ABORIGINAL CULTURAL HERITAGE 17 17.1 INTRODUCTION 17.2 ASSESSMENT METHODS The cultural heritage of the project area has been studied since 17.2.1 APPROACH planning for the Olympic Dam project began in the late 1970s. At the time of writing, there are three parallel processes There have followed 35 years of discussions with traditional applying to the assessment and management of Aboriginal owners, field surveys and salvage work, with a correspondingly cultural heritage sites and values. These are: improving appreciation of Aboriginal cultural heritage sites • the Aboriginal heritage survey work that occurs at the site and places. of any area outside of the existing SML that may be directly disturbed by the operation A number of Aboriginal groups have claimed a native title interest in the EIS Study Area. Some Aboriginal groups have • the Olympic Dam Agreement between BHP Billiton and 17 asked BHP Billiton not to disclose information about places Aboriginal groups (see Section 17.2.2) or stories of cultural significance to them in the Draft EIS. • heritage survey work, mitigation and consultations with Aboriginal people in accordance with the heritage management Many sites and artefacts remain as evidence of historical protocol included in the Olympic Dam Agreement. Aboriginal nomadic occupation and use, and the wider Olympic Dam region is rich in surface scatters of stone artefacts The methods used to assess Aboriginal cultural heritage were: and quarries. Most of the sites are considered to be of low • to describe the existing Aboriginal cultural heritage sites scientific significance, with no salvage potential. At the same and values by: time, however, cultural heritage is important to contemporary − considering available information on Aboriginal Aboriginal people. occupation of the relevant land This chapter summarises the Aboriginal cultural heritage of − consulting with the Aboriginal group or groups claiming the project area and discusses the processes that have been an interest in the relevant land established to identify, record, manage and, where possible, − reviewing and summarising the results of previous protect archaeological sites and cultural places of significance Aboriginal cultural heritage assessments (both to Aboriginal people. This draws upon experience from the ethnographic and archaeological) within the EIS Study Area existing operation and looks ahead to the provisions of the − assessing the significance of recorded sites to the extent Olympic Dam Agreement, which has been negotiated between permitted by confidentiality constraints BHP Billiton and the Barngarla, Kokatha and Kuyani groups − commenting on the potential impact of the proposed claiming an interest in the Olympic Dam region and expansion on Aboriginal cultural heritage sites infrastructure corridors. and values Olympic Dam Expansion Draft Environmental Impact Statement 2009 545 • to describe the process for managing Aboriginal cultural Between September 2005 and August 2006, BHP Billiton heritage sites throughout the EIS Study Area by explaining: and the three Aboriginal groups also negotiated the detailed − how Aboriginal groups are involved in protecting provisions of a comprehensive Aboriginal cultural heritage and managing Aboriginal cultural heritage sites management agreement (the Heritage Management Protocol). The provisions of that protocol were agreed to in August 2006 − the process for mitigating impacts by salvaging, and are now incorporated in the Olympic Dam Agreement. protecting and managing cultural heritage sites and places In June 2007, meetings of each of the communities formally − the process for managing sites where their destruction, endorsed entering into the Olympic Dam Agreement with damage or disturbance is unavoidable BHP Billiton, including the Heritage Management Protocol. − how the unanticipated discovery of cultural material Details of the Heritage Management Protocol and the remains would be managed Olympic Dam Agreement are described in Section 17.5.2. − the elements of proposed Aboriginal cultural heritage awareness training for BHP Billiton employees, The Olympic Dam Agreement was signed in January 2008. contractors, sub-contractors and consultants. Separate consultation with the Nukunu, Arabunna, Dieri and Adnyamathanha groups has continued as required and BHP Billiton 17.2.2 CONSULTATION will consult with Aboriginal groups claiming an interest in any BHP Billiton maintains ongoing relationships with Aboriginal area where land disturbance would occur during the expansion. groups and engaged in a comprehensive process of negotiation and consultation which led to the signing of the Olympic Dam 17.2.3 FIELD SURVEYS Agreement. As an initial step to negotiating the Olympic Comprehensive and ongoing