2 2 O C T O B E R 2 0 1 5

TRINIT Y POINT, MORISSET PARK

ADDITIONAL BRIEFING PACKAGE TO PLANNING ASSESSMENT COMMISSION

TRINITY POINT MIXED USE DEVELOPMENT

MODIFICATION FIVE TO MP06_0309

REFERENCE DOCUMENTS

Index 

ADDITIONAL BRIEFING PACKAGE TO PLANNING ASSESSMENT COMMISSION PART A    KEY VISTAS & BUILDING SEPARATIONS 

PART A1    KEY VISTA SITE PLAN 

PART A2    TRINITY POINT DRIVE VISTA 

PART A3    CELESTRIAL DRIVE VISTA 

PART B    ABORIGINAL CULTURAL HERITAGE MANAGEMENT 

PART B6    MEASURES TO CONTROL PUBLIC ACCESS 

PART B7    VIEWING PLATFORMS 

PART C    EUROPEAN HERITAGE AND INTERPRETATION 

REFERENCE DOCUMENTS PART B1    APPROVED CULTURAL HERITAGE MANAGEMENT PLAN AND APPROVED HERITAGE INTERPRETATION POLICY 

PART B2    CONSULTATION LOG & ABORIGINAL ADVISORY COMMITTEE MINUTES 

PART B3    OVERLAY SHOWING APPROX. LOCATIONS OF SALVAGE EXCAVATIONS 

PART B4    ACHAR, AHIP & COMMUNITY COLLECTION 

PART B5   DOCUMENT RELATING TO SCAR TREE AND COMPLAINT 

PART B1 – APPROVED CHMP AND APPROVED HIP

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With Input By Awabakal Descendants Traditional Owner Aboriginal Corporation

Awabakal Traditional Owner Aboriginal Corporation

Bahtabah Local Aboriginal Land Council

Biraban Local Aboriginal Land Council

Cacatua Culture Consultants

Guringai Tribal Link Aboriginal Corporation

Indigenous Learning

Lower Hunter Aboriginal Incorporated

Wonn1 (Kauwul)

Project Coordinators Johnson Property Group

Insite Heritage P/L

B Garland

Development Director

Angela Besant

Director

Our Reference Trinity Point Marina Cultural Heritage Management Plan

Date May 2015

Version V10 Final 29.05.2015

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Biraban Local Aboriginal Land Council

Lower Hunter Aboriginal Incorporated

Wonn1/Kauwul

*Guringai TLAC logo to be added when received.

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Table of Contents

LIST OF FIGURES ............................................................................................................................................... 6

LIST OF TABLES ................................................................................................................................................ 6

LIST OF PLATES................................................................................................................................................. 6

ABBREVIATIONS .............................................................................................................................................. 7

1.0 INTRODUCTION ................................................................................................................................... 8

1.1 PROJECT INFORMATION ............................................................................................................................... 8

1.2 PURPOSE & SCOPE OF THE CHMP ................................................................................................................ 8

1.3 STAGES OF DEVELOPMENT & CONSENT CONDITIONS ........................................................................................ 8

1.4 ACKNOWLEDGEMENTS ................................................................................................................................ 9

2.0 BACKGROUND TO THE CHMP ............................................................................................................ 11

2.1 RECOMMENDATIONS OF THE CULTURAL HERITAGE ASSESSMENT (2008) ............................................................ 11

2.2 OBJECTIVES OF THE CHMP ........................................................................................................................ 11

2.2.1 Cultural Protocols ................................................................................................................................ 12

2.2.2 Periodic Review ................................................................................................................................... 12

2.3 EMPLOYMENT OPPORTUNITIES ................................................................................................................... 12

3.0 ABORIGINAL CULTURAL HERITAGE MANAGEMENT ........................................................................... 13

3.1 KNOWN ABORIGINAL CULTURAL HERITAGE RESOURCE .................................................................................... 13

3.2 ABORIGINAL COMMUNITY CONSULTATION .................................................................................................... 18

3.2.1 Registered Aboriginal Parties .............................................................................................................. 18

3.2.2 JPG Commitment to RAPs ................................................................................................................... 18

3.2.3 Principles of the Relationship between JPG and RAPs ........................................................................ 19

3.2.4 CHMP Consultation Process ................................................................................................................ 19

3.3 ONGOING CONSULTATION ......................................................................................................................... 20

3.3.1 Aboriginal Advisory Committee .......................................................................................................... 20

3.3.2 AAC Meetings.................................................................................................................................. 21

3.3.3 AAC Meetings – Roles and Responsibilities ..................................................................................... 21

3.4 ONGOING RAP ENGAGEMENT .................................................................................................................... 22

3.5 CONFIDENTIALITY & INTELLECTUAL PROPERTY ............................................................................................... 22

4.0 ABORIGINAL CULTURAL HERITAGE MANAGEMENT PROCEDURES ..................................................... 23

4.1 INCIDENT AND COMPLAINT MANAGEMENT ................................................................................................... 23

4.2 SITE INDUCTIONS ..................................................................................................................................... 23

4.3 DISCOVERY OF PREVIOUSLY UNKNOWN OBJECTS ............................................................................................ 23

4.4 DISCOVERY OF POTENTIAL HUMAN REMAINS ................................................................................................ 24

4.5 PROTECTION OF SITES ............................................................................................................................... 24

4.6 AHIP APPLICATIONS ................................................................................................................................. 25

4.7 TOPSOIL ................................................................................................................................................. 25

5.0 ABORIGINAL ARCHAEOLOGICAL SALVAGE PROGRAM ....................................................................... 26

5.1 GENERAL SALVAGE CONTEXT ...................................................................................................................... 26

5.2 EXCAVATION METHODOLOGY ..................................................................................................................... 28

5.3 MANAGEMENT OF ABORIGINAL OBJECTS ...................................................................................................... 28

5.4 SALVAGE REPORTING ................................................................................................................................ 28

6.0 HISTORIC CULTURAL HERITAGE MANAGEMENT ................................................................................ 30

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6.1 INTRODUCTION ........................................................................................................................................ 30

6.2 SITE PROTECTION MEASURES ..................................................................................................................... 30

6.3 FENCING................................................................................................................................................. 32

6.4 INDUCTIONS ............................................................................................................................................ 32

6.5 ARCHIVAL PHOTOGRAPHIC RECORDING ........................................................................................................ 32

6.6 DISCOVERY OF A PREVIOUSLY UNKNOWN OBJECT........................................................................................... 32

6.7 DISCOVERY OF POTENTIAL HUMAN REMAINS ................................................................................................ 33

7.0 REFERENCES ...................................................................................................................................... 35

APPENDIX A THE APPROVED TRINITY POINT CONCEPT PLAN (AS AT DECEMBER, 2014) ................................ 36

APPENDIX B CONDITIONS OF CONSENT DOPI ................................................................................................ 38

APPENDIX C SITE PRINCIPLES – PRINCIPLE 18 (AS AT NOVEMBER, 2014) ....................................................... 39

APPENDIX D - STATEMENTS OF SIGNIFICANCE FROM REGISTERED ABORIGINAL PARTIES ............................. 42

APPENDIX E ARTEFACT IDENTIFICATION SHEET ............................................................................................. 45

