Specific management recommendations for the protection of potential areas of cultural heritage significance.

Transcription

1 4.9 CULTURAL HERITAGE Description of Environmental Values Non-Indigenous Cultural Heritage An independent Non-Indigenous Cultural Heritage Assessment was undertaken by Converge Heritage and Community (2011) to evaluate the non-indigenous cultural heritage values within the Elimatta Project MLA areas. Converge Heritage and Community also conducted an assessment of non-indigenous cultural heritage values for the proposed Rail and Services Corridor in These reports are included as Appendix AM and Appendix AN of this EIS, respectively. The reports present the results of the historical cultural heritage surveys, and include: A summary of the history and environment of the Project; The results of the cultural heritage field assessments; The nature of cultural heritage significance within the Project site, including the Rail and Services Corridor, and the potential impacts of the Project; and Specific management recommendations for the protection of potential areas of cultural heritage significance. Consultation Consultation with the following people was conducted as part of the research for the assessment of the MLA areas and Rail and Services Corridor: Stuart Golden, Bundi Station; Dinah Fraser, Wandoan/Juandah Historical Society; Kristof McDonald Field Operations Manager, Taroom Coal; Robyn Perrett, Kabunga West Station. Lyn Bahnisch, local historian; Malcolm Fraser, local landholder; Stuart Golden, local landholder; Rick Matthews Land Access Coordinator, Xstrata Coal; John Turner-Phillips Land Access Officer, Amec; and Kurtis Lindsay Ecologist, AARC. Elimatta Project

2 Historical Background Exploration Ludwig Leichhardt is generally assumed to have been the discoverer of the Dawson River and the first explorer to pass through the Wandoan area. In September 1844 Leichhardt led an expedition of eight out of Jimbour Station near Dalby to find an overland route to Port Essington near Darwin. By the second week in November he had passed into the Wandoan region from Dogwood Creek (Miles) before proceeding on towards the Dawson River and what is now known as Taroom. The Establishment of Pastoralism Squatters and settlers followed shortly after the Leichhardt party and this region became one of the first districts in the future Colony of Queensland (created in 1859) to be taken up for pastoralism. It became known as the Leichhardt district. In 1847, Thomas Mark Windeyer, on behalf of his uncle Charles Windeyer, took sheep to Wallibia Run on Woleebee Creek, which lies to the southeast of the MLA areas in the vicinity of the Jackson- Wandoan Road. By 1849, three more stations had been taken up in the region. In 1853, F.W Roche took up the adjacent runs of Mud Creek, Tummerambanya and Marydale, which were later amalgamated becoming known as Juandah. The Rail and Services Corridor study area lies within these runs. In 1857, the manager of Juandah bought the station known as Bundi (comprising of the Yamone, Sollow Hills and Bundi Runs). The MLA areas lie solely within the original Bundi Station boundaries. The Bundi run, which was resumed by the Crown in 1888, is also traversed by the Rail and Services Corridor. Frontier Conflict Pastoral expansion in the Leichhardt District incited conflict between European pastoralists and the Indigenous owners of the land. Valuable water holes and watercourses were essential to the success of grazing and the European settlement subsequently diminished local game and deprived local Aboriginal communities of access to resources and sacred and ceremonial sites. The squatters livestock often provided an alternative and plentiful food source. Aboriginal raids on stock subsequently became commonplace, occasionally accompanied by attacks on shepherds and outstations. Squatters had little tolerance for such attacks on their property and employees and consequently a state of intermittent conflict, occasionally sliding into open warfare, developed on the frontier (Reynolds 1987). In time, the Indigenous population was largely pacified by the Native Police. It became common practice to use local Aboriginal men as labour on the pastoral stations and Aboriginal women as domestic servants (French 1989). Aboriginal communities were further displaced with the introduction of Aboriginal Missions and Reserves in the second half of the nineteenth century. Roads and Railways Transport infrastructure in Queensland in the 1860s was fairly rudimentary. Settlements and pastoral stations were tenuously linked by roads and coach services moved people and mail between them. Elimatta Project

