Memo — Aboriginal Cultural Heritage Management Plan (Unexpected find of an Aboriginal object) Project: Moorebank Precinct West (MPW) Date: Friday, 16 October 2020 Stage 2 Project Client: J. Wyndham Prince Authors: Ryan Taddeucci (Senior Heritage Consultant), Josh Symons (Principal) Introduction 1.1.1 Project background and scope Qube Holdings Limited (Qube) has been issued Development Consent (SSD 7709), under Part 4, Division 4.1 of the Environmental Planning and Assessment Act 1979 (EP&A Act), to construct and operate an intermodal terminal (IMT) facility. The project is known as Moorebank Precinct West (MPW) Stage 2. On 14 May 2020, Biosis identified an unexpected Aboriginal object within the MPW Stage 2 construction area. The Aboriginal object was neither identified in previous Aboriginal heritage assessments of MPW not registered on the Aboriginal Heritage Information Management System (AHIMS) database. SSD 7709 Condition of Consent (CoC) B148-149 stipulate that works within the vicinity of an unexpected find must cease, a 10 m buffer area around the find must be established and the Office of Environment and Heritage (OEH) [now the Department of Premiere Cabinet – Heritage Division (DPC – Heritage Division)] must be contacted. Works may recommence if: • the object or place is confirmed by DPC – Heritage Division upon consultation with the Registered Aboriginal Parties (RAPs), not to be an Aboriginal object or Aboriginal place, or • an Aboriginal Cultural Heritage Management Plan (ACHMP) is prepared in consultation with the RAPs and DPC – Heritage Division to include the object or place and appropriate measures in respect of it, and the Plan is approved by the Planning Secretary, or • DPC – Heritage Division is satisfied as to the measures to be implemented in respect to the object or place and makes a written direction in the regard. Artefact Heritage Services Pty Ltd (Artefact Heritage) has been engaged to prepare this ACHMP in compliance with CoC B148-149. This ACHMP was sent to the RAPs and the DPC – Heritage Division for review and comment in fulfilment of Condition B149 of SSD 7709. 1.1.2 Project site The Project site (Figure 5) is generally bounded by the Georges River to the west, Moorebank Avenue to the east, the East Hills Railway Line to the south and the M5 Motorway to the north. It is located on Moorebank Avenue, Moorebank and forms Lot 1 in Deposited Plan (DP) 1197707. The Page 1 Moorebank Precinct West (MPW) Stage 2 Project Aboriginal Cultural Heritage Management Plan Project site also contains Lots 100 and 101 DP1049508, which are located north of Bapaume Road and west of Moorebank Avenue. The Project site is located wholly within Commonwealth Land. The Project would also require works to upgrade the intersection of the MPW site with Moorebank Avenue and would therefore be undertaken on the following parcels of land: • Moorebank Avenue, owned by the Commonwealth Government, south of Anzac Road Lot 2, DP 1197707 (formerly part of Lot 3001, DP 1125930) • Moorebank Avenue, owned by Roads and Maritime Services, north of Anzac Road • A portion of Bapaume Road, a public road that is the responsibility of Liverpool City Council • A portion of Anzac Road, owned by Liverpool City Council, to the east of Moorebank Avenue 1.1.3 Description of unexpected find Site name: MPW2020-UXPF01 Site Type: Artefact Centroid: MGA94 Zone 56 307826.63 mE 6242029.53mS Site Extent: 3 m x 3 m MPW2020-UXPF01 is located on an undulating levee, 150 m east of Georges River. The site is comprised of a single complete flake of basalt (Figure 1 and Figure 2), located immediately north of an unsealed road (Figure 3 and Figure 4). The artefact measures 24 mm x 19 mm x 8 mm and featured five scars on the dorsal surface and 21 mm of retouch on the left lateral margin. See Figure 5 for the location of the site in the Project site. In accordance with CoA B148(c), MPW2020- UXPF01was registered on the AHIMS database on 10 June 2020 (AHIMS ID 45-5-5332). Figure 1: Complete flake of basalt, in-situ – Figure 2: Complete flake of basalt view east Figure 3: Context shot of site location – view Figure 4: Context shot of site location – view north south Page 2 Moorebank Precinct West (MPW) Stage 2 Project Aboriginal Cultural Heritage Management Plan Figure 5: Location of MPW2020-UXPF01 Page 3 Moorebank Precinct West (MPW) Stage 2 Project Aboriginal Cultural Heritage Management Plan 1.1.4 Conditions of Approval Development Consent (SSD 7709) includes a list of CoCs. The relevant CoCs and where they are addressed in this in this report are summarised in Table 1. Table 1: CoC compliance table CoCs Section Section 1.2.2 states that this ACHMP was B148. If any Aboriginal object or Aboriginal place forwarded to DPC – Heritage Division for review is identified on site, or suspected to be on site and comment. (other than those identified in the EIS). Appendix B includes confirmation that the a) all work in the immediate vicinity of the