APPENDIX F- DRAFT ABORIGINAL CULTURAL HERITAGE INDUCTION ............................................................. 47

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List of Figures Figure 1 Real Property Details Trinity Point Project area .................................................... 10

Figure 2 Location of Archaeological Sites in proximity to the Trinity Point Marina & Mixed

Use Development Precinct .................................................................................................. 17

Figure 3 Salvage Methodology General Areas. ................................................................... 27

Figure 4 General Area for Historic Monitoring and Location of Trees (heights in meters),

adjacent to Council reserve (from Surdevel Tree Survey 2008). ......................................... 31

List of Tables Table 1 Aboriginal Archaeological Sites within the Trinity Point Marina & Mixed Use

Development Area .............................................................................................................. 14

Table 2 Aboriginal Archaeological Sites within the Trinity Point Residential Development

Project Area ........................................................................................................................ 15

Table 3 Aboriginal Archaeological Sites within Lake Macquarie City Council Foreshore

Reserve .............................................................................................................................. 15

List of Plates Plate 1 Trinity Point circa 1946 whilst managed by the Little Sisters of Mary ...................... 34

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Abbreviations

AAC Aboriginal Advisory Committee

CHMP Cultural Heritage Management Plan

ADTOAC Awabakal Descendants Traditional Owners Aboriginal Corporation

ATOAC Awabakal Traditional Owners Aboriginal Corporation

BLALC Bahtabah Local Aboriginal Land Council

BNLALC Biraban Local Aboriginal Land Council

CCC Cacatua Culture Consultants

DEC Department of Environment and Conservation (previously the NSW EPA

and the NPWS)

DECC Department of Environment and Climate Change (previously DEC)

DECCW Department of Environment Climate Change and Water (previously

DECC)

DII Department of Industry and Investment

DoP Department of Planning (now DP&I)

DP&I Department of Planning and Infrastructure

EP&A Act Environmental Planning and Assessment Act 1979

GTLAC Guringai Tribal Link Aboriginal Corporation

HIP Heritage Interpretation Policy

JPG Johnson Property Group

LEP Local Environmental Plan

NPWS National Parks and Wildlife Service

NSWALC New South Wales Aboriginal Land Council

OEH Office of Environment and Heritage (previously DECCW)

PAD Potential Archaeological Deposit

RAP Registered Aboriginal Party

RAPs Registered Aboriginal Parties

TPM Trinity Point Marina

TPM&MU CHMP Final

1.0 Introduction

1.1 Project Information Johnson Property Group received approval (MP 06_0309) under Part 3A of the

Environmental Planning and Assessment Act 1979 for the concept plan for a Marina, tourist

and residential development at Trinity Point, near Morisset, NSW.

The concept approval currently consists of (refer Appendix A):

• 188 berth marina and associated club;

• 150 accommodation units (75 tourist and 75 residential);

• Restaurant, café, function centre, shops and office;

• Parking, landscaping and a boardwalk/pathway;

• Potential viewing platforms

It is noted that over time modifications to the concept approval may be approved and these

can be acknowledged as necessary in periodic reviews of the CHMP a provided for in this

document.

The project is located on Lot 31 DP 1117408, part Lot 32 DP 1117408, part Lot 410

DP1139690 and part Crown Land (Lake Macquarie), Morisset Park NSW (Figure 1). The

CHMP also addresses land held by Lake Macquarie City Council where works associated

with the development including structures, vegetation management and landscaping cross

the Council held foreshore.

1.2 Purpose & Scope of the CHMP Insite Heritage were commissioned by Johnson Property Group (JPG) to prepare a Cultural

Heritage Management Plan (CHMP) to satisfy the relevant Conditions of Consent issued by

the NSW Department of Planning and Infrastructure (DoPI) for the project and the Site

Principles and Statement of Commitments in the approved concept plan.

The intent of this CHMP is to provide guiding policies and principles for the management of

Aboriginal and Historic heritage and cultural values, throughout the entire site and adjacent

public land where subject to works. The CHMP provides the framework for the protection of

cultural values throughout construction and operation of the project.

1.3 Stages of Development & Consent Conditions The development will be staged and each stage requires a Development Application (DA) to

be assessed by Lake Macquarie City Council (LMCC). This document is applicable to the

entire site and will remain relevant without variation to any modifications to the concept

approval and for each progressive stage. An Aboriginal Heritage Impact Permit (AHIP) will

be required from the Office of Environment and Heritage (OEH). These permits can only be

issued on approval of a DA and for the area covered by that DA. Therefore, several AHIPs

over an anticipated period of 6 – 10 years, will be required. This CHMP provides the over

arching framework for the AHIP applications.

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Condition 22 of the DoPI approval (Appendix B) is based upon Principle 18 of the approved

Concept Plan Preferred Project Report (Appendix C) and the Statement of Commitments.

By way of summary, the approval and undertakings require that JPG will;

Aboriginal cultural heritage

• Consult and involve the Aboriginal community ;

• Prepare a CHMP that includes Aboriginal Cultural Heritage for the entire site;

• Prepare an Interpretation Policy that includes Aboriginal Cultural Heritage for the

entire site;

• Undertake defined salvage excavations and areas of earthworks monitoring.

• The management of artefacts retrieved will be managed in consultation with the

Aboriginal community. Care and Control permits will be sought as required;

• Include precautions to ensure recorded sites in the adjoining public foreshore in the

southern part of the site are not impacted by the project.

Historic cultural heritage:

• Retain and protect cultural plantings and items of historic heritage identified on the

site and adjacent public land;

• Prepare an Interpretation Policy that includes historic heritage for the entire site;

• Archival photographic record of remaining historic areas of the site referenced to a

survey plan identifying all the images prior to commencement of any work;

• Monitor certain earthworks in part of the site to record any peripheral infrastructure

associated with former Bailey residence;

• Include precautions to ensure the built heritage items, being the sundial base and the

grotto, located on adjacent foreshore are not impacted by the project;

Stage 1 of the development shall be commenced in 2014, triggering the requirement for an

approved CHMP and Interpretation Policy for the entire site.

1.4 Acknowledgements

This CHMP has been prepared with input from the Registered Aboriginal Parties (RAPs) on

the project and OEH. Johnson Property Group and Insite Heritage thank the Registered

Aboriginal Parties for their participation in this project and for their valuable contribution to

this Aboriginal Cultural Heritage Management Plan which has been enriched by their

willingness to share valuable aspects of their cultural knowledge especially in respect of

Caring for Country.

JPG and Insite Heritage acknowledge the original inhabitants of the area, pay their respect

to Elders – past, present and future - and pay respect to their cultural heritage, beliefs and

continuing relationship with the land.

JPG and Insite Heritage also acknowledge the role of the RAPs in the development of this

document and support their custodial and legislative rights and obligations to manage

Aboriginal cultural sites and landscape features and participate in Caring for Country.

TPM&MU CHMP Final

Figure 1 Real Property Details Trinity Point Project area

NB: It is anticipated that a range of works may need to extend into parts of the adjoining Council

reserve beyond the concept plan site either via proposal or by conditions of consent. This CHMP and

future AHIPS will apply where all works are proposed, relating to the Trinity Point Development.

