soil present in these locations comprised alluvial sand, likely deposited by flood events over several thousands of years, and had been subject to disturbance from vehicles, minor excavation and pedestrian activity. Where high levels of disturbance and modifications to the soil profiles throughout the study area, the potential for Aboriginal sites or objects to be present in situ is deemed to be low.

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Photograph 6 Ground disturbance via installation of services within SU6.

Photograph 7 Ground disturbance caused by existing walking tracks.

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Photograph 8 Example of services including drainage and electrical installations.

Photograph 9 Example of clearing of landscaping and recreational use within SU5.

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5.7 Investigation results and discussion

The archaeological investigation consisted of a total of seven survey units (SU1-7) which were walked across the entire study area. Survey participants traversed the study area at intervals of approximately 2 to 4 metres apart for maximum survey coverage. The results of the field investigation have been summarised below and survey unit locations are provided in Figure 11. Survey effort is shown in Figure 12. An assessment of impact of the proposed works for each survey unit is also discussed below.

Survey Unit 1 (SU1) comprised of a section of the proposed new walking track extending adjacent the Murrumbidgee River easterly towards what is referred to as “the bottleneck”. Apart from some areas of exposure under mature trees, this survey unit had little to no GSV due to extensive leaf litter, grasses and fallen tree limbs (Photograph 10). Dominant vegetation included River Red Gum and Black Box. Areas of disturbance from rabbit burrowing was observed. Despite the presence of mature trees pre-dating European occupation, no cultural scarring was observed within SU1. SU2 is assessed to be of low archaeological potential due to being a floodplain landform.

Survey Unit 2 (SU2) extends from “the bottleneck” adjacent the southern side of the river to form a near complete loop and extending north for a small section to the river where a second swinging bridge is proposed (Photograph 11). The landscape is similar to SU1 in nature due to being located on a floodplain landform. Evidence of camping and previous fire activity was evident. No Aboriginal sites were located within SU2. This survey unit is deemed to be of low archaeological potential.

Photograph 10 Typical landscape of SU1.

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Photograph 11 Typical landscape of SU2.

Survey Unit 3 (SU3) extends from SU2 south east (Photograph 12). Areas within this survey unit comprise existing sections of a dirt walking track and wider vehicle access track. Mature and younger Eucalypt trees area present within SU3. Visibility was greater in this survey unit due to cleared areas of vegetation and existing tracks (Photograph 13). Areas of seating and evidence of previous metal signage was observed in SU3. No Aboriginal sites or objects were located within SU3. This survey unit is deemed to be of low archaeological potential.

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Photograph 12 Existing dirt tracks within SU3.

Photograph 13 Existing dirt tracks and visibility within SU3.

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Survey Unit 4 (SU4) is located on the northern side of the river within the most easterly portion of the study area adjacent Sturt Highway. SU4 follows existing tracks along the river (Photograph 14) and comprises the Balranald Caravan Park. While there are some less disturbed areas within SU4, disturbance from nearby road underpass and bridge construction and the caravan park is significant. No Aboriginal sites or objects were located within SU4. This survey unit is deemed to be of low archaeological potential.

Photograph 14 Existing dirt tracks and visibility within SU4.

Survey Unit 5 (SU5) extends from Court Street in the east to River Street (Photograph 15) and is largely disturbed due to landscaping, adjacent roads, paths and residences. SU5 comprises existing seating and interpretive signage (Photograph 16). The area has been cleared of a significant amount of native vegetation, with exotic plantings including a mature fig tree present. The existing swing bridge is located adjacent SU5. Visibility was low due to extensive grassed areas. Although outside of SU5, AHIMS site 47-6-0047 Balranald Levee 6 was investigated due to being in close proximity to the study area. There was no evidence of this midden site remaining, however long grass and landscaping associated with nearby riverfront residential development may have obscured visibility. No unrecorded Aboriginal sites of objects were identified in SU5. This survey unit is deemed to be of low archaeological potential.

