Appendix B5 - Construction Cultural Heritage Management ...€¦ · Construction Cultural Heritage Management Sub Plan 1 1 Introduction 1.1 Context This Construction Cultural Heritage

APPENDIX B5

Construction Cultural Heritage Management Sub Plan

The Northern Road Upgrade

Between Mersey Road and Eaton Road

October, 2018

Document control File name CCHMP template RevA.doc

Report name The Northern Road Upgrade, between Mersey Road and Eaton Road - Construction Cultural Heritage Management Sub Plan

Revision number

Plan reviewed by:

Adam Boyd

GEJV Project Manager

0

Peter Sheehan Jeff Gilham

GEJV Roads Environment Manager and Maritime

Representative

Revision history

Cameron Weller

Environmental Representative

Revision Date Description Reviewed by

1

0 1/11/18 Issued for Construction

B 24/9/18 Response to comments

A 10/08/18 For review

Distribution of controlled copies Copy no. Issued to Version

1 Roads and Maritime Service

2 Roads and Maritime Service

3

4

5

The Northern Road Upgrade between Mersey Road and Eaton Road

Construction Cultural Heritage Management Sub Plan

A

B

Cameron

The Northern Road Upgrade between Mersey Road and Eaton Road Construction Cultural Heritage Management Sub Plan ii

Contents 1 Introduction ......................................................................................................................1

1.1 Context ....................................................................................................................1

1.2 Background..............................................................................................................1

1.3 Environmental management system overview .........................................................1

1.4 Consultation .............................................................................................................3

2 Purpose and objectives ....................................................................................................4

2.1 Purpose ...................................................................................................................4

2.2 Objectives ................................................................................................................4

2.3 Targets ....................................................................................................................4

3 Environmental requirements .............................................................................................5

3.1 Relevant legislation ..................................................................................................5

3.2 Guidelines and standards ........................................................................................5

4 Existing environment ........................................................................................................7

4.1 Aboriginal cultural heritage .......................................................................................7

4.2 Non-Aboriginal cultural heritage ...............................................................................9

5 Environmental aspects and impacts ............................................................................... 13

5.1 Construction activities ............................................................................................ 13

5.2 Aboriginal cultural heritage impacts ....................................................................... 13

5.3 Non-Aboriginal heritage impacts ............................................................................ 14

6 Environmental mitigation and management measures ................................................... 15

6.1 Aboriginal heritage ................................................................................................. 15

6.2 Non-aboriginal heritage .......................................................................................... 16

6.3 Exclusion zones ..................................................................................................... 16

7 Compliance management .............................................................................................. 20

7.1 Roles and responsibilities ...................................................................................... 20

7.2 Communication ...................................................................................................... 20

7.3 Complaints management ....................................................................................... 20

7.4 Training .................................................................................................................. 20

7.5 Monitoring and inspections .................................................................................... 21

7.6 Auditing .................................................................................................................. 21

7.7 Reporting ............................................................................................................... 21

7.8 Incident planning and response ............................................................................. 22

7.9 Non-conformances ................................................................................................. 22

8 Review and improvement ............................................................................................... 23

8.1 Continuous improvement ....................................................................................... 23

8.2 CCHMP update and amendment ........................................................................... 23

The Northern Road Upgrade between Mersey Road and Eaton Road Construction Cultural Heritage Management Sub Plan iii

Tables

Table 4-1: Identified Aboriginal heritage sites within the Project area .....................................7 Table 4-2: Non-Aboriginal heritage items of significance ...................................................... 10 Table 4-3: Location of Miss Lawson's Inn site (Item 10) ....................................................... 12 Table 5-1: Aboriginal heritage sites – summary of impacts and specific management

measures ...................................................................................................................... 13 Table 5-3: Non-Aboriginal heritage - impacts and mitigation ................................................. 14 Table 6-1: Heritage management and mitigation measures ................................................. 17

Figures

Figure 1-1: Overview of the Project (Stage 4) ........................................................................2 Figure 5-1: Location of identified Aboriginal heritage sites within the Project area ..................8 Figure 5-2: Location of Miss Lawson's Guesthouse Site (Item 9) ......................................... 11 Figure 5-3: Location of Miss Lawson's Inn Site (Item 10) ........Error! Bookmark not defined.

Annexures

Annexure A Unexpected Heritage Items Procedure

The Northern Road Upgrade between Mersey Road and Eaton Road Construction Cultural Heritage Management Sub Plan iv

Glossary / Abbreviations

Aboriginal place An Aboriginal Place is an area declared by the Minister administering the Act to be of special significance with respect to Aboriginal culture

Aboriginal objects Aboriginal objects include any deposit, object or material evidence (not being a handicraft made for sale), including Aboriginal remains, relating to the Aboriginal habitation of NSW, before or concurrent with occupation by non-Aboriginal people, as defined in section 5 of the NPW Act

AHIMS Aboriginal Heritage Information Management System

CCHMP Construction Cultural Heritage Management Sub Plan

CEMP Construction Environmental Management Plan

CHAR Cultural Heritage Assessment Report

CNVMP Construction Noise and Vibration Management Sub Plan

CoA Condition of approval

Compliance audit Verification of how implementation is proceeding with respect to a CEMP (which incorporates the relevant approval conditions)

CSSI Critical State Significant Infrastructure

Cwth Commonwealth

DEC Department of Environment and Conservation (NSW) (former)

DECC Department of Environment and Climate Change (NSW) (former)

DEOH Defence Establishment Orchard Hills

Department, the Commonwealth Department of the Environment and Energy

DoEE Commonwealth Department of the Environment and Energy

DP&E NSW Department of Planning and Environment

EIS Environmental Impact Statement

EMS Environmental Management System

Environmental aspect Defined by AS/NZS ISO 14001:2015 as an element of an organisation’s activities, products or services that can interact with the environment

Environmental heritage

Places, buildings, works, relics, movable objects and precincts, of State or local heritage significance as outline in Section 4 of the Heritage Act

Environmental impact Defined by AS/NZS ISO 14001:2015 as any change to the environment, whether adverse or beneficial, wholly or partially resulting from an organisation’s environmental aspects