TPM&MU CHMP Final

2.0 Background to the CHMP

2.1 Recommendations of the Cultural Heritage Assessment (2008) The following is an excerpt from the recommendations of the 2008 Cultural Heritage

Assessment.

An Interpretation Policy, in accordance with guidelines,1 will be developed to enhance the

Cultural Heritage Management Plan. The Policy will provide the framework for interpretation

of cultural and archaeological data. To this end it is of primary importance that the policy is

developed in conjunction with the Aboriginal community. The interpretation of the

archaeological and cultural values of the site has the potential to be presented in a variety of

ways as part of public interpretation of natural and historic site values.

The interpretation of the site should be guided by the Aboriginal community with the data

retrieved from excavation work providing a resource to highlight the cultural interpretation of

the Trinity Point general area.

The opportunities to present interpretation of the cultural and archaeological values of the

site include information panels on the boardwalk/pathway, displays of artifacts within a

secure case in the main marina building, local art incorporated into the public art program,

introduction to local flora resources in landscape plantings and more technical displays of

archaeological techniques in static displays.

A Cultural Heritage Management Plan (CHMP) to ensure active conservation of in-situ

deposits in the foreshore areas within the Tourist development area. The plan will be based

upon continuing consultation with the relevant Aboriginal community representatives.

Conservation of the sites within the foreshore will come under Councils management.

Further mitigation in the form of excavation within the footprint of the development is

considered appropriate given the level of disturbance from past development footprints. This

work will provide additional information for the site interpretation. The location of the

excavation work should be developed in conjunction with the Awabakal community and Land

Council. These excavations can be reasonably limited to two by twenty five square meter

areas, in areas not impacted by site clearing, as consistent with previous work undertaken.

Those recommendations have generally been reiterated in the Site Principles of the concept

plan, the Statement of Commitments and the Conditions of Consent.

2.2 Objectives of the CHMP This Cultural Heritage Management Plan (CHMP) address both Aboriginal and European

Cultural Heritage, with the intention of providing the framework for the in-situ protection of

items of cultural heritage and the mitigation measures for areas that will be unavoidably

impacted by development.

1 Heritage Interpretation Policy Heritage Office 2005

Interpreting Heritage Places and Items Heritage Office 2005

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There is likely to be 4 - 6 stages of development over an anticipated period of 6 - 10 years.

The CHMP has been prepared to address the entire development area and as such will be

applicable to each stage of development.

The Aboriginal Cultural Heritage component of the CHMP has been prepared by Insite

Heritage in consultation with all the projects RAPs and in consultation with OEH/NPWS to

address the rights and obligations of the RAPs to manage their own Cultural Heritage.

2.2.1 Cultural Protocols

Incorporation of Aboriginal cultural protocols into the CHMP was a key outcome of the

consultation process with the Registered Aboriginal Parties. Cultural protocols can be

described as a set of guidelines about the way people work together and communicate,

which reflect traditional customs and lore’s of the Lake Macquarie Aboriginal people

involved. Adoption of cultural protocols when working with Aboriginal people is based on

recognition of and respect for Aboriginal people, their cultures and their heritage and it also

aims to communicate Aboriginal cultural practices to the broader community to promote

respect and understanding.

2.2.2 Periodic Review

This CHMP will be subject to review at the end of year one and then biennially.

2.3 Employment Opportunities

JPG appreciate the importance of employment opportunities being made available to

Aboriginal People. Accordingly, JPG undertake to provide introductions between interested

RAP groups and groups involved in the project as it moves from an approvals phase into

construction and operational phases, including future operators, to identify and explore

potential employment opportunities.

TPM&MU CHMP Final

3.0 Aboriginal Cultural Heritage Management

Statements of cultural significance have been prepared by the Registered Aboriginal Parties

participating in the preparation of this Cultural Heritage Management Plan and these are

included in Appendix D of this report.. The statements of Aboriginal cultural significance

include rights and obligations to Care for Country. Readers of this CHMP should recognise

the cultural heritage values and importance to the Awabakal People of Lake Macquarie

which incorporates the Trinity Point area.

The Trinity Point Marina and Mixed Use Development contains two registered Aboriginal

cultural heritage sites identified as having significant Aboriginal cultural value (Refer Table

1).There are additional sites recorded on land adjacent to the project (Table 2 and Table 3).

Statements of cultural values pertaining to the Trinity Point area, as provided by the RAPs,

are included in the Trinity Point Marina and Mixed Use Heritage Interpretation Policy.

3.1 Known Aboriginal Cultural Heritage Resource The details of known Aboriginal archaeological sites in proximity to the Trinity Point Marina

and Mixed Use development is presented in Tables 1-3 below and their locations shown in

Figure 2.

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Table 1 Aboriginal Archaeological Sites within the Trinity Point Marina & Mixed Use Development Area

AHIMS No. Site Name Site Type Site Description

Predicted Impact

Management

45-7-0228 SJOG 2 Isolated Artefact, Subsurface Artefacts & Shell Fragments

Isolated Artefact & Low density subsurface artefact scatter and shell fragments on Wyong Soil Landscape

To be impacted by Trinity Point Marina & Mixed Use Development (TPM & MU) including works in Council reserve.

Site has been subject to archaeological test excavations Section 87 Permit SZ3509.

An AHIP is recommended to be sought to allow for Grader Scrapes prior to impact of TPM MU development

45-7-0244 SJOG 3

Portions of the broader site located within the TPM & MU development area comprise of subsurface portions of SJOG3 Doyalson Soil Landscape

Potential subsurface artefacts and midden

Subsurface shell deposit and artefacts within the Doyalson Soil Landscape

Partial impacts to subsurface portions of SJOG3 Doyalson Soil Landscape located within the TPM & MU development.

Subsurface testing and salvage works undertaken for the Trinity Point Residential Development under AHIPS SZ3509, #1947 & #2845.

TPM & MU development to impact on a portion of the site. An AHIP to be sought to allow salvage of potential subsurface portions of the site which may be impacted by the development.

TPM&MU CHMP Final

Table 2 Aboriginal Archaeological Sites within the Trinity Point Residential Development Project Area

AHIMS No. Site Name Site Type Site Description

Predicted Impact

Management

45-7-0244 SJOG 3 Subsurface artefacts and midden

Subsurface shell deposit and artefacts within the Doyalson Soil Landscape

The TPM & MU development will not impact on sites located within the Trinity Point Residential Development

The portion of the site located within the Trinity Point Residential Development has been subject to previous archaeological salvage works under AHIPs SZ3509, #1947 & #2845.

45-7-0256 Trinity Point Scarred Tree 2

Scarred Tree Scarred Tree located within the Trinity Point Residential Development

The TPM & MU development will not impact on sites located within the Trinity Point Residential Development

The site will be impacted by the Trinity Point Residential Development and will be subject to an AHIP

Table 3 Aboriginal Archaeological Sites within Lake Macquarie City Council Foreshore Reserve

AHIMS No. Site Name Site Type Site Description

Predicted Impact

Management

45-7-0227 SJOG 1 Midden Shell Midden on foreshore

Will not be impacted by proposed TPM & MU development.

