CITYLINK TULLA WIDENINGcitylinktullawidening.vic.gov.au/__data/assets/pdf_file/0013/40801/... ·...

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Dr. Vincent Clark & Associates Pty Ltd PO Box 266, Coburg, Victoria 3058 [email protected] Unit 11 / 240 Sydney Road, Coburg, VIC 3058 207 Ashbourne Rd, Woodend, VIC 3442 www.vincentclark.com.au Phone (03) 9386 4770 Fax (03) 9386 4220 CITYLINK TULLA WIDENING TULLA-CALDER INTERCHANGE TO MORELAND ROAD Archaeological and Cultural Heritage Desktop Assessment Due Diligence Report CONFIDENTIAL Cultural Heritage Advisor: Dr Vincent Clark Author: Helen Kiddell Date: April 2015

Transcript of CITYLINK TULLA WIDENINGcitylinktullawidening.vic.gov.au/__data/assets/pdf_file/0013/40801/... ·...

Dr. Vincent Clark & Associates Pty Ltd

PO Box 266, Coburg, Victoria 3058

[email protected]

Unit 11 / 240 Sydney Road, Coburg, VIC 3058

207 Ashbourne Rd, Woodend, VIC 3442 www.vincentclark.com.au Phone (03) 9386 4770 – Fax (03) 9386 4220

CITYLINK TULLA WIDENING TULLA-CALDER INTERCHANGE TO MORELAND ROAD

Archaeological and Cultural Heritage

Desktop Assessment Due Diligence Report

CONFIDENTIAL

Cultural Heritage Advisor: Dr Vincent Clark

Author: Helen Kiddell

Date: April 2015

CityLink Tulla Widening, TCI to Moreland Road Cultural Heritage Desktop Due Diligence

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Executive Summary In March 2014, Dr Vincent Clark & Associates Pty. Ltd. (Cultural Heritage Advisors) was contracted by AECOM to undertake a cultural heritage desktop assessment due diligence for the CityLink Tulla Widening (CTW) project. The CTW study area for this project is the CityLink/Tullamarine Freeway corridor from the Moreland Road exit ramp in the south, to the Tulla-Calder Interchange (TCI) in the north.

1. A mandatory CHMP is not required for this activity.

2. Whilst a CHMP is not mandatory for this activity, sections 27 and 28 of the Act make it unlawful to harm Aboriginal cultural heritage. If during the works for the activity the client or the client’s agent or contractor identifies Aboriginal cultural heritage, or has reason to believe that it may be present, work must cease immediately at that location; the appropriate parties must be notified and the provisions set out in the Contingencies (Appendix 1) must be implemented.

3. This report does not take into consideration any works beyond the scope provided in the design plans. Should any appointed contractor propose to establish a site hut/lay-down area beyond the CityLink leasehold, or undertake any ground disturbing works in relation to the project beyond those described, they will be required to seek their own cultural heritage advice as to whether a CHMP or any other permit is required.

4. In the unlikely event that a historic site is identified during works, Heritage Victoria must be

This report is an assessment of possible cultural heritage issues that may arise from the works and provides recommendations for actions to be taken to meet the requirements of the Aboriginal Heritage Act (2006) and the Heritage Act (1995). The Victorian Aboriginal Heritage Register VAHR was accessed to obtain information about nearby sites and places on the 14 March 2014. There are no recorded sites within the study area relating to either indigenous or post-contact use of the site. However, there is one Aboriginal place within 50m of the study area: VAHR 7822-3311 ‘9 McColl Court Brunswick West,’ which consists of three flakes of fine-grained grey silcrete found in a disturbed context. The Tullamarine Freeway was constructed in the late 1960s and opened in 1970 and the Moonee Ponds Creek was at that time diverted into a concrete channel adjacent to the road. The land use history and previous archaeological investigations have demonstrated that the CityLink corridor has been subject to significant ground disturbance in the past, and this finding was confirmed during the site inspection conducted on 17 March 2014. Recommendations

notified and works must cease at that location until an assessment can be made by an archaeologist.

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Table of Contents

1 Introduction .................................................................................................................................... 1

2 Geographical, Geological and Environmental Setting .................................................................... 3

3 Aboriginal Ethnographic and Historical Background ...................................................................... 4

4 Historical / Land Use Background ................................................................................................... 4

5 Previous Archaeological Investigations in the region ................................................................... 10

6 Previously Recorded Aboriginal Cultural Heritage Places ............................................................. 11

7 Previously recorded historic places .............................................................................................. 13

8 Site Visit......................................................................................................................................... 15

9 Conclusions to the Due Diligence Assessment ............................................................................. 18

10 Recommendations .................................................................................................................... 20

References ............................................................................................................................................ 21

Image Credits ........................................................................................................................................ 22

Appendix 1: Contingencies ................................................................................................................... 23

List of Figures

Figure 1: CityLink Tulla Widening TCI to Moreland Road study area. CityLink design plans in green overlaid on World Imagery courtesy of ESRI. ......................................................................................... 2

Figure 2: Geomorphic Land systems of the study area (Adapted from Biodiversity Interactive Map, DEPI 2013). .............................................................................................................................................. 3

Figure 3: Sunbury D4C Photomap 1946 (detail), Department of Lands and Survey .............................. 5

Figure 5: Country Roads Board plan “Strathmore By-Pass Road”, showing realignment of creek. ....... 6

Figure 6: Aerial photograph taken in 1969, facing west towards Essendon Airport, showing the Tullamarine Freeway under construction (Strathmore Community website). ...................................... 7