Environmental incident An unexpected event that has, or has the potential to, cause harm to the environment and requires some action to minimise the impact or restore the environment

Environmental objective

Defined by AS/NZS ISO 14001:2015 as an overall environmental goal, consistent with the environmental policy, that an organisation sets itself to achieve

Environmental Representative (ER)

A suitably qualified and experienced person independent of project design and Construction personnel employed for the duration of Construction. The principal point of advice in relation to all questions and complaints concerning environmental performance

The Northern Road Upgrade between Mersey Road and Eaton Road Construction Cultural Heritage Management Sub Plan v

ESR GEJV Environmental Site Representative

Environmental target

Defined by AS/NZS ISO 14001:2015 as a detailed performance requirement, applicable to the organisation or parts thereof, that arises from the environmental objectives and that needs to be set and met in order to achieve those objectives

EPA NSW Environment Protection Authority

EP&A Act NSW Environmental Planning and Assessment Act 1979

EPBC Act Commonwealth Environmental Protection and Biodiversity Conservation Act 1999

EPL NSW Environment Protection Licence under the Protection of the Environment Operations Act 1997

EWMS Environmental Work Method Statements

Federal-CoA Condition of the Federal Department of the Environment and Energy Approval Decision

GEJV Georgiou Ertech Joint Venture

Heritage Act Heritage Act 1997

Heritage item A place, building, work, relic, archaeological site, tree, movable object or precinct of heritage significance, that is listed or may be eligible to be listed under one or more of the following registers: the State Heritage Register under the Heritage Act 1977 (NSW), a state agency heritage and conservation register under section 170 of the Heritage Act 1977 (NSW), a Local Environmental Plan under the EP&A Act, the World, National or Commonwealth Heritage lists under the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth), and/ or an Aboriginal object or Aboriginal place as defined in section 5 of the National Parks and Wildlife Act 1974 (NSW)

Hold Point A point beyond which a work process must not proceed without express written authorisation from Roads and Maritime

ICOMOS International Council on Monuments and Sites

ISEPP State Environmental Planning Policy (Infrastructure) 2007 (NSW)

LALC Local Aboriginal Land Council

LEP Local Environment Plan

Non-compliance Failure to comply with the requirements of the Project approval or any applicable licence, permit or legal requirements

Non-conformance Failure to conform to the requirements of Project system documentation including this CEMP or supporting documentation

NPW Act National Parks and Wildlife Act 1974

NSW-CoA Condition of the NSW DP&E Infrastructure Approval

OACEMP Overarching Construction Environmental Management Plan

OEH NSW Office of Environment and Heritage

PACHCI Procedure for Aboriginal Cultural Heritage Consultation and Investigation (Roads and Maritime, 2011)

PAD Potential Archaeological Deposit

POEO Act Protection of the Environment Operations Act 1997 (NSW)

Principal, the NSW Roads and Maritime Services

The Northern Road Upgrade between Mersey Road and Eaton Road Construction Cultural Heritage Management Sub Plan vi

Project, the The Northern Road Upgrade between Mersey Road and Eaton Road

RAP Registered Aboriginal Parties

REMM Revised Environmental Management Measure as provided in the Final EIS / SPIR

Roads and Maritime, RMS

NSW Roads and Maritime Services

SEARs Secretary’s Environmental Assessment Requirements

Secretary Secretary of the NSW Department of Planning and Environment, or delegate

SPIR Submissions and Preferred Infrastructure Report

TNR The Northern Road Upgrade between Mersey Road and Eaton Road

Unexpected heritage find

A potential heritage item discovered (usually during Construction) but not identified in the documents listed in the EIS or SPIR, where assessment is required to determine if the item has heritage significance, or is an Aboriginal object or human remains. Unexpected heritage finds does not include confirmed human remains

The Northern Road Upgrade between Mersey Road and Eaton Road Construction Cultural Heritage Management Sub Plan 1

1 Introduction

1.1 Context

This Construction Cultural Heritage Management Sub Plan (CCHMP) forms part of the Construction Environmental Management Plan (CEMP) for The Northern Road Upgrade between Mersey Road and Eaton Road (the Project). The Project is being delivered by Georgiou Ertech Joint Venture (GEJV).

An Overarching Construction Environmental Management Plan (OACEMP) has been prepared by Roads and Maritime to address the State and Federal conditions of approval (CoA) and environmental management measures listed in The Northern Road Upgrade – Mersey Road, Bringelly to Glenmore Parkway, Glenmore Park NSW Environmental Impact Statement / Commonwealth Draft Environmental Impact Statement (EIS) as amended by The Northern Road Upgrade – Mersey Road, Bringelly to Glenmore Parkway, Glenmore Park Submissions and Preferred Infrastructure Report (SPIR), Roads and Maritime specifications and all applicable legislation.

This CCHMP has been prepared by GEJV to address the requirements in the OACEMP, the conditions of approval and all relevant Roads and Maritime QA specifications and legislation.

An overview of the Project is shown on Figure 1-1.

1.2 Background

The Environmental Impact Statement (EIS) assessed the impacts of Construction of the Project on Aboriginal and non-Aboriginal heritage.

As part of EIS development, detailed Aboriginal and non-Aboriginal heritage cultural heritage assessments were prepared to address the Secretary’s Environmental Assessment Requirements (SEARs) issued by the NSW Department of Planning and Environment (DP&E) and the Commonwealth EIS Guidelines issued by the Federal Department of the Environment and Energy (DoEE). The Aboriginal cultural heritage assessment was included in the EIS as Appendix M. The non-Aboriginal heritage assessment was included in the EIS as Appendix N.

The Project will impact known Aboriginal sites and on-Aboriginal cultural heritage items.

1.3 Environmental management system overview

The overall Environmental Management System for the Project is described in Section 3.1 of the Construction Environmental Management Plan (CEMP).

This CCHMP forms part of GEJV’s environmental management framework for the Project, as described in Section 3.3 of the CEMP. Relevant management measures identified in this CCHMP will be incorporated into site or activity specific Environmental Work Method Statements (EWMS) where relevant.

EWMS will be developed and signed off by environment and management representatives prior to associated works and Construction personnel will be required to undertake works in accordance with the identified mitigation and management measures.