3 Within the MLA areas various internal routes developed which connected Yuleba with Taroom and stations to the west of Bundi with Wandoan. The Yuleba to Taroom road appears to have originally been known as three chain road before it became Ryals Road and now Perretts Road. The advent of the railway was the most important infrastructure development in the vicinity of the Project area. The first railway to be constructed in Queensland was between Ipswich and Bigge s Camp (later named Grandchester) in the early 1860s. The line was quickly extended to Toowoomba and then to Dalby by By 1960 road transport had overtaken rail transport. Rail transport continued to be important until the 1970s by which time the condition of roads had improved to the extent that the passenger service to Wandoan was discontinued. Rail transport of goods, however, continues (Bonhomme, Craib & Associates 2008). Early stock routes typically followed water courses in order to move stock safely between stations and markets, and as such they tended to follow the paths of the Aboriginal people, explorers and early pastoralists, who were also reliant on water (Cook 2008: 36). As the pastoral industry grew, the stock routes tended to converge with main roads and mail routes, with stations providing water and resting places for drovers, or later, water and camping reserves. Two stock routes cross the Rail and Services Corridor. A rail extension to Taroom was eventually considered in the early twentieth century. Incompletion of the extension due to poor returns meant that the road between Taroom and Juandah (Wandoan) became a major conduit to the railhead. In , the Taroom Wandoan Road became the Leichhardt Highway and was declared a State Highway. The Rail and Services Corridor crosses the Leichhardt Highway approximately 12 km north of Wandoan. Nathan Gorge Road, later Nathan Road, became a key local route connecting landholders in the north-east with the railhead at Wandoan. The eastern boundary of the Rail and Services Corridor crosses Nathan Road. Closer Settlement A suite of legislation was passed in the second half of the nineteenth century aimed at breaking up large pastoral holdings to create smaller blocks. These blocks were subsequently made available to new settlers. Broadly speaking, these reforms heralded the transformation from a purely grazing economy to one of mixed grazing and farming combined with closer settlement. Bundi station apparently suffered badly in the drought of and Charles states in a letter to the Land s Department that he was only just recovered from it in At this time he reapplied for a right to occupy probably in response to either the Closer Settlement Act of 1906 or the Prickly Pear Act of 1908 which the State introduced in order to support dairying and in the hopes that selectors would clear land of pear. In reapplying for a lease in the area, Charles requested approximately 83 square miles variously located plus approximately 16 acres around the homestead as a selection. The area again became subject to a number of Land Acts passed between 1910 and 1912 and so by April 1912 the lease had expired and the entire area came up again for selection. The Golden Family Group applied for a number of selections, including two which lie within the study area. At this time cattle was being run on the property as it was not suitable for sheep. All the pastoral leases within the Rail and Services Corridor were affected by this legislation. Approximately 50% of the original Bundi and Rochedale holdings were resumed in this way for closer Elimatta Project

4 settlement. Within the areas traversed by the Rail and Services Corridor, these reforms met with mixed early success, due largely to the rapid and extreme nature of the prickly pear infestation that took hold in the late 1800s and which was only overcome in the 1930s (Fox 1959: 124). The Rail and Services Corridor was also subject to Wandoan Soldier Settlement Schemes in the aftermath of World War II. Settlers were offered perpetual selection, provided they undertook a number of improvements, including fencing boundaries, providing one permanent watering point and building structures (Bonhomme, Craib & Associates 2008: 16). A 1950 survey through the Rochdale holding, possibly completed as part of the resumption process, revealed embankment dams, turkey nest dams, corrugated iron and slab sheds, wire netting fences, sheep troughs, cattle yards, races and dips, meat houses and dwellings (QSA Soldier Settlement Taroom Batch 4 Part 2 ID ). Biogeographical Information The terrain of the Project area has been described as generally undulating. The geology of the area comprises argillaceous sediments of the Great Artesian Basin. The coal resource forms part of the Surat Coal Basin within which the Juandah Coal Measures are being targeted by the current Project. The Juandah Coal Measures are middle Jurassic in age. The majority of the Project area comprises non-remnant grassland which results from the pastoral history of the area and ongoing cattle grazing practices. Other remnant vegetation types represented within the study area include Blue Gum Riparian Woodland, Brigalow Open Forest and White Cypress Pine Woodland. A number of weed species including Prickly Pear (Opuntia tomentose) were also noted. The terrain, water resources, flora and fauna of the area have played an integral role in the historical, social, economic, land use, and development of the region. Horse Creek is the dominant waterway within the MLA areas. This flows south to north through the middle of MLA50254 and through the southeast corner of MLA A number of ephemeral creeks run into this larger waterway which in turn feeds into Juandah Creek which itself flows into the Dawson River. Horse Creek lies on the western side of the Rail and Services Corridor. Mud Creek lies near the middle of the Corridor and Juandah Creek lies on the western side of the Leichhardt Highway. These creeks flow south to north within the Corridor, eventually feeding into Juandah Creek, and subsequently the Dawson River. Register Searches Searches were conducted of the relevant statutory registers associated with national, state and local legislation. Places included on these registers possess an established level of significance. It is important to note, however, that the absence of a place on these registers does not mean it is without heritage significance. Searches of non-statutory registers were also conducted. Places listed on these registers are not afforded legislative protection. MLA Areas The results of the searches are as follows: No sites or places were identified on the National and Commonwealth Heritage Lists or former Register of the National Estate within the MLA areas; Elimatta Project

