APPENDIX B5. Construction Heritage Management Plan. WestConnex - M4 Widening Major Civil Works

Transcription

1 APPENDIX B5 Construction Heritage Management Plan WestConnex - M4 Widening Major Civil Works JUNE 2016

2 Document control File name App B5 HMP_Rev 5.docx Report name Document Number Revision number Rev 5 Approval WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan N1023-MP-03-B Patrick McCormack Peter Monsted RCPBJV Project Manager RCPBJV Environmental Manager Revision history Revision Date Description Approval 0 12/1/15 Draft for review N/a 1 06/02/15 2 nd draft for review N/a 2 02/04/15 Final incorporating Agency comments. N/a 3 02/04/15 For DP&E submission N/a 4 28/04/15 DP&E comments 5 18/06/16 Updated following CEMP Annual Review Distribution of controlled copies Copy no. Issued to Version 1 Project Manager 2 Environmental Representative 3 Construction Manager 4 Environmental Manager 5 Community Relations Manager 6 WCX Representative 7 WCX Environmental Manager WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan i

3 Contents 1 Introduction Context Background Environmental management systems overview Purpose and objectives Purpose Objectives Targets Environmental requirements Relevant legislation and guidelines Minister s Conditions of Approval Management measures from EIS and Submissions Report Consultation Consultation undertaken to date Ongoing consultation Project Contacts Existing Environment Aboriginal cultural heritage Non-Aboriginal heritage Environmental aspects and impacts Construction activities Non-Aboriginal heritage impacts Environmental mitigation and management measures Compliance management Roles and responsibilities Training Monitoring and inspections Auditing Reporting Review and improvement Continuous improvement HMP update and amendment WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan ii

4 Tables Table 3-1 Conditions of Approval... 5 Table 3-2 Management measures from EIS and Submissions Report... 7 Table 4-1 Project-Specific Contacts... 9 Table 6-1 Non-Aboriginal heritage - impacts and management Table 7-1 Heritage management and mitigation measures Appendices Appendix A Roads and Maritime Standard Management Procedure Unexpected Archaeological Finds Appendix B Heritage Management Training Information Appendix C Heritage Locations Holroyd Local Environmental Plan 2013 WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan iii

5 Glossary / Abbreviations AMU Ancillary facility CEMP CoA DGR DP&E DPI EIS Environmental aspect Environmental impact EIS Environmental incident Environmental objective Environmental policy Environmental target Environmental team Environmental Representative Archaeological Management Units Temporary facility for construction, including for example an office and amenities compound, construction compound, batch plant (concrete or bitumen), materials storage compound, maintenance workshop, testing laboratory or material stockpile area. Construction Environmental Management Plan Conditions of Approval Director General s Environmental Assessment Requirements Department of Planning and Environment Department of Primary Industries (including Agriculture NSW, Fisheries NSW and NSW Office of Water) Environmental Impact Statement Defined by AS/NZS ISO 14001:2004 as an element of an organisation s activities, products or services that can interact with the environment. Defined by AS/NZS ISO 14001:2004 as any change to the environment, whether adverse or beneficial, wholly or partially resulting from an organisation s environmental aspects. Environmental Impact Statement An unexpected event that has, or has the potential to, cause harm to the environment and requires some action to minimise the impact or restore the environment. Defined by AS/NZS ISO 14001:2004 as an overall environmental goal, consistent with the Environmental policy, that an organisation sets itself to achieve. Statement by an organisation of its intention and principles for environmental performance. Defined by AS/NZS ISO 14001:2004 as a detailed performance requirement, applicable to the organisation or parts thereof, that arises from the environmental objectives and that needs to be set and met in order to achieve those objectives. Members of the Contractor s staff including sub-contractors authorised by the Environmental Manger to work on environmental issues related to the M4 Widening Major Civil Works A suitably qualified and experienced person independent of project design and construction personnel employed for the duration of construction. The principal point of advice in relation to all questions and complaints concerning environmental performance. EP&A Act 1979 Environmental Planning and Assessment Act 1979 EPA EWMS Heritage Act Heritage Act 1977 HMP LEP NSW Environment Protection Authority Environmental work method statements Heritage Management Plan Local Environmental Plan WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan iv