Used together, the CEMP, strategies, procedures and relevant EWMS form management guides that clearly identify required environmental management actions for reference by GEJV personnel and subcontractors. The review and document control processes for this CCHMP are detailed in Sections 6.7 and 6.8 of the CEMP.


Figure 1-1: Overview of the Project


1.4 Consultation

Ongoing consultation will occur between GEJV, the Project Archaeologist, RAPs, the community and relevant agencies regarding the management of Aboriginal and non-Aboriginal cultural heritage within the Project area. Consultation will be undertaken before and during archaeological salvage activities and during the Construction of the Project as required. The process for the consultation is documented in the Community Communication Strategy (CCS).

Consultation requirements relevant to GEJV during construction for Aboriginal and non-Aboriginal heritage sites include the following Revised Environmental Management Measures (REMMs) from the EIS and SPIR:

In the event of the unexpected discovery of suspected archaeological Aboriginal human remains during the proposed works, in addition to the procedures outlined in the Roads and Maritime Unexpected Heritage Items Procedure (2015) (i.e. reported to the Police immediately), GEJV will ensure that Roads and Maritime is notified so that they may immediately notify the identified knowledge holders of the discovery. If the material is confirmed to be archaeological Aboriginal human remains, consultation would occur with the identified knowledge holders.

Where a proposed change to the approved project occurs outside of the project boundary, further heritage assessment will be required in consultation with the appointed Project Archaeologist to determine if there would be an impact on Aboriginal cultural heritage. Where the change to the approved project is considered to have a more significant impact on Aboriginal cultural heritage than that identified in the EIS, it would be considered an inconsistent impact. In this case, further consultation with Aboriginal stakeholders would be required to be undertaken.


2 Purpose and objectives

2.1 Purpose

The purpose of this CCHMP is to describe how Aboriginal and non-Aboriginal heritage will be protected and managed during Construction of the Project.

2.2 Objectives

The key objective of the CCHMP is to ensure that impacts to Aboriginal and non-Aboriginal heritage are minimised and within the scope permitted by the conditions of approval. To achieve this objective, the following will be undertaken:

Facilitate engagement with the local Aboriginal community in partnership to appropriately manage the Aboriginal cultural heritage values associated with the Project

Undertake detailed salvage and/or test archaeological investigation of sites in

accordance with the correct procedures and salvage or excavation methodologies

Ensure appropriate controls and procedures are implemented during Construction activities to avoid or minimise potential adverse impacts to Aboriginal and non-Aboriginal heritage along the Project corridor

Ensure sites and items of Aboriginal and non-Aboriginal value during Pre-Construction, construction and post construction phases of the work are managed in accordance with relevant sections of the Heritage Act 1977 (NSW) and National Parks and Wildlife Services Act 1974 (NSW)

Provide staff with an increased level of understanding and awareness of heritage management issues and ensure effective communication is maintained with statutory authorities and all statutory requirements are met to control impacts on items of historical heritage value

Ensure appropriate measures are implemented to address the requirements of the conditions of approval and environmental management measures detailed in the OACEMP

Ensure appropriate measures are implemented to comply with all relevant legislation and

other requirements as described in Section 3.1 of this CCHMP.

2.3 Targets

The following targets have been established for the management of Aboriginal and non-Aboriginal cultural heritage impacts during the Project:

Ensure full compliance with the relevant legislative requirements, CoA and REMMs.

Minimise or avoid impacts on known Aboriginal and non-Aboriginal heritage sites

Follow correct procedure and ensure notification of any Aboriginal heritage objects/places uncovered during Construction.’

Provide appropriate archival photographic recording of non-Aboriginal heritage items

impacted by the Project

Ensure training is provided in the form of inductions to all Project personnel on heritage items, protection measures and unexpected heritage items procedures before they begin work on site


Minimise impacts on, and complaints from, the community and stakeholders.

3 Environmental requirements

3.1 Relevant legislation

Legislation relevant to heritage management includes:

Environmental Planning and Assessment Act 1979 (EP&A Act)

National Parks and Wildlife Act 1974 (NPW Act)

Heritage Act 1977 (Heritage Act)

Native Title Act 1994 (NSW)

Native Title Act 1993 (Cwth)

Aboriginal Land Rights Act 1983 (NSW)

Environment Protection Biodiversity Conservation Act, 1999 (EPBC Act) (Cwth)

Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cwth)

State Environmental Planning Policy (Infrastructure) (ISEPP) 2007.

Relevant provisions of the above legislation are identified in the register of legal requirements included in Appendix A1 of the CEMP.

3.2 Guidelines and standards

The main guidelines, specifications and policy documents relevant to this CCHMP include:

Roads and Maritime QA Specification G1 – Job Specific Requirements for The Northern

Road Upgrade

Roads and Maritime QA Specification G36 – Environmental Protection (Management

System)

Unexpected Heritage Items Management Procedure – The Northern Road Upgrade,

Mersey Road, Bringelly to Glenmore Parkway, Glenmore Park, Construction Cultural

Heritage Management Plan, Annexure B. (Roads and Maritime, November 2015)

Cultural Heritage Guidelines (Roads and Maritime, November 2015)

Procedure for Aboriginal Cultural Heritage Consultation and Investigation (Roads and Maritime, 2011)

Statements of Heritage Impact (Heritage Office and Department of Urban Affairs and Planning (DUAP) 1996, revised 2002)

Aboriginal Cultural Heritage Consultation Requirements for Proponents (Department of Environment, Climate Change and Water (DECCW), 2010)

Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales 2010 (DECCW, 2010)

Significant Impact Guidelines 1.2 - Actions on, or impacting upon, Commonwealth land,

and actions by Commonwealth agencies (Department of Sustainability, Environment,

Water, Population and Communities, 2013)


Altering Heritage Assets (Heritage Office and DUAP, 1996)

Assessing Heritage Significance (NSW Heritage Office, 2001)

Assessing Significance for Historical Archaeological Sites and Relics (NSW Heritage Branch, Department of Planning 2009)

NSW Government Policy on Aboriginal Participation in Construction (released 1 May 2015, updated August 2016)

Photographic Recording of Heritage Items Using Film or Digital Capture (Heritage Branch 2006)

Commonwealth Heritage Management Principles (Department of the Environment and

Water Resources, 2007)

Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW

(OEH, 2011)

Archaeological Assessment Guidelines (NSW Heritage Office and NSW Department of

Urban Affairs and Planning, 1996)

The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance

(2013).