Site to remain in situ in LMCC foreshore reserve

45-7-0228 SJOG 2 Isolated Artefact, Subsurface Artefacts & Shell Fragments

Isolated Artefact & Low density subsurface artefact scatter and shell fragments on Wyong Soil Landscape

Potential partial impacts to site by proposed works in LMCC foreshore reserve.

Site subject to archaeological test excavations Section 87 Permit SZ3509.

Recommended an AHIP is sought prior to impact of TPM & MU development works within LMCC reserve.

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AHIMS No. Site Name Site Type Site Description

Predicted Impact

Management

45-7-0244 SJOG 3 Includes SJOG 4

Subsurface artefacts and midden

Shell midden and subsurface shell deposit and artefacts within the Doyalson Soil Landscape

Potential partial impacts to SJOG 3 by proposed works in LMCC foreshore reserve.

Nil impact to SJOG 4 located within LMCC reserve

AHIP to be sought for any impacts to potential subsurface portion of SJOG 3 within LMCC reserve.

SJOG 4 to be retained in situ in LMCC reserve

45-7-0263 SJOG 6 Shell Shell midden located in LMCC reserve

Nil impact SJOG 6 to be retained in situ in LMCC reserve

45-7-0262 SJOG 7 Grinding Grooves

Grinding grooves located on rock outcrops

Nil impact SJOG 7 to be retained in situ in LMCC reserve

45-7-0257 Trinity Point Ochre

Ochre & Toe Holes

Toe Holes in cliff face to potential ochre outcrop

Nil impact Site to be retained in situ in LMCC reserve

45-7-0258 Trinity Point IF1 Artefact Isolated Artefact Nil impact Site to be retained in situ in LMCC reserve

45-7-0255 Trinity Point GG2

Grinding Groove Grinding groove Nil impact Site to be retained in situ in LMCC reserve

TPM&MU CHMP Final

Figure 2 Location of Archaeological Sites in proximity to the Trinity Point Marina & Mixed Use

Development Precinct

TPM&MU CHMP Final

3.2 Aboriginal Community Consultation

Due to a hold in the progress of the project the consultation process was recommenced in

early 2014. The process conformed to NPW Regulation 80C. The Aboriginal community are

represented by the Registered Aboriginal Parties on the project.

A consultation log is located in Appendix E.

3.2.1 Registered Aboriginal Parties

The project has the following Registered Aboriginal Parties (RAPs) who were involved in the

2008 assessment of the site:

Awabakal Traditional Owners Aboriginal Corporation (Ms Kerrie Brauer)

Awabakal Descendants Traditional Owners Aboriginal Corporation (Mr Shane Frost)

Koompahtoo Local Aboriginal Land Council (over the land component) (Ms Lois Towney)

Bahtabah Local Aboriginal Land Council (over the water component) (Mr Michael Green)

Guringai Tribal Link Aboriginal Corporation (Ms Tracey Howie) and

Wonn1 (Mr Arthur Fletcher).

As a result of the 2014 consultation process the following added their expression of interest

in the project:

Cacatua Cultural Consultants (Mr George Sampson)

The Lower Hunter Aboriginal Incorporated (Mr David Ahoy)

Indigenous Learning (Ms Ashley Hudson)

Kauma Pondee (Jill Green) - Late Registrant

Koompahtoo LALC has been replaced by Biraban LALC (Mr Craig Foreshew). Awabakal

Descendants Traditional Owners Aboriginal Corporation are now represented by Mr Peter

Leven.

3.2.2 JPG Commitment to RAPs

Johnson Property Group recognise and respect the continuing attachment of Aboriginal

people to the Trinity Point area.

Johnson Property Group is committed to working in partnership with the Registered

Aboriginal Parties in a spirit of cooperation, mutual understanding and respect and

compliance with the CHMP. To this end, the following principles are identified to form the

basis of ongoing engagement by Johnson Property Group with the Registered Aboriginal

Parties - reflecting the principles of Ask First – a guide to respecting Indigenous heritage

places and values (Australian Heritage Commission 2002) and the Aboriginal cultural

heritage consultation requirements for proponents (DECCW 2010).

• Aboriginal people, as the first peoples of Australia, have unique cultural relationships

to the lands and waters of Australia.

• Aboriginal people have custodial rights and responsibilities to Country under

traditional lore’s and customs.

• Protection and conservation of Aboriginal cultural heritage is important in maintaining

the cultural identity and wellbeing of Aboriginal people.

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TPM&MU CHMP Final

• Aboriginal people are the primary source of information on the cultural value of their

heritage and how this is best managed.

• Aboriginal people have the right to well-informed participation in the Aboriginal

Cultural Heritage assessment and management process.

• Aboriginal people have the right to a primary role in decision-making in relation to

Aboriginal Cultural Heritage and its management, so they can continue to fulfil their

obligations towards their heritage.

• Aboriginal Cultural Heritage outcomes should consider a continuing role for

Aboriginal people in ‘Caring for Country’.

• Aboriginal people have the right to retain control of their cultural knowledge, including

intellectual property considerations.

3.2.3 Principles of the Relationship between JPG and RAPs

The success of this CHMP is dependent upon building and maintaining a respectful, open,

culturally and project management/timeframe aware, relationship between JPG and the

RAPs for the Project Area. All participating parties will be required to commit to working

together with mutual understanding and respect.

The relationships between participating parties should be based on the following principles:

• Respect for the cultural attachments, responsibilities and obligations the RAPs have

for the Aboriginal Cultural Heritage sites, landscape features and the landscape in

general within the Project Area;

• Commitment to building an active and respectful partnership based on regular and

open communication and consultation, and open dealings between JPG and the

RAPs;

• Commitment by Johnson Property Group to provide the required resources to

implement the CHMP, recognising that RAPs also have other obligations and time

constraints and thus require time to organise their resources; and

• Commitment by the RAPs to participate in the implementation of the CHMP

recognising the requirements to meet project related timeframes and to operate in

accordance with statutory requirements.

3.2.4 CHMP Consultation Process

The following consultation was performed during the development of the CHMP.

1 A meeting was held in August 2014 to update all RAPs on the project status.

2 A draft CHMP was circulated to the 8 RAPs for review and comment (28 day

period).

3 Meetings were held on the 6th and 7th of November 2014 to discuss all comments

received.

4 First AAC meeting held on (5th December 2014), see Section 3.3 below. ACC

discussed CHMP and HIP and the incorporation of comments received into the

final documents, in addition to project updates, long term storage of artefacts,

and other agenda items.

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TPM&MU CHMP Final

The details of the comments received and Johnson Property Groups’ response have been

included in the Aboriginal Cultural Heritage Assessment Report provided to Office of

Environment and Heritage for their consideration in AHIP applications.

The consultation process for the CHMP, complies with OEH Regulation 80C, and aims to

ensure that all RAPs worked together to carefully manage Aboriginal Cultural Heritage in the

context of the Concept Approval.