6 M4W Major Civil Works Minister, the WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan That portion of the M4 Widening project which is the subject of this CEMP. NSW Minister for Planning NPW Act National Parks and Wildlife Act 1974 Non-compliance Non-conformance NSW Heritage Council NOW NVMP OEH Operation PACHCI PHALMS Project, the Project Team RCPBJV Roads and Maritime RTA Secretary of DP&E SMC SSI Failure to comply with the requirements of the Instrument of Approval or any applicable license, permit or legal requirements. Failure to conform to the requirements of Project system documentation including this CEMP or supporting documentation. Heritage Council of NSW or its delegate. (NSW) Office of Water Noise and Vibration Management Plan (NSW)Office of Environment and Heritage Means the operation of the SSI, but does not include commissioning trials of equipment or temporary use of parts of the SSI during construction. Procedure for Aboriginal Cultural Heritage Consultation and Investigation Parramatta Historical Archaeological Landscape Management Study WestConnex M4W Major Civil Works Members of the M4W Major Civil Works contractor staff including sub-contractors authorised by the Project Manager to work on the M4W Major Civil Works. Rizzani de Eccher Australia Pty Ltd/CPB Contractors Pty Ltd Joint Venture. Formerly Rizzani de Eccher Australia Pty Ltd/Leighton Contractors Pty Ltd Joint Venture (RLJV). (NSW) Roads and Maritime Services (NSW) Roads and Traffic Authority (now Roads and Maritime Services) Secretary of the Department of Planning and Environment. Sydney Motorway Corporation (formerly WestConnex Delivery Authority) State Significant Infrastructure as defined in the Instrument of Approval; Widening and upgrading the M4 Motorway generally between Pitt Street, Parramatta and Holroyd and Homebush Bay Drive, Homebush West, including - Construction of a new two lane viaduct for westbound traffic, on the southern side of the existing viaduct structure between Church Street, Parramatta and Wentworth Street, Granville and reconfiguration of the traffic lanes on the existing viaduct structure to four lanes eastbound and two lanes westbound; and a new bridge/viaduct over Duck River at Auburn; - Widening of the existing motorway to the south of the westbound carriageway between Wentworth Street, Granville and Duck River, Auburn; and within the existing motorway corridor between Junction Street, Auburn and Homebush Bay Drive, Homebush to provide four v

7 WCX traffic lanes westbound and four traffic lanes eastbound; - Construction of a new westbound G-loop on-ramp to the M4 Motorway from Homebush Bay Drive, Homebush and a new eastbound on-ramp to the M4 Motorway from Hill Road, Lidcombe; - Widening and/or lengthening of existing ramps at Church Street, James Ruse Drive, Silverwater Road, Hill Road and Homebush Bay Drive; - Provision of Intelligent Transport Systems (ITS) infrastructure for motorway operations; - Provision of road infrastructure and complementary technology services to support the future implementation of smart motorway operations. - Provision of tolling infrastructure such as gantries and control systems; - Provision of new and modified noise barriers and new asphalt wearing surface to the existing M4 Motorway. WestConnex M4 Co subsidiary of SMC delivering M4 Widening WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan vi

8 1 Introduction 1.1 Context This Construction Heritage Management Sub Plan (HMP or Plan) forms part of the Construction Environmental Management Plan (CEMP) that has been prepared to comply with the Minister for Planning s Instrument of Approval for the WestConnex M4 Widening Project. This HMP has been prepared to address the requirements of the Conditions of Approval (CoA), and the mitigation and management measures listed in the WestConnex - M4 Widening Environmental Impact Statement (EIS) (SMEC Australia, 2014), Submissions Report and all applicable legislation. 1.2 Background The WestConnex M4 Widening Environmental Impact Statement (EIS) (SMEC Australia, 2014) assessed the impacts of construction and operation of the M4 Widening (M4W) Major Civil Works Project (the Project) on Aboriginal and non-aboriginal heritage. As part of EIS development, a detailed Aboriginal cultural heritage assessment was prepared to address the Director-General s environmental assessment requirements (DGR s) issued by the then Department of Planning & Infrastructure. The Aboriginal cultural heritage assessment was included in the EIS as Technical Paper J Aboriginal Heritage. A non-indigenous Heritage Assessment was also included in the EIS at Appendix K. The EIS did not identify any Aboriginal archaeological objects or Aboriginal places within the study area and therefore no impacts to Aboriginal sites and objects are expected during the delivery of the project. The EIS identified potential direct or indirect impacts on non-aboriginal items assessed as having heritage significance. There are nineteen (19) locally significant heritage items and one (1) state significant heritage item located in close proximity to the Project. These include nearby residential premises, a locally significant wetland, a stand of Eucalyptus trees and a state significant electrical substation. The Project has the potential to directly affect the heritage significant wetlands, however no other direct physical impacts on adjacent heritage items are anticipated and no visual impacts on those items. Refer to Sections 5 and 6 for full details of the historic heritage items where potential impacts could occur. The type of impact that could occur to the heritage items is from vibratory works in close proximity to the structures. Management measures to avoid impact shall include vibration modelling and monitoring during construction activities, choice of plant and equipment to minimise vibration risks and implemented protection (exclusion) measures for heritage items in close proximity to construction activities. Refer to Section 7 for full details of the management measures which will be implemented. In addition to heritage structures, there are two local conservations areas adjacent to the Project that may be impacted during construction. These two areas are wetlands at Duck River and a stand of Eucalyptus longifolia at Hill Road. Additional mitigation and management measures were included in the Submissions Report, in response to submissions on the EIS. 1.3 Environmental management systems overview The overall Environmental Management System for the Project is described in the Construction Environmental Management Plan (CEMP). The HMP is part of Rizzani de Eccher Australia Pty Ltd/CPB Contractors Pty Ltd Joint Venture (RCPBJV) environmental management framework for the Project, as described in Section 4.1 of the CEMP. WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 1

9 Management measures identified in this Plan will be incorporated into site or activity specific Environmental Work Method Statements (EWMS). EWMS will be developed and signed off by environment and management representatives prior to associated works and construction personnel will be required to undertake works in accordance with the identified mitigation and management measures. Used together, the CEMP, strategies, procedures and EWMS form management guides that clearly identify required environmental management actions for reference by RCPBJV s personnel and contractors. The review and document control processes for this Plan are described in Sections 9 and 10 of the CEMP. WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 2