Roads and Maritime specifications are a key source of environmental protection

management processes relevant to this CCHMP. The specifications set out environmental

protection requirements, including Hold Points, which will be complied with by GEJV during

Construction of the Project. A Hold Point is a point beyond which GEJV will not proceed

without express written authorisation from Roads and Maritime.


4 Existing environment The following sections summarise what is known about Aboriginal and non-Aboriginal heritage within and adjacent to the Project corridor. The key reference documents are:

Aboriginal heritage:

Exhibited EIS Section 8.3 and Appendix M – Technical working paper: Aboriginal cultural

heritage assessment report

SPIR Section 5.2.3

Non-Aboriginal heritage:

Exhibited EIS Section 8.4 and Appendix N – Technical working paper: Non- Aboriginal

Heritage

SPIR Section 5.2.4 and Appendix D - Technical Memorandum: Non-Aboriginal Heritage

4.1 Aboriginal cultural heritage

The archaeological and cultural heritage values of the Project area were identified in 2016 as part of the Stage 2 Procedure for Aboriginal Cultural Heritage Consultation and Investigation (PACHCI). The PACHCI involved a review of background information, including identification of previously recorded Aboriginal sites registered on the Aboriginal Heritage Information Management System (AHIMS) database, predictive modelling, Aboriginal community consultation and a full coverage archaeological field survey. Two reviews of the AHIMS database were conducted in August and September 2015. The Aboriginal archaeological survey was carried out in 2015 and 2016 in collaboration with the Deerubbin Local Aboriginal and Gandangara Local Aboriginal land councils.

4.1.1 Aboriginal heritage sites

The Aboriginal heritage assessment carried out as part of the PACHCI identified 9 Aboriginal archaeological sites containing Aboriginal objects within the Project area.

The sites are listed in Table 4-1 and their locations shown on Figure 4-1 and on the Sensitive Area Maps included in Appendix B11of the CEMP.

Table 4-1: Identified Aboriginal heritage sites within the Project area

Site name AHIMS site ID Significance

B 6 45-5-2636 Moderate

TNR AFT 23 45-5-4794 Low

TNR AFT 24 45-5-4795 Moderate

TNR AFT 25 45-5-4791 Low







Figure 4-1: Location of identified Aboriginal heritage sites within the Project area Source: EIS (Roads and Maritime, 2017)


4.2 Non-Aboriginal cultural heritage

As part of the EIS, searches of non-Aboriginal heritage databases were undertaken in January 2016 to identify non-Aboriginal heritage places within a 500 m search radius of the Project area. A site survey was conducted in February and April 2016 to ground truth known and potential heritage items identified during the desktop assessment and to identify any new heritage items or areas of archaeological potential.

An assessment of natural heritage values for the EIS considered the available information from previous investigations and assessments. The assessment did not include additional site surveys.

Further assessment of non-Aboriginal heritage following submissions received from the community and agencies and design refinements included additional historical research, archaeological assessments and a site survey which was conducted in September 2017.

4.2.1 Non-Aboriginal heritage items

Searches of heritage registers, historical research and site surveys identified the following

heritage items within the Project area:

one heritage item identified in the Liverpool Local Environment Plan (LEP)

one unlisted heritage item

Details of the items of non-Aboriginal heritage significance are provided in Table 4-2. The

location of these items is shown on Figure 4-2 and Figure 4-3 and on the Sensitive Area

Maps included in Appendix A6 of the CEMP.

4.2.2 Archaeological potential

There is the potential for previously unidentified historical heritage items to be present in the

Project area. Archaeological resources potentially present within the Project area may

include houses, homesteads and other buildings associated with the settlement of the region

as well as items related to historical rural land use, such as stockyards, fences, sheds and

outbuildings, orchard trees and wells.


Table 4-2: Non-Aboriginal heritage items of significance

Item Item name Listing Statement of Significance Significance

9 Miss Lawson’s Guesthouse site

Not listed The site of Miss Lawson’s Guesthouse (Item 9) is of local significance for its historical and associative values and for the research potential inherent in the predicted archaeological deposits and fabric.

Miss Lawson’s Guesthouse is significant for its ability to demonstrate changes in travel on the outskirts of Sydney, from horse and horse-drawn vehicles to train, to motor vehicles. These changes represent the development of the colony in the local region, which heralded social change shown in a greater disposable income and a focus on health breaks away from cities.

The site is associated with the Lawson family, a well-respected family with ties to the local area through the late 19th and 20th century, who also owned the other well-known landmark on the south side of the road (now Eaton Road), Lawson’s Inn otherwise known as The Thistle Inn.

The site is also significant from a research perspective as it retains potential to answer questions that can only be answered by archaeological excavation. The infilled wells/cisterns, architectural/structural remains and anticipated deposits are anticipated to answer questions related the spatial arrangement of the guesthouse and the use of those spaces. There is potential for information to be obtained about the materials that people were transporting at the time, and the nature, scale and extent of the guesthouse.

There are very few guesthouses with archaeological potential remaining in the region that were operating at this time. The comparative analysis indicates that Miss Lawson’s Guesthouse was not set out like other guesthouses in urbanised areas and may have had a layout that is more akin to wayfarers’ inns. Representativeness will be determined through archaeological excavation and comparison to the site patterning of inns (as guesthouse archaeological excavations have not been found)

Local

10 Lawson’s Inn site (former ‘The Thistle’ site)

Liverpool LEP 2008 (Site no. 53)

The significance of the former Thistle Inn relies on the existence of relics with research potential. If this evidence survives, the archaeological site would be of local significance of the archaeological resource that would shed light on the functions of the buildings, the conversion of the inn to a home, life on the property, the spatial arrangement of ancillary structures and access to the necessities of life such as water and food. The site of the former inn is also significant at a local level for its rarity as a potentially intact archaeological site in the region, and for its association with the Lawson family, and the early growth of Luddenham. It is also valuable for the archaeological resource that when excavated may be able to provide comparable data on other similar sites across the state.