Aboriginal cultural heritage Dam Agreement, BHP Billiton and the Kokatha, Barngarla and investigations have been undertaken over several decades Kuyani groups entered into an agreement in August 2005 to within the EIS Study Area, especially around Olympic Dam. discuss the implications of the proposed expansion (Olympic These investigations include field surveys and archaeological Dam Negotiation Agreement). The elements of the Olympic Dam salvage works (see Appendix P1 for list of heritage reports held Negotiation Agreement included: by BHP Billiton). Surveys have focused on areas that the existing • matters to be addressed in the final Olympic Dam operation and proposed expansion would disturb. The results Agreement, including a comprehensive Aboriginal cultural of these surveys are discussed in Sections 17.3.3 and 17.3.4. heritage management regime and an Indigenous Land Use Agreement (ILUA) capable of being registered under the 17.2.4 RISK AND IMPACT ASSESSMENT Native Title Act 1993 The assessment of impacts and risks for the proposed • funding by BHP Billiton for the Aboriginal groups to expansion has been undertaken as two separate, but related, participate in the negotiations, for expert legal, financial processes (see Section 1.6.2 of Chapter 1, Introduction, and and other specialist advice and to hold community meetings Figure 1.11). to enable the representatives of the Aboriginal groups to inform their communities and obtain instructions from them Impacts and benefits are the consequence of a known event. in accordance with their decision making processes They are described in this chapter and categorised as high, • each of the Aboriginal groups and BHP Billiton appointing a moderate, low or negligible in accordance with the criteria negotiation team with separate legal representation for each presented in Table 1.3 (Chapter 1, Introduction). • appointing a lead negotiator to jointly represent the Aboriginal groups in the negotiations Risk assessments describe and categorise the likelihood and • appointing representatives of the National Native Title consequence of an unplanned event. These are presented in Tribunal (NNTT) to mediate and facilitate discussions. Chapter 26, Hazard and Risk. Each of the parties to the Olympic Dam Negotiation Agreement 17.3 EXISTING ENVIRONMENT appointed a negotiating team and regular meetings began in 17.3.1 ABORIGINAL COMMUNITIES September 2005. Each monthly meeting was facilitated by the Historically, the Olympic Dam region was subject to nomadic NNTT. The Kokatha negotiation team included senior Aboriginal occupation only, and no Aboriginal communities lived there representatives of the Yankunytjatjara–Pitjantjatjara people permanently. who are culturally affiliated with the Kokatha group. The Kokatha (SAD6013/98) and Barngarla (SAD6011/98) groups have made a native title determination application (i.e. a claim) in accordance with the Commonwealth Native Title Act 1993 to most of the land within the EIS Study Area. 546 Olympic Dam Expansion Draft Environmental Impact Statement 2009 The Kuyani do not have a native title claim but are party to 17.3.3 IDENTIFIED ABORIGINAL CULTURAL HERITAGE the Federal Court proceedings concerning the Kokatha and faCTORs – eTHNOGRAPHY Barngarla claims and assert they hold native title rights Places of ethnographic heritage significance to Aboriginal and interests in relation to the EIS Study Area. people have been recorded over several decades within the EIS Study Area and in particular the SML. These include The Kokatha, Barngarla and Kuyani groups have informed the mythological sites that are associated with song lines and Federal Court that they intend to form a single combined native stories of cultural significance, ceremonial sites, conception, title claim that covers the current area of overlap between birth and death sites. the Kokatha and Barngarla claims, including the area around the Olympic Dam mine (see Figure 17.1). BHP Billiton has conducted ethnographic assessments of sections of the EIS Study Area likely to be affected by the Most of the ground-disturbing activities associated with the proposed infrastructure, including the rail line, airport, gas proposed expansion would occur in the area that is the subject pipeline, desalination plant, water supply pipeline, electricity of the native title claims by the Kokatha and Barngarla groups transmission line, Roxby Downs township, Hiltaba Village and and in which the Kuyani also express an interest. some water exploration drilling sites. Approximately 60 km of the proposed 320 km water supply During 2006 and 2007, representatives from each of the pipeline, and approximately 40 km of the proposed 270 km Barngarla, Kokatha and Kuyani groups who can speak about electricity transmission