Report Prepared by: Everick Heritage Consultants 8. RESULTS OF THE CULTURAL HERITAGE ASSESSMENT No Aboriginal archaeological sites or relics were found as a result of the field inspection of Lot 4 DP 876253 at Willow Avenue, Bogangar, NSW. No items of European (non-Indigenous) cultural heritage were identified. 8.1 Statement of Impact on Significance of Cudgen Lake (Aboriginal Significance) Aboriginal Stakeholders who visited the Subject Lands on 25th July 2009 advised that the Cudgen Lake was an area of potential cultural heritage significance, as the Lake was a place of ‘women’s business’ (Figure 17). While the Subject Lands are located in the vicinity of Cudgen Lake the impact on the Lake will be negligible as there are other houses nearby that are situated between the Subject Lands and the Lake (Figures 18 and 19). The grove of Melaleuca paperbarks along the southern boundary of the Subject Lands will remain for erosion protection after the site is developed. Therefore the aesthetic impact to the existing drainage channel along the southern boundary will be minor. The Aboriginal Stakeholders agreed that the proposal would not impact on the significance of Cudgen Lake. Further, they believe that it was unlikely that any objects or areas of Aboriginal cultural heritage significance relating to the use of Cudgen Lake would be found on the Subject Lands due to past land disturbances. Figure 17: Cudgen Lake and Cudgen Nature Reserve Willow Ave Cultural Heritage Assessment 41 August 2010 Prepared For: Kenmar Farms Pty Ltd Report Prepared by: Everick Heritage Consultants 8.2 Statement of Impact on Significance of Cudgen Nature Reserve As mentioned in section 6.1 above, Cudgen Nature Reserve is listed in the New South Wales Heritage Register as being part of a series of significant Old Growth Forests. Cudgen Nature Reserve bounds the north, west and east of Lot 4 on DP 876253, and as such the impact of the proposed residential subdivision bears careful consideration. First to note are the physical barriers that separate the Reserve from the 12 residential Lots. The Lot closest to the Reserve is proposed Lot 1, which is approximately 90 metres to the south of the shores of Cudgen Lake. Between proposed Lot 1 and Cudgen Lake are two, two story houses, which have the effect of obscuring almost the entire view of proposed Lot 1 from Cudgen Lake (Figures 18 and 19). Only small parts of the nature reserve are visible from the proposed 12 Lots, particularly the top of Round Mountain (Figures 19 and 20). The rest is shielded by houses to the North, and Melaleuca trees to the west and south. Under the proposal, the 12 Lots will be the site of the westernmost houses of Bogangar. The residential lots then spread immediately east in an almost continuous series of developments to Cabarita and the coast. Figure 18: View south from Cudgen Lake shoreline to proposed Lot 1 (obscured by existing housing) Willow Ave Cultural Heritage Assessment 42 August 2010 Prepared For: Kenmar Farms Pty Ltd Report Prepared by: Everick Heritage Consultants Figure 19: View north-west towards Cudgen Nature Reserve (obscured by rows of Melaleuca trees and westernmost neighbouring house) Figure 20: View south-west to Round Mountain, part of Cudgen Nature Reserve. Willow Ave Cultural Heritage Assessment 43 August 2010 Prepared For: Kenmar Farms Pty Ltd Report Prepared by: Everick Heritage Consultants The Assessment of Significance of the Cudgen Nature Reserve lists the following state heritage criteria, the impact on which is discussed in further detail below each Criteria: Criteria A (Historical Significance): HCVOG Forest is important for its potential to demonstrate the history of their use and exploitation, as well as key sites demonstrating evidence of Aboriginal occupation over a long time period. Impact Statement: The proposal will have no impact on the historical significance of the Reserve. Criteria C (Aesthetic Significance): HCVOG Forest are by the nature of their tall trees areas of high aesthetic values which are valued and sought after by the community. Impact Statement: As the proposed 12 Lots are surrounded by melaluca and existing housing, there is very minimal impact on the aesthetic significance of the Cudgen nature Reserve. Criteria E (Research potential): HCVOG Forest is important for its potential to contribute to our understanding of the life cycle of eucalypt forests. Impact Statement: The proposal will have no impact on the research potential of the Cudgen Nature Reserve. Criteria F (Rarity): HCVOG Forest is a forest type which is now rare or uncommon at a regional and state wide basis. They provide a valuable habitat for a wide range of native animal species including a number of rare and endangered species. Impact Statement: Provided there are no environmental impacts from the proposal on Cudgen Nature Reserve (on which Everick is unable to comment on, other than to note we understand this issue is being dealt with by the Proponent under the Part 3A process), the proposal will have