Figure 7: 1977 aerial image of the Bell Street Interchange showing the Moonee Ponds Creek in the concrete drain (National Archives of Australia). ..................................................................................... 8

Figure 8: 1968, Strathmore Bypass Road Site Plan, Drawing No. 44092 ............................................... 9

Figure 4: Sunbury Photomap 1946, detail, CityLink syudy area overlaid of the Bell Street/Pascoe Vale Road interchange. ........................................ ......................................................................................... 5

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List of Photographs

Photograph 1: From the shared path accessed from Talbot Road, facing north (J. Scibilia 17/03/2014) .......................................................................................................................................... 15

Photograph 2:From the shared path at Talbot Road facing south. The CityLink retaining wall is hidden by the trees (J.Scibilia 17/03/2014). ..................................................................................................... 15

Photograph 3: Facing north from shared path viewing Pascoe Vale Road exit ramp and location of proposed Bell Street to Pascoe Vale Road bridge (J. Scibilia 17/03/2014). .......................................... 15

Photograph 4: Pascoe Vale Road exit ramp at right of frame and Strathmore college at left; showing area where proposed bridge will be, facing north-west. (J.Scibilia 17/03/2014) ................................. 16

Photograph 5: Strand of trees to be removed; facing north-west, Strathmore Secondary College at left of frame. (J. Scibilia 17/03/2014). .................................................................................................. 16

Photograph 6: Facing east between Bell Street on left and Pascove Vale Road on right (J. Scibilia 17/03/2014). ......................................................................................................................................... 16

Photograph 7: Bell Street in foreground, Bell Street entry ramp and CityLink in the middle-distance, facing north (J. Scibilia 17/03/2014). .................................................................................................... 16

Photograph 8: Bridge requiring strengthening works near Reynard street, facing south-west (J.Scibilia 17/03/2014). ......................................................................................................................................... 17

Photograph 9: Bridge requiring strengthening and widening, south of Talbot Road, facing east (J.Sibilia 17/03/2014). ........................................................................................................................... 17

List of Tables

Table 1: Places on the VAHR within 2km of the study area. ................................................................. 13

Table 2: Historic places with heritage controls near the study area. ................................................... 14

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1 Introduction In March 2014, Dr Vincent Clark & Associates Pty. Ltd. (Cultural Heritage Advisors) was contracted by AECOM to undertake a cultural heritage desktop assessment due diligence for the CityLink Tulla Widening (CTW) project. The works are proposed by Transurban to upgrade CityLink to meet the projected increase in traffic. The CTW study area for this project is the CityLink/Tullamarine Freeway corridor from the Moreland Road exit ramp in the south, to the Tulla-Calder Interchange (TCI) in the north. The study area is within the local government areas of the City of Moreland and the City of Monee Valley. The Moonee Ponds Creek, a major tributary of the Yarra River, flows alongside the CityLink Corridor within the study area. Essendon Airport and Strathmore Secondary College are two landmarks that adjoin the study area (Figure 1). This report is an assessment of possible cultural heritage issues that may arise from the works and provides recommendations of actions to be taken to meet the requirements of the Aboriginal Heritage Act (2006) and the Heritage Act (1995). The Victorian Aboriginal Heritage Register VAHR was accessed to obtain information about nearby sites and places on the 14 March 2014. The scope of the assessment included a site inspection conducted on the 17 March 2014. The Wurundjeri Tribe Land and Compensation Cultural Heritage Council is the Registered Aboriginal Party for the study area. No consultation with the Wurundjeri has taken place as part of this assessment. A set of Contingency Plans is provided in Appendix 1 to be implemented if Aboriginal Cultural Heritage is discovered during works.

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Strathmore Secondary College

BRUNSWICK WEST

PASCOE VALE

Figure 1: CityLink Tulla Widening TCI to Moreland Road study area. CityLink study area in green overlaid on World Imagery courtesy of ESRI.

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2 Geographical, Geological and Environmental Setting The study area traverses two distinct geomorphic landforms: the Stony Undulating Plains of the Western District and the West Victorian Dissected Uplands (Figure 1).

Figure 2: Geomorphic Land systems of the study area (Adapted from Biodiversity Interactive Map, DEPI 2013).

The Moonee Ponds Creek is the closest major waterway to the study area, and in fact CityLink runs basically parallel to the Creek from Docklands to Pascoe Vale. Over a very long period of time, the Moonee Ponds Creek developed and eroded its ancestral valley through the sandy layer of non-marine sediments left behind after the sea covering this part of Victoria receded over 400 million years ago. Following the eruption of volcanoes and the formation of the Victorian Volcanic Plain across western Victoria around 50 million years ago, as well as later volcanic activity less than seven million years ago, the creek incised its way through the tertiary sediments and Older and Newer Volcanics.

LEGEND

Stony Undulating Plains - Western District

West Victorian Dissected Uplands (Midlands)

Sand and Clay Plains - Moorabbin

Start and end point of CityLink/Tullamarine Freeway study area

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The study area from its southern end at Moreland Road, runs through the suburbs of Brunswick West, Pascoe Vale South, Pascoe Vale, Strathmore, Essendon North, to Airport West and Essendon Fields at its northern extent near the Essendon Airport. CityLink runs through a highly urbanised and modified environment.