10 2 Purpose and objectives 2.1 Purpose The purpose of this Plan is to describe how Aboriginal and non-aboriginal heritage will be protected and managed during construction of the Project. 2.2 Objectives The key objective of the HMP is to ensure that impacts to Aboriginal and non-aboriginal heritage are minimised and within the scope permitted by the Instrument of Approval. To achieve this objective, the following will be undertaken: Procedures are implemented to manage unexpected discovery of Aboriginal or non-aboriginal heritage items including the notification requirements of CoA D16. Ensure appropriate controls and procedures are implemented during construction activities to avoid or minimise potential adverse impacts to Aboriginal and non-aboriginal heritage. Ensure appropriate measures are implemented to address the relevant CoA outlined in Table 3-1, and the safeguards detailed in the EIS and Submissions Report. Ensure appropriate measures are implemented to monitor and report on existing heritage items. Ensure appropriate measures are implemented to comply with all relevant legislation and other requirements as described in Section 3.1 of this Plan. 2.3 Targets The following targets have been established for the management of Aboriginal cultural heritage and non-aboriginal heritage impacts during the project: Ensure full compliance with the relevant legislative requirements and CoA. Minimise or avoid impacts on known Aboriginal and non-aboriginal heritage sites. Follow correct procedure and ensure notification of any previously unidentified heritage objects, places or human remains uncovered during construction are implemented as required by CoA D16 and D17. Ensure Aboriginal and non-aboriginal Cultural Heritage Awareness Training is provided to all personnel in the form of inductions before they begin work on-site. WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 3

11 3 Environmental requirements 3.1 Relevant legislation and guidelines Legislation Legislation relevant to heritage management includes: Environmental Planning and Assessment Act 1979 (EP&A Act). National Parks and Wildlife Act 1974 (NPW Act). National Parks & Wildlife Amendment Regulation 2009 Heritage Act 1977 (Heritage Act). Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth) Relevant provisions of the above legislation are explained in the register of legal and other requirements included in Appendix A1 of the CEMP Guidelines The main guidelines, specifications and policy documents relevant to this Plan include: Roads and Maritime QA Specification G36 Environmental Protection (Management System). Roads and Maritime Standard Procedure Unexpected Archaeological Finds (July 2012). Procedure for Aboriginal Cultural Heritage Consultation and Investigation (Roads and Maritime 2011). Aboriginal cultural heritage consultation requirements for proponents 2010 (DECCW 2010) (for reference only). Altering Heritage Assets (Heritage Office and DUAP 1996). Assessing Heritage Significance (NSW Heritage Office 2001). RTA Heritage Guidelines (March 2004). Archaeological Assessment Guidelines (NSW Heritage Office and NSW Department of Urban Affairs and Planning 1996). NSW Government s Aboriginal Participation in Construction Guidelines (2007). How to Prepare Archival Recording of Heritage Items (Heritage Branch 1998). Photographic Recording of Heritage Items Using Film or Digital Capture (Heritage Branch 2006). WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 4

12 3.2 Minister s Conditions of Approval The CoA relevant to this Plan are listed in Table 3-1 below. A cross reference is also included to indicate where the condition is addressed in this Plan or other Project management documents. Table 3-1 Conditions of Approval CoA No. Condition Requirements Document Reference D32 (e) a Construction Heritage Management Plan to ensure construction impacts on Aboriginal and non-aboriginal heritage will be appropriately avoided, minimised and managed. The Plan shall be developed in consultation with the Relevant Council, the NSW Heritage Council (for non- Aboriginal heritage) and Aboriginal stakeholders (for Aboriginal heritage), and include, but not necessarily be limited to: (i) in relation to Aboriginal Heritage: This Document Refer Appendix A4 of the CEMP for consultation (A) procedures for dealing with previously unidentified Aboriginal objects (excluding human remains), including cessation of works in the vicinity, assessment of the significance of the item(s) and determination of appropriate mitigation measures, including when works can re-commence, by a suitably qualified and experienced archaeologist in consultation with Department of Planning and Environment, OEH and Aboriginal stakeholders, and assessment of the consistency of any Aboriginal heritage impacts against the approved impacts of the SSI; (B) procedures for dealing with human remains, including cessation of works in the vicinity, notification of Department of Planning and Environment, NSW Police Force, OEH and Aboriginal stakeholders, and commitment to cease recommencing any works in the area unless authorised by the OEH and/or the NSW Police Force; (C) heritage training and induction processes for construction personnel (including procedures for keeping records of inductions) and obligations under the conditions of this approval including site identification, protection and conservation of Aboriginal cultural heritage; and (D) procedures for ongoing Aboriginal consultation and involvement for the duration of the SSI, in the event that previously unidentified Aboriginal objects are discovered; and Appendix A Section 4, Section 7 Appendix A Section 4, Section 7 Section 8.5 Appendix B Section 4.2 (ii) in relation to non-aboriginal Heritage: (A) listing of heritage Items directly and indirectly affected by the SSI Section 5.2 (B) details of management measures to be implemented to prevent and minimise impacts on heritage items (including measures to protect unaffected sites from vibration and other impacts during construction works in the vicinity); (C) details of monitoring and reporting requirements for impacts on heritage items; Section 7 Section 8 and Appendix A WestConnex - M4 Widening Major Civil Works Heritage Management Plan 5