3.3 Ongoing Consultation

Registered Aboriginal party involvement in all stages of cultural heritage assessment and

management is fundamental to the process, as stated in the ‘Ask First’ guidelines prepared

by the Australian Heritage Commission (2002:6):

In recognising the rights and interests of Indigenous peoples in their heritage, all parties

concerned with identifying, conserving and managing this heritage should acknowledge,

accept and act on the principles that Indigenous people:

• are the primary source of information on the value of their heritage and how this is

best conserved;

• must have an active role in any Indigenous heritage planning process;

• must have input into primary decision-making in relation to Indigenous heritage so

they can continue to fulfil their obligations towards this heritage; and

• must control intellectual property and other information relating specifically to their

heritage, as this may be an integral aspect of its heritage value.

Ongoing consultation with the RAPs will be undertaken until the end stage of development.

The Interpretation Policy (a separate document) requires ongoing consultation with the

RAPs as representatives of the Aboriginal community for input into the interpretation of

cultural salvage results and the selection of cultural information for presentation to the

general public.

The consultation will continue until the final stages of the development which is likely to be in

several years time.

The RAPs have been invited to form an Aboriginal Advisory Committee (AAC) to meet at

four monthly intervals. Additional meetings may be called as required when additional

information is available for ongoing project development.

3.3.1 Aboriginal Advisory Committee

The Aboriginal Advisory Committee (AAC) will oversee the implementation of the CHMP in

order to ensure that:

• Johnson Property Group can facilitate ongoing, transparent consultation with the

RAPs.

• To ensure that RAPs are always involved in decision making processes regarding

Aboriginal heritage.

• To provide RAPs the opportunity to assess if Johnson Property Group are managing

Aboriginal cultural sites and values in a manner that is consistent with the CHMP and

the Project.

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• The AAC will be made up of one representative of each of the registered Aboriginal

parties.

• The AAC will participate in the development of the Interpretation Policy and

Implementation planning for the site.

3.3.2 AAC Meetings

The aim of the AAC meetings are:

1 To inform the RAPs of progress of the projects development.

2 Review the development of the project since the previous meeting.

3 Discuss the results of any salvage works undertaken in previous months.

4 Discuss the cultural heritage component of inductions.

5 Update the AAC on the progress of any AHIP applications.

6 Discuss the development of cultural interpretation content for use in the project.

7 Incorporation of cultural information and appropriate content for presentation to the

public.

8 Discuss and endorse cultural protocols as relevant to the CHMP process.

9 Discuss any non-compliance issues.

10 Discuss any other issues raised by AAC members.

3.3.3 AAC Meetings – Roles and Responsibilities

The following roles and responsibilities were developed with the RAPs and provide an

outline of expectations for all parties.

1 JPG will undertake to provide a minimum of two weeks notice for meetings

(extra-ordinary meetings may have less notice dependant on urgency).

2 All RAPs will be invited to join / attend the AAC meetings.

3 AAC members are responsible for disseminating information to the broader

Aboriginal community via the group they represent.

4 One representative of each RAP will be invited to attend.

5 If the RAP cannot attend they may nominate a proxy.

6 Each RAP has the right to one vote on issues that require a motion being

passed.

7 Meeting minutes will be provided within 28 days of the AAC meeting. Minutes

will include notes from the AAC meeting and will provide a response to any

matters raised at the meeting.

8 Should any item discussed at an AAC meeting require feedback from RAPs,

JPG will provide adequate time for review (maximum 28 days).

A ‘Welcome to Country’ is traditionally a speech made in this instance by an Awabakal

and/or Guringai Traditional Owner to welcome visitors to their Traditional Lands. It is usually

carried out at meetings and events and has more recently been undertaken prior to

Aboriginal cultural and archaeological surveys.

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For the Trinity Point Project Area, all meetings and key events associated with the Aboriginal

Cultural Heritage management process should begin with opportunity for an Awabakal

and/or Guringai Traditional Owner to provide a Welcome to Country. To achieve this, steps

should be taken to ensure that an appropriate Aboriginal representative is invited to

undertake the ceremony before the meeting or event begins, and that they are comfortable

with the arrangements.

3.4 Ongoing RAP Engagement

JPG will provide clear Terms of Engagement for the ongoing participation of RAPs in

ongoing work.

JPG are committed to providing the following workplace conditions:

• Safe, injury free and fatality free workplace that enhances the wellbeing of

employees, contractors and communities;

• Fair treatment and equality;

• Commitment to addressing any form of workplace discrimination, bullying,

harassment or physical assault.

3.5 Confidentiality & Intellectual Property The RAPs and JPG agree to use reasonable efforts to protect each Party’s Confidential

Information from unauthorised disclosure, use, dissemination, or publication.

The following information is confidential:

• Any commercial information regarding the Johnson Property Group Project;

• Any information that is provided by a party to another party that is not available on

the public record and that is identified as being ‘confidential’ of/for ‘non-disclosure’;

and

• Any material identified as sacred knowledge;

Other than in accordance with the written agreement of JPG and the RAPs, no Confidential

Information will be provided to any persons for any purpose other than:

• To enable the carrying out of the Project; or

• As required by law; or

• As agreed in writing by all parties.

In the event that JPG and the RAPs co-develop any materials, then such materials shall be

jointly owned and each party shall be able to use such materials while referencing the other.

The exclusion to this will be any information developed in relation to culturally sensitive

material which may be identified by a RAP for ‘non-disclosure’ and the party retain copyright.

All cultural intellectual property rights are protected under law.

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4.0 Aboriginal Cultural Heritage Management Procedures The CHMP is the tool for the management of cultural heritage during the construction and

operation of Trinity Point Marina and Mixed Use Development.

The construction of the development will be required to comply with environmental protection

procedures instigated by conditions of approval and State standards and requirements. The

following principles can be integrated into broader environmental management systems for

the site.

4.1 Incident and Complaint Management

All incidents impacting or potentially impacting on the Aboriginal cultural heritage values of

the Trinity Point site outside the terms of an AHIP will be reported to the project manager.

An internal incident report shall be prepared. The RAPs shall be informed of the incident

and the actions taken where required.

Incidents will be reported to the Office of Environment and Heritage as per legislative

requirements, for example, if a site is impacted outside of a current AHIP boundary.

4.2 Site Inductions

The induction of site workers and sub-contractors shall include a brief of the Aboriginal

cultural heritage values of the site and a procedure for identifying previously unknown

objects. An example of Aboriginal Cultural Heritage Awareness for inductions is located in

Appendices G and F. This component of the induction will be developed in detail with the

RAPs and may include images of artefacts from the Trinity Point site.

The format of cultural heritage inductions will be formulated to meet site requirements, that

is, an in-depth induction for OH&S management of sub-contractors, a package for those

managers to incorporate into their own worker inductions and a brief visitor style induction

for short term site activities.

4.3 Discovery of Previously Unknown Objects

Previously unknown objects, specifically stone artefacts and midden material, are likely to

occur within the boundaries of the AHIMS sites and are essentially elements of the AHIMS

sites the boundaries of which have been determined on a landscape unit basis. 45-7-0228

includes all artefacts and midden material in the Wyee soil landscape within the project

boundary and 45-7-0244 includes all artefact and midden material within the Doyalson soil

landscape within the project boundary. Artefacts and midden material found during salvage

will be subject to the salvage mitigation measures outlined in this CHMP.

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Upon discovery of a previously unknown object, of a type not included in the site recording

(Table 3.1) the object will be managed in accordance with the conditions of the relevant

Aboriginal Heritage Impact Permit.

4.4 Discovery of Potential Human Remains

The following procedure is to be followed if possible human remains are uncovered:

• In the event that any potential human skeletal remains are uncovered

during works, all work in the immediate area of the remains will stop

immediately. The incident will be immediately reported to Site Manager

and the NSW Police.

• If the remains are thought likely to be of Aboriginal origin the RAPs will be

immediately notified.

• Human skeletal remains can be subject to three different acts: Coroner’s

Act 1980, the National Parks & Wildlife Act 1974 and the Heritage Act

1977. The appropriate Act and therefore management of the site will be

determined by the NSW Police and OEH.

• Work will not proceed in the immediate area until clearance is provided

by the relevant authority.

The procedure undertaken will be documented in an incident report. The report will be made

available to OEH / NSW Police on request.

4.5 Protection of Sites The sites that will remain in-situ are located on foreshore land managed by Lake Macquarie

City Council (LMCC). These sites are generally located at the southern end of the entire

project area and generally clear of project works. At the northern end of the project, land

owned by LMCC is partially included within the project boundary. These portions of land are

required to provide connection between the Marina and the land based development. In

addition the northern foreshore area will be impacted by a public pathway/boardwalk and

landscaping (vegetation management, planting and landscape structures) to enhance the

lake foreshore. These Council owned portions of land will be included in the relevant AHIP

for the corresponding stages of the project.

Isolation of the construction area shall control ingress and egress to prevent any inadvertent

access to foreshore land that contains recorded in-situ sites and potential impact on those

sites. The boundary of each (or concurrent stages) construction area, will be fenced,

including any access routes, laydown areas and compounds.

Where specific cultural sites have been fenced the fencing will carry signage stating:

“Cultural Heritage Site – Do Not Enter

Contact - (Project manager details)”

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4.6 AHIP Applications Aboriginal Heritage Impact Permits shall be prepared for each Stage with an area defined by

the relevant DA. Each DA will include the relevant footprint of development and associated

compounds and park up areas as required. The first AHIP application will be submitted

supported by the approved CHMP which addresses the entire site. Subsequent AHIP

applications will refer to the CHMP and include more detail relevant to the specific stage.

Each AHIP application will be generally consistent with the CHMP and the Interpretation

Policy for the entire site.

4.7 Topsoil

At the request of the RAPs topsoil will be retained on-site as far as practicable. The soil will

be re-used on site for landscaping purposes.

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5.0 Aboriginal Archaeological Salvage Program The 2008 Aboriginal and European Cultural Heritage Assessment for the Trinity Point Marina

and Mixed Use Development outlined the archaeological potential of the project site, and the

salvage / mitigation measures that were developed with the Aboriginal representatives, OEH

and the NSW Heritage Office at the time.

The planning of the salvage / mitigation measures was undertaken to result in a landscape

analysis of the Trinity Point area. Therefore the methodology has been designed to be

comparable with data from the Trinity Point Residential development adjacent to the Marina

development.

The archaeological resource of the Trinity Point Marina and Mixed Use development site is

generally understood. Results from the Aboriginal archaeological test excavations

undertaken in 2002 and historical salvage excavations undertaken in 2006 have provided

sufficient information to inform the development of a targeted salvage programme, as

accepted and conditioned in the Concept Approval (being 2 x 25m² areas).

Those further salvage works within the TPM MU development is designed to add additional

detail to the existing body of knowledge that has been recovered from previous

archaeological salvage and testing works undertaken at the Trinity Point site over the past

decade (Insite Heritage 2011, Insite Heritage 2007, Besant and Richardson 2002).

5.1 General Salvage Context The testing of the site found that two distinct soil landscapes had conserved open artefact

scatters in two different contexts.

Context 1 (northern end of site) – the Wyee Soil Landscape.

This area comprises redeposited sands and the water table is located at 400mm under the

surface. Test excavation in this area found low density scatter (2.8 artefacts per square

metre), of which almost 50% were water worn (6 of 14 artefacts). The artefact scatters in

this area are not in-situ (or at least partially not in-situ).

This northern area will have monitoring of earthworks. To comply with contemporary OH& S

standards grader scrapes will be used in-lieu of monitoring. Grader scrapes allow for a more

controlled removal / inspection of topsoil process.

Context 2 - the Doyalson Soil Landscape

Later stages, on the mid and southern portions of the site provide limited potential for areas

of minimal disturbance. This residual soil landscape has the potential for lenses of midden

deposit and artefact scatters to remain in-situ. The areas are limited by disturbance from

previous construction. Figure 3 shows a general plan with the northern redeposited sands

area marked for grader scrapes, the footprint of previous development in faint line and

arrows pointing to two areas of potential salvage by excavation. There is a small area

proposed for open space at the southern end of the development (Bluff Point) which has the

potential to be left in-situ, subject to detailing of pedestrian works in that location

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Figure 3 Salvage Methodology General Areas.

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5.2 Excavation methodology

The methodology involves the following:

Selection of two areas within the development that have not been subject to previous

disturbance (Figure 3).

Excavation of test pits to identify areas of artefact distribution.

Excavate in 50mm spits to identify stratigraphy in the first test probe.

Spoil to be processed in 5mm aperture sieves.

Expansion of the selected areas to 25 square metres – hand excavation. Excavate in 50mm

quadrates.

Spoil will be sieved in 3mm aperture sieves at the probe expansion stage.

A total of three, 25 square metre, open excavations have been carried out in the adjacent

Trinity Point residential development. The purpose of the two additional 25 square metre

open areas, as approved under MP06_0309, in the Trinity Point Marina and Mixed Use

development area is to provide an equivalent sample of eastern end of the landscape to

provide basis for analysis across the Trinity Point area. This information will then be utilised

in the interpretation of the site and public presentation of that information developed in

consultation with the Aboriginal community.

The excavation is limited to 50 square metres, as approved under MP06_0309, as the site

has been disturbed by previous construction and the potential area for salvage is limited.

5.3 Management of Aboriginal Objects

A preliminary recording of objects retrieved by excavation will be undertaken in the field.

Artefacts will be bagged and identified by probe / excavation unit, spit, project name, date

and excavator.

Artefacts may then be removed to the offices of Insite Heritage for secure storage and

detailed recording.

Discussions with the AAC have indicated that the preferred option for long term keeping of

the salvaged objects from the entire Trinity Point area (including the residential

development) will be reburial in a selected area in the south eastern portion of the Marina

and Mixed Use Development area.

5.4 Salvage Reporting A report detailing the methodology and results of the salvage of Aboriginal artefacts on the

Marina and Mixed Use development site shall be produced. The report will include the

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analysis of the Trinity Point Residential development and provide a landscape analysis of the

Trinity Point site which will also incorporate the results of previous assessments.

Artefacts will be recorded in accordance with the AHIMS Feature Recording Form and

Feature Recording Table – Artefact. Analysis will be undertaken to determine at a minimum,

the degree of disturbance to the site, the use of raw materials, the prevalence of implements,

their types and possible use. The comparative distribution and densities of the various

attributes, across the sampled areas will be expanded to include the Trinity Point residential

development.

Midden material will be recorded in accordance with the DECCW Code of Practice

Requirement 24. The analysis will include the record of the full range of shells to species

level, the rank and order of abundance by numbers and weight. Sections will be drawn and

photographed as will any features such as pits or hearths.

The report will be finalised within twelve months of completion of the excavation works and

submitted to AHIMS and Lake Macquarie Local Studies Library. The final excavation report

will also be provided to the RAPs for the project.

The results of the analysis of the archaeological works will be incorporated into a public

display in accordance with the Interpretation Policy.

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6.0 Historic Cultural Heritage Management

6.1 Introduction The CHMP also provides for the protection of heritage items and cultural plantings within the

development area and on the adjacent Council foreshore reserve.

The CHMP requires to:

1. Retain and conserve significant built heritage items, being the sundial and the grotto

located in the adjoining LMCC foreshore lands.

2. These built heritage items to be retained are to be adequately protected during the

works from potential damage. Protection systems must ensure that historic fabric is

not damaged or removed.

3. Retain cultural landscape plantings including figs, palms and a Norfolk Island Pine

located near Bluff Point.

4. An archival photographic record of the remaining historic areas of the site, including

items located in the Council reserve, in accordance with the NSW Heritage Council

Guidelines for Photographic Archival recording in a Digital Capture Format prior to

the commencement of any work on that part of the site. The recording shall be

referenced to a survey plan identifying the locations of all the images. A copy of the

recording shall be lodged with the OEH Heritage Branch Heritage Library and the

local studies Collection of the Lake Macquarie City Library.

5. Historical archaeological monitoring of particular earthworks to occur in the southern

part of the site in the general area of the former Bailey residence (Figure 4). Relevant

permits to allow for monitoring will be required to be sought from the Heritage Branch

of OEH prior to commencement of construction works within this area. Monitoring

works will be undertaken by a suitably qualified archaeologist in accordance with

Heritage Branch guidelines. A monitoring report will be compiled and provided to

JPG, OEH Heritage Branch Heritage Library and the local studies Collection of the

Lake Macquarie City Library on completion of monitoring works.

6.2 Site Protection Measures Items of historical cultural value at Trinity Point are generally located outside and adjacent to

the construction area. These items include:

1. The sundial associated with the Bailey occupation period. Located on the top of

the Bluff within Council land.

2. The Grotto associated with the Little Sisters of Mary period (although may pre-

date this period). Located on the lower face of the Bluff within Council land.

3. Historic plantings that comprise Norfolk Island Pines, palms and fig trees located

at the southern end of Lot 31 and 32 DP 1117408.

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Figure 4 General Area for Historic Monitoring and Location of Trees (heights in meters), adjacent to

Council reserve (from Surdevel Tree Survey 2008).

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6.3 Fencing The historic planting will be protected by fencing to exclude any construction activities that

may impact the tree. The fencing will occur when works is proposed within 100m of the

historic plantings.

The fencing shall include a “Do Not Enter – Exclusion Zone. Contact Project Manager

(contact details).

Fencing of the historic plantings will be located with sufficient distance to the tree to ensure

that no harm is caused to the tree by the fencing. The fencing will be placed beyond the

dripline to prevent potential root damage or as identified by a suitably qualified person. The

physical condition of the historic trees should be monitored during construction by an

appropriately qualified person.

The protection of the historic sites, within the Council foreshore land, will be ensured by

fencing of the development area. This will ensure that there is no access to the foreshore

area from the area of works. The access restrictions will also be included in the induction

process.

6.4 Inductions Inductions form part of the safety requirements for construction employees and sub-

contractors as per the Work Health and Safety Act 2011 and the Work Health and Safety

Regulation 2011.

Incorporated into the site induction will be the requirement to ensure the protection of

Cultural Heritage Values and the means by which, including exclusion zones, that will be

ensured. The induction shall also include information regarding the historical values of the

site, the identification of protected areas / historic trees / objects and the process for

identification of previously unknown historic material.

6.5 Archival Photographic Recording A survey plan of the location of the remaining historical features within the development and

Council reserve detailing the locations from which photographic recordings are taken will be

produced. Digital photographic recording will be undertaken in accordance with NSW

Heritage Council Guidelines will be undertaken prior to the commencement of any works.

6.6 Discovery of a Previously Unknown Object. Section 146 of the Heritage Act, 1977 requires that the discovery of a previously unknown

relic be reported to the Heritage Council within a reasonable time of its discovery. As such,

staff involved in the planning and development of the proposed works will be made aware of:

• The location and nature of known items of heritage significance.

• Measures to avoid impact on known items.

• The potential for the existence of previously unknown heritage items.

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• The nature of such items.

• Protection afforded these items by the Heritage Act, 1977.

Appropriate action if any items of potential heritage value are located will include the

assessment of potential significance by an archaeologist as required.

6.7 Discovery of Potential Human Remains As per Section 4.4 the identification of human remains and the determination of the

appropriate course of action, requires specialist intervention.

The following procedure is to be followed if possible human remains are

uncovered:

• In the event that any potential human skeletal remains are uncovered

during works, all work in the immediate area of the remains will stop

immediately. The incident will be immediately reported to Site Manager

and the NSW Police.

• Human skeletal remains can be subject to three different acts: Coroner’s

Act 1980, the National Parks & Wildlife Act 1974 and the Heritage Act

1977. The appropriate Act and therefore management of the site will be

determined by the NSW Police and OEH.

• Work will not proceed in the immediate area until clearance is provided

by the relevant authority.

The procedure undertaken will be documented in an incident report. The report will be made

available to OEH / NSW Police on request.

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Plate 1 Trinity Point circa 1946 whilst managed by the Little Sisters of Mary

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7.0 References

Besant A. & Richardson N. 2001 St John of God School Site – Archaeology

Assessment. Unpublished report to Harper Somers Pty Ltd.

Besant. A & Richardson N. 2002 Excavation results for the St John of God Site

Morisset Peninsula. Report to Harper Somers Pty Ltd.

Insite Heritage 2007 Archaeological Investigation Former St John of God

Site Morisset Park. Unpublished report to Johnson Property

Group Pty Ltd.

Insite Heritage 2007 Trinity Point. The Former Site of St John of God Site

Morisset Peninsula NSW. Archaeological Management Plan.

Section 90 Heritage Impact Application. Unpublished report to

DEC.

Insite Heritage 2011 Trinity Point Residential Development Excavation

Report. Unpublished report to Johnson Property Group Pty

Ltd.

TPM&MU CHMP Final

Appendix A The Approved Trinity Point Concept Plan (as at

December, 2014)

Note: Any approved modifications to the Approved

Concept Plan Should be included within the CHMP as and

when relevant.

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Appendix B Conditions of Consent DoPI

Condition 22 of the Approval requires the preparation of an Aboriginal Cultural Heritage

Management Plan (ACHMP) and Interpretation Policy for the entire site and approved as

part of the first stage of the development. The Interpretation Policy shall be developed in

conjunction with the aboriginal community and be based on the historical data, cultural

knowledge and archaeological evidence specific to Trinity Point. The interpretation Policy

shall provide a framework for interpretation of Aboriginal values and heritage of the site to

the public, inclusions into site interpretation and development details.

