DUE DILIGENCE RISK ASSESSMENT REPORT D FOR THE …

DUE DILIGENCE RISK ASSESSMENT REPORT

FOR THE TEEWANA SOLAR FARM PROJECT

LOCATED ON LOTS 250 & 147, GIDGEGANNUP, CITY OF SWAN,

WESTERN AUSTRALIA

A report prepared for Planning Solutions on behalf of the Teewana Farm Pty Ltd

By Mr Brad Goode and Mr Grant Preller Consulting Anthropologists 79 Naturaliste Terrace DUNSBOROUGH WA 6281 [email protected] Report submitted March 2019 to: Mr Scott Vincent Associate Planning Solutions (PS) Level 1, 251 St Georges Terrace PERTH WA 6000 The Registrar Department of Planning, Lands and Heritage Bairds Building 491 Wellington Street PERTH WA 6000

D U E

D I L I G E N C E

R I S K

A S S E S S M E N T

A D V I C E

Version: 1, Version Date: 29/03/2019Document Set ID: 4971272

2 | P a g e DUE DILIGENCE RISK ASSESSMENT REPORT FOR THE TEEWANA SOLAR FARM PROJECT LOCATED ON LOTS 250 AND 147, GIDGEGANNUP,

CITY OF SWAN, WESTERN AUSTRALIA

ACKNOWLEDGEMENTS The authors would like to thank the following organisations and individuals who helped with the management of this Due Diligence Risk Assessment report.

Mr Scott Vincent – Planning Solutions (Associate) Ms Sharon Zappelli – Department of Planning, Lands & Heritage (Heritage Support Officer) Mrs Leah Mackie – Brad Goode & Associates (Research & Mapping Assistant)

DISCLAIMER

All of the information contained in this report is believed to be correct and accurate at the time it was recorded. The author does not take responsibility or accept any liability for errors or omissions contained in the report based upon information supplied by others. This is advice based on the Department of Planning, Lands & Heritage guidelines for Due Diligence Risk Assessment (2014) in relation to the Western Australian Aboriginal Heritage Act (1972) [AHA]. However the risk in complying with the Act is the responsibility of the proponent.

COPYRIGHT This report and the information contained herein are subject to Copyright and may not be copied in whole or part without the written consent of the copyright holders, being Brad Goode and Associates Pty Ltd, Teewana Farm Pty Ltd and Planning Solutions.

MAPPING Datum Used: GDA 1994 MGA Zone 50.

GLOSSARY OF TERMS The Agent – Planning Solutions The Consultant – Brad Goode & Associates Pty Ltd (BGA) The Project – The Teewana Solar Farm Lots 250 & 147 Gidgegannup The Proponent – Teewana Farm Pty Ltd AHA – Western Australian Aboriginal Heritage Act (1972) ACMC – Aboriginal Cultural Material Committee CHMP – Cultural Heritage Management Plan DAA – former Department of Aboriginal Affairs DPLH – Department of Planning, Lands and Heritage Km – kilometres m – Metres MW – megawatt NNTT – National Native Title Tribunal NTC – Native Title Claim SWALSC – South West Aboriginal Land and Sea Council SWIS – South Western Interconnected System UCL – Unallocated Crown land UWA – University of Western Australia




EXECUTIVE SUMMARY

Teewana Farm Pty Ltd has requested a ‘Due Diligence Risk Assessment’ report under the Western Australian Aboriginal Heritage Act (1972) – (AHA) to consider a proposal to construct a solar farm on portions of Lot 250 & Lot 147 (Deposited Plans 013669250 & 012452147) at 284 Burgess Road, Gidgegannup, in the City of Swan, Western Australia. Specifically, the purpose of the assessment is to provide advice regarding the risk of a Section 17 breach of the AHA occurring should the proposed solar farm project proceed as it is currently planned. The report will also provide management advice to remain compliant with the AHA to guide construction (see DAA Due Diligence Risk Assessment Guidelines 2014, Appendix 2). The portion of Lots 250 & 147 being utilised for the solar farm are designed around three blocks of solar panels including one block located in the north west and two larger blocks of panels proposed to be located on the eastern and western sides of an ~2.4 hectare pocket of remnant bush. The Site Boundary is proposed to incorporate all ancillary infrastructure including the three blocks of Solar Panels and the central pocket of remnant bush, which will be entirely fenced. The Site Boundary area will be approximately 28.43 hectares that measures 777m (E/W) & 553m (N/S) at the widest points with an elevation between 200m to 280m above sea level (the “Project Area”). No major waterways that are registered Aboriginal heritage sites intersect the project area, however an ephemeral brook running in a north-westerly direction intersects with north-east boundary of the Project Area, after which it runs west through the Baskerville Estate, eventually joining the Swan River, Site ID 3536. The Susannah Brook Site ID 640 also lies 1.9km to the south. No Roads border or enter the Project Area area other than some pre-existing farm tracks. Access to the Project Area is proposed from tracks that connect to Burgess Road in the south and Barcelona Drive in the north. In relation to the Proposed Teewana Solar Farm Project Area, Schedule 1 of the AHA Aboriginal Heritage Due Diligence Guidelines (DAA 2014: 13-14) has determined that the works proposed constitute a ‘Significant disturbance’, as levelling for access roads and landscaping, trenching for cabling and infrastructure will be required to construct the solar farm.

A review of aerial imagery shows the Project Area to be located on established farmland that has previously been cultivated and largely cleared with the exception of a few smaller pockets of remnant vegetation (see Appendix 2: Teewana Solar Farm Proposed Layout) including the largest pocket that is not proposed to be impacted. Therefore, in relation to the Due Diligence Guidelines the majority of the Teewana Solar Farm Project Area is classed as a ‘Significantly Altered Environment’ with remnant vegetation categorised as ‘Moderately Altered Environment’ (DAA 2014: 15).

Schedule 2 of the risk assessment matrix suggests that the works are a significant disturbance and therefore pose a ‘Low Risk’ of encountering an Aboriginal heritage sites in the significantly altered lands and a ‘Medium Risk’ within the areas where the land has been moderately altered that includes the pockets of remnant bushland.