no impact on the rarity of the Cudgen Nature Reserve. Willow Ave Cultural Heritage Assessment 44 August 2010 Prepared For: Kenmar Farms Pty Ltd Report Prepared by: Everick Heritage Consultants 9. RECOMMENDATIONS 9.1 Recommendations: Indigenous Cultural Heritage The following recommendations are based upon the results of the desktop review, field inspections and consultation with the Sites Officer of the Tweed Byron LALC and other Aboriginal Stakeholders. The high level of past ground disturbance makes recommendations such as monitoring or inductions are considered unnecessary. The following general recommendations are cautionary in nature, and it is considered highly unlikely that in practise they would be required. Never-the-less, the Proponent should ensure the following policies are in place: Recommendation 1: Aboriginal Human Remains It is recommended that if human remains are located at any stage during construction works within the Subject Lands, all works must halt in the immediate area to prevent any further impacts to the remains. The Site should be cordoned off and the remains themselves should be left untouched. The nearest police station, the Tweed Byron LALC, and the DECCW Regional Office, Coffs Harbour are to be notified as soon as possible. If the remains are found to be of Aboriginal origin and the police do not wish to investigate the Site for criminal activities, the Aboriginal community and the DECCW should be consulted as to how the remains should be dealt with. Work may only resume after agreement is reached between all notified parties, provided it is in accordance with all parties’ statutory obligations. It is also recommended that in all dealings with Aboriginal human remains, the proponent should use respectful language, bearing in mind that they are the remains of Aboriginal people rather than scientific specimens. Recommendation 2: Aboriginal Cultural Material It is recommended that if it is suspected that Aboriginal material has been uncovered as a result of development activities within the Subject Lands: (a) work in the surrounding area is to stop immediately; (b) a temporary fence is to be erected around the site, with a buffer zone of at least 10 metres around the known edge of the site; (c) an appropriately qualified archaeological consultant is to be engaged to identify the material; and Willow Ave Cultural Heritage Assessment 45 August 2010 Prepared For: Kenmar Farms Pty Ltd Report Prepared by: Everick Heritage Consultants (d) if the material is found to be of Aboriginal origin, the Aboriginal community is to be consulted in a manner as outlined in the DECCW guidelines: “Interim Community Consultation Requirements for Applicants” (2005). Recommendation 3: Notifying the DECCW It is recommended that if Aboriginal cultural materials are uncovered as a result of development activities within the Subject Lands, they are to be registered as Sites in the Aboriginal Heritage Information Management System (AHIMS) managed by the DECCW. Any management outcomes for the site will be included in the information provided to the AHIMS. Recommendation 4: Conservation Principles It is recommended that all effort must be taken to avoid any impacts on Aboriginal Cultural Heritage values at all stages during the development works. If impacts are unavoidable, mitigation measures should be negotiated between the Proponent and the Aboriginal Community. 9.2 Recommendations: Historic Cultural Heritage There are no recommendations regarding historic cultural heritage. Willow Ave Cultural Heritage Assessment 46 August 2010 Prepared For: Kenmar Farms Pty Ltd Report Prepared by: Everick Heritage Consultants REFERENCES APPLETON, M. 1993 An Archaeological investigation of a shell midden at Sextons Hill South of Tweed Heads. Unpublished report for Ian Hill and Associates Pty Ltd. DARRYL ANDERSON Major Project Application No. 08_0118. Request for Director General’s CONSULTING 2008 Environmental Assessment Requirements: Proposed 13 Lot Subdivision of Lot 4 DP 87253 Willow Avenue, Bogangar. Report for Kenmar Farms Pty Ltd. BACKHOUSE, J. 1843 A Narrative of a Visit to the Australian Colonies. London. BAILEY, G.N. 1975 The role of molluscs in coastal economies: the results of midden analysis in Australia. Journal of Archaeological Science 2:45-62. BARZ, R.K. 1980 Report on the Terranora Midden (Lilly Waters Estate). Unpublished report to Sinclair Knight and Partners. BRAY, J. 1901 Tribal Districts & Customs. Science, Vol. 4, No. 1. BRAY, J. 1902 Aboriginal Customs Tweed River District Ceremony. Science, February, 1902. BUNDOCK, M. 1898 Notes on the Richmond River Blacks. In R.L. Dawson (ed.) Manuscript Bundock Family Papers (1940), Mitchell Library, Sydney. COLEMAN, J. 1982 A new look at the north coast: fish traps and villages. In S. Bowdler (ed.), Coastal Archaeology in Eastern Australia, Australian National University, Canberra, pp. 1-10. COLLINS, J.P. 1994 Archaeological Assessment and Conservation of Aboriginal Midden Site #04-05-61 at The Pass, Byron Bay, NSW.