Local


Figure 4-2: Location of Miss Lawson's Guesthouse Site (Item 9) Source: SPIR (Roads and Maritime, 2017)


Table 4-3: Location of Miss Lawson's Inn site (Item 10) Source: SPIR (Roads and Maritime, 2017)


5 Environmental aspects and impacts

5.1 Construction activities

Key aspects of the Project that could result in adverse impacts to Aboriginal and Non-Aboriginal heritage include:

Early works including non-substantial Construction activities such as services relocations

Planned salvage of Aboriginal heritage items

Initial clearing and/or grubbing of vegetation

Initial removal of topsoil

Construction of ancillary facilities and site compounds and spoil / mulch and / or

equipment stockpile areas

Temporary access roads during Construction

Earthworks and excavations during Construction

Drainage infrastructure upgrades

Demolition of existing structures.

5.2 Aboriginal cultural heritage impacts

The entire Project Area will be impacted to some degree by Construction. The Project has

the potential to impact on the identified Aboriginal heritage sites as follows:

Seven heritage sites will be partially impacted (ie partial impact) by Construction of the

Project, including two sites located on Commonwealth land

Two heritage sites will be wholly impacted by Construction of the Project (ie total impact),

including one located on Commonwealth land.

Table 5-1 summarises the impacts to Aboriginal heritage sites in the Project area and the

proposed management measures for each site.

Table 5-1: Aboriginal heritage sites – summary of impacts and specific management measures

Site name Significance Degree of impact

Management Measure

Barrier Fencing Salvage Excavation

Nil

B6 Moderate Partial

TNR AFT 23 Low Total

TNR AFT 24 Moderate Partial

TNR AFT 25 Low Total





Site name Significance Degree of impact

Management Measure

Barrier Fencing Salvage Excavation

Nil



5.3 Non-Aboriginal heritage impacts

Potential impacts to non-Aboriginal heritage items as a result of the Construction of the

Project are summarised in Table 6-2 and in the following sections.

5.3.1 Miss Lawson’s Guesthouse site

This item will be directly impacted by Construction of the Project. A research design and

excavation methodology has been prepared for the site and is included in Appendix B5 of

the OACEMP at Annexure C.2.

5.3.2 Lawson’s Inn Site

The main Inn site is not expected to be impacted by the Project, with Construction potentially

affecting only the curtilage of the site, which has been identified as being of low

archaeological significance. A research design and excavation methodology has been

prepared for the site and is included in Appendix B5 of the OACEMP at Annexure C.2. If,

during testing, significant archaeological resources are identified then the design would be

reviewed and where reasonable and feasible adjusted to avoid or minimise these impacts.

Table 5-2: Non-Aboriginal heritage - impacts and mitigation

Item name Degree / type of impact Management

Miss Lawson’s guesthouse site

High /

Direct impact to entire site

Archaeological investigation of the item including test excavation and salvage excavation where required

Lawson’s Inn site Medium /

Impact to potential artefacts and relics

Archaeological test investigation of areas of low archaeological potential within the Project impact area

Archaeological testing and excavation will be carried out under the supervision of an

appropriately qualified and experienced historical archaeologist in accordance with the

Heritage Division of OEH guidelines. The archaeological research design and excavation

methods prepared for the Project include an appropriate research design and methodology

that will maximise the research potential of the sites (refer Annexure C.2 of OACEMP

Appendix B5). Archaeological testing and excavation will occur prior to Construction of the

Project to ensure sufficient recovery of data about the sites.


6 Environmental mitigation and management measures

A range of environmental requirements and control measures are identified in the EIS and SPIR, conditions of approval and other relevant Roads and Maritime documents. Specific measures and requirements to address impacts on Aboriginal and non-Aboriginal heritage are outlined in Table 6-1 and further details are provided in the sections below.

6.1 Aboriginal heritage

Salvage excavation will be undertaken at the impacted archaeological sites listed in Table 5-

1 with at least moderate archaeological significance. Salvage excavation of these sites will

focus on the extraction of collections of artefacts related to activity areas and geomorphic

information. A detailed salvage excavation methodology is provided in Appendix B5 of the

OACEMP at Annexure C.1.

Prior to commencement of Construction, GEJV will install temporary barrier fencing /

exclusion zones around a 10 m buffer zone from the perimeter of all recorded Aboriginal

sites until salvage excavation has been completed (refer Section 6.3 below). Salvage

excavation of heritage sites will only occur within the Project boundary. For heritage sites

that extend beyond the Project boundary, GEJV will erect temporary barrier fencing and

signposting, prior to Construction commencing in that area, on the Project boundary for the

extent of the heritage sites to ensure that no construction impact extends into the portion of

the heritage sites outside the Project boundary. GEJV has prepared Sensitive Area Plans

(Appendix A6 of the CEMP) which identify the portion of the heritage sites located outside of

the Project boundary as environmentally sensitive no-go zones.

Where archaeological excavation has been nominated for impacted sites, GEJV will not

commence Construction activities (or fencing, geotechnical investigations, minor clearing,

establishing site compounds, adjustment to services/utilities etc.) on the lands to be

investigated until the relevant archaeological excavation at the nominated site has been

completed.

Salvaged artefacts will be analysed and the information derived will be used to develop

interpretations about how Aboriginal archaeological sites were used, where sites were

located across the landscape, the age of sites and to assess cultural heritage values.

Although the loss of intrinsic Aboriginal cultural value of impacted sites cannot be offset

through salvage excavation, the salvaged information will increase an understanding,

strengthen the interpretations and improve ongoing and future management of Aboriginal

heritage in the surrounding area.

GEJV will not commence Construction at impacted sites prior to inspection and clearance of

the worksite by the Project Archaeologist and approval by the Roads and Maritime

Environmental Manager (or delegate) and ER.


6.2 Non-aboriginal heritage

The measures developed to manage and address the potential impacts of the Project on

non-Aboriginal heritage aim to preserve and enhance the heritage items where possible.

Where impacts are unavoidable, processes for minimising the losses to archaeological

knowledge are provided.