Survey Unit 6 (SU6) extends along the north side of the river on an elevated landform opposite Ballandella Street. SU6 has experienced disturbance in the form of landscaping, removal of native vegetation and formation of existing paths. Visibility is greatest within exposures as shown in Photograph 17. No unrecorded Aboriginal sites of objects were identified in SU5. This survey unit is deemed to be of low archaeological potential.

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Photograph 15 Landscaped recreational area within SU5.

Photograph 16 Landscaping, interpretive signage and path adjacent existing swinging bridge within SU5.

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Photograph 17 Landscaping and area of exposure within SU6.

Photograph 18 Landscaping and picnic area within SU6.

Survey Unit 7 (SU7) extends along the north side of the river from Mayall Street in the east to Moa Street in the west. Within an elevated bend of the river overlooking “the bottleneck” a lawned area containing picnic tables and some remnant Eucalypts. This section of SU7 is currently the Bend Reserve Memorial Drive and due to its elevated landform has moderate archaeological potential (Photograph 19). Other areas within SU7 have been disturbed via vehicle access tracks, walking paths, existing parking areas, vegetation clearance and installation of services (Photograph 20). Existing site, AHIMS 47-6-0051 Balranald Levee 7, was located

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 40

adjacent to the river within a recreational area containing seating and a rubbish bin (Photograph 21 and Photograph 22). The midden site comprises fresh water mussels (Velesunio ambiguous) which extends for approximately four metres. This site is in a disturbed context due to the inappropriate placement of the public seating and has most likely lost integrity since its original recording by Edmonds as part of the Cultural Heritage Assessment for the Balranald Levee (2003). The concept design proposed a second swing bridge be located within this location, which would directly impact AHIMS 47-6-0051.

No unrecorded Aboriginal sites were located within SU7, however the extent of AHIMS 46-6-0051 is unknown and may extend further than is currently visible at a ground surface level.

Photograph 19 Area of moderate archaeological potential within SU7.

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Photograph 20 Vehicle access and exposure within SU7.

Photograph 21 Location of AHIMS 47-6-0051 (midden) within SU7.

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Photograph 22 Close up detail of AHIMS 47-6-0051 (midden) within SU7.

Discussion No new Aboriginal sites were located within the study area. The predicted site type to occur within the study area was determined to be scarred trees within the floodplain and middens adjacent the river. Mature trees were inspected for cultural scarring, however none were located within the study area. No new midden sites were located within the study area. Overall the study area has a low likelihood to contain Aboriginal sites due to disturbances from development, particularly on the northern side of the Murrumbidgee River and the floodplain landform on the southern side of the river which was inspected to have no scarred trees, the predicted site type for the study area. Areas of archaeological potential are located within SU7 which may be directly impacted by the proposed concept design, namely the elevated river bend and the existing midden AHIMS 47-6-0051.

Impact assessment The following Table 6 provides an assessment of the proposed concept designs located within each survey unit and any impacts to Aboriginal heritage. Appendix 1 provides detail of the proposed concept designs including a revised project design which was provided to Biosis.

Table 6 Impact assessment summary

Survey Unit Proposed concept design Impact assessment

SU1 No proposed works in this area. No impact.

SU2 New access track Minor impact – archaeological New second swing bridge with integrated look-out tower potential assessed as low. No surface on south side of river connecting to the north in SU7. Aboriginal sites were identified. Note: recommendations in Section

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6.2.

SU3 New access track Minor impact - archaeological potential assessed as low. No surface Aboriginal sites were identified. Note: recommendations in Section 6.2.

SU4 No proposed works in this area. No impact.

SU5 Proposed exposed aggregate path adjacent River Street. Minor impact (detail in Inset C – Note: recommendations in Section Proposed new signs notifying significance of historic fig Appendix 1) 6.2. trees, sculpture and respite furniture.

Proposed new pram crossings on River Street and Court Street.

Proposed river-facing picnic tables (x3) along street reserve.

Reinstatement of path in previous position to prevent lawn encroachment.

Relocation of war heritage trail signs to edge of path and concrete.

Repair of corner/approach path to bridge approach on Sturt Highway, link to renewed path and installation of wayfinding signage.