3 Aboriginal Ethnographic and Historical Background The study area is within lands traditionally belonging to the Woi Wurrung, one of the five tribal groups forming the Kulin Nation. As Barwick (1984: 105) explains, the Kulin Nation can be seen as

a regional cultural bloc or ‘confederacy’ – maintained by intermarriage, a common language and mutual interests of various kinds. One of the bonds maintaining this confederacy was moiety affiliation: Kulin divided their world into two halves (moieties) labelled waa (crow) and bunjil (eagle hawk). Individuals were identified with one or other of these moieties, which both shaped the patterned intermarriage of specific clans and transcended local allegiance when the Kulin met for religious rituals or the settlement of disputes or simply chose teams for a ball game.

The Woi Wurrung language group was divided into clans. The Wurundjeri Balug was the clan that occupied the activity area, and consisted of two patrilines: the Wurundjeri Willam, the group closest to the activity area, and the Balug Willam whose territory extended to the Koo Wee Rup Swamp (Clark 1990: 384–386). The Woi Wurrung shared boundaries with the Daung Wurrung to the north of the Dividing Range; the Wada Wurrung west of the Werribee River; the Gunai Kurnai to the east; and the Bun Wurrung who occupied the coastline to the south.

The Moonee Ponds Creek would once have served as a transport route for the Woi Wurrung inhabitants of the region in which the activity area is located, and like other prominent features of the landscape, was incorporated into the Woi Wurrung creation story of the Port Phillip Bay area (Moreland City Council 2010: 32). The Moonee Ponds Creek gets its name from a Woi Wurrung Ngurungaeta called Mooney Mooney, of whom little is known (Moreland City Council 2010: 32).

The Moonee Ponds Creek and its environs is a landscape of great significance to the Wurundjeri People and have many traditional, historical and cultural associations that are highly valued. The entire Moonee Ponds Creek corridor functioned as an important resource for food and raw materials. Some of the food sourced in and around creek included fish, shellfish, eel and various species of water fowl. The Moonee Ponds Creek attracted an abundance of other animal species that were also exploited by the Wurundjeri people, among these were emu, kangaroo and possum.

Presently the Wurundjeri Tribe Land and Compensation Cultural Heritage Council is the Registered Aboriginal Party for the study area.

4 Historical / Land Use Background A 1946 aerial photograph of the Moonee Ponds Creek and Pascoe Vale area illustrates conditions along the study area corridor at that time (Figure 3). The Essendon airport, which opened in 1921 as the Melbourne Airport can be seen on the edge of the suburban sprawl. There is no bridge crossing the Moonee Ponds Creek at Bell Street and there appears to be a quarry on the east bank of the Creek at Reynard Street. Figure 4 illustrates CityLink design plans for the Bell Street/Pascoe Vale Road section overlaid on the 1946 aerial.

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Figure 3: Sunbury D4C Photomap 1946 (detail), Department of Lands and Survey (Melbourne University Maps Collection)

Figure 4: Sunbury Photomap 1946, detail, with CityLink study area overlaid on the Bell Street/ Pascoe Vale Road interchange.

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The study area forms part of the Tullamarine Freeway, which was officially opened by Sir Henry Bolte on the 3 February 1970 (Anderson 1994: 207). The section of the Pascoe Vale Road / Bell Street interchange was constructed from 1968, when it was known as the Strathmore Bypass Road (Anderson 1994: 204, Figure 5). The country roads board plan of the Strathmore Bypass Road illustrates the proposed realignment of the Moonee Ponds Creek with a dotted line. It also predates the opening of the Melbourne Airport at Tullamarine, given that the Essendon Airport is labelled “Melbourne Airport”.

Figure 5: Country Roads Board plan of the ‘Strathmore By-Pass Road”, showing realignment of creek (SLV Maps Collection).

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The “Strathmore By-pass” section of the Tullamarine Freeway is shown under construction in 1969 (Figure 6), and as it was several years after completion, in 1977 (Figure 7) and its design in Figure 8. The vast extent of the earthworks is clearly visible in the 1969 photograph (Figure 6). As can be seen in Figures 6 and 7, the Moonee Ponds Creek was realigned into a concrete channel which appears to have happened concurrently with construction of the Freeway at this section. Approximately 3km of the Moonee Ponds Creek (roughly between Oak Park Reserve in the north and Reynard Street in the south) is in a concrete channel. This section of the Creek snakes alongside CityLink, with the road crossing over the Creek at several points. The section of the Moonee Ponds Creek in the concrete channel has clearly been realigned and heavily modified, and given it has undergone significant ground disturbance, is not an area of cultural heritage sensitivity.

Figure 6: Aerial photograph taken in 1969, facing west towards Essendon Airport, showing the Tullamarine Freeway under construction (Strathmore Community website).

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Figure 7: 1977 aerial image of the Bell Street Interchange showing the Moonee Ponds Creek in the concrete drain (National Archives of Australia).

Moonee Ponds Creek

Strathmore Secondary College

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Figure 8: 1968, Strathmore Bypass Road Site Plan, Drawing No. 44092