13 CoA No. Condition Requirements Document Reference (D) procedures for dealing with previously unidentified heritage objects, (including cessation of works in the vicinity, assessment of the significance of the item(s) and determination of appropriate mitigation measures including when works can re-commence by a suitably qualified and experienced archaeologist in consultation with the OEH, NSW Heritage Council and Department of Planning and Environment, and assessment of the consistency of any heritage impacts against the approved impacts of the SSI; and (E) heritage training and induction processes for construction personnel (including procedures for keeping records of inductions and obligations under this approval including site identification, protection and conservation of non-aboriginal cultural heritage; and Appendix A Section 4, Section 7 Appendix B (iii) mechanisms for the monitoring, review and amendment of this plan. Sections 8 and 9 B9 The Proponent shall not destroy, modify or otherwise physically affect any heritage items outside the SSI footprint. Section 7 B10 B11 D15 D16 D17 The Proponent shall implement recommendations 1 to 5 of the WestConnex M4 Widening Project Pitt Street, Parramatta to Homebush Bay Drive, Homebush, Non-Indigenous Heritage Assessment and Statement of Heritage Impacts, Artefact Heritage, July Prior to conducting acoustic treatment at any heritage items in accordance with this approval, the Proponent shall obtain and implement the advice of an appropriately qualified and experienced built heritage expert to ensure any such work is carried out in a manner sympathetic to the heritage values of the item. In undertaking the Statement of Significant Impact (SSI), impacts to heritage, shall where feasible and reasonable, be avoided and minimised. Where impacts are unavoidable, works shall be undertaken in accordance with the strategy outlined in the Construction Heritage Management Plan required by condition D32(e). Where substantial intact archaeological relics of State or local significance are discovered during excavation, work must cease in the affected area and the Heritage Council, for archaeological relics of State significance, or the Heritage Office, for archaeological relics of local significance, must be notified in writing, in accordance with Section 145 of the Heritage Act An archaeological assessment including an archaeological methodology and research design (if appropriate) shall be prepared in consultation with the Heritage Council and in accordance with the 1996 Heritage Council Archaeological Assessment Guidelines. This approval does not allow the Proponent to destroy, modify or otherwise physically affect human remains as part of the SSI. Where previously un-identified heritage items are discovered during construction of the SSI, all work should stop in the affected area and a suitably qualified and experienced heritage expert should be contacted to provide specialist heritage advice. The measures to consider and manage this process, including the requirements of condition D16, should be specified in the Construction Heritage Management Plan required by condition D32(e) including approvals and, where relevant, notification of the Heritage Council of NSW in accordance with section 146 of the Heritage Act 1977 or registration in the OEH s Aboriginal Heritage Information Management System (AHIMS) register. Section 7 Section 4 Section 7 Section 7 and Appendix A Section4, 7 and Appendix A 3.3 Management measures from EIS and Submissions Report Relevant management measures are listed in Error! Reference source not found. below. This includes reference to required outcomes, the timing of when the commitment applies, relevant documents or sections of the EIS influencing the outcome and implementation. WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 6

14 Table 3-2 Management measures from EIS and Submissions Report Outcome Ref # Commitment Timing Reference Document HMP Reference Minimise impacts on Aboriginal Heritage Minimise impacts on non- Aboriginal heritage AH1 AH2 HH1 HH2 HH3 HH4 Project environmental management plans will include procedures to guide the management of any previously recorded Aboriginal sites/objects within the project area. Management response would vary depending on the nature of the find, its significance and likely impact. There will be protocols established and implemented to manage any previously unidentified Aboriginal objects or skeletal remains encountered during construction. All works in the vicinity of the find will cease to obtain Aboriginal heritage specialist advice and inform the Department of Environment, Climate Change and Water. The design and construction of the proposed new bridge over Duck River will aim to minimise impacts to the heritage listed wetlands adjacent to Duck River. Potential impacts of construction vibration on adjacent heritage items will be managed in accordance with the project noise and vibration management plan (NVMP). The proposed compound site located immediately to the west of Welfare Street would be screened to reduce the visual impact on the Welfare Street Precinct/Conservation area. Measures may include temporary barriers or suitable fencing. The Project s CEMP will include an Unexpected Finds procedure to guide the management of any archaeological sites identified during construction. The management response will vary depending on the nature of the find, its significance and likely impacts. HH5 All heritage items within the vicinity of the study area from Holroyd LEP 2013, including properties located on Tottenham Street, will be clearly identified on relevant figures in the CEMP. Construction Section of the EIS Section 7 Construction Section of the EIS Appendix A Pre-construction Section of the EIS Section 7 Construction Section of the EIS Refer to NVMP Construction Section of the EIS Sections 6 and 7 Pre-construction Section of the EIS Appendix A Pre-construction Submissions Report HH-5 Section 7 and Appendix C refer to Items; I14 & I16 I122 for Tottenham Street items eastern boundary of LGA. WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 7