Table 5-.8 of the Construction Noise and Vibration Management Sub Plan (CNVMP) (refer

Appendix B3 of the CEMP) outlines the allowable vibration levels for heritage buildings.

GEJV will engage a heritage specialist (built structures) to provide advice on methods and

locations for installing equipment used for vibration, movement and noise monitoring of

heritage-listed structures throughout Construction in accordance with NSW-CoA E35. Details

are provided in the CNVMP (refer Appendix B3 of the CEMP). The heritage structures

adjacent or in close proximity to the Project are Miss Lawson’s Guesthouse Site and the

Lawson’s Inn Site as per Figure 4-2 and 4-3 of this CCHMP.

The Roads and Maritime heritage consultant will be approached for recommendation in

regards to vibration monitoring for Miss Lawson’s Guesthouse site.

6.3 Exclusion zones

GEJV will install exclusion zones and fencing or other means to demarcate heritage items to

be retained (including those located outside of the Project boundary) or protected prior to

salvage.

GEJV has engaged a qualified surveyor to map exclusion zones in accordance with the

Flagging Protocol (refer Vegetation Clearing Procedure at Annexure E of Appendix B2

CFFMP) and Roads and Maritime Specification G40.

Environmental protection area signage will be installed by GEJV on exclusion zone fencing

at regular intervals agreed to by the Roads and Maritime Environmental Manager (or

delegate). GEJV will not remove fencing prior to approval by the Roads and Maritime

Environmental Manager (or delegate).

GEJV has prepared Sensitive Area Plans that show the location of exclusion zones (refer

Appendix A6 of the CEMP).


Table 6-1 Heritage management and mitigation measures

ID Measure / Requirement When to implement Responsibility Reference

AH-1 The location of the portions of partially impacted archaeological sites to be conserved would be identified in this CCHMP (see Figure 4-1 of this CCHMP), Construction Heritage Sites Map (see Sensitive Area Plans in Appendix A6 of the CEMP) and Project inductions to ensure they are not inadvertently damaged as a result of Construction works.

Pre-Construction GEJV Environmental Site Representative

REMM AH-2

AH-2 The portion of the partially impacted archaeological site outside the Project boundary should be fenced off around a 10m buffer zone from the recorded site perimeter. The fence must be temporary rural fencing – wire consisting of 5 strands of plain wire and 2 strands of barbed wire in accordance with Roads and Maritime Specification R201.

Pre-Construction Project Archaeologist, GEJV Environmental Site Representative

G36 Cl. 4.9

AH-3 Archaeological salvage excavation must be completed prior to any activities which may harm Aboriginal objects in accordance with the management procedures outlined in Appendix M.

No Construction activities would occur on lands to be salvaged until the relevant archaeological excavations at the nominated site have been completed.

Pre-Construction GEJV Environmental Site Representative

REMM AH-3

AH-4 In the event of the unexpected discovery of suspected archaeological Aboriginal human remains during the proposed works, in addition to the procedures outlined in the Roads and Maritime Unexpected Heritage Items Procedure (2015a), immediately notify the identified Aboriginal stakeholders of the discovery. If the material is confirmed to be archaeological Aboriginal human remains that consultation would occur with the identified Aboriginal stakeholders.

As soon as remains are exposed, all work is to halt at that location immediately and the environmental manager on-site is to be immediately notified. The Procedures for Handling Human Remains are detailed in Appendix M of the EIS, and are summarised below:

Stop all activities

Construction Project Archaeologist REMM AH-4

G36,

NSW-CoA E10,

Annexure A of this CCHMP



Secure the site.

Contact police as the discovery of human remains triggers a process which assumes that they are associated with a crime. The NSW Police retain carriage of the process until such time as the remains are confirmed to be Aboriginal or historic

The relevant approval authority(s) will be notified when human remains are found

Once the police process is complete and if remains are not associated with a contemporary crime contact the relevant approval authority(s) who will determine the process in consultation with OEH and/or the Heritage Office as appropriate.

If the remains are identified as Aboriginal, the site is to be secured and the approval authority(s) and all Aboriginal stakeholders are to be notified in writing. The approval authority(s) will act in consultation with OEH as appropriate. OEH will be notified in writing according to the approval authority(s) instructions or

If the remains are identified as non- Aboriginal (historical) remains, the site is to be secured and the approval authority(s) is to be contacted, who will act in consultation with the Heritage Division as appropriate. The Heritage Division will be notified in writing according to the approval authority(s) instructions

Once the police process is complete and if the remains are identified as not being human work can recommence once the appropriate clearances have been given.

AH-5 Provide all personnel working on the Site with training on their responsibilities pertaining to the Aboriginal Heritage provisions of the National Parks and Wildlife Act 1974 (NSW). Make the personnel working on site aware of all archaeological sites and areas of cultural sensitivity.

Pre-Construction, Construction

GEJV Environmental Site Representative

G36 Cl. 4.9, REMM AH-1



NH-1 A Non-Aboriginal Heritage Management Sub-plan would be prepared in compliance with the OACEMP as part of the CEMP to manage any areas of the Site where any known heritage items and/or archaeological sites have been identified on Site. This sub-plan would include details on:

Induction protocols for staff and Project personnel to undertake a cultural heritage induction, to assist them in understanding and complying with their legal obligations under the Heritage Act 1977

A list, plan and GIS layer showing the location of identified heritage items

A significance assessment and statement of significance for each item

Detailed mitigation measures and when the measures are to be implemented

Protocols and procedures to be implemented during Construction to ensure the protection of items of heritage significance

An unexpected finds procedure, in accordance with the Roads and Maritime publication “Unexpected Heritage Items”, in the event that further sites are identified during works

A separate procedure for the discovery of skeletal remains in accordance with Clause 4.9.

Pre-Construction, Construction

GEJV Environmental Site Representative

G36 Cl. 4.10, REMM NAH-1, NSW-CoA E17

NH-2 The Unexpected Heritage Finds Procedure, as submitted to the Secretary, must be implemented for the duration of works.

Construction GEJV Environmental Site Representative

NSW-CoA E17,

REMM NAH-1, NAH-9

NH-3 Provide all personnel working on the Site training on their responsibilities under the Heritage Act 1977 (NSW). Make the personnel aware of all non-Aboriginal sites/areas, including cultural plantings, and areas of archaeological potential.