SU6 Proposed reinstatement of timber wharf with Minor impact (detail in Inset B – story/heritage signage. Potential starting point for town- Note: recommendations in Section Appendix 1) woolshed river tours. 6.2.

Proposed Option 1: Loop comprising interval training circuit with paths and installation of dynamic exercise apparatus.

Proposed Option 2: 25 m by 10 m “Outdoor Gymnasium” including dynamic fitness aggregate with soft fall and concrete kerbing.

Proposed water refill, bubbler and pet drinking bowl station.

SU7 Proposed river-facing picnic tables along Turandurey Minor impact. (detail in Inset A – Street. See recommendations in Section 6.2. Appendix 1) New second swing bridge connecting to the south side of the river in SU2.

Proposed removable bollards preventing public vehicle access.

Proposed notified vehicle parking.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 44

Proposed toilets.

Proposed reinstatement of beach and historic ‘weathershed”

Proposed riverside all-access path extending from Mayall Street to Moa Street.

Proposed open pavilion with lights, wayfinding/info, BBQs and picnic furniture.

Proposed resheeting/sealing of existing vehicle tracks

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 45 Dowling Street Church Street

Lily Street

e iv r Sydney Street D r u o v Yuranigh Street a e (! d Balranald n O'connor Street E

H a Church Street rb e Moa Street n S t re e We Street t Dowling Street

Boynton Street

Curla Lane SU2 Jones Lane Legend

Purton Lane Boynton Street Study area Survey units Cook Street

Cally Street Market Street SU1

rt u o Mayall Street SU2 C ll i We Street rt u SU3 P (! Balranald SU1 SU7 SU4 ChurchBank Street Street SU5

Ballandella Street SU6 SU7 SU6 River Street

Mu rru mb idg Bank Street ee River t ee tr S e SU5 b a c c M SU3

Court Street

Figure 11 Survey units within the study area SU4

y

a

w 0 100 200 300 400

h

g i

H

t Metres r

u t Scale: 1:8,000 @ A3 S Coordinate System: GDA 1994 MGA Zone± 54 Biosis Pty Ltd

Albury, Ballarat, Melbourne, Newcastle, Sydney, Wangaratta & Wollongong

Matter: 31290 Date: 05 March 2020, Checked by: KMF, Drawn by: AEDM, Last edited by: amurray Location:P:\31200s\31290\Mapping\ Acknowledgements: Basemap © Land and Property Information 2016 31290_F6_SurveyUnits Dowling Street Church Street

Lily Street

e iv r Sydney Street D r u o v Yuranigh Street a e (! d Balranald n O'connor Street E

H a Church Street rb e Moa Street n S t re e We Street t Dowling Street

Boynton Street

Curla Lane Jones Lane Legend

Purton Lane Boynton Street Study area Survey tracks Cook Street

Cally Street Market Street

rt u o Mayall Street C ll i We Street rt u P (! Balranald

ChurchBank Street Street

Ballandella Street

River Street

Mu rru mb idg Bank Street ee River t ee tr S e b a c c M

Court Street

Figure 12 Survey effort

y

a

w 0 100 200 300 400

h

g i

H

t Metres r

u t Scale: 1:8,000 @ A3 S Coordinate System: GDA 1994 MGA Zone± 54 Biosis Pty Ltd

Albury, Ballarat, Melbourne, Newcastle, Sydney, Wangaratta & Wollongong

Matter: 31290 Date: 23 July 2020, Checked by: KMF, Drawn by: AEDM, Last edited by: amurray Location:P:\31200s\31290\Mapping\ Acknowledgements: Basemap © Land and Property Information 2016 31290_F7_SurveyEffort

6 Conclusions and recommendations

6.1 Conclusions

The study area was determined to be relatively disturbed due to past activities associated with adjacent roads and town and residential development, installation of services, and recreational use of the riverbank. Less disturbed areas of the study area are located south of the Murrumbidgee River, however the location of the proposed walking track and swing bridge are in floodplain areas with low archaeological potential.