Future applications must demonstrate that the following requirements regarding aboriginal

heritage have been satisfied for each relevant stage of the development:

1. Retain and conserve built heritage items including the sundial and grotto adjoining

the foreshore lands.

2. Significant built heritage items that are to be retained are to be adequate protected

during the works from potential damage. Protection systems must ensure that

historic fabric is not damaged or removed.

3. Retain cultural landscape plantings including figs, palms and Norfolk Island Palms

located near Bluff Point.

4. An archival photographic record of the historic areas of the site in accordance with

the NSW Heritage Council Guidelines for Photographic Archival recording in a Digital

Capture Format prior to the commencement of any work on the site. The recording

shall be referenced to a survey plan identifying the locations of all the images. A

copy of the recording shall be lodged with the Department of Planning’s Heritage

Library and the Local Studies Collection of the Lake Macquarie Library.

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Appendix C Site Principles – Principle 18 (as at November, 2014)

Note: Any approved modifications to the Approved Concept

Plan and associated Principles should be included within the

CHMP as and when relevant.

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Appendix D - Statements of Significance from Registered

Aboriginal Parties

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Statement of Cultural Significance of the area to the Awabakal and Guringai

Traditional Owners

The Trinity Point Region is an iconic landmark that features prominently within its surrounding

landscape. This regions mythology, mystery and organic presence that are quite simply, uniquely

Awabakal and Guringai still to this day has an undeniable amount of fascination and attention

regarding its cultural value and purpose.

The Awabakal and Guringai Traditional Owners have a personalised and ever-revitalised bond with

our ancestors’ culture, tradition & heritage. This inexplicable connection is reverberated within the

surrounding landscape of the region.

Additionally, we appreciate our unique role and responsibility for the care and protection of the

integrity of this landscape, for and on behalf of its original First Peoples and their descendants.

We would like to take this opportunity to assert our focus on the critical flow of intergenerational

equity and aim to ultimately safeguard the immeasurable life-changing impact to this and future

generations. Intergenerational equity lays the foundation for identifying, assessing, protecting and

maintaining the important cultural and heritage values of landscapes, resources, places, objects,

customs and traditions so that we, and generations to come, can enjoy, learn from them, and

appropriately manage these values.

The Region is organically and historically imbedded into the Awabakal and Guringai landscape

and is romanticised, photographed, talked about, visited, fought over, and all the time having its

substructure relentlessly undermined for its natural resources. And yet, this landscape still hums a

very distinctive ‘human story’ that still reverberates today.

We believe that the principles of the Awabakal and Guringai tradition and culture still exist today

to keep intact the moral and spiritual fibre of this land. Equally, we also believe it is essential to

nurture new visions that are inspired by the cultural integrity of our ancestral family and we are

encouraged that so many people in this town are focused on gaining an ever growing respect and

understanding for the Awabakal Peoples, this land and environment.

This land has had a wealth of knowledge walk over it, with each one of us deepening the footprints of

our ancestral family, the Awabakal and Guringai People (Awabakal Traditional Owners Aboriginal

Corporation, Awabakal Descendants Traditional Owners Aboriginal Corporation & Guringai Tribal

Link Aboriginal Corporation March 2014) © 2014 .

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Statement of Cultural Significance Lower Hunter Aboriginal Incorporation

The area was mostly dominated by the Kurungbong clan who ruled the region from Toronto

to Wyee.

There were stories elders have passed down about the Kurungbong clan and the many

fierce battles with Inland clans coming down the Sugarloaf ranges competing for access to

the lake for food and stealing many of the Kurungbong clan’s women.

The area is culturally significant to the Aboriginal descendants of the Kurungbong tribe and

they wish to recover as much cultural heritage history as possible for future generations.

The area is rich in Aboriginal culture with many sacred sites including ceremonial sites, and

areas near the Lake were a great food source and many camps were around there as well.

I David Ahoy have lived in Newcastle most of my life, always identified as Aboriginal and has

been trained in Aboriginal culture past down from Awabakal elders from a young age.

I David Ahoy is a direct descendant from the Pambalong tribe but we are all different clans

made up as one known as the Awabakal people from Newcastle to Lake Macquarie. I have

always identified as Aboriginal and has been trained in Aboriginal culture past down from

Awabakal elders from a young age.

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Appendix E Artefact Identification Sheet

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Artefact Identification Sheet An example of an artefact identification sheet for inductions (images courtesy ANU Lithics

Master class 2014). To be updated with artefacts from the Trinity Point project.

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Appendix F- Draft Aboriginal Cultural Heritage Induction

Aboriginal Cultural Heritage Induction

(Draft)

Trinity Point Marina and Mixed Development

The Trinity Point Project is located within the traditional country of the Awabakal People and

shared with the Guringai People located to the south. Over 500 known Aboriginal sites are

located within the Lake Macquarie Local Government Area. These sites include burials, shell

middens, artefact scatters and isolated artefacts, rock shelters, art sites (paintings and

engravings), modified trees, hearths, stone arrangements, and grinding grooves. Example

images of some of these types of sites are provided below. The Trinity Point site is also

located on land that was owned by Bert Bailey, a well known Australian film maker.

Cultural Values

The following statements have been provided by the ATOAC.

The Awabakal and Guringai is one of the 600 or more language groups or ‘nations’ that

existed across Australia at the time of European contact and are part of the oldest and

continuous living culture in human history. The Awabakal and Guringai presence within the

Trinity Point area extends from the present day back many thousands of years and is

reflected in both tangible and intangible aspects of Aboriginal culture and history. Past

survey and assessment in the Johnson Property Project Area has identified Aboriginal

Cultural Heritage Sites (the tangible evidence of occupation) and landscape features of

cultural value embedded within a landscape that provided physical and spiritual sustenance

(often intangible aspects) to the Awabakal and Guringai and those Aboriginal People they

invited into their Country.

The Awabakal and Guringai people also have a continuing, contemporary history of trying to

protect and preserve the Trinity Point area. They maintain concerns over Development

licences being approved in the area and the adverse impacts this has on their cultural values

and landscape features and footprints of their ancestors which are being impacted through

cumulative and overlapping development activity and unmonitored and unmanaged human

recreational activity.

As indicated by the statements provided by the registered Aboriginal parties in the Appendix

C of the Heritage Interpretation Policy, the mental, physical and spiritual wellbeing of the

Awabakal and Guringai People and those Aboriginal Peoples that feel a connection to this

landscape is a contemporary phenomenon and not just ‘a thing of the past’.

The Trinity Point Marina and Mixed Use Project Area contains 2 registered Aboriginal

cultural heritage sites identified as having significant Aboriginal cultural value. Additional

registered Aboriginal sites are located on the land adjacent to the project area. Collectively

these sites, and others located around Lake Macquarie, are of high cultural significance to

contemporary Awabakal and Guringai people.

Shell Middens

Shellfish were harvested for consumption of their meat and then discarded. Middens may

represent a single event as people moved across the landscape or may be the accumulation

of seasonal feasting events overtime.

Shell Midden horizontal exposure at Pelican

Midden in excavation Trinity Point