Construction GEJV Environmental Site Representative

G36 Cl. 4.10,

REMM NAH-1


7 Compliance management

7.1 Roles and responsibilities

GEJV’s Project Team organisational structure and overall roles and environmental

responsibilities are outlined in Section 5.1 of the CEMP. Specific responsibilities for the

implementation of environmental controls are detailed in Section 6 of this CCHMP.

Roads and Maritime has engaged a Project Archaeologist for the salvage excavation of the

Miss Lawson’s Guesthouse (26 Adams Road) and Lawson’s Inn (Lot 2 DP623457) sites. The

Project Archaeologist is responsible for undertaking the salvage excavation in accordance

with the approved methodology (refer Annexure C of the OACEMP Appendix B5 CCHMP),

preparing the salvage excavation report and confirming that the salvage excavation is

complete.

GEJV may engage (if required) a heritage specialist (built structures) to provide advice on

methods and locations for installing equipment used for vibration, movement and noise

monitoring of heritage-listed structures in accordance with NSW-CoA E35. Details are

provided in the CNVMP (refer Appendix B3 of the CEMP).

7.2 Communication

Roads and Maritime has prepared a Community Communication Strategy (CCS) in

accordance with the requirements of NSW-CoA B1 to document the approach to stakeholder

and community communications for the Project. The CCS identifies opportunities and tools

for providing information and consulting with the community and stakeholders during

Construction of the Project. GEJV will support the delivery of the CCS, with specific

measures outlined in the Construction Community Liaison Plan (Appendix B12 of the

CEMP).

Heritage management information will be communicated to the community and stakeholders

in accordance with the principles and procedures outlined in the CCS.

Further detail about the CCS is provided in Section 5.5.3 of the CEMP.

7.3 Complaints management

Roads and Maritime has developed a Complaints Management System (CMS) to document

the overall approach to complaints management for the Project. GEJV will adopt the

requirements of the CMS, including reporting requirements. The CMS includes a Complaints

Register which will record the details of all complaints relating to the Project.

Further detail about the CMS is provided in Section 5.5.3 of the CEMP.

7.4 Training

All employees, contractors and utility staff working on site will undergo site induction training relating to Aboriginal and non-Aboriginal heritage management issues prior to construction commencing. The induction training will address elements related to heritage management including:


Existence and requirements of this CCHMP

Relevant legislation and regulations, in particular:

o Responsibilities under the Heritage Act 1977 (NSW)

o Responsibilities in regard to the Aboriginal Heritage provisions of the National Parks and Wildlife Act 1974 (NSW)

Roles and responsibilities for heritage management

Incident response, management and reporting

Location of identified Aboriginal and non-Aboriginal heritage sites, areas of cultural sensitivity and areas of archaeological potential

Locations of exclusion zones

Details of the kinds of historical relics, structures or deposits which may be encountered during the Construction works

Proposed heritage management and protection measures

Procedure to follow in the event of an unexpected heritage item find or discovery of

human remains during Construction works (refer Annexure A).

Targeted training in the form of toolbox talks or specific training will also be provided to

personnel with a key role in heritage management or those undertaking an activity with a

high risk of environmental impact. Site personnel will undergo refresher training at not less

than six monthly intervals.

Daily pre-start meetings conducted by the Superintendent will inform the site workforce of

any environmental issues relevant to heritage management that could potentially be

impacted by, or impact on, the day’s activities.

Further details regarding staff induction and training are outlined in Section 5 of the CEMP.

7.5 Monitoring and inspections

Inspections of sensitive areas and activities with the potential to impact Aboriginal and non-Aboriginal heritage will occur for the duration of the Project.

Requirements and responsibilities in relation to monitoring and inspections are documented in Sections 6.1 and 6.2 of the CEMP.

7.6 Auditing

Audits (both internal and external) will be undertaken to assess the effectiveness of environmental controls, compliance with this CCHMP, CoA and other relevant approvals, licenses and guidelines.

Audit requirements are detailed in Section 6.4 of the CEMP.

7.7 Reporting

Reporting requirements and responsibilities are documented in Section 6.5 of the CEMP.

GEJV will maintain accurate records substantiating all Construction activities associated with

the Project or relevant to the conditions of approval, including measures taken to implement


this CCHMP. Records will be made available to the DP&E and DoEE upon request, within

the timeframe nominated in the request.

7.8 Incident planning and response

Response to incidents will be undertaken as described in Section 5.6 of the CEMP and in

accordance with the Environmental Incident Classification and Reporting Procedure (refer to

Appendix A7 of the CEMP).

7.9 Non-conformances

A non-conformance is the failure or refusal to comply with the requirements of Project

system documentation, including this CCHMP. Any member of the Project team may raise a

non-conformance or improvement opportunity.

When a non-conformance is detected, the process described in Section 6.6 and Appendix

A9 of the CEMP will be implemented. The Quality Plan describes the process for managing

non-conforming work practices and initiating corrective / preventative actions or system

improvements in accordance with the process outlined in Section 6.6.1 of the CEMP.


8 Review and improvement

8.1 Continuous improvement

Continuous improvement of this CCHMP will be achieved by the ongoing evaluation of environmental management performance against environmental policies, objectives and targets for the purpose of identifying opportunities for improvement.

The continuous improvement process will be designed to:

Identify areas of opportunity for improvement of environmental management and performance

Identify environmental risks not already included in the risk register

Determine the cause or causes of non-conformances and deficiencies

Develop and implement a plan of corrective and preventative action to address any non-conformances and deficiencies

Verify the effectiveness of the corrective and preventative actions

Document any changes in procedures resulting from process improvement

Make comparisons with objectives and targets.

GEJV is responsible for ensuring Project environmental risks are identified and included in the risk register and appropriate mitigation measures implemented throughout the Construction of the Project as part of the continuous improvement process. The process for ongoing risk identification and management during Construction is outlined in Section 4.3.2 of the CEMP.

8.2 CCHMP update and amendment

The processes described in Section 6.8 of the CEMP may result in the need to update or revise this CCHMP. This will occur as needed.