15 4 Consultation 4.1 Consultation undertaken to date Aboriginal Consultation Consultation and collaboration with registered Aboriginal stakeholders has been integral to the assessment and management of Aboriginal cultural heritage for the project. Consultation with Aboriginal groups was undertaken in accordance with the Procedure for Aboriginal Cultural Heritage Consultation and Investigation (PACHCI) to provide a consistent means of effective consultation with the cultural heritage consultation requirements for proponents (Roads and Maritime, 2011). Representatives from two Aboriginal groups took part in the field survey and comment on potential impacts in July 2013 and February The two groups are listed below: Deerubbin Local Aboriginal Land Council. Metropolitan Local Aboriginal Land Council. Consultation is outlined in Chapter 7 of the EIS. In addition to the consultation undertaken in the preparation of the EIS, this HMP has been provided to the Aboriginal Groups listed above for review and comment. Refer to Appendix A4 of the CEMP for details of this consultation Non-Aboriginal Consultation Stakeholder consultation for the purpose of the Project has been undertaken with landowners adjoining the Project area and other stakeholders, including OEH and the Heritage Council of NSW. This included a number of consultation meetings, doorknocks and community updates. Additionally consultation has been carried out with local Councils through the development of this HMP, refer to Appendix A4 of the CEMP for details of this consultation. 4.2 Ongoing consultation Prior to commencing any works on site RCPBJV shall contact WCX and provide information on the scheduled work activities including details of consultation with site personnel and proposed protective measures for identified heritage areas. All procedures utilised during the construction works shall be in accordance with the requirements of National Parks & Wildlife Amendment Regulation 2009 and Roads and Maritime Procedure for Aboriginal Cultural Heritage Consultation & Investigation Nov The Environmental Manager will provide brief toolbox training sessions to the relevant site workers prior to them commencing their work activities in the vicinity of heritage areas (i.e. clearing and grubbing crews and earthwork activities personnel). In the event that any previously unidentified Aboriginal heritage objects are discovered during the construction of the Project, relevant personnel outlined in the Roads and Maritime Standard Management Procedure Unexpected Archaeological Finds (Appendix A) would be consulted regarding the find. In accordance with CoA D32 (i) (D) ongoing Aboriginal consultation and involvement will occur in the event that a previously unidentified aboriginal item is discovered. This will be done in accordance with the Unexpected finds procedure, refer Appendix A. WestConnex - M4 Widening Major Civil Works Heritage Management Plan 8

16 4.3 Project Contacts Table 4-1 Project-Specific Contacts Position/Name Phone Number Project Manager Mark Stevenson Site Environmental Manager Peter Monsted Regional Environmental Officer Aboriginal Cultural Heritage Advisor Consultant Archaeologist TBA Local Police Station: Strathfield OEH/ EPA: Environment Line WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 9

17 5 Existing Environment The following sections summarise what is known about Aboriginal and non-aboriginal heritage within and adjacent to the project corridor. The key reference documents are Section 8.7 and 8.8 of the EIS and Appendix J Technical Working Paper: Aboriginal heritage and Appendix K Technical working paper: Historic heritage. The project study area and relevant heritage data is shown in Figures Aboriginal cultural heritage No Aboriginal archaeological objects, sites or potential archaeological deposits were identified in the construction footprint or associated compound locations. No Aboriginal cultural features were identified in the project corridor by the Metropolitan Local Aboriginal Land Council or Deerubbin Local Aboriginal Land Council. From an archaeological perspective, the project area is noted to be a highly disturbed and modified environment exhibiting little potential artefact survivability. 5.2 Non-Aboriginal heritage Non-Aboriginal heritage items located within or adjacent to the project corridor are listed in Table 5-1 including their significance and applicable Local Environmental Plan (LEP) identifier. Table 5-1 Non-Aboriginal heritage items Name Location LEP item number Significance Federation Period Cottage 14 Meehan Street, Granville 97 (Holroyd LEP 1991) I10 (Draft Holroyd LEP 2012) Local Latalda 20 A Beckett Street, Granville I84 (Parramatta LEP 2011) Conjoined residences 22 and 24 A Beckett Street, Granville I85 (Parramatta LEP 2011) Conjoined residences 20 and 22 Albert Street, Granville I89 (Parramatta LEP 2011) Conjoined residences 24 and 26 Albert Street, Granville I90(Parramatta LEP 2011) Conjoined residences 18 and 20 Bowden Street, Harris Park I260 (Parramatta LEP 2011) Single storey residence 22 Bowden Street, Harris Park I261 (Parramatta LEP 2011) Local Local Local Local Local Local Wetlands (Parramatta) Parramatta, Duck River I1 (Parramatta LEP 2011) Local Archaeological Management Unit - AMU2968 Bounded by Unwin Street, James Ruse Drive, A'Beckett Creek, Duck River and the western boundary of Shell refinery. Parramatta LEP 2011 Local Stand of Eucalyptus longifolia Intersection of Hill Road and Parramatta Road I20 (Auburn LEP 2010) Local Welfare Street Precinct/ Conservation Parramatta Road, Homebush Bay West C6 (Strathfield LEP 2012) Local WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 10