A review of the AHIS has identified no Registered Aboriginal Heritage Sites or Places located within the Project Area. A broader search revealed two groups of Registered Sites and Places in the vicinity of the Project Area, and one ethnographic site located approximately 500m to the north-east and a larger group of artefact scatters located approximately 1.5km to the north-west. Place ID 3817 ‘Brigadoon 24’ is an artefact scatter that is located approximately 680m to the north-west of the Solar Farm Project Area, at the eastern end of Barcelona Drive. The existing Primary Northern Access track may intersect this artefact scatter. Should any works be proposed within the DPLH extent of this artefact scatter, ministerial consent under Section 18 of the AHA will be required. Previous surveys conducted in the vicinity of the Project Area have concluded that that any archaeological material that might be identified in open pastures are likely to not be in situ and have little scientific provenance as farming activities have adversely affected its context therefore diminishing its significance. Conversely, previous surveys that have been conducted through areas of remnant vegetation, which have a higher likelihood to contain intact archaeological sites, have found these areas to have very low ground visibility, making it generally unfeasible to identify archaeological material during surveys. As such, it is concluded from a review of the landscape features, the archival record and Archaeological research that whilst there is potential for Archaeological material to be located within the Project Area, the likelihood of finding such material that has not been impacted by previous farming activities is low. Taking these factors into account, there is some risk of a breach of the AHA should substantial material of this nature be discovered during excavations. As a result of these factors, the risk assessment matrix suggests reviewing the landscape and exercising caution by:

Consider Archaeological monitoring; Have a contingency Heritage Management Plan in place in case cultural materials or skeletal

remains are found during excavations. It is recommended that an Ethnographic Site Identification survey is not conducted for the Teewana Project Area, Gidgegannup, with the Whadjuk People WC2011/009 Native Title Claim group as previous studies in the area have not indicated that any extant cultural values intersect with the Project Area. As there is a combination of low ground visibility in remnant bushland areas, and extensive surface modification to pasture areas at the Teewana Project Area, it is recommended that an archaeological survey is not conducted, however the proponent should be aware that there is some risk that excavations for the project area may encounter sub-surface archaeological materials.




As such it is recommended that the Proponent consider engaging Aboriginal Heritage Monitors from the Whadjuk People to inspect areas more likely to contain cultural material located sub-surface or that may be obscured by ground cover. It is noted that this is not an obligation under the Aboriginal Heritage Act but a recommendation in line with the Due Diligence Guidelines to mitigate risk of breaching the AHA. It is also recommended that all personnel and contractors be advised of their obligations under section 15 of the Aboriginal Heritage Act (1972) to stop work and to report the discovery of any Aboriginal cultural material to the Registrar of Aboriginal Sites at Department of Planning, Lands and Heritage which may be uncovered in the course of their activities. In the event of any artefactual material or skeletal material being discovered in the course of the excavations all work should stop in the immediate area with the matter being reported to the Department of Planning, Lands and Heritage who would carry out an investigation of material and its significance under the AHA. Depending upon the outcomes, approvals under the AHA and mitigate salvage may be required to continue with the work. The proponent should build this risk into the program of works in the form of having a heritage management contingency plan to guide contractors should this occur. In the case of skeletal material being uncovered, work must cease immediately and the Western Australian Police must be notified under the Coroners Act (1996) to determine if the remains constitute a crime scene or the remains are of Aboriginal origin. Should the remains be confirmed to be of Aboriginal origin the Whadjuk People WC2011/009 Native Title Claim group at SWALSC should be consulted in order to determine an appropriate course of action to take before the work could recommence and as well as approvals advice from DPLH should be sought.




CONTENTS ACKNOWLEDGEMENTS ........................................................................................................................... 2

MAPPING................................................................................................................................................. 2

GLOSSARY OF TERMS .............................................................................................................................. 2

EXECUTIVE SUMMARY ............................................................................................................................ 3

CONTENTS ............................................................................................................................................... 6

REPORT.................................................................................................................................................... 8

ISSUE ....................................................................................................................................................... 8

BACKGROUND ......................................................................................................................................... 8

LOCATION.............................................................................................................................................. 10

APPROVALS PROCESS ............................................................................................................................ 12

DESKTOP ASSESSMENT RESULTS .......................................................................................................... 16

REVIEW OF RELEVANT REGISTERED SITES ........................................................................................ 17

REVIEW OF RELEVANT OTHER HERITAGE PLACES ............................................................................ 18

ABORIGINAL HERITAGE SURVEYS CONDUCTED IN THE SURVEY AREA ................................................. 19

REVIEW OF RELEVANT REPORTS ....................................................................................................... 21

RISK ASSESSMENT ................................................................................................................................. 23

RECOMMENDATIONS ........................................................................................................................... 24

REFERENCES .......................................................................................................................................... 25

APPENDIX 1: SITES REGISTER SEARCH .................................................................................................. 26

APPENDIX 2: ABORIGINAL HERITAGE DUE DILIGENCE GUIDELINES ..................................................... 27

APPENDIX 3: TEEWANA SOLAR FARM PROPOSED LAYOUT PLAN ........................................................ 28




LIST OF FIGURES

Figure 1: Location map of the Project Area. ......................................................................................... 10 Figure 2: Map showing an aerial view of the Project Area. .................................................................. 11 Figure 3: Map of Native Title Claim Boundary in relation to the Teewana Project Area located on a portion of Lots 250 and 147, Gidgegannup, City of Swan, W.A. ........................................................... 15 Figure 4: Map of DPLH Aboriginal Sites and Places within 1km radius of the Teewana Solar Farm Project Area. ......................................................................................................................................... 17 Figure 5: Map of relevant Aboriginal heritage surveys previously conducted in the vicinity of the Project Area. ......................................................................................................................................... 20

LIST OF TABLES Table 1: Representative Body contact details for relevant Native Title Claim group. .......................... 14 Table 2: Summary of Aboriginal heritage sites/places with DPLH extents within 1km of the Project Area. ...................................................................................................................................................... 16 Table 3: Table of previous Aboriginal heritage surveys conducted within or in the vicinity of the Project Area. ......................................................................................................................................... 19




REPORT

DUE DILIGENCE RISK ASSESSMENT ADVICE FOR PROPOSED SOLAR FARM ON A

PORTION OF LOTS 250 AND 147, GIDGEGANNUP, CITY OF SWAN, WESTERN

AUSTRALIA

ISSUE Teewana Farm Pty Ltd has requested a ‘Due Diligence Risk Assessment’ report under the Western Australian Aboriginal Heritage Act (1972) – (AHA) to consider a proposal to construct a solar farm on portions of Lot 250 & Lot 147 (Deposited Plans 013669250 & 012452147) at 284 Burgess Road, Gidgegannup, in the City of Swan, Western Australia. Specifically, the purpose of the assessment is to provide advice regarding the risk of a Section 17 breach of the AHA occurring should the proposed solar farm project proceed as it is currently planned. The report will also provide management advice to remain compliant with the AHA to guide construction (See DAA Due Diligence Risk Assessment Guidelines 2014, appendix 2).

BACKGROUND The Teewana Solar Farm Project Area is located on portions of Lot 250 & Lot 147, located 5km east of Brigadoon and 29km north east of Perth in Gidgegannup, City of Swan. In relation to other developments in the local area, the Solar Farm is located approximately 800m south east of the Baskerville Estate, a ‘Rural Residential’ area bordering Lot 250 near Lamis Place & Barcelona Drive (see figure 1: Location map). The proposed Project Area is located on the Darling Scarp and is 34km inland from the coastline in an area that was formerly sandy Marri/Jarrah woodland. The area proposed for the Solar Farm has been generally cleared for agriculture, with two predominant thickets of remnant vegetation and a scattering of several groupings and/or individual trees remaining. The portion of Lots 250 & 147 being utilised for the solar farm are based upon three blocks of solar panels including one block located in the north west and two larger blocks of panels proposed to be located on the eastern and western sides of an ~2.4 hectare pocket of remnant bush. The Site Boundary is proposed to incorporate the three blocks of Solar Panels and the central pocket of remnant bush, which will be entirely fenced. The Site Boundary area will be approximately 28 hectares that measures 777m (E/W) & 553m (N/S) at the widest points with elevation varying between 200m to 280m above sea level (the “Project Area”). Major waterways include Susannah Brook which lies 1.9km to the south and the Swan River which lies 5km to the northwest, running in a south-south-westerly direction. An ephemeral brook running in a north-westerly direction, intersects with north-east boundary of the Project Area, after which it runs through the Baskerville Estate, eventually joining the Swan River approximately 6 kilometres downstream from the Project Area. No Roads border or enter the development area other than some pre-existing farm tracks.




The proposed development is for a power generation plant that converts sunlight into electrical energy through upward-facing panels that hold a large number of PV cells. The electrical energy will be exported to the South West Interconnecting System via a local distribution line. The solar farm and control systems will have the following characteristics:

Lines of solar panels will be mounted in rows aligned north to south and spaced on single-axis tracking frames

Each line of panels will track from facing east in the morning to west in the evening and late afternoon

Frames will be fastened to small diameter driven or screwed piles, all positioned above ground level

Panel orientation will be controlled by electrical motors and gearing The completed solar farm will cover approximately 28ha A substation, inverters, control system and below-ground interconnecting cabling Above-ground export cable to a Western Power connection point Security fencing around the perimeter and laydown/parking area.

The paddock vegetation will be left in place under the panels and will be either grazed (sheep or goats) or manually controlled through the operational life of the solar farm. The topography of the Project Area is suited to a solar farm and does not require extensive grading however, limestone outcrops and rubble will need to be levelled and a minor amount of cut and fill may be necessary to prepare for installation. Two existing access routes have been proposed to access the Project Area include the Primary (northern) Access off Barcelona Drive and a Secondary (southern) Access Route off Burgess Road.




LOCATION

Figure 1: Location map of the Project Area.




Figure 2: Map showing an aerial view of the Project Area.




APPROVALS PROCESS As a part of the approvals process compliance with the Native Title Act (1993) and the Western Australian Aboriginal Heritage Act (1972) is required.

Native title may exist upon all land except where the granting of tenure or an ILUA has extinguished or suspended Native Title. Freehold land and Crown land subject to certain types of leasing arrangements (pre Native Title) has generally extinguished or suspended Native Title. Unallocated Crown land (UCL) and some Crown leases (granted after 1993 that are compatible with the existence of Native Title) are generally subject to the Native Title Act (1993).

In relation to the above project the land tenure of Lots 250 and 147 are of a type where the Native Title Act (1993) has been suspended or extinguished by the granting of Freehold tenure. However matters of native title are legal questions and as such a specialist native title lawyer should be consulted if there is any ambiguity in relation to such matters.

In relation to the Western Australian Aboriginal Heritage Act (1972) compliance means that the proponent is obligated to identify and protect all Aboriginal heritage sites and places as defined by Section 5 of the AHA prior to development occurring. If protection is not an option then consent to affect such sites and places can be sought from the DPLH and the Minister of Aboriginal Affairs under Section 16 & 18 of the AHA, or under regulation 10 of the Aboriginal Heritage Regulations Act (1974).

Under Section 5 of the AHA an Aboriginal heritage site or place is defined as:

a) any place of importance and significance where persons of Aboriginal descent have, or appear to have, left any object, natural or artificial, used for, or made or adapted for use for, any purpose connected with the traditional cultural life of the Aboriginal people, past or present;

b) any sacred, ritual or ceremonial site, which is of importance and special significance to persons of Aboriginal descent;

c) any place which, in the opinion of the Committee, is or was associated with the Aboriginal people and which is of historical, anthropological, archaeological or ethnographical interest and should be preserved because of its importance and significance to the cultural heritage of the State; and

d) Any place where objects to which this Act applies are traditionally stored, or to which, under the provisions of this Act, such objects have been taken or removed.

Section 17 of the AHA states that ‘a person who excavates, destroys, damages, conceals or in any way alters an Aboriginal site commits an offence, unless he or she acts with the authorisation of the Registrar of Aboriginal Sites (Registrar) under Section 16 or the consent of the Minister of Aboriginal Affairs (Minister), under Section 18. An offence under Section 17 of the AHA can incur a fine of up to 50k or if intent is proven 12 months imprisonment.




Consent can be also given by the ‘Registrar’ for emergency works or works that are unlikely to alter Aboriginal heritage values under the Aboriginal Heritage Regulations Act 1974 (DAA Aboriginal Heritage Due-Diligence Guidelines 2014: 4). To assess the risks of a Section 17 breach occurring the Aboriginal Heritage Due Diligence Guidelines, (as published by the Department of Aboriginal Affairs (now DPLH) & the Department of Premier and Cabinet in 2014) sets out a table that classifies types of ground disturbing activities (schedule 1) and their risks to Aboriginal heritage values. Schedule 2 sets out a risk assessment matrix (schedule 2) that then assesses these activities against land types where Aboriginal heritage may be present. The guidelines then determine the risk rating from low to high where the proposed activity may risk a breach of Section 17 of the AHA (ibid). To mitigate these risks the DPLH recommend various levels of heritage assessment to locate and define the Aboriginal heritage values present and to determine the effects that the project will have on these values. These assessments then form the basis of avoidance planning or provide the supporting information to seek consent under section 18 of the AHA if it is required. Such assessments can vary from desktop research, which consists of a search of the Aboriginal Sites and Places Register at the DPLH, a search of heritage reports inventory and an analysis of their findings, to a full site identification Aboriginal heritage survey, comprising of both archaeological and ethnographic field inspections. Full site identification surveys are usually required as the supporting evidence to seek Ministerial consent under a Section 18 application. When conducting site identification Aboriginal heritage surveys in support of a Section 18 consent notices the Aboriginal Cultural Materials Committee (ACMC) will only give this notice consideration if the heritage consultant has correctly identified those who hold the knowledge of the sites heritage values and those who hold custodial rights to the area.

To meet these requirements it is usual that the Aboriginal informants for heritage surveys are identified and chosen by contact and consultation with the legal representative bodies such as Aboriginal Land Councils or law firms that represent groups under the Native Title Act (1993).

However while in the first instance contact and consultation with these groups is preferred to demonstrate that procedural fairness has been afforded, exclusive control of the selection process by these bodies is not mandatory under the AHA. Prior to Native Title, anthropologists often identified these people through community networks. However the politics of Native Title has made this a more risky method, with land councils in particular lodging complaints that due process has not been followed. Having a Native Title Claim is considered by the ACMC as a qualification to speak on heritage matters.

DPLH heritage assessment policy advises that to ensure that all heritage values are correctly identified for subject lands that the following categories of Aboriginal people should be consulted:

DPLH named site informants; Native title owners or claimants;




Those who express an interest and those who have demonstrated heritage knowledge of an area.

In terms of those who have an interest in the above defined project areas it has been determined from an analysis of reports, sites and place files, DPLH informants’ lists, and Native Title Claims that the following groups and individuals have a heritage interest (see Tables 1 & 2):

Table 1: Representative Body contact details for relevant Native Title Claim group.

Native Title Claim Representative Body Contact Whadjuk People WC2011/009 NTC applicants: Clive Davis, Nigel Wilkes, Dianne Wynne, Noel Morich, Trevor Nettle

South West Aboriginal Land & Sea Council

SWALSC1490 Albany Highway Cannington WA 6987 Ph: (08) 9358 7400

The South West Aboriginal Land and Sea Council (SWALSC) represent the Whadjuk People WC2011/009 Native Title Claim group in heritage matters. SWALSC under the NSHA will assist clients who wish to conduct a survey with the selection of Aboriginal spokes persons from receipt of an Activity Notice. Under the NSHA SWALSC may wish to contract the heritage consultant or they may elect to allow the proponent to appoint consultants as long as the claim group are happy to work with this person (See NSHA). As a result of the settlement and execution of the Indigenous Land Use Agreement’s (ILUA) on the 8th of June 2015, all heritage surveys conducted by government agencies and mining companies where mining leases have been granted after June 2015 are required to be conducted under the Noongar Standard Heritage Agreement (NSHA). However this is not mandatory for Private developers but they may choose to enter into a NSHA. For more information regarding the NSHA and various processes go to https://www.dpc.wa.gov.au/swnts/Noongar-Heritage-and-History/Noongar-Standard-Heritage-Agreement/Pages/default.aspx There are no previously recorded Aboriginal heritage sites with DPLH extent overlaying the proposed Solar Farm Project.




Figure 3: Map of Native Title Claim Boundary in relation to the Teewana Project Area located on a portion of Lots 250

and 147, Gidgegannup, City of Swan, W.A.




DESKTOP ASSESSMENT RESULTS Desktop research conducted by the consultant to date has established that there are nil Registered Aboriginal Heritage Sites or Places with a DPLH extent that overlay the Solar Farm Project Area. A broader search was conducted within a 1km radius from the centre of the proposed Project Area that revealed a concentration of Aboriginal sites and places located within 500m of the north eastern corner of the Project Area that include Registered Site ID 3722 ‘O’Brien Road’, Place ID 3817 ‘Brigadoon 24’, Place ID 17507 ‘Gidgegannup 01’; Place ID 17510 ‘Gidgegannup Soak + Camp 01’ and Place ID 17511 ‘Balgorup/Big Pond'. It was noted that an additional concentration of artefacts scatters located approximately 1.2km from the centre of the Project Area were also identified during a survey conducted by Strawbridge (1984) however the results of these will be reviewed under Review of Relevant Reports.

Table 2: Summary of Aboriginal heritage sites/places with DPLH extents within 1km of the Project Area.

ID Name Status Access RestrictedLocation (GDA94 Zone

50)* mE mN

Type

Distance to nearest

boundary of Solar Farm

Project Area

Registered Sites

3722 O'BRIEN ROAD Registered Site

O No 416139 6482149 Mythological ~490 metres

Other Heritage Places

3817 BRIGADOON 24 Lodged O N 414239 6483149 Artefacts / Scatter ~680 metres

17511 BALGORUP / 'BIG POND'

Stored Data /Not a Site

O No 416028 6482218 Hunting Place ~490 metres

17510 GIDGEGANNUP SOAK + CAMP 01


O No 416222 6482218 Camp, Water Source

~700 metres

17507 GIDGEGANNUP 01


O No 416254 6482284 Artefacts / Scatter ~730 metres

* Please note: Coordinates are indicative locations that represent the centre of sites as shown on maps produced by the DPLH – they may not necessarily represent the true centre of all sites.

LEGEND R – Registered Site, I - Insufficient Information, S - Stored Data, L - Lodged awaiting assessment, IA - Information Assessed,

O – Access Open, C - Closed Access, N – File Not Restricted.




Figure 4: Map of DPLH Aboriginal Sites and Places within 1km radius of the Teewana Solar Farm Project Area.

REVIEW OF RELEVANT REGISTERED SITES

Site ID 3722 O’Brien Road Site ID 3722 ‘O’Brien Road’ was first recorded by O’Connor et al. (1984) during a survey conducted for Department of Aboriginal Sites across the Perth Metropolitan and Murray River areas. Mr D. Parfitt is listed as original Aboriginal informant with Mrs Vilma Webb listed as the Primary Informant on subsequent DPLH site recording forms. At the time of recording, Site ID 3722 is described as a permanent freshwater pool, measuring approximately 10 metres by 15 metres (O’Connor et al. 1985: 108 in DPLH Site File Site ID 3722, Section 3.6). The pool is further described to be “surrounded by swamp” (ibid) and was considered to be associated with the Waugal due to it still being “in existence and its water potable” (ibid). It is noted that the DPLH boundary of Site ID 3722 O’Brien Road is located approximately 500 metres to the east of the Project Area, with the aerial imagery indicating that the original swamp and waterhole have since been converted into two dams. The location of Site ID 3722 and the two dams that have been subsequently constructed drain into the channel that runs along the northern boundary of the Project Area. A review of the information recorded by O’Reilly et al. (1995) provides confirmation from the (unnamed) Aboriginal Informant #1 was involved in the original recording of Site ID 3722, and that the “area was originally a large pool which has since been drained into a dam” (ibid, 29). During the discussion held at the location, the Informant also indicated that he still considered the Waugal to be




located at the dam site, adding that Site ID 3722 was associated with the longer Nyingan (Echidna) that ran from Mt Mamba, through Gidgegannup and Brigadoon. A review of other places recorded by O’Reilly et al. (1995) found that during the same survey, an additional Waugal dreaming track (Place ID 17514 ‘Creek’) was identified (unnamed Aboriginal Informant #3) to be located approximately 2-kilometres to the north which infers that information about the alignment for the Nyingan dreaming track (associated with Side ID 3722) was not known at that time and through the omission of any elaborative information, it can assumed that the drainage channel that runs from Site ID 3722 and the existing dams that intersects with the northern portion of the Project Area was not considered to have any association with the Nyingan dreaming track.