Any revisions to the CCHMP will be in accordance with the process outlined in Section 6.8 of the CEMP.

A copy of the updated CCHMP and changes will be distributed to all relevant stakeholders in accordance with the approved document control procedure – refer to Section 6.7.2 of the CEMP.

Annexure A

Unexpected Heritage Items Procedure

Introduction

The Unexpected Heritage Items Procedure (Roads and Maritime, 2015) was developed to provide a consistent method for managing unexpected heritage items (both Aboriginal and non-Aboriginal) that are discovered during Roads and Maritime activities. The Procedure includes Roads and Maritime’s heritage notification obligations under the Heritage Act 1977 (NSW), National Parks and Wildlife Act 1974 (NSW), Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) and the Coroner’s Act 2009 (NSW).

The discovery of an ‘unexpected heritage item’ may include:

Aboriginal objects

Historic (non-Aboriginal) heritage items

Human skeletal remains

The Procedure was developed in consultation with Heritage Division archaeologists. The following OEH guidelines and policies were referenced during the drafting of the Procedure:

Assessing heritage significance (NSW Heritage Office, 2001)

Photographic recording of heritage items using film or digital capture (NSW Heritage Office, 2006)

Skeletal remains: Guidelines for management of human skeletal remains (NSW Heritage Office, 1988)

Due diligence code of practice for the protection of Aboriginal objects in NSW (OEH, 2010)

Aboriginal cultural heritage consultation requirement for proponents (OEH, 2010)

Code of practice for the archaeological investigation of Aboriginal objects in NSW (OEH, 2010)

Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW (OEH, 2011)

The Procedure was prepared by two suitably qualified and experienced heritage specialists:

Gretta Logue, former Environment Officer (Heritage) with Roads and Maritime Services. Gretta has a B.Sc. Hons (Archaeology), M.Sc. Hons (Forensic Anthropology, PG Diploma (Environment Law) and at the time of preparation of the procedure had 10 years professional heritage experience

Daniel Percival, Environment Officer (Heritage) with Roads and Maritime Services. Daniel has a BA Hons (Archaeology) (First Class) with over 10 years professional heritage experience

The Procedure was provided to the Heritage Council of NSW and OEH as part of the CCHMP for consultation purposes, as required by NSW-CoA E16 and E21. During the consultation process, the Heritage Council of NSW and OEH indicated their support for the Procedure as being appropriate to manage the discovery of unexpected heritage items during Construction of the Project.

The Procedure includes the requirement that consultation with Registered Aboriginal Parties will be undertaken in the event that previously unidentified Aboriginal heritage is discovered.

Attachment 1 to this Unexpected Heritage Items Procedure contains additional information that describes the process to be followed in the event that suspected human remains of Aboriginal origin are discovered during Construction.

Attachment 1: Unexpected Human Remains Procedure

This Attachment 1 outlines the procedure for handling Aboriginal human remains in accordance with NSW-CoA E21, the Skeletal Remains – Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977 (NSW Heritage Office 1998) and the Aboriginal Cultural Heritage Standards and Guidelines Kit (NPWS 1997). It should be read in conjunction with Appendix E Uncovering Bones in the Unexpected Heritage Finds Procedure.

In the event that Construction activity reveals possible Aboriginal human skeletal material (remains), the following procedure is to be followed:

1. As soon as remains are exposed, immediately halt all work at that location and

immediately notify the Roads and Maritime Environmental Manager (or delegate) or

Project Manager on site to allow assessment and management.

2. Secure the site.

3. Contact police as the discovery of human remains triggers a process which assumes that

they are associated with a crime. The NSW Police will retain carriage of the process until

such time as the remains are confirmed to be Aboriginal or historic.

4. Notify DP&E, as the approval authority, when human remains are found.

5. Once the police process is complete and if remains are not associated with a

contemporary crime contact DP&E. DP&E will determine the process, in consultation with

OEH and/or the Heritage Office as appropriate:

6. If the remains are identified as Aboriginal, secure the site and DP&E and notify all RAPs

or Aboriginal stakeholders in writing. DP&E will act in consultation with OEH as

appropriate. Notify OEH in writing according to DP&E instructions.

7. If the remains are identified as non-Aboriginal (historical) remains, secure the site and

contact the DP&E. DP&E will act in consultation with the Heritage Division as

appropriate. Notify the Heritage Division in writing according to DP&E instructions.

8. Once the police process is complete and if the remains are identified as not being human

and the appropriate clearances have been given, work can recommence.

Unexpected Heritage ItemsHeritage Procedure 02

Contents

1 Purpose....................................................................................................................................12 Scope .......................................................................................................................................23 Types of unexpected heritage items and their legal protection........................................... 4

4 Responsibilities.......................................................................................................................75 Acronyms ................................................................................................................................9

Overview of the Procedure...................................................................................................107 Unexpected heritage items procedure................................................................................. 118 Seeking advice ......................................................................................................................209 Related information...............................................................................................................21Key environmental contacts ......................................................................................................37About this release.......................................................................................................................47

Appendices

Please note

1 Purpose

This procedure applies to all Road and Maritime construction andmaintenance activities

2 Scope

applies to

does not

3 Types of unexpected heritage items and their legal protection

Appendix A

3.1 Aboriginal objects

IMPORTANT!All Aboriginal objects, regardless of significance, are protected under law.

3

3.2 Historic heritage items

3.2.1 Archaeological relics

IMPORTANT!

All relics are subject to statutory controls and protections.

3.2.2 Other historic items

all projects

all projects

3.3 Human skeletal remains

10

IMPORTANT!

All human skeletal remains are subject to statutory controls and protections.

Appendix E

4 Responsibilities

Role Definition/responsibility

5 Acronyms

Acronym Meaning

Overview of the Procedure

Figure 1

Figure 1

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8 Seeking advice

Roads & Maritime Services

|T | F | E www.rta.nsw.gov.au | 13 22 13

9 Related information

Contact details:Effective date:Review date:

Documents

Appendix B5 - Construction Cultural Heritage Management ...€¦ · Construction Cultural Heritage Management Sub Plan 1 1 Introduction 1.1 Context This Construction Cultural Heritage