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5 Previous Archaeological Investigations in the region REGIONAL STUDIES A pre-European contact Aboriginal heritage study was recently undertaken of the City of Moreland (TerraCulture 2010). This study involved a desktop assessment; the sampling of areas and landforms for the presence of Aboriginal archaeological sites during field surveys; and predictive modelling of the distribution and types of cultural heritage sites in the area. The most relevant area surveyed during the investigation was on the eastern side of Moonee Ponds Creek at Gowanbrae, located to the north-west of the activity area; however, no Aboriginal archaeological material was located. This lack of archaeological material is most likely due to significant disturbance of the land by residential development. Predictive modelling of archaeological sites distributions states that a majority of Aboriginal sites will be stone artefact scatters occurring within 100m of water sources, and that cultural material is likely to occur in residential areas, often in disturbed contexts, unless surface sediments have been removed, in which case the archaeological record will have been erased (TerraCulture 2010: 38-39). A number of regional archaeological studies have been undertaken encapsulating areas of land within the geographic region. Presland (1983) conducted the first large scale archaeological survey of the Melbourne Metropolitan region, recording 23 artefact scatters and four scarred trees within the ‘Undulating Plain’ landscape unit in which the current activity area falls. It was noted, however, that despite the importance of Moonee Ponds Creek as a resource for Aboriginal people prior to European settlement, disturbance of the land associated with residential and industrial development is likely to have significantly diminished its archaeological value (Presland 1983: 89; see also Presland 1994). Du Cros and Rhodes (1998) further stressed this likelihood in their desktop assessment of Aboriginal archaeological sensitivities of the greater Melbourne waterways and flood plains, and that disturbance and ground surface visibility are factors that limit the discovery of Aboriginal archaeological sites (du Cros and Rhodes 1998: 20). However, they also argued that despite urbanisation, waterways of the metropolitan area remained sensitive for the presence of archaeological deposits. Weaver (1991) undertook an archaeological survey of Moonee Ponds Creek between the Yarra River and Gellibrand Hill Park, resulting in the recording of 31 Aboriginal cultural heritage sites, predominantly comprising silcrete stone artefact scatters and isolated artefacts, but also a single scarred tree. As a result of the study, it was found that sites tend to occur on the creek floodplains, escarpments and hillslopes. A lack of Aboriginal cultural material elsewhere along the creek was thought to reflect the density of development that has occurred in the area. LOCALISED STUDIES A section of the Tullamarine Freeway adjacent to the Essendon Airport in Airport West, at the northern extent of the present study area, was included as one of seven areas that were part of CHMP 11877 prepared for the M80 Ring Road upgrade (Tucker and Hyett 2011). The Tullamarine Freeway section of CHMP 11877 was not surveyed or subject to subsurface testing for OH&S reasons. Only two of the seven activity areas (near the Merri Creek at Campbellfield, and Grimshaw Street Watsonia) were suitable for subsurface testing and results in both areas confirmed the that previous construction had resulted in significant ground disturbance (Tucker and Hyett 2011:72). Watson (2012) prepared a CHMP prior to the residential development of a suburban housing block which is bounded by the CityLink Moreland Road exit ramp to the north. The land use history of the area indicated that there was a tributary of the Moonee Ponds Creek that had been converted to an underground drain during the 1950s and 1960s, which now runs beneath the Moreland Road Entry/Exit ramp section of CityLink and would therefore intersect with the present study area. One

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cultural heritage place, an artefact scatter consisting of three silcrete flakes, was identified (VAHR 7822-3311) less than 50m from the present study area. The three artefacts were all recovered from one 1m x 1m test pit. Watson (2012: 45) stated “the program of subsurface determined that the ground in which the site is located has been significantly disturbed as a result of previous land use activities, most likely relating to the demolition of buildings on the property and/or introduction of fill material. Given the disturbed context of VAHR 7822-3311, it is unlikely that more substantial deposits are present within the activity area.” Audy (2010) prepared a CHMP for a residential subdivision for 33 Mitchell Parade, Pascoe Vale South. The activity area backed onto the Moonee Ponds Creek and is approximately 50m from CityLink and the study area. Through a series of aerial photographs, Audy demonstrated changes to the creek and the increased urbanisation of the area throughout the second half of the 20th century (Audy 2010:69). The program of subsurface testing confirmed that the entire area had been either directly modified or impacted by previous land use (Audy 2010: 54). Several other CHMPs have also been conducted for small subdivisions on suburban allotments in the Pascoe Vale area near the Moonee Ponds Creek. One of these investigations, located at 18 Parker Street Pascoe Vale approximately 250 m north of the study area (Howes et al 2012) noted that the Moonee Ponds Creek had been realigned and formerly marked the boundary of the property. The investigation identified a subsurface artefact scatter in the front yard of the property (VAHR 7822-3365) but concluded that the site was not in situ, given that it was found in the same context as modern building rubble (Howes et al 2012: 30). Similarly, Walker (2011) identified an isolated quartz artefact during subsurface testing in a suburban yard at nearby 18 Park Street, but in disturbed soil. While Howes (et al 2012) and Walker (2011) did locate cultural heritage material, many other investigations on suburban allotments in Pascoe Vale have noted ground disturbance and have not identified cultural heritage (ie. MacCulloch 2013; Wackett 2013; Birkett-Rees and Thiele 2011). For instance, when Falvey and Walker (2012) were digging at 14 Park Street they noted disturbance and similar conditions to 18 Park Street, but did not identify any cultural heritage places. Several archaeological investigations have been carried out in the geographic region for water related infrastructure projects along the Moonee Ponds Creek and its tributaries. These include: the Upper Moonee Ponds Creek Sewer Augmentation (26m west of the current activity area) between Bass Street, Strathmore and Brearly Reserve, Pascoe Vale (Thomas & Debney 2008); the replacement of the existing M9 water main (150m west of the current activity area) from the Preston Reservoir to Essendon Airport (Jenkins 2008); a pipeline alignment (289m north of the current activity area) from the Moonee Ponds Creek, Pascoe Vale to Caldwell Street, Glenroy (Murphy & Dugay-Grist 2008) and the subsequent Cultural Heritage Management Plan for the proposed Glenroy Branch Sewer Upgrade (318m north of the current activity area) (Murphy & Amorosi 2008). During these archaeological investigations, no Aboriginal cultural material was located, with all authors concluding that it was most likely a result of significant landscape modifications following residential and industrial development in the area, creek channelling and grading and levelling of surrounding creek banks.

6 Previously Recorded Aboriginal Cultural Heritage Places There are no recorded Aboriginal places within the study area. However, there is one place within 50m of the study area: VAHR 7822-3311 ‘9 McColl Court Brunswick West’ which was located during subsurface testing in a suburban back yard (Watson 2012, see Section 5). VAHR 7822-3311 consists of three flakes of fine-grained grey silcrete, which may have originated from a local quarry source, although the artefacts were found in a disturbed context (Watson 2012:44).

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There are 20 places on the Victorian Aboriginal Heritage Register within 2km of the study area (Table 1). All of the twenty places include an artefact scatter component (although one site is recorded as a Low Density Artefact Distribution –VAHR 7822-3311) and two of the places also include a quarry component (VAHR7822-0833 and -0495). One of the sites recorded as a quarry, ‘Strathnaver Reserve 1’ (VAHR 7822-0495) also includes an earth feature, being the exposure of cultural material in an eroded bank that extends from behind the pavilion in Strathnaver Reserve, Oak Park, across a slope and over the highest point of a rise. The site also features a silcrete outcrop, and a surface scatter of flaked silcrete artefacts, fragments and pebbles. It was noted by archaeologist Fiona Weaver at the time the site was recorded that further research is required to establish Aboriginal utilisation of the outcrop. Most of the sites are located within close proximity to the banks (or former banks) of the Moonee Ponds Creek.

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VAHR No Aboriginal Place Name Component Types

7822-0344 Salmon Reserve 1 Artefact Scatter

7822-0345 Salmon Ave 1 Object Collection (Artefact Scatter)

7822-0493 Five Mile Creek 1 Artefact Scatter 7822-0494 Fawkner Reserve 1 Artefact Scatter

7822-0495 Strathnaver Res. 1

Earth Feature (Soil deposit), Quarry and Artefact Scatter

7822-0496 Boeing Reserve 1 Artefact Scatter 7822-0497 Boeing Reserve 2 Artefact Scatter

7822-0833 Steele Creek Quarry 1 Quarry and Artefact Scatter

7822-1653 K.W. Joyce Reserve 1 Artefact Scatter 7822-2548 16 Margaret Street 1 Artefact Scatter 7822-2549 16 Margaret Street 2 Artefact Scatter 7822-0942 5 Margaret Street, Oak Park Artefact Scatter 7822-0760 20 Ethel Street, Oak Park Artefact Scatter 7822-2757 Beverage Drive 03 Artefact Scatter

7822-2850 11 Margaret Street Oak Park Artefact Scatter Artefact Scatter

7822-2846 11 Margaret Street Site Card 2 Artefact Scatter 7822-3165 18 Park Street 1 Artefact Scatter 7822-3311 9 McColl Court, Brunswick West Artefact Scatter 7822-3365 Parker St, Pascoe Vale Artefact Scatter

7822-3721 564-566 Moreland Road, Brunswick Low Density Artefact Distribution

Table 1: Places on the VAHR within 2km of the study area.

7 Previously recorded historic places There are no recorded historic sites within the study area included on the Victorian Heritage Register, the Victorian Heritage Inventory or the local council planning scheme heritage overlays.

There are seven places within 1km of the study area that are included on the Victorian Heritage Register or the Victorian Heritage Inventory as listed in Table 2; however none of these places will be affected by the proposed works.

Historic places that are significant to the State of Victoria are included on the Victorian Heritage Register; historical places with archaeological potential are listed on the Victorian Heritage Inventory; and places with local significance are included on local planning scheme heritage overlays. The closest site to the study area, with significance to the State of Victoria, is “Wentworth House” which is registered on the VHR as H0138. It is significant for its historic and architectural values, as an early example of colonial building techniques, and for its association with Farquhar McCrae an early gentleman colonist.

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Site Name Heritage

Inventory

Victorian

Heritage

Register

Heritage

Overlay Location

Wentworth House

- H0138 HO103 175m east of study area; 22 Le Cateau Street, Pascoe Vale South

Moonee Ponds Creek 1

H7822-0079 - - Approx. 625m west of study area; west bank of Moonee Ponds Creek

Mooneed Ponds Creek 2

H7822-0080 - -

Approx. 730m west of study area; west bank of Moonee Ponds Creek, south of Moreland Road

Moonee Ponds Creek 3

H7822-0081 - -

Approx730m west of study area; immediately north of H7822-0080 on Moreland Road

Lyndhurst Hall - H0964 HO189 Approx 770m east of study area; 46 Walhalla Street, Pascoe Vale

Moonee Ponds Creek 4

H7822-0082 - - 770m north of study area; Herbert Street Pascoe Vale

Former North Park, now St Columbans Catholic Mission

- H1286 HO128 820m west of study area; 69 Woodland Street, Essendon

Table 2: Historic places with heritage controls near the study area.

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8 Site Visit

Photograph 1: From the shared path accessed from Talbot Road, facing north (J. Scibilia 17/03/2014)

Photograph 2:From the shared path at Talbot Road facing south. The CityLink retaining wall is hidden by the trees (J.Scibilia 17/03/2014).

The main focus of the site visit was the CityLink Bell Street / Pascoe Vale Road interchange (Photograph 3), as it is in this area, north of Strathmore Secondary College where works will extend beyond the existing footprint.

Photograph 3: Facing north from shared path viewing Pascoe Vale Road exit ramp and location of proposed Bell Street to Pascoe Vale Road bridge (J. Scibilia 17/03/2014).

CityLink

A site visit to view the study area was conducted on the 17 March 2014 by Helen Kiddell and Jasmine Scibilia (Dr Vincent Clark & Associates) and Tamara Zielinski (AECOM). As most of the actual study area is inaccessible by foot along the CityLink leasehold (due to freeway traffic), the team began at Talbot Road Strathmore and walked along the shared-user path following the west bank of Moonee Ponds Creek (Photographs 1 and 2). From the shared path the Moonee Ponds Creek and the location of the Freeway could be seen and the general environment of the study area. The Moonee Ponds Creek in this section is within a concrete basin (Photographs 1, 2 and 3).

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A new Bell Street to Pascoe Vale Road Bridge will be constructed which will join up with the existing Pascoe Vale Road exit ramp (Photograph 4). The construction of the new bridge will require the removal of a strand of nine trees (Photograph 5). The trees do not appear in a 1977 aerial photograph of the area (refer Figure 2) and are relatively young. The trees are planted at the toe of the steep batter of the Pascoe Vale Road exit ramp, next to a concrete drain that runs alongside the shared-user path, in what is therefore concluded to be disturbed ground.

Photograph 4: Pascoe Vale Road exit ramp at right of frame and Strathmore college at left; showing area where proposed bridge will be, facing north-west. (J.Scibilia 17/03/2014)

Photograph 5: Strand of trees to be removed; facing north-west, Strathmore Secondary College at left of frame. (J. Scibilia 17/03/2014).

After examining the trees, the team followed the shared-user path between the Pascoe Vale Road Exit Ramp and the Bell Street Entry Ramp (Photograph 6). From this vantage point the area that will be affected by the widening of the Bell Street Entry ramp could be seen (Photograph 7). The area between the ramps, and between the Entry ramp and CityLink has been heavily landscaped. Some of the planted vegetation will be affected by the proposed works, but as demonstrated in the history section of this report (refer Figure 1) this area too has been subject to significant ground disturbance during the initial construction of the freeway in the late 1960s.

Photograph 6: Facing east between Bell Street on left and Pascove Vale Road on right (J. Scibilia 17/03/2014).

Photograph 7: Bell Street in foreground, Bell Street entry ramp and CityLink in the middle-distance, facing north (J. Scibilia 17/03/2014).

The team then walked back along the path and south of Talbot Road, where CityLink bridges Moonee Ponds Creek and the shared user path twice north of Reynard Street (Refer Alignment Plan Sheets 46 and 47 in Appendix 2). The two bridges require strengthening works, and the northernmost of the two requires widening. Moonee Ponds Creek below both of these bridges is

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within a concrete basin (Photographs 8 and 9). From Reynard Street, the creek and the path move westwards away from the CityLink study area. The Moonee Ponds Creek does wind back towards CityLink at Moreland Road, but where it is in close proximity to the Freeway it is within the concrete channel.

Photograph 8: Bridge requiring strengthening works near Reynard street, facing south-west (J.Scibilia 17/03/2014).

Photograph 9: Bridge requiring strengthening and widening, south of Talbot Road, facing east (J.Sibilia 17/03/2014).

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9 Conclusions to the Due Diligence Assessment This assessment has taken into consideration whether a cultural heritage management plan is required for this activity and whether the activity is likely to cause harm to Aboriginal cultural heritage. It should be noted that it is unlawful to harm Aboriginal cultural heritage (s.27 of the Aboriginal Heritage Act 2006) or to carry out an act likely to harm Aboriginal cultural heritage (s.28 of the Act), except when harm is permitted under an approved CHMP or pursuant to a Cultural Heritage Permit, issued under s.40 of the Aboriginal Heritage Act 2006. There are no recorded sites within the study area relating to either indigenous or post-contact use of the site. The desktop assessment has shown that although Aboriginal people utilised land along the Moonee Ponds Creek prior to European settlement it is unlikely that any Aboriginal cultural heritage material remains will exist within the study area, given the major earthworks that have taken place. The Tullamarine Freeway was constructed in the late 1960s and opened in 1970 and the Moonee Ponds Creek was at that time diverted into a concrete channel adjacent to the road. In the 1990s the section of the Tullamarine Freeway south of Pascoe Vale road was widened and opened as CityLink. The land use history and previous archaeological investigations have demonstrated that the CityLink corridor has been subject to significant ground disturbance in the past, and this finding was confirmed during the site inspection. Aboriginal Cultural Heritage In accordance with Regulation 6 of the Aboriginal Heritage Regulations 2007, a cultural heritage management plan is required if:

All or part of the study area for the activity is an area of cultural heritage sensitivity; and All or part of the activity is a high impact activity.

The construction of a road is a high impact activity (r. 44 (1)(e)) and the CityLink works within the study area would therefore be high impact as they will result in significant ground disturbance. However, while the works will occur within 200m of the Moonee Ponds Creek, r.23 (2) states: “If

part of a waterway or part of the land within 200m of a waterway has been subject to significant

ground disturbance, that part is not an area of cultural heritage sensitivity.”

The section of Moonee Ponds Creek that is within 200m of the study area is entirely within a concrete channel, and it has been subject to significant ground disturbance both from the initial construction of the Tullamarine Freeway, and from the realignment of the creek and installation of the concrete channel. Therefore it is not an area of cultural sensitivity. There is a registered Aboriginal cultural heritage place (VAHR 7822-3311) within 50m of the Moreland Road exit ramp. However, regulation 22 (3) states: “If part of the land within 50m of a

registered cultural heritage place has been subject to significant ground disturbance, that part is not

an area of cultural heritage sensitivity.”