REVIEW OF RELEVANT OTHER HERITAGE PLACES

Other Heritage Place ID 3817 ‘Brigadoon 24’ Other Heritage Place ID 3817 ‘Brigadoon 24’ is a discrete, sparse artefact scatter that was recorded by Strawbridge during an archaeological survey for the Brigadoon Estate Development in 1984. A total of 47 artefacts were recorded, comprising of flakes, cores/fragments and utilised pieces. The extent of the artefact scatter measured 160m x 90m and was located on a slope, 20m from a swamp. This artefact scatter is currently ‘Lodged’ on the Aboriginal Heritage Sites and Places Register where it awaits assessment by the ACMC under section 5 of the Aboriginal Heritage Act 1972. In relation to the proposed Solar Farm project, Place ID 3817 is located approximately 680m to the north-west, at the eastern end of Barcelona Drive; however an existing access track runs close to (but does not intersect) this artefact scatter. Should any works be proposed within the DPLH extent of this artefact scatter, ministerial consent under Section 18 of the AHA will be required. Other Heritage Place ID 17510 ‘Gidgegannup Soak + Camp 01’ and Other Heritage Place ID 17511 ‘Balgorup / Big Pond’ Other Heritage Places ID 17510 and 17511 were both recorded by O’Reilly et al. (1995) by an un-named Aboriginal Informant #3 who stated he used to come camping in the area with his uncles and aunties when he was younger. The two sites are directly related, with Place ID 17510 being an old hunting camp, and Place ID 17511 being the pool that attracted animals. O’Reilly et al. (1995: 29) record that the original pool was not used as a source of fresh water by the Aboriginal people using the camp as this would have scared the animals away. Whilst both places have been assessed not to meet criteria to be considered Aboriginal Sites under section 5 of the Aboriginal Heritage Act 1972, they do indicate that a known hunting camp was likely located in the area.




ABORIGINAL HERITAGE SURVEYS CONDUCTED IN THE SURVEY AREA

A review of Aboriginal heritage surveys that have been conducted in the vicinity of the Project Area project area has identified ten survey reports, including that by O’Connor et al. (1984) which identified O’Brien Road, an archaeological survey by Strawbridge (1984) of the adjacent Brigadoon Country Estate, and a survey by O’Reilly et al. (1995) of a proposed housing development area located on the adjacent blocks to the north east of Lots 250 and 147.

Table 3: Table of previous Aboriginal heritage surveys conducted within or in the vicinity of the Project Area.

ID Aboriginal Heritage Surveys Portion of current study area 21817 Machin, B. 1994, Ballaruk (traditional owners)

Aboriginal site recording project Desktop study and Consultation with Aboriginal representatives of the Gnangara Mound, extending from the Moore River and Gingin Brook in the north; Ellen Brook in the east; the Swan River in the south and the Indian Ocean to the west.

21818 Machin, B. 1995, Ballaruk (traditional owners of Whadjuk territorial boundaries the lands of the Ballaruk Peoples) Aboriginal site recording project: additional material

As above.

23833 Clark, J. 2006, A Review of the Aboriginal Heritage Aspects of a Proposed Expansion of the Hanson Red Hill Quarry

Large established quarry located approximately 2km south of the Project Area.

28405 Macintyre, K., 2009, Report on Aboriginal Consultations and Site Investigation of the Owl Stone at Hanson's Red Hill Quarry, Lot 11 Toodyay Road, City of Swan

As above.

102073 ECU, 1997, Western Australia Regional Forest Agreement Aboriginal Consultation Project. Vol.2. Nov.1997.

Desktop study and consultation with Noongar communities within or associated with the South-West Forest Region which includes a 50 – 100km corridor extending from the coast inland from Lancelin to Denmark.

102074 ECU, 1997, Western Australia Regional Forest Agreement Aboriginal Consultation Project. Vol.1. Nov.1997.

As above.

102670 O’Connor, R., Bodney, C. and Little, L. 1984,Preliminary Report on the Survey of Aboriginal Areas of Significance in the Perth Metropolitan & Murray River Regions July 1985.

Survey extends across the Perth Metropolitan area extending from Eglington in the north through to the Harvey Estuary in the south and inland to Mundaring Weir in the east. This survey area includes the Project Area.

103564 Hallam, 1971, An Archaeological Survey Project: The Perth Area, Western Australia. Apr 1972.

Perth area including the proposed Project Area.

103576 O’Reilly, S., Collard, L., and Walster, A, 1995,Report of an Aboriginal Heritage Survey O'Brien Road, Gidgegannup

Survey includes the adjacent Lot located to the north and north east of the proposed Project Area.

104500 Strawbridge, L. 1984, Aboriginal archaeological sites in the proposed Brigadoon Estate Development Darling Scarp, Western

Survey includes a proposed housing development located approximately 1.5km to the northwest of the proposed Project Area.




Figure 5: Map of relevant Aboriginal heritage surveys previously conducted in the vicinity of the Project Area.




REVIEW OF RELEVANT REPORTS

A review of Sites and Places identified two discrete concentrations of sites and places, namely a large grouping of artefact scatters identified by Strawbridge (1984) during a survey for the Brigadoon country estate (Strawbridge, 1984) which are located approximately 1.5km to the north west of the Project Area, and second concentration identified by O’Reilly et al. (1995) during a survey for another proposed housing development on a large block bordering the north east boundaries of the Project Area within Lots 250 and 147. A third report by O’Connor et al. (1984) is also reviewed as this survey resulted in the original recording of Site ID 3722 O’Brien Road. O’Connor, R., Bodney, C. and Little, L. 1984, Preliminary Report on the Survey of Aboriginal Areas of

Significance in the Perth Metropolitan & Murray River Regions, July 1985 In 1984, O’Connor, Bodney & Little were commissioned by the Centre for Prehistory at the University of Western Australia under a grant from the Australian Heritage Commission to conduct an assessment of Aboriginal areas of significance located within the great Perth Metropolitan region including an area generally triangular, extending from the Yanchep National Park (up to Eglington) in the north, through to the Pinjarra and the Harvey Estuary in the south, and inland to Gidgegannup in the east. This survey area includes several sites located in the vicinity of the Project Area including the O’Brien road Waugal Site (O’Connor et al. 1984; 08) which is described as a spring which is a home of the Waugal. At the time of the survey, O’Connor records the site to be located at the base of a steep slope where the 10m x 15m permanent freshwater pool was located and surrounded by a swamp (ibid: 08). Several other Waugal sites are referenced in the report however none downstream or specifically overlapping with the proposed Project Area. Strawbridge, L. 1984, Aboriginal Archaeological Sites in the Proposed Brigadoon Estate

Development, Darling Scarp, Western Australia, Report prepared for T. S. Martin and Associates by the Centre for Prehistory, The University of Western Australia [DPLH Report ID 104500].