An area of moderate archaeological potential is located within the study area in the form of an elevated, relatively undisturbed section of the river bank within Survey Unit 7. No works will are proposed in this area. The remainder of the study area was assessed as having a low likelihood of containing Aboriginal places and objects. The existing midden site AHIMS 47-6-0051 located within the study area will not be impacted by the proposed works. As the study area has been assessed as holding low archaeological potential to contain intact Aboriginal sites no further archaeological work is required (Figure 13).

6.2 Recommendations

The following management recommendations have been developed relevant to the study area and influenced by:

• Predicted impacts to Aboriginal cultural heritage.

• The planning approvals framework.

• Current best conservation practise, widely considered to include:

– Ethos of the Australia ICOMOS Burra Charter (2013).

– The code. Prior to any impacts occurring within the study area, the following is recommended:

Recommendation 1: Training and heritage induction It is recommended that all personnel working on the project undertake a heritage induction with representatives from Balranald Local Aboriginal Land Council prior to works starting. Balranald Local Aboriginal Land Council should be notified at least two weeks prior to ground breaking works taking place. The induction would cover:

• Legislative requirements for the protection of Aboriginal objects and fines for non­compliance.

• Unanticipated finds protocol.

• Identification of Aboriginal objects including stone artefact identification.

Recommendation 2: Mitigation of new access paths It is recommended to avoid as much ground disturbance as possible by bringing in soil from outside the study area for all new access path surfaces.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 48

Recommendation 3: No further archaeological assessment required Areas assessed as having low archaeological potential will not require any further assessment. Works within this area may proceed with caution pursuant to recommendations 4 and 5 below.

Recommendation 4: Discovery of Unanticipated Aboriginal Objects All Aboriginal objects and Places are protected under the NPW Act. It is an offence to knowingly disturb an Aboriginal site without a consent permit issued by the Heritage NSW. Should any Aboriginal objects be encountered during works associated with this proposal, works must cease in the vicinity and the find should not be moved until assessed by a qualified archaeologist. If the find is determined to be an Aboriginal object the archaeologist will provide further recommendations. These may include notifying Heritage NSW and Aboriginal stakeholders.

Recommendation 5: Discovery of Aboriginal Ancestral Remains Aboriginal ancestral remains may be found in a variety of landscapes in NSW, including middens and sandy or soft sedimentary soils. If any suspected human remains are discovered during any activity you must:

4. Immediately cease all work at that location and not further move or disturb the remains.

5. Notify the NSW Police and Heritage NSW Environmental Line on 131 555 as soon as practicable and provide details of the remains and their location.

6. Not recommence work at that location unless authorised in writing by Heritage NSW.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 49

Figure 13 Due diligence flow chart

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 50

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© Biosis 2020 – Leaders in Ecology and Heritage Consulting 53

Appendices

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 54

Appendix 1 Concept design plans

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 55 Dowling Street Church Street

Lily Street

e iv r Sydney Street D r u o v Yuranigh Street a e (! d Balranald n O'connor Street E

H a Church Street rb e Moa Street n S t re e We Street t Dowling Street

Boynton Street

Curla Lane Jones Lane Legend

Purton Lane Boynton Street Study area Revised activity Cook Street

Cally Street Market Street ") Beach and weathershed

rt u ") o Mayall Street Boat ramp and pontoon C ll i We Street rt u ") Bridge access from town P (! Balranald ") Existing Bridge ChurchBank Street Street *# *# ") Existing vehicle access (! *#(! Ballandella Street *# New bridge crossing *#(! )" *# Old whalf site *# River Street *# Outdoor gym Mu rr )" um bi *# Proposed bridge abutment dge Bank Street e River )" t *# Proposed novated parking ee tr S e !( b Proposed open pavilion a c c M !( Proposed toilet !( Reinstate timber whalf Court Street Vehicle parking and pedestrian !( access

New walking trail

)" Revised activity (!

y

a

w 0 100 200 300 400 )" h

g i

H

t Metres r

u t Scale: 1:8,000 @ A3 S Coordinate System: GDA 1994 MGA Zone± 54 Biosis Pty Ltd