5 No sites or places (built and/or archaeological) were identified on the Queensland Heritage Register in the MLA area; No sites or places were identified in the heritage registers of the former Murilla Shire Council planning schemes in the MLA areas; No sites or places were identified in the Queensland National Trust heritage register in the study area; No historic mines were identified in the Australian Mines Atlas and Department of Natural Resources and Mines (DNRM) Interactive Resource and Tenure Map in the MLA areas; and No further sites and places were identified by the Wandoan/Juandah Historical Society. Rail and Services Corridor Searches of relevant registers for the Rail and Services Corridor revealed the following: No sites or places within the Rail and Services Corridor are listed on the world or national heritage registers; No sites or places within the Rail and Services Corridor (built and/or archaeological) are listed on the Queensland Heritage Register; No sites or places within the Rail and Services Corridor are listed on the former Taroom Shire heritage register. As of July 2012, no local heritage register has been established for the Western Downs Regional Council area; No places in the Corridor were listed on the former Register of the National Estate (RNE); No sites or places were identified in the Queensland National Trust heritage register in the Rail and Services Corridor; and No historic mines were identified in the Australian Mines Atlas and DNRM s Interactive Resource and Tenure Map in the Corridor. Survey Methodology The survey methodology adopted for this assessment incorporated a vehicle and pedestrian survey across the Project area targeting those sites identified by the desktop review and through discussions with Wandoan/Juandah Historical Society and Stuart Golden. It is estimated that approximately 60% of the Project MLA areas and Rail and Services Corridor were physically accessed on the ground. Other areas were assessed visually from a nearby accessible location and via desktop assessment of aerial imagery. The Queensland Heritage Act 1992 (QHA) was applied in the assessment of all sites. These places are identified in the site location maps (see Figure and Figure 4.189). All assessment data was recorded on field recording sheets and locations of any items or places of historical cultural heritage significance were captured via a hand held GPS receiver, accurate to ± 5 metres using datum GDA 94. This information was then used to create maps identifying the location of sites and features noted during the assessment. Areas of interest were photographed using a digital single-lens Reflex (SLR) camera with 12.1 effective mega-pixels. Elimatta Project

6 Survey Outcomes MLA Areas Eighteen non-indigenous cultural heritage sites were located during the survey of the MLA areas. Of these, four were considered to be of relatively recent origin (sites 9, 11, 12, and 16) with no cultural heritage significance and one lay adjacent to the final MLA areas (site 8). Of the remaining 13 sites assessed, seven were dams, two were homestead complexes, one was a remnant dingo fence, one a water pump, one a remnant length of telegraph line and one was a yard and cattle dip complex. Site details are summarised in Table and their locations shown in Figure Table Cultural Heritage Sites Located During Assessment Site No. Name Location GDA94 Zone 55J Easting Northing 1 Edam Epump Edam Yard & dip Dingo fence Edam Edam Homestead Modern yards Homestead Description Earthen banked dam approximately 50 m by 35 m. Southern cross windmill water pump with open sided shed. Earthen banked dam with approximately 20 m diameter. Yard complex with cattle dip, loading ramp and two races located with an area approximately 100 m by 40 m. Approximately 50 m length of remnant dingo fence with wire netting, 2 strand plain wire and bush poles. Earthen banked dam with approximately 20 m diameter. Earthen banked dam approximately 150 m by 80 m. The complex lies on the east side of Perretts Road within a fenced yard occupying an area approximately 20 m x 30 m on the W side of a wetland area which forms a lake in this area. It comprises a homestead, water tank stands, power line and enclosure fence. Adjacent to study area. Modern iron post and rail fenced holding yard with race, metal crush and loading ramp within area approximately 20 m by 35 m. Complex lies on the south-west side of a steep hill within the station Retreat on the south side of an internal track. The land is gently sloping south to Horse Creek and a dam lies between the homestead and the creek. A relatively recent powerline (c. 1960s) runs away from the property to the north east. The homestead area comprises homestead and large shed. Elimatta Project

7 Site No. Name Location GDA94 Zone 55J Easting Northing 11 Homestead Ryalls shed Edam Edam Homestead 4 "Caenby" & dam Edam Description Site lies at top of hill on the west side of Perretts road within Retreat station. It comprises a lowset brick home with masonite sheet annex on the northwest side and a verandah under the roof overhang on the south east side. There are two associated sheds; a very large one which lies to the south west of the homestead and a smaller one which lies to the north east of the homestead. Relatively modern. High stumped open sided rectangular shed oriented approximately north. Built on the east side of the top of the hill west of Perretts Road. Bush pole framing with timber plank floor and gable profile corrugated iron roof. Collapsed at the southern end. Stumps approximately 1.5 m high. Overall size approximately 51 m by 10 m. Said to be modern. Earthen banked dam with approximately 50 m diameter. Remnant southern cross pump on north side. Squarish earthen banked dam approximately 30 m 2. Known as Old faithful. Lies on the west side of Perretts Road within Currawong station on the northern side of a hill which rises to the south. Horse Creek lies to the east on the east side of Perretts Road. The complex comprises 2 houses, sheds, silos, and a dam. Rectangular modern dam approximately 8 m by 30 m. 17 Edam Earthen banked dam roughly square, 30 m Telegraph line to to Located on the north side of Goldens Rd. Four poles of a remnant telegraph line. Poles comprise bush toles approximately 5 m high with remnant wire and white ceramic insulator approximately 500 mm from top. Poles spaced approximately 40 m apart. Elimatta Project

8 Figure Location of Identified Historical Cultural Heritage Sites MLA Areas Elimatta Project

9 Rail and Services Corridor The survey outcomes of the non-indigenous cultural heritage assessment over the proposed Rail and Services Corridor are provided in Table Six non-indigenous cultural heritage places were identified during the survey. The places comprised three dams, two stock routes and one remnant stock yard. These sites provide evidence of infrastructure supporting the cattle industry. Locations of these cultural heritage sites are provided in Figure Table Non-Indigenous Cultural Heritage Sites Located During Assessment of Rail and Services Corridor Site No. Name Location GDA94 Zone 55J Longitude Latitude ER1 Dam ER2 Dam ER3 Dam ER4 Stock Yard ER5 ER6 Stock Route M423 Stock Route U Description Earthen banked dam which comprises an expanded gilgai. O -void approximately 10 m by 15 m. Lies in close proximity to Rail and Services Corridor. Earthen banked dam with windmill and two water troughs. Approximate diameter of 50 m. Lies in close proximity to Rail and Services Corridor. Earthen banked dam inside a fenced enclosure. Approximately 30 m diameter. Lies within Rail and Services Corridor. Remnant stock yard located within an area approximately 50 m by 50 m. Lies within Rail and Services Corridor. Fenced corridor 200 m wide. Dirt track on eastern side. Heavy regrowth. No material evidence found relating to these stock routes beyond modern signage. Traverses Rail and Services Corridor. Runs parallel with west side of Nathan Road. No material evidence found relating to these stock routes beyond modern signage. Traverses Rail and Services Corridor. Elimatta Project

10 Figure Location of Identified Historical Cultural Heritage Sites Rail and Services Corridor Elimatta Project

11 Indigenous Cultural Heritage Requirements for management of Indigenous cultural heritage are prescribed in the provisions of the Queensland Aboriginal Cultural Heritage Act 2003 (ACHA), which recognises that Aboriginal people own and are the primary guardians of their cultural heritage and that those conducting activities in areas of significance have a duty of care in respect of Aboriginal cultural heritage. The ACHA applies whether or not Native Title exists. The Act also provides for preparation of a CHMP for certain high-level impact activities including activities related to the exploration, development and operation of the Elimatta Project. A registered Aboriginal cultural heritage body as defined by the ACHA, which may be a registered Native Title holder or claimant, must approve the CHMP developed for such activities. Such approval effectively becomes a registered binding agreement between the developer and the Aboriginal cultural heritage body. In October 1997, a claimant application was made by the Iman #2 People for Native Title over an area of land that includes the Elimatta Project. Taroom Coal has a Duty of Care to take all reasonable and practicable measures to ensure that its activities to date, exploration and field investigations related to studies required for the EIS does not harm Aboriginal cultural heritage (s23(1) ACHA). Taroom Coal will be taken to have complied with its duty of care if its activities are carried out: a) Under an approved Cultural Heritage Management Plan (CHMP); b) Under a Native Title agreement (such as an Indigenous land use agreement) which provides for the management of cultural heritage; and c) In compliance with the cultural heritage duty of care guidelines (s23 (3) ACHA). To date, Taroom Coal has conducted its activities on the Project site under (c) above on the basis that the land is cleared land for grazing purposes and sites are carefully inspected prior to any disturbance taking place Potential Impacts and Mitigation Measures Non-Indigenous Cultural Heritage MLA Areas Eighteen non-indigenous cultural heritage sites were located during a survey of the MLA areas. An assessment of their significance identified that, of these sites, 14 were considered to have low local cultural heritage significance (as defined under the QHA). One of these 14 sites is situated outside the final MLA areas, adjacent to MLA As a whole, these sites form a regional cultural landscape representing: The cattle industry; Transport and communication; and Elimatta Project

12 Closer settlement patterns from the 1950s. Through time it is likely that the Elimatta Project will require the complete removal of 13 of these sites. Management of these cultural heritage sites and places will be planned and carried out as a parallel process to the mine expansion development processes. It is concluded that there is moderate potential for further historic places/items to exist within the Elimatta Project area as the nature of field assessment and access constraints did not allow for a comprehensive survey of the entire MLA area. These are likely to be sites relating to pastoral activities, such as holding yards, dams, historic survey trees, and remnant boundary fence lines. It is also likely that an isolated grave is located within the study area. Recommendations to manage project impact on unexpected finds are provided in the following section. The field survey has identified 18 sites of which 14 are considered to be historic cultural heritage sites. Three of these sites (Sites 4, 10 and 15 in Table 4.130), are considered to contain enough cultural heritage value to warrant further recording prior to initial ground disturbance. Rail and Services Corridor The assessment of the corridor area identified six sites of low cultural heritage significance and low archaeological potential, as defined under the QHA. The dams, stock yard, stock routes and terracing are considered to be representative of their type and reflect specific aspects of previous requirements within the cattle and cultivation industries of the region. As a whole, these places form a regional cultural landscape representing: The cattle industry; The mixed cultivation industry; and Transport and communication. Infrastructure developed within the Rail and Services Corridor will occupy a smaller footprint than the overall width of the corridor. Thus, it is likely that several of the identified sites may not be directly impacted by the development. Conversely, the alignment will traverse two of the stock routes identified. Through time it is possible that the development of the Rail and Services Corridor will require the complete removal of these places. A basic recording of these places has been undertaken as part of the Non-Indigenous Cultural Heritage Assessment provided in Appendix AN. In addition, these places are considered to have low local significance. Therefore no additional management of their cultural heritage values is considered to be required. The field survey has identified six places. None of these places are considered to contain enough cultural heritage value to warrant further management prior to initial ground disturbance. Recommendations The following recommendations have been proposed by the Non-Indigenous Cultural Heritage Assessments for the Project: Avoiding disturbance of known sites and places of significance wherever possible; Elimatta Project

13 Implementation of a non-indigenous CHMP across the entire Elimatta Project site to provide information and processes to enable identification and protection of cultural heritage sites; Diligence will be practiced during works conducted within the Elimatta Project area, particularly during any clearing or construction phases associated with initial preparation of the area. This includes: o o o Specifically instructing crews of their obligations to look for and avoid impacting on cultural heritage material until it has been properly assessed; Presentation of familiarisation material for work crews so that they are aware of what constitutes a cultural heritage find; and Provision of educational materials to personnel informing them what archaeological material may look like, and provide clear instructions on what to do should any such material be found. If it becomes apparent that it is not possible through the life of the Project to avoid impact to MLA sites 4, 10 and 15, these sites will be recorded prior to any ground disturbance. At a minimum this recording will include: o o A site sketch with approximate scale and direction; and A basic photographic record of the site. Further research will be undertaken to identify the location of an isolated grave which is thought to be located within the MLA areas. At a minimum this research will take the form of consultation with local knowledge holders. An assessment of the grave site will also be undertaken if and when its location is identified. Non-Indigenous Cultural Heritage Management Plan A Non-Indigenous Historical Heritage Management Plan (HHMP) has been developed for the Elimatta Project and is provided in Appendix AO of the EIS. The HHMP details the non-indigenous cultural heritage values of the Project site and the management strategies that will be implemented to minimise potential impacts on cultural heritage values. As noted above, there is moderate potential for further sites of cultural heritage significance to exist on the Project site. The HHMP details the appropriate procedures for artefact and burials discoveries and the associated reporting procedures. These procedures will allow the significance of any discovered artefacts to be determined and the appropriate actions to be taken to ensure ongoing management and protection. Under s89 of the QHA, there is a requirement to give notice about the discovery of an archaeological artefact and it is an offence to interfere with that discovery. In the event that an artefact is discovered during excavating, construction or operational work, the procedure outlined in Figure should be implemented immediately to ensure compliance with the QHA. Artefacts or other features associated with human remains may also be protected under the QHA. If human remains are found during excavating, construction or operational work, the procedure outlined in Figure should be implemented immediately. Aboriginal remains fall under the jurisdiction of the Indigenous CHMP. Elimatta Project

14 To meet the requirements of s89 of the QHA, any discovery of an item which may be of cultural heritage significance must be reported to the EHP. Project personnel will be made aware of their responsibilities and the correct procedures to implement. Personnel will receive cultural heritage awareness training as part of the Elimatta Project site induction. The training will include the following elements: The provision of mapping showing the existing, located sites of cultural significance, the level of significance of each and the recommended mitigation approach detailed in the HHMP; The name and contact details of the appropriate company employee to contact in the event that an artefact or burial is located on site; The obligation of mine personnel and contractors to look for and avoid impacting on cultural heritage material until it has been properly assessed for significance; The responsibility of mine personnel and contractors to report the finding of any artefact or burial site; and Information relating to the relevant legislation for the protection of artefacts and human remains, specifically the QHA and Criminal Code Act Elimatta Project

15 Stage 1 Cease work All work surrounding the location of the artefact should be stopped immediately. No further disturbance or removal of material should occur. If required, fences can be erected around the site as a buffer. Stage 2 Contact appropriate representative The appropriate company manager should be contacted with information about the nature and location of the finding. Staff should be aware of the correct person to contact in the event that an artefact is found. Stage 3 Seek professional advice Appropriate specialists should be consulted for advice on how to proceed. Stage 3a No action required If the consulted specialist deems the artefact to be of no significance, work may proceed subject to any recording requirements outlined by the specialist. WORK MAY PROCEED Stage 3b Action required If the consulted specialist deems the artefact to be of significance, work may not proceed. Consideration should be made of the scale and nature of the action required. NO WORK CAN PROCEED AT THE LOCATION Stage 4 Report to the Department of Environment and Heritage (DEHP) Under section 89 of the Queensland Heritage Act 1992, anyone who discovers an archaeological artefact must give a notice to the chief executive stating where the thing was discovered, including a description of photographs of the thing. This must be done as soon as practicable after the person discovers the thing. Stage 5 Protect the cultural heritage thing The consulted specialist should be contacted to provide advice on how best to protect the artefact during the investigative study. The artefact must not be interfered with for at least 20 business days unless DEHP has provided permission to do so. Stage 6 Investigation The consulted specialist should conduct an investigation into the significance of the artefact. This should include basic historical research, a review of the existing data, a physical evaluation of the artefact, an assessment of the significance of the site and recommendations for the artefact. Stage 6a Artefact deemed not significant Work may proceed if the specialist deems the site to be of no significance, sufficient documentation has occurred and approval to continue work has been provided by DEHP. No further action is required. Stage 6b Artefact deemed to be of significance but can be collected, moved or recorded A recovery and recording plan should be developed and all necessary work including reporting should be undertaken. Work can proceed on completion of recording and on advice from the DEHP and specialist. Stage 6c Artefact deemed to be significant If the DEHP deems the artefact to be of significance it will be entered into the Queensland Heritage Register. No work can proceed at the location. Proceed to stage 7. Stage 7 Development in Registered Places For a development, or continuation of a development, to occur in a location where an artefact or place has been discovered, and subsequently entered onto the Queensland Heritage Register, the DEHP needs to be contacted regarding the required procedure. Figure Artefact Discovery Procedure Elimatta Project

16 Stage 1 Cease work All work surrounding the location should be stopped immediately. No further disturbance or removal of material should occur. If required, fences can be erected around the site as a buffer. Stage 2 Contact appropriate representative The appropriate company manager should be contacted with information about the nature and location of the finding. Staff should be aware of the correct person to contact in the event that a burial is found. Stage 3 Notify Personnel All personnel and contractors on site should be advised that it is an offense to interfere with human remains under section 236 of the Criminal Code Act Stage 4 Notify police and specialist The Qld Police Service and an appropriate specialist must be notified. Police Officers are then required to establish the area of discovery as a potential crime scene. A decision will made as to whether the remains are of historical European or Aboriginal origin, and whether they are the result of a crime. Stage 4a Crime scene If the Police deem the site to be a crime scene, the area falls under the jurisdiction of the Qld Police Service. The Police maintain authority for the scene at all times. Stage 4b No crime scene but remains are human If the Police deem the site not to be a crime scene, but the material is deemed to be human remains, proceed to stage 5. Stage 4c Remains not human If both the specialist and the Police deem the site not to contain human remains, work may proceed once the Police have given authorisation. Stage 5a Remains are European If the remains are found to be of historical European origin, section 89 of the Queensland Heritage Act 1992 applies and the DEHP must be contacted for advice on how to proceed. Stage 5b Remains are Aboriginal If the remains are found to be of Aboriginal or Torres Strait Islander origin, the Aboriginal Cultural Heritage Act 2003 or Torres Strait Islander Cultural Heritage Act 2003 applies. As this management plan only relates to non-indigenous cultural heritage, refer to the Indigenous Cultural Heritage Management Plan for guidance in this instance. Stage 6 Seek professional advice The consulted specialist should be contacted for advice on how to proceed. Stage 7 Record the finding The location of the finding should be recorded in sufficient detail to ensure its future protection. Any remedial works should be undertaken in consultation with DEHP, the consulted specialist and other specialists as appropriate. Figure Burial Discovery Procedure Elimatta Project

17 Indigenous Cultural Heritage There is currently an active Native Title application over an area of land inclusive of the Elimatta Project site and proposed Rail and Services Corridor by the Iman #2 People. In the case of the Elimatta Project where an EIS has been required in order to obtain the Project s Environmental Authority (EA), an approved Cultural Heritage Management Plan (CHMP) is required. Taroom Coal has an approved CHMP as described in the Aboriginal Cultural Heritage Act 2003 (Qld). A CHMP for the Project was approved by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA) under Part 7 of the Aboriginal Cultural Heritage Act 2003 (Qld) in February Details of the plan are included on the Cultural Heritage Register maintained by the Cultural Heritage Unit of DATSIMA. Elimatta Project