In 1984, T.S. Martin and Associates commissioned the Centre for Prehistory at the University of Western Australia to conduct an archaeological survey for the proposed Brigadoon country estate located approximately 1.5km to the northwest of the proposed Project Area. Archaeological investigations included the ‘relocation’ (i.e. reidentification) of 23 previously identified artefact scatters and an additional 23 newly identified artefact concentrations to form a total of 33 distinct archaeological “sites” including three potential quarries (ibid: 1).




Strawbridge notes significant variation of ground visibility with specific note that regrowth areas were recorded to have poor visibility (Strawbridge, 1984: 13-14). Steep slopes which included 39% of the survey area were generally excluded due to the low likelihood of sites being found on this type of terrain (ibid: p12, 13, 19). Of the 33 distinct “archaeological sites” identified by Strawbridge, seven are located within 2km of the Project Area, all of which are described to be artefact concentrations. A review of 19 places located in the section of the Brigadoon Country Estate nearest to the Project Area, ten have since been registered as Aboriginal Sites under section 5 of the Aboriginal Heritage Act 1972. Only one of these Registered Sites was identified on “pasture”; all other places recorded by Strawbridge that have since been successfully registered as Aboriginal Sites were located in either in natural regrowth or natural regrowth combined with dryandra and/or pasture. This survey is relevant to the current Project Area as it provides an indication that the area would have been used extensively by Aboriginal people pre-contact with predominant pattern of distribution of these sites along drainage channels. O’Reilly, S., Collard, L. and Walster, B.A. 1995, Report of an Aboriginal Heritage Survey – O’Brien

Road, Gidgegannup, Report prepared for Woodsome Management by McDonald, Hales and Associates Pty Ltd, July 1985 [DPLH Report ID 103576].

In 1995, McDonald, Hales and Associates were commissioned by Woodsome Management to conduct van Aboriginal survey for a proposed housing development at O’Brien Road, Gidgegannup. The area included in this report is directly adjacent to the north eastern boundary of the Project Area. The archaeological component of the survey was conducted by O’Reilly and Collard and resulted in three artefact scatters being located, including one within the same area as the O’Brien Road ethnographic site. O’Reilly et al. (1995) note that the survey area was broadly divided into two vegetation types including “large tracts of remnant native vegetation” (ibid: 7) with “very poor visibility (0% - 10%)” (ibid: 8) and “open pasture” (ibid: 7) and that “all archaeological sites were located close to small creeklines” (ibid: 8). A review of the survey area notes that the drainage channel located to the north of the portion of the Project Area bordering Lot 147 was included in the O’Reilly scope but that no archaeological material was recorded. The ethnographic component of the survey was conducted by Walster which included an onsite inspection by six unnamed Aboriginal Consultants. At the advice of Aboriginal Consultants #1 and #2, an additional consultation was held using maps and aerial photography with Aboriginal Consultants #7 - #26. With regards to the current Project Area, Walster was able to confirm that the O’Brien Road was originally a freshwater pool, but that this had since been drained into a dam (O’Reilly et al. 1995: 29). No further discussions were recorded that indicate Site ID 3722 extending downstream into the drainage channel associated with Site ID 3722.




RISK ASSESSMENT In relation to the Proposed Teewana Solar Farm Project Area located within Lots 250 and 147, Schedule 1 of the AHA Aboriginal Heritage Due Diligence Guidelines (DAA 2014: 13-14) has determined that the works proposed constitute a ‘Significant disturbance’, as levelling for access roads and landscaping, trenching for cabling and infrastructure will be required to construct the solar farm.

As stated above, a review of aerial imagery indicates that the Project Area is located within established farmland that has previously been cultivated and largely cleared with the exception of a few smaller pockets of remnant vegetation which are located in the mid portion of the polygon (see Appendix 2: Teewana Solar Farm Proposed Layout). Therefore, in relation to the Due Diligence Guidelines the majority of the Teewana Solar Farm Project Area is classed as a ‘Significantly Altered Environment’ with the mid portion categorised as ‘Moderately Altered Environment’ (DAA 2014: 15). Schedule 2 of the risk assessment matrix suggests that the works are a significant disturbance and therefore pose a ‘Low Risk’ of encountering an Aboriginal heritage sites in the significantly altered lands and a ‘Medium Risk’ within the areas where the land has been moderately altered, such as the small pockets of remnant bush land areas located in the mid portion of the Project Area. A review of the AHIS has identified two groups of Registered Sites and Places in the vicinity of the Project Area including four sites located approximately 500m to the north-east and a larger group of artefact scatters located approximately 1.5km to the north-west. No Sites or Places were identified to intersect with the Solar Farm Project Area. Place ID 3817 ‘Brigadoon 24’ is an artefact scatter that is located approximately 680m to the north-west of the Solar Farm Project Area, at the eastern end of Barcelona Drive; however the proposed Primary Northern Access track may intersect this artefact scatter. Should any works be proposed within the DPLH extent of this artefact scatter, ministerial consent under Section 18 of the AHA will be required. Previous surveys conducted in the vicinity of the Project Area have concluded that that any archaeological material that might be identified in open pasture is likely to have been substantially impacted or destroyed by farming activities; Conversely, whilst areas of remnant vegetation might have a higher likelihood to contain intact archaeological sites, the archaeological surveys conducted in this region have all concluded that areas with remnant vegetation have very low ground visibility, making it generally unfeasible to conduct archaeological assessments.

As such, it is concluded from a review of the landscape features, the archival record and archaeological research that whilst there is potential for archaeological material to be located within the Project Area, the likelihood of finding such material that has not been impacted by previous farming activities is low.

Taking these factors into account, there is some risk of a breach of the AHA should substantial material of this nature be discovered during excavations.




As a result of these factors, the risk assessment matrix suggests reviewing the landscape and exercising caution by:

Consider archaeological monitoring; Have a contingency heritage management plan in place in case cultural materials or skeletal

remains are found during excavations.

RECOMMENDATIONS It is recommended that an Ethnographic Site Identification survey is not conducted for the Teewana Project Area, Gidgegannup, with the Whadjuk People WC2011/009 Native Title Claim group as previous studies in the area have not indicated that any extant cultural values intersect with the Project Area. As there is a combination of low ground visibility in remnant bushland areas, and extensive surface modification to pasture areas at the Teewana Project Area, it is recommended that an archaeological survey is not conducted, however the proponent should be aware that there is some risk that excavations for the project area may encounter sub-surface archaeological materials. As such it is recommended that the Proponent consider engaging Aboriginal Heritage Monitors from the Whadjuk People to inspect areas more likely to contain cultural material located sub-surface or that may be obscured by ground cover. It is noted that this is not an obligation under the Aboriginal Heritage Act but a recommendation in line with the Due Diligence Guidelines to mitigate risk of breaching the AHA. It is also recommended that all personnel and contractors be advised of their obligations under section 15 of the Aboriginal Heritage Act (1972) to stop work and to report the discovery of any Aboriginal cultural material to the Registrar of Aboriginal Sites at Department of Planning, Lands and Heritage which may be uncovered in the course of their activities. In the event of any artefactual material or skeletal material being discovered in the course of the excavations all work should stop in the immediate area with the matter being reported to the Department of Planning, Lands and Heritage who would carry out an investigation of material and its significance under the AHA. Depending upon the outcomes, approvals under the AHA and mitigate salvage may be require to continue with the work. The proponent should build this risk into the program of works in the form of having a heritage management contingency plan to guide contractors should this occur. In the case of skeletal material being uncovered, work must cease immediately and the Western Australian Police must be notified under the Coroners Act (1996) to determine if the remains constitutes a crime scene or the remains are of Aboriginal origin. Should the remains be confirmed to be of Aboriginal origin the Whadjuk People WC2011/009 Native Title Claim group at SWALSC should be consulted in order to determine an appropriate course of action to take before the work could recommence and as well as approvals advice from DPLH should be sought.




REFERENCES Anderson, J. F. 1984, Between Plateau and Plain: Flexible responses to varied environments in

Southwestern Australia, Occasional Papers in Prehistory 4, Research School of Pacific Studies, Australian National University: Canberra.

Beard, J. S. 1981, Swan. 1:1,000,000 Vegetation Series, Explanatory Notes to Sheet 7, The Vegetation of the Swan Region, University of Western Australia Press: Perth.

Department of Aboriginal Affairs and Department of Premier and Cabinet 2014, Aboriginal Heritage Due Diligence Guidelines, Version 3.0, Government of Western Australia, updated October 2014, <https://www.daa.wa.gov.au/globalassets/pdf-files/ddg> accessed 12th June 2018.

Department of Premier and Cabinet 2018, South West Native Title Settlement, Noongar Standard Heritage Agreement, <https://www.dpc.wa.gov.au/swnts/Noongar-Heritage-and-History/Noongar-Standard-Heritage-Agreement/Pages/default.aspx> accessed 25th June 2018.

Hallam, S.J. 1986, Prehistoric Aboriginal Populations on the Swan Coastal Plain, Western Australia, Australian Research Grants Scheme: Final Report on the Project, July 1986.

McDonald, E., Coldrick, B. and Villiers, L. 2005a, Study of Groundwater – related Aboriginal Cultural Values on the Gnangara Mound, Western Australia, report prepared for Department of Environment, October 2005.

McDonald, E., Coldrick, B. and Villiers, L. 2005b, Study of Groundwater – related Aboriginal Cultural Values on the Gnangara Mound, Western Australia, Volume 1 Restricted Report for Department of Environment, October 2005.

McDonald, E., Coldrick, B. and Villiers, L. 2005c, Study of Groundwater – related Aboriginal Cultural Values on the Gnangara Mound, Western Australia, Volume 2 Inventory of Registered Sites, Restricted Report for Department of Environment, October 2005.

O’Connor, R., Bodney, C. and Little, L. 1985 Preliminary Report on the Survey of Aboriginal Areas of Significance in the Perth Metropolitan and Murray River Regions, July 1985, in DPLH Site File for Site ID 3722 ‘O’Brien Road’.

O’Reilly, S, Collard, L. and Walster, B.A. 1995, Report of an Aboriginal Heritage Survey – O’Brien Road, Gidgegannup, Report prepared for Woodsome Management by McDonald, Hales and Associates Pty Ltd, July 1985, [DPLH Report ID 103576]

Strawbridge, L. 1984, Aboriginal Archaeological Sites in the Proposed Brigadoon Estate Development, Darling Scarp, Western Australia, Report prepared for T. S. Martin and Associates by the Centre for Prehistory, The University of Western Australia [DPLH Report ID 104500].




APPENDIX 1: SITES REGISTER SEARCH


Search Criteria

On 8 June 2015, six identical Indigenous Land Use Agreements (ILUAs) were executed across the South West by the Western Australian Government and, respectively, the Yued, Whadjuk People, Gnaala Karla Booja, Ballardong People, South West Boojarah #2 and Wagyl Kaip & Southern Noongar groups, and the South West Aboriginal Land and Sea Council (SWALSC).

The ILUAs bind the parties (including 'the State', which encompasses all State Government Departments and certain State Government agencies) to enter into a Noongar Standard Heritage Agreement (NSHA) when conducting Aboriginal Heritage Surveys in the ILUA areas, unless they have an existing heritage agreement. It is also intended that other State agencies and instrumentalities enter into the NSHA when conducting Aboriginal Heritage Surveys in the ILUA areas. It is recommended a NSHA is entered into, and an 'Activity Notice' issued under the NSHA, if there is a risk that an activity will ‘impact’ (i.e. by excavating, damaging, destroying or altering in any way) an Aboriginal heritage site. The Aboriginal Heritage Due Diligence Guidelines, which are referenced by the NSHA, provide guidance on how to assess the potential risk to Aboriginal heritage.

Likewise, from 8 June 2015 the Department of Mines, Industry Regulation and Safety (DMIRS) in granting Mineral, Petroleum and related Access Authority tenures within the South West Settlement ILUA areas, will place a condition on these tenures requiring a heritage agreement or a NSHA before any rights can be exercised.

If you are a State Government Department, Agency or Instrumentality, or have a heritage condition placed on your mineral or petroleum title by DMIRS, you should seek advice as to the requirement to use the NSHA for your proposed activity. The full ILUA documents, maps of the ILUA areas and the NSHA template can be found at https://www.dpc.wa.gov.au/swnts/South-West-Native-Title-Settlement/Pages/default.aspx.

Further advice can also be sought from the Department of Planning, Lands and Heritage at [email protected].

South West Settlement ILUA Disclaimer

No Registered Aboriginal Sites in Shapefile - Project_area_indicative

CopyrightCopyright in the information contained herein is and shall remain the property of the State of Western Australia. All rights reserved.

Coordinate AccuracyCoordinates (Easting/Northing metres) are based on the GDA 94 Datum. Accuracy is shown as a code in brackets following the coordinates.

Your heritage enquiry is on land within or adjacent to the following Indigenous Land Use Agreement(s): Whadjuk People ILUA.

DisclaimerThe Aboriginal Heritage Act 1972 preserves all Aboriginal sites in Western Australia whether or not they are registered. Aboriginal sites exist that are not recorded on the Register of Aboriginal Sites, and some registered sites may no longer exist.

The information provided is made available in good faith and is predominately based on the information provided to the Department of Planning, Lands and Heritage by third parties. The information is provided solely on the basis that readers will be responsible for making their own assessment as to the accuracy of the information. If you find any errors or omissions in our records, including our maps, it would be appreciated if you email the details to the Department at [email protected] and we will make every effort to rectify it as soon as possible.

Aboriginal Heritage Inquiry System For further important information on using this information please see theDepartment of Planning, Lands and Heritage’s Disclaimer statement at

https://www.dplh.wa.gov.au/about-this-websiteList of Registered Aboriginal Sites

© Government of Western Australia Identifier: Page 1380474Report created: 11/02/2019 3:52:30 PM GIS_NET_USERby:


Basemap CopyrightMap was created using ArcGIS software by Esri. ArcGIS and ArcMap are the intellectual property of Esri and are used herein under license. Copyright © Esri. All rights reserved. For more information about Esri software, please visit www.esri.com.

Satellite, Hybrid, Road basemap sources: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, HERE, DeLorme, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia, NGCC, © OpenStreetMap contributors, and the GIS User Community.

Topographic basemap sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community.


https://www.dplh.wa.gov.au/about-this-websiteList of Registered Aboriginal Sites



Aerial Photos, Cadastre, Local Government Authority,Native Title boundary, Roads data copyright © WesternAustralian Land Information Authority (Landgate).

kilometres

Map Scale 1 : 9,680

Copyright for topographic map information shall at all timesremain the property of the Commonwealth of Australia,Geoscience Australia - National Mapping Division. Allrights reserved.

0.32

Mining Tenement, Petroleum Application, Petroleum Titleboundary data copyright © the State of Western Australia(Department of Mines, Industry Regulation and Safety).

Legend

MGA Zone 50 (GDA94)

For further important information on using this information please see theDepartment of Planning, Lands and Heritage’s Disclaimer statement at

https://www.dplh.wa.gov.au/about-this-website

Aboriginal Heritage Inquiry SystemMap of Registered Aboriginal Sites

Map created: 11/02/2019 3:52:38 PM© Government of Western Australia Identifier: 380474GIS_NET_USERby:


Search Criteria

On 8 June 2015, six identical Indigenous Land Use Agreements (ILUAs) were executed across the South West by the Western Australian Government and, respectively, the Yued, Whadjuk People, Gnaala Karla Booja, Ballardong People, South West Boojarah #2 and Wagyl Kaip & Southern Noongar groups, and the South West Aboriginal Land and Sea Council (SWALSC).

The ILUAs bind the parties (including 'the State', which encompasses all State Government Departments and certain State Government agencies) to enter into a Noongar Standard Heritage Agreement (NSHA) when conducting Aboriginal Heritage Surveys in the ILUA areas, unless they have an existing heritage agreement. It is also intended that other State agencies and instrumentalities enter into the NSHA when conducting Aboriginal Heritage Surveys in the ILUA areas. It is recommended a NSHA is entered into, and an 'Activity Notice' issued under the NSHA, if there is a risk that an activity will ‘impact’ (i.e. by excavating, damaging, destroying or altering in any way) an Aboriginal heritage site. The Aboriginal Heritage Due Diligence Guidelines, which are referenced by the NSHA, provide guidance on how to assess the potential risk to Aboriginal heritage.

Likewise, from 8 June 2015 the Department of Mines, Industry Regulation and Safety (DMIRS) in granting Mineral, Petroleum and related Access Authority tenures within the South West Settlement ILUA areas, will place a condition on these tenures requiring a heritage agreement or a NSHA before any rights can be exercised.

If you are a State Government Department, Agency or Instrumentality, or have a heritage condition placed on your mineral or petroleum title by DMIRS, you should seek advice as to the requirement to use the NSHA for your proposed activity. The full ILUA documents, maps of the ILUA areas and the NSHA template can be found at https://www.dpc.wa.gov.au/swnts/South-West-Native-Title-Settlement/Pages/default.aspx.

Further advice can also be sought from the Department of Planning, Lands and Heritage at [email protected].

South West Settlement ILUA Disclaimer

No Other Heritage Places in Shapefile - Project_area_indicative

CopyrightCopyright in the information contained herein is and shall remain the property of the State of Western Australia. All rights reserved.

Coordinate AccuracyCoordinates (Easting/Northing metres) are based on the GDA 94 Datum. Accuracy is shown as a code in brackets following the coordinates.

Your heritage enquiry is on land within or adjacent to the following Indigenous Land Use Agreement(s): Whadjuk People ILUA.

DisclaimerThe Aboriginal Heritage Act 1972 preserves all Aboriginal sites in Western Australia whether or not they are registered. Aboriginal sites exist that are not recorded on the Register of Aboriginal Sites, and some registered sites may no longer exist.

The information provided is made available in good faith and is predominately based on the information provided to the Department of Planning, Lands and Heritage by third parties. The information is provided solely on the basis that readers will be responsible for making their own assessment as to the accuracy of the information. If you find any errors or omissions in our records, including our maps, it would be appreciated if you email the details to the Department at [email protected] and we will make every effort to rectify it as soon as possible.


https://www.dplh.wa.gov.au/about-this-websiteList of Other Heritage Places



Basemap CopyrightMap was created using ArcGIS software by Esri. ArcGIS and ArcMap are the intellectual property of Esri and are used herein under license. Copyright © Esri. All rights reserved. For more information about Esri software, please visit www.esri.com.

Satellite, Hybrid, Road basemap sources: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, HERE, DeLorme, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia, NGCC, © OpenStreetMap contributors, and the GIS User Community.

Topographic basemap sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community.


https://www.dplh.wa.gov.au/about-this-websiteList of Other Heritage Places



Aerial Photos, Cadastre, Local Government Authority,Native Title boundary, Roads data copyright © WesternAustralian Land Information Authority (Landgate).

kilometres

Map Scale 1 : 9,680

Copyright for topographic map information shall at all timesremain the property of the Commonwealth of Australia,Geoscience Australia - National Mapping Division. Allrights reserved.

0.32

Mining Tenement, Petroleum Application, Petroleum Titleboundary data copyright © the State of Western Australia(Department of Mines, Industry Regulation and Safety).

Legend

MGA Zone 50 (GDA94)

For further important information on using this information please see theDepartment of Planning, Lands and Heritage’s Disclaimer statement at

https://www.dplh.wa.gov.au/about-this-website

Aboriginal Heritage Inquiry SystemMap of Other Heritage Places

Map created: 11/02/2019 3:54:06 PM© Government of Western Australia Identifier: 380476GIS_NET_USERby:




APPENDIX 2: ABORIGINAL HERITAGE DUE DILIGENCE GUIDELINES


Documents

DUE DILIGENCE RISK ASSESSMENT REPORT D FOR THE …