Albury, Ballarat, Melbourne, Newcastle, Sydney, Wangaratta & Wollongong

Matter: 31290 Date: 23 July 2020, Checked by: KMF, Drawn by: AEDM, Last edited by: amurray Location:P:\31200s\31290\Mapping\ Acknowledgements: Basemap © Land and Property Information 2016 31290_F8_RevisedActivity

Proposed river-facing picnic tables x3 Along Turandurey St Street Reserve

Proposed: Toilets Proposed: Location of second swing bridge with Proposed: Removable Bollards integrated look-out tower preventing public vehicle access Existing Small boat ramp, fish cleaning station, 2 x bins Existing picnic tables x3 Proposed: Removable Bollards preventing public vehicle access

Proposed: notified vehicle parking

Existing vehicle tracks – resheet/seal?

Proposed: Open pavilion with – lights, wayfinding/info, BBQs and picnic furniture

Proposed: Riverside all-access path extending from Mayall St to Moa St

Proposed: Reinstate beach and Proposed: Sound Shell Stage historic “weathershed” fronting existing open lawned area

Proposed: Water refill, bubbler, pet drinking bowl station

PROPOSED: OPTION 2 – 25m x 10m“Outdoor Gymnasium” - dynamic fitness aggregate with soft fall and concrete kerbing

PROPOSED: OPTION 1 - Loop interval training circuit with paths (asphalt?), dynamic exercise apparatus.

Proposed: reinstate timber wharf with story/heritage signage sign. Set-off point for town-woolshed river tours (?)

Exposed aggregate path same as main street revitalisation paths linking to East end of MSR Project

Signs Notifying significance of fig trees, sculpture (??), respite furniture

Pram crossings

Proposed river-facing picnic Relocate war heritage trail tables x3 Along Street Reserve, signs to edge of path and reinstate path in previous concrete position so as to prevent lawn Repair corner/approach encroachment (asphalt?) path to bridge, link to renewed path, wayfinding sign

Existing Swing Bridge

Existing Short Loop Trail

Proposed dog off-leash short loop trail, signs, linking to boat ramp/pontoon and caravan park.

Appendix 2 AHIMS search results

This Appendix is not to be made public.

© Biosis 2020 – Leaders in Ecology and Heritage Consulting 56 AHIMS Web Services (AWS) Your Ref/PO Number : Balranald Extensive search - Site list report Client Service ID : 475030

SiteID SiteName Datum Zone Easting Northing Context Site Status SiteFeatures SiteTypes Reports 47-6-0008 Balranald Mission AGD 54 733533 6165406 Open site Valid Earth Mound : -, Shell Midden : -, Artefact : - Contact Recorders K Williams Permits 47-6-0015 Police Paddock Scarred Tree; AGD 54 735400 6163300 Open site Valid Modified Tree Scarred Tree 1216 (Carved or Scarred) : - Contact Recorders Bonhomme Craib & Associates Permits 47-6-0016 Muhti Muhti Reserve Midden; AGD 54 733000 6164000 Open site Valid Earth Mound : -, Shell Midden 1216 : -, Artefact : - Contact Recorders Bonhomme Craib & Associates Permits 47-6-0001 Balranald Fish Traps AGD 54 732500 6163550 Open site Valid Fish Trap : - Fish Trap Contact Recorders Ray Kelly,Glen Morris Permits 47-6-0002 Balranald Mission Cemetery and Island AGD 54 735223 6162576 Open site Valid Aboriginal Ceremony and Dreaming : -, Burial : - Contact Recorders Harry Creamer,Ray Kelly,NPWS - Blackheath Office,Alexandra Kelly Permits 47-6-0006 Balranald Burial Grounds AGD 54 732429 6163447 Open site Valid Burial : -, Modified Burial/s,Scarred Tree (Carved or Tree Scarred) : - Contact Recorders ASRSYS Permits 47-6-0046 balranald levee 1 AGD 54 735812 6164400 Open site Valid Modified Tree 98524 (Carved or Scarred) : - Contact Recorders Ms.Vanessa Edmonds Permits 47-6-0044 balranald levee 5 AGD 54 735830 6164022 Open site Valid Modified Tree 98524 (Carved or Scarred) : - Contact Recorders Ms.Vanessa Edmonds Permits 47-6-0045 balranald levee 2 AGD 54 735860 6164355 Open site Valid Modified Tree 98524 (Carved or Scarred) : - Contact Recorders Ms.Vanessa Edmonds Permits 47-6-0047 balranald levee 6 AGD 54 734800 6163492 Open site Valid Shell : - 98524 Contact Recorders Ms.Vanessa Edmonds Permits 47-6-0048 balranald levee 3 AGD 54 735891 6164312 Open site Valid Modified Tree 98524 (Carved or Scarred) : - Contact Recorders Ms.Vanessa Edmonds Permits

Report generated by AHIMS Web Service on 06/01/2020 for Kylie Mcfadyen for the following area at Lat, Long From : -34.6511, 143.5478 - Lat, Long To : -34.633, 143.5764 with a Buffer of 1000 meters. Additional Info : Aboriginal cultural heritage due diligence assessment.. Number of Aboriginal sites and Aboriginal objects found is 21 This information is not guaranteed to be free from error omission. Office of Environment and Heritage (NSW) and its employees disclaim liability for any act done or omission made on the information and consequences of such acts or omission. Page 1 of 2 AHIMS Web Services (AWS) Your Ref/PO Number : Balranald Extensive search - Site list report Client Service ID : 475030

SiteID SiteName Datum Zone Easting Northing Context Site Status SiteFeatures SiteTypes Reports 47-6-0049 balranald levee 4 AGD 54 735890 6164138 Open site Valid Modified Tree 98524 (Carved or Scarred) : - Contact Recorders Ms.Vanessa Edmonds Permits 47-6-0050 balranald levee 8 AGD 54 735987 6163862 Open site Valid Modified Tree 98524 (Carved or Scarred) : - Contact Recorders Ms.Vanessa Edmonds Permits 47-6-0051 balranald levee 7 AGD 54 734150 6163750 Open site Valid Shell : - 98524 Contact Recorders Ms.Vanessa Edmonds Permits 47-6-0052 police paddocks 3 AGD 54 735498 6163544 Open site Valid Modified Tree 98524 (Carved or Scarred) : 1 Contact Recorders Ms.Vanessa Edmonds Permits 47-6-0053 police paddocks 2 AGD 54 735512 6163637 Open site Valid Modified Tree 98524 (Carved or Scarred) : - Contact Recorders Ms.Vanessa Edmonds Permits 47-6-0058 Yanga creek mound 1 AGD 54 735195 6163476 Open site Valid Earth Mound : - Contact Searle Recorders Mr.Mark Brettschneider Permits 47-6-0326 LALC Scar Tree GDA 54 736646 6162361 Open site Valid Modified Tree (Carved or Scarred) : - Contact Searle Recorders Mr.Lawrence Clarke Permits 47-6-0327 Island Scar Tree GDA 54 736646 6162361 Open site Valid Modified Tree (Carved or Scarred) : - Contact Searle Recorders Mr.Lawrence Clarke Permits 47-6-0608 Balranald Common Canoe Tree 1 GDA 54 735996 6163016 Open site Valid Modified Tree (Carved or Scarred) : - Contact Recorders Mr.Ray Mitchell Permits 47-6-0930 Gumbalaya Sleeping Lady: HB1180 GDA 54 736403 6163702 Open site Valid Burial : - Contact Recorders Mr.Sam Kirby,Mr.Daryl Pappin Permits

Report generated by AHIMS Web Service on 06/01/2020 for Kylie Mcfadyen for the following area at Lat, Long From : -34.6511, 143.5478 - Lat, Long To : -34.633, 143.5764 with a Buffer of 1000 meters. Additional Info : Aboriginal cultural heritage due diligence assessment.. Number of Aboriginal sites and Aboriginal objects found is 21 This information is not guaranteed to be free from error omission. Office of Environment and Heritage (NSW) and its employees disclaim liability for any act done or omission made on the information and consequences of such acts or omission. Page 2 of 2