18 Name Location LEP item number Significance Area Electricity Substation No Parramatta Road and 2 Silverwater Road, Auburn I1790 (Auburn LEP 2010) State Vauxhall Inn, c Parramatta Road, Granville 122 (LEP 1991) I11 (Draft LEP 2012) Local Capral Aluminium 3 11 Shirley Street, Rosehill I575 (Parramatta LEP 2011) RTA Depot 1B and 5 Unwin Street, Rosehill I576 (Parramatta LEP 2011) Local Local Pitt Cottage, late Victorian Cottage 114 Pitt Street, Granville I12 (Holroyd LEP 2013) Local Auburn North Public School and Ficus macrophylla, Parramatta Road, Auburn I4 (Auburn LEP 2010) Local Moreton Bay Fig Tree Dwelling 24 Silverwater Road, Silverwater I45 (Auburn LEP 2010) Local Former Ford Factory Building (brick façade) Parramatta Road, Homebush West I63 (Strathfield LEP 2012) Local Wentworth Hotel 195 Parramatta Road, Homebush West I62 (Strathfield LEP 2012) Local The Parramatta Historical Archaeological Landscape Management Study (PHALMS) (GML 2001) was commissioned to update and replace the previous archaeological zoning plan for Parramatta. The PHALMS is not a statutory list, however the Development Control Plan states that the PHALMS must be considered and its recommendations followed for developments that involve excavation. The PHALMS divides its study area into archaeological management units (AMUs) based on historical research and land disturbance. The AMUs are designated as having a low, moderate, high or exceptional archaeological potential. AMU 2968 falls within the study area of the M4 Widening Project and was assessed to be of moderate research potential and local significance. This area was part of Macarthur's Elizabeth Farm estate that was subdivided in the 1880s and developed as an industrial precinct. The physical archaeological evidence within this area may include structural features, open deposits and scatters, ecological samples and individual artefacts which have potential to yield information relating to major historic themes including Technology, Townships, Industry, Technology and Transport. The location of AMU2968 is shown on Environmentally Sensitive Area maps included within Appendix A6 of the CEMP. (Reference: Appendix K Technical working paper Historic heritage: WestConnex M4 Widening Project Pitt Street, Parramatta to Homebush Bay Drive, Homebush Non-Indigenous Heritage Assessment and Statement of Heritage Impacts, Artefact Heritage, July 2014). WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 11

19 Figure 5-1 Location of Heritage Items/Sites (Sheet 1 of 4) WestConnex - M4 Widening Major Civil Works Heritage Management Plan 12

20 Figure 5-2 Location of Heritage Items/Sites (Sheet 2 of 4) WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 13

21 Figure 5-3 Location of Heritage Items/Sites (Sheet 3 of 4) WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 14

22 Figure 5-4 Location of Heritage Items/Sites (Sheet 4 of 4) WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 15

23 6 Environmental aspects and impacts 6.1 Construction activities Key aspects of the project that could result in adverse impacts to Aboriginal and non-aboriginal heritage include: Early works such as services relocations. Installation of environmental impact mitigation measures including erosion and sediment controls, exclusion fencing etc). Initial clearing and/or grubbing of vegetation. Initial removal of topsoil. Construction of site compounds and spoil / mulch and / or equipment stockpile areas. Temporary access roads during construction. Excavations and earthworks. Excavations, vehicle movements and wind erosion causing dust emissions. Pile driving causing vibration. Use of other vibratory equipment such as rollers and other heavy machinery. Refer to Appendix A2 of the CEMP Aspects and Impacts Register. 6.2 Non-Aboriginal heritage impacts Table 6-1 summarises the non-aboriginal heritage items that are considered to be potentially or actually impacted by the works. Included in the table are management measures to implement to minimise and avoid impacts. Table 6-1 Non-Aboriginal heritage - impacts and management Name/ LEP No. Address Impact Management Federation Period Cottage 14 Meehan Street, Granville LEP No. 97 (Holroyd LEP 1991) LEP No. I10 (Draft Holroyd LEP 2012) Latalda LEP No. I84 (Parramatta LEP 2011) Conjoined residences (LEP item 185) Conjoined residences (LEP item 189) Conjoined residences (LEP item 190) Conjoined residences (LEP item 1260) 20 A Beckett Street, Granville 22 and 24 A Beckett Street, Granville 20 and 22 Albert Street, Granville 24 and 26 Albert Street, Granville 18 and 20 Bowden Street, Harris Park Possible vibration impacts (indirect) Minimise vibration impacts Refer to vibration mitigation measures in NVMP Pre and post construction dilapidation surveys to be undertaken. Monitoring during vibration emitting works. Single storey residence (LEP item 1261) 22 Bowden Street, Harris Park Wetlands (Parramatta) Possible construction impacts over Duck Design and construct to minimise impacts. WestConnex - M4 Widening Major Civil Works Heritage Management Plan 16

24 Name/ LEP No. Address Impact Management River (direct and indirect) Stand of Eucalyptus longifolia Intersection of Hill Road and Parramatta Road Possible impact to trees on northern edge of eastern half of item, however, as trees are immature, no negative heritage impact (direct) Avoid disturbance/ construct temporary exclusion fencing. Exclusion zone established prior to working in the area, including fencing and no-go signage. Welfare Street Precinct/ Conservation Area Parramatta Road, Homebush Bay West Temporary visual impact during construction (indirect) Screen compound site west of Welfare Street I4 (Auburn LEP 2010) Auburn North Public School and Ficus macrophylla, Moreton Bay Fig Tree Parramatta Road, Auburn Potential vibration impacts Minimise vibration impact. Pre and post construction dilapidation surveys to be undertaken. Monitoring during vibration emitting works. WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 17