As the CityLink road reserve (leasehold) has been subject to significant ground disturbance through the construction of the Tullamarine Freeway, ongoing maintenance and landscaping works, it is concluded that the area within 50m of VAHR 7822-3311, but within the CityLink noise-barrier/retaining wall is not an area of cultural heritage sensitivity.

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To conclude, the study area is not located in an area of cultural heritage sensitivity, as the construction of the Tullamarine Freeway and the concrete channelling of Moonee Ponds Creek has caused significant ground disturbance in the past. Therefore the activity will not occur within an area of cultural heritage sensitivity and, therefore, the preparation of a mandatory cultural heritage management plan is not required for this project. Historic (non-Indigenous) Cultural Heritage

There are no recorded historic sites on the Victorian Heritage Register, the Victorian Heritage Inventory or local council Heritage Overlays within the study area. Given the highly visible nature of historic sites, it is highly unlikely that any unidentified historical heritage or archaeological deposits exist within the area to be disturbed. Procedures to be followed if any unidentified or unexpected historical archaeological remains or deposits are uncovered or identified during construction works are provided in Recommendation 3 below. Archaeological remains or deposits may include buried structural remains such as foundations, concentrations of artefacts (such as bottles) or other man-made features.

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10 Recommendations

The following recommendations are made based on the findings of this assessment:

Aboriginal Cultural Heritage

1. A mandatory CHMP is not required for this activity.

2. Whilst a CHMP is not mandatory for this activity, sections 27 and 28 of the Act make it unlawful to harm Aboriginal cultural heritage. If during the works for the activity the client or the client’s agent or contractor identifies Aboriginal cultural heritage, or has reason to believe that it may be present, work must cease immediately at that location; the appropriate parties must be notified and the provisions set out in the Contingencies (Appendix 1) must be implemented.

Contact details to report the discovery of Aboriginal cultural heritage during works:

Dr Mark Eccleston (Heritage Manager) Office of Aboriginal Affairs Victoria, Department of Premier and Cabinet Level 9, 1 Spring St, Melbourne VIC 3000 Ph: 03 9208 3281 Email: [email protected]

Delta Freedman or Alex Parmingon Wurundjeri Tribe Land & Compensation Cultural Heritage Council Incorporated 1st Floor Providence Building |Abbotsford Convent 1 St Heliers Street | Abbotsford VIC 3067 Ph: 03 8673 0901

Historic (non-Indigenous) Cultural Heritage

4. In the unlikely event that a historic site is identified during works, Heritage Victoria must be

notified and works must cease at that location until an assessment can be made by an archaeologist. Contact details for Heritage Victoria are:

Mr Jeremy Smith Heritage Victoria 1 Spring Street, Melbourne 3000 Telephone: 9208 3333

3. This report does not take into consideration any works beyond the scope provided in the study area maps. Should any appointed contractor propose to establish a site hut/lay-down area beyond the CityLink leasehold, or undertake any ground disturbing works in relation to the project beyond those described, they will be required to seek their own cultural heritage advice as to whether a CHMP or any other permit is required.

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References Anderson, W.K. 1994. Roads for the People: A History of Victoria’s Roads, VicRoads and Hyland House, Melbourne. Audy, K. 2010. 33 Mitchell Parade, Pascoe Vale South, Residential Subdivision, CHMP 10992. Report to Jopsal P/L. Barwick, D.E. 1984. Mapping the past: an atlas of Victorian Clans 1835-1904, Aboriginal History 8(2):100-130. Birkett-Rees, J and F Thiele 2011. Cultural Heritage Management Plan for a Proposed Subdivision of 544 Pascoe Vale Road, Pascoe Vale Victoria. CHMP 11612. Report to Gordon Tennent. Clark, I. D. 1990. Aboriginal Languages and Clans: An Historical Atlas of Western and Central Victoria,

1800-1900. Monash Publications in Geography Number 37, Monash University, Clayton.

Falvey, L and J Walker, 2012. Residential Subdivision, 14 Park Street Pascoe Vale, CHMP 12238, Report to RA Construction P/L.

Howes, J, Flemming, K. and K. Oataway, 2012.18 Parker Street Pascoe Vale, CHMP 12151. Report to Tan Minh Le and Hoang Nhu Doan Trong.

MacCulloch, J. 2013. 20 McCracken Avenue Pascoe Vale, Residential Subdivision. CHMP 12337. Report to Mahmoud Merhi.

Moreland City Council, 2010. City of Moreland Thematic History. Prepared by Historica for Moreland City Council.

Murphy, A & L Amorosi 2008. Proposed Glenroy Sewer Upgrade, Pascoe Vale to Glenroy. Report to Yarra Valley Water.

Murphy, A & L Dugay-Grist 2008. Proposed Branch Sewer, Glenroy, Cultural Heritage Assessment. Report to GHD Pty. Ltd.

Presland, G. 1983. An Archaeological Survey of the Melbourne Metropolitan Area. Victorian Archaeology Survey, Ministry for Planning & Environment, Victoria.

Terra Culture 2010. Moreland Pre-Contact Aboriginal Heritage Study. Report to Moreland City Council

Thomas, M & T Debney 2004. An Archaeological Survey of Moonee Ponds Sewer Augmentation,

Moonee Ponds, Victoria. Report to Sinclair Knight Merz Pty. Ltd.

Tucker, C. and J. Hyett 2011. M80 Upgrade: Merri Creek Works, CHMP 11877, Report to VicRoads. Wackett, L. 2013. 10 Park Street, Pascoe Vale, Residential Subdivision. CHMP 12734. Report to Time Architects. Walker, J. 2011. 18 Park Street, Pascoe Vale, Residential Subdivision. CHMP11890. Report to Dias Yianni.

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Watson, B. 2012. 9 McColl Court, Brunswick West, Residential Development, CHMP 12093, Report to Bottos Family Superannuation Fund Weaver, F. 1991. Moonee Ponds Creek Concept Plan. Report prepared for the Board of Works, Department of Planning and Housing. Websites Australian Dictionary of Biography, “Elliot Ronald Bull” http://adb.anu.edu.au/biography/bull-elliott-ronald-12826 accessed 10 January 2014. Department of Environment and Primary Industries (DEPI), Victorian Resources Online, http://vro.depi.vic.gov.au/dpi/vro/vrosite.nsf/pages/landform_geomorphological_framework_6.1. accessed 13 January 2014. Legislation

Aboriginal Heritage Act 2006 (VIC)

Aboriginal Heritage Regulations 2007 (VIC)

Heritage Act 1995 (VIC)

Image Credits

Figure 2: Biodiversity Interactive Map: http://mapshare2.dse.vic.gov.au/MapShare2EXT/imf.jsp?site=bim, Department of Environment and Primary Industries, accessed 20/03/2014 Figure 3: The University of Melbourne Map Collection, ‘Sunbury D4C Photomap’, Department Lands and Survey, 1946: http://www.lib.unimelb.edu.au/collections/maps/historical/1945melb/l_sheets/838d4c.jpg, accessed 17/03/2014

Figure 5: Country Roads Board plan of the ‘Strathmore By-Pass Road”, SLV Maps Collection: http://handle.slv.vic.gov.au/10381/139456, accessed 18/03/2014 Figure 6: (1969) Strathmore Community website: http://home.vicnet.net.au/~strthmre/pictures/aerialph.html, accessed 18 March 2014 Figure 7: (1977) National Archive of Australia, “States - Victoria - Melbourne - Highways - Bell Street interchange, Tullamarine Freeway, Photo by Val Foreman Photography, Negative Number B7777X11 [Contains 2 photographs] [Album 33]”, Series B941, Item Barcode 5971680.

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Appendix 1: Contingencies Contingency for the unexpected discovery of Aboriginal cultural heritage during works

Note that s.24 of the Act provides for the mandatory reporting of the discovery of an Aboriginal place as soon as practicable and specifies that the “person in charge of the works is deemed …. to be the person who discovered the place or object” (s.24(3)). The procedure for reporting the discovery of Aboriginal cultural heritage during construction activities will be:

If any unexpected artefacts or other features are identified during the site works, the person making the discovery must notify the person in charge of the activity immediately and that person must then suspend soil disturbance at that location.

The extent of the site, or suspected site, must be determined and a 5m buffer established around that extent, within which work may not be undertaken.

The person responsible for the activity must notify OAAV immediately (i.e. within no more than 24 hours) of the discovery (or suspected discovery).

If the discovery is determined to be Aboriginal cultural heritage a qualified archaeologist must record the Aboriginal place and complete any necessary records and notify OAAV and the RAP.

A decision/recommendation concerning the process to be followed to manage the Aboriginal cultural heritage in an appropriate manner will be determined in consultation with OAAV, the CHA and PTV. A stop order may be issued for the activity, pursuant to s.87 of the Act.

Contingency for the unexpected discovery of human remains If potential human skeletal remains are uncovered during the site works, all work must cease immediately and the Victoria Police and the Victorian Coroner’s Office (ph: 1300 309 519) notified, as required by the Coroners Act 1985. If there are reasonable grounds to believe that the remains are Aboriginal, the State Control Centre must be contacted immediately (ph: 1300 888 544) and the requirements of s.17 of the Aboriginal Heritage Act 2006 (hereafter referred to as the Act) will apply.

Any discovery of suspected human remains during the project must comply with the following:

a) Discovery

If suspected human remains are discovered, all activity in the vicinity must cease, to ensure that damage to the remains is minimised; and

The remains shall not be touched or otherwise interfered with, other than to meet the requirements of the Coroner and the Act and to safeguard them from further disturbance.

There must be no contact with any media representative in the event of the discovery of a suspected burial.

b) Notification

Immediately suspected human remains are identified, the Victoria Police and the Victorian Coroner’s Office (ph: 1300 309 519) must be notified.

If, upon investigation, there are reasonable grounds to believe that the remains could be Aboriginal, the State Control Centre must be notified immediately on 1300 888 544;

All details of the location and nature of the suspected human remains must be provided to the relevant authorities; and

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If it is confirmed by the relevant authorities that the remains are Aboriginal skeletal remains, the person responsible for the activity must report the existence of the remains to the Secretary, Department for Victorian Communities, in accordance with s.17 of the Act.

c) Impact Mitigation or Salvage

The Secretary, after taking reasonable steps to consult with any Aboriginal person or body with an interest in the human remains, will determine the appropriate course of action, as required by s.18(2)(b) of the Act;

The appropriate impact mitigation or salvage strategy, as determined by the Secretary, must be implemented.

d) Curation and Analysis of Remains

The treatment of salvaged Aboriginal human remains must be in accordance with the direction of the Secretary.

e) Reburial Any reburial site(s) must be fully documented by an experienced and qualified archaeologist, clearly marked, and all details passed on to OAAV. An appropriate management plan must be devised and implemented to ensure that the remains are not disturbed in the future.