object ACHMP has been received by DPC – Heritage or place must cease immediately. Division. b) a 10 m wide buffer area around the object or Section 1.1.3 states that the artefact was place must be cordoned off and, registered on the AHIMS database serving as c) OEH must be contacted immediately. notification to DPC – Heritage Division. B149. Works in the immediate vicinity may only recommence if: a) the object or place is confirmed by OEH upon consultation with the Registered Aboriginal Parties, not to be an Aboriginal object or Aboriginal place, or Section 1.2.2 states that this ACHMP was b) an Aboriginal Cultural Heritage Management forwarded to DPC – Heritage Division and the Plan is prepared in consultation with the RAPs for review and comment. This section also Registered Aboriginal Parties and OEH to include includes a summary of comments received from the object or place and appropriate measures in DPC – Heritage Division and the RAPs. respect in respect of it, and the Plan is approved by the Planning Secretary, or c) OEH is satisfied as to the measures to be implemented in respect to the object or place and makes a written direction in the regard. Consultation 1.2.1 Registered Aboriginal Parties Aboriginal community consultation has been conducted throughout the MPW Stage 1 and MPW Stage 2 approvals and post-approvals process in accordance with the ‘Aboriginal cultural heritage consultation requirements for proponents 2010’. RAPs to be consulted for the project are listed in Table 2. Table 2: List of Registered Aboriginal Parties Name Organisation Ricky Fields DALI Rebecca Jarvis Tharawal LALC Glenda Chalker Cubbitch Barta Native Title Claimants Aboriginal Corporation Anna O’Hara Darug Land Observations Page 4 Moorebank Precinct West (MPW) Stage 2 Project Aboriginal Cultural Heritage Management Plan Name Organisation Justine Coplin Darug Custodian Aboriginal Corporation (DCAC) Celestine Everingham DACHA Banyadjaminga Brad Maybury Gandangara Local Aboriginal Land Council Danny Franks Tocomwall 1.2.2 RAP and DPC – Heritage Division consultation In accordance with CoC B149(b) the ACHMP must be prepared in consultation with the RAPs and DPC – Heritage Division. A draft copy of this report was forwarded to the RAPs and DPC – Heritage Division for review and comment on 25 June 2020, requesting comment by 9 July 2020. At the end of this period, responses from two RAPs were received. Neither response included comment on the ACHMP. DPC – Heritage Division also confirmed receipt of the ACHMP and confirmed that no comment would be provided. See Table 3 below of a summary or responses received and Appendix B for full consultation records. Table 3: Summary of received comments Contact Organisation Date received Comment/ response Ruth Gandangara 26 June 2020 Request to remove Brad Maybury as the primary Sheridan LALC contact for the project and address all future correspondence to Ruth Sheridan and Darren Duncan. Sam Higgs DPC – 26 June 2020 Confirmed that DPC – Heritage Division has Heritage received a copy of the report and will not be Division providing comment. Glenda CBNTCAC 26 June 2020 Requests a copy of the Biosis 2018 salvage Chalker excavation report and the ‘original heritage management plan’. A response was provided to Glenda explaining that Artefact Heritage does not hold a copy of the final Biosis 2018 report, and it is recommended Biosis is contacted directly for a copy. It was also advised no other heritage management plans have been produced for the MPW Stage 2 Project. In accordance with advice received from the NSW Department of Planning, Industry and Environment (DPIE) additional consultation with the RAPs was completed. On 9 October 2020, a second copy of the ACHMP was issued to all RAPs requesting confirmation of receipt and comment. Danny Franks (Tocomwall) responded on 9 October 2020 to request a copy of the Biosis 2018 salvage excavation report and the ‘original heritage management plan’. Danny was advised that the there is no other ACHMP other than the one provided, and that Artefact Heritage would seek approval to release the Biosis 2018 salvage report. On 14 October 2020, Tylah Blunden (DCAC) Page 5 Moorebank Precinct West (MPW) Stage 2 Project Aboriginal Cultural Heritage Management Plan provided a response to the ACHMP supporting the reburial of the unexpected find and noting that the artefact is of high cultural significance to DCAC. On 12 October 2020, all RAPs were contacted by telephone to confirm receipt of the ACHMP and request comment. Banyadjaminga was not contacted as no telephone number was provided at registration. All RAPs that were not reached by telephone were called again on 13 October 2020. See Table 4 below for the call log. Table 4: Call log Organisation Date received Comment/ response Des Dyer (DALI) 12-Oct-20 Happy with methodology and recommendations, No further comment Tharawal LALC 12-Oct-20 No answer Glenda Chalker 12-Oct-20 Has received the stage 1 report.