25 7 Environmental mitigation and management measures A range of environmental requirements and control measures are identified in the various environmental documents, including the EIS, Submissions Report, supplementary assessments, Conditions of Approval and other Roads and Maritime documents. Specific measures and requirements to address impacts on Aboriginal and non-aboriginal heritage are outlined in Table 7.1 WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 18

26 Table 7-1 Heritage management and mitigation measures ID Measure / Requirement Resources needed When to implement GENERAL H1 H2 H3 H4 Training will be provided to all project personnel, including relevant sub-contractors on Aboriginal and non-aboriginal heritage requirements from this plan through inductions, toolboxes and targeted training. RCPBJV shall not destroy, modify or otherwise physically affect any heritage items outside the SSI footprint. If any unexpected heritage items are encountered, works potentially affecting the find would cease immediately and the Roads and Maritime Standard Management Procedure Unexpected Archaeological Finds (July 2012) (refer Appendix A) would be followed. If suspected human skeletal remains are encountered, works potentially affecting the find would cease immediately and Roads and Maritime Standard Management Procedure Unexpected Archaeological Finds (July 2012) (refer Appendix A) would be followed. If any project works (such as an ancillary facility) is proposed to occur in an area beyond the extent of previous heritage survey and assessment, additional survey assessment will be undertaken before proceeding. Roads and Maritime Standard Management Procedure Unexpected Archaeological Finds (November 2011) (refer Appendix A of this HMP) Roads and Maritime Standard Management Procedure Unexpected Archaeological Finds (July 2012) (refer Appendix A of this HMP) Roads and Maritime Standard Management Procedure Unexpected Archaeological Finds (November 2011) (refer Appendix A of this HMP) SITE SPECIFIC NON-ABORIGINAL HERITAGE MANAGEMENT / MITIGATION MEASURES H5 Reduce visual impacts of compound site by installing temporary barriers or some other screening measures. H6 Potential impacts of construction vibration adjacent heritage NVMP items will be minimised through the implementation of the Vibration monitoring following mitigation measures: form - When working close to heritage items and occupied buildings, the smallest suitable vibratory equipment will be Pre-construction Construction Construction Construction Pre-construction Construction WestConnex - M4 Widening Major Civil Works Heritage Management Plan 19 Responsibility Environmental Manager Foreman All personnel and subcontractors All personnel and subcontractors Reference CoA D16 G36 Sections 4.9 and 4.10 CoA D16 & D 17 EIS Section AH-1 and Section HH-4 G36 Sections 4.9 and 4.10 Submissions Report HH-4 and AH-1 CoA D17 EIS Section AH-2 G36 Sections 4.9 and 4.10 Submissions Report AH2 Environmental Manager G36 Section 4.15 CoA D28 Pre-Construction Foreman EIS Chapter HH-3 Submissions Report HH-3 Construction Environmental Manager EIS Chapter HH-2 Foreman Submissions Report HH-2 NVMP

27 ID Measure / Requirement Resources needed When to implement selected; - undertake vibration monitoring of the plant/equipment at the commencement of the vibratory works to confirm compliance with criteria in the NVMP. - safe buffer distances implemented and maintained throughout construction H7 The design and construction of the proposed new bridge CEMP Construction over Duck River will aim to minimise impacts to the heritage SWMP listed wetlands adjacent to Duck River. EWMS for working H8 H9 H10 H11 The design and construction of the on-ramp at Hill Road should aim to minimise impacts to the heritage listed stand of mature trees. Any remnant vegetation impacted should be replanted. Care should be taken to reduce visual impacts on the Welfare Street Precinct/Conservation Area from the proposed compound site to its immediate west. As the compound site is temporary, and would only be required for the duration of the proposed works, this could be achieved through the installation of temporary barriers or some other screening measures. Parramatta City Council shall be notified of the works at the Duck River, located within Parramatta Archaeological Management Unit (AMU) All heritage items within the vicinity of the study area from Holroyd LEP 2013, including properties located on Tottenham Street, will be clearly identified on relevant figures in the CEMP. near waterways CEMP FFMP EWMS CEMP AFMP CEMP CIP Appendix C EWMS Design/ Construction Pre-Construction Pre-Construction Construction Responsibility Project Engineer Environmental Manager Design Manager Project Engineer Environmental Manager Project Engineer Environmental Manager Project Engineer Environmental Manager Reference EIS Chapter EIS Appendix K (Non- Indigenous Heritage Assessment and Statement of Heritage Impacts) EIS Appendix K (Non- Indigenous Heritage Assessment and Statement of Heritage Impacts) EIS Appendix K (Non- Indigenous Heritage Assessment and Statement of Heritage Impacts) Submissions Report (HH5) H12 Note that should construction works be proposed in the vicinity of these heritage sites, the specific locations shall be shown on the relevant activity specific EWMS. Refer to Table 6-1 of this HMP for additional mitigation measures to be implemented to reduce potential impacts to heritage items Table 6-1 NVMP At all stages Project Manager, Environmental Manager EIS Appendix K (Non- Indigenous Heritage Assessment and Statement of Heritage Impacts) WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan NVMP 20

28 8 Compliance management 8.1 Roles and responsibilities The RCPBJV Project Team s organisational structure and overall roles and responsibilities are outlined in Section 4.2 of the CEMP. Specific responsibilities for the implementation of environmental controls are detailed in Section 6 of this Plan. 8.2 Training All employees, contractors and utility staff working on site will undergo site induction training relating to Aboriginal and non-aboriginal heritage management issues. Appendix B contains a training document regarding Aboriginal and Artefact identification which should be provided to workers during inductions. The induction training will address elements related to heritage management including: Existence and requirements of this sub-plan. Relevant legislation. Roles and responsibilities for heritage management. Location of identified heritage sites. Proposed heritage management and protection measures. Aboriginal cultural heritage awareness. Procedure to follow in the event of an unexpected heritage item find during construction works Roads and Maritime Standard Management Procedure Unexpected Archaeological Finds (July 2012) (Refer Appendix A)). Procedure to follow in the event of discovery of human remains during construction works Roads and Maritime Standard Management Procedure Unexpected Archaeological Finds (July 2012) (Refer Appendix A)). Further details regarding staff induction and training are outlined in Section 5 of the CEMP. 8.3 Monitoring and inspections Inspections of sensitive areas and activities with the potential to impact Aboriginal and non- Aboriginal heritage will occur for the duration of the project. Some specific monitoring requirements in relation to some items have been documented in Table 7-1. Requirements and responsibilities in relation to monitoring and inspections are documented in Sections 8.1 and 8.2 of the CEMP. 8.4 Auditing Audits (both internal and external) will be undertaken to assess the effectiveness of environmental controls, compliance with this sub plan, CoA and other relevant approvals, licenses and guidelines. Audit requirements are detailed in Section 8.3 of the CEMP. 8.5 Reporting Reporting requirements and responsibilities are documented in Sections 8.3 and 8.5 of the CEMP. WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 21

29 9 Review and improvement 9.1 Continuous improvement Continuous improvement of this plan will be achieved by the ongoing evaluation of environmental management performance against environmental policies, objectives and targets for the purpose of identifying opportunities for improvement. The continuous improvement process will be designed to: Identify areas of opportunity for improvement of environmental management and performance. Determine the cause or causes of non-conformances and deficiencies. Develop and implement a plan of corrective and preventative action to address any nonconformances and deficiencies. Verify the effectiveness of the corrective and preventative actions. Document any changes in procedures resulting from process improvement. Make comparisons with objectives and targets. 9.2 HMP update and amendment The processes described in Section 9 and Section 10 of the CEMP may result in the need to update or revise this Plan. This will occur as needed. Any revisions to the HMP will be in accordance with the process outlined in Section 1.6 of the CEMP. A copy of the updated plan and changes will be distributed to all relevant stakeholders in accordance with the approved document control procedure refer to Section 10.2 of the CEMP. WestConnex - M4 Widening Major Civil Works Construction Heritage Management Plan 22

30 Appendix A Roads and Maritime Standard Management Procedure Unexpected Archaeological Finds

31 Unexpected Heritage Items Heritage Procedure 02 November 2015

32 BLANK PAGE Heritage Procedure 2: Unexpected Heritage Items ii

33 Contents 1 Purpose Scope Types of unexpected heritage items and their legal protection Aboriginal objects Historic heritage items Human skeletal remains Responsibilities Acronyms Overview of the Procedure Unexpected heritage items procedure Seeking advice Related information Key environmental contacts About this release Appendices Appendix A Identifying Unexpected Heritage items Appendix B Unexpected Heritage Item Recording Form 418 Appendix C Photographing Unexpected Heritage Items Appendix D Key Environment Contacts Appendix E Uncovering Bones Appendix F Archaeological Advice Checklist Appendix G Template Notification Letter Appendix H Identifying Unexpected Heritage items Please note This procedure applies to all development and activities concerning roads, road infrastructure and road related assets undertaken by Roads and Maritime. For advice on how to manage unexpected heritage items as a result of activities related to maritime infrastructure projects, please contact the Senior Environmental Specialist (Heritage). Heritage Procedure 2: Unexpected Heritage Items iii

34 1 Purpose This procedure has been developed to provide a consistent method for managing unexpected heritage items (both Aboriginal and non-aboriginal) that are discovered during Roads and Maritime activities. This procedure includes Roads and Maritime s heritage notification obligations under the Heritage Act 1977 (NSW), National Parks and Wildlife Act 1974 (NSW), Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) and the Coroner s Act 2009 (NSW). This document provides relevant background information in Section 3, followed by the technical procedure in Sections 6 and 7. Associated guidance referred to in the procedure can be found in Appendices A-H. Heritage Procedure 2: Unexpected Heritage Items

35 2 Scope This procedure assumes that an appropriate level of Aboriginal and non-aboriginal heritage assessment has been completed before work commences on site. In some cases, such as exempt development, detailed heritage assessment may not be required. Despite appropriate and adequate investigation, unexpected heritage items may still be discovered during maintenance and construction works. When this happens, this procedure must be followed. This procedure provides direction on when to stop work, where to seek technical advice and how to notify the regulator, if required. This procedure applies to all Road and Maritime construction and maintenance activities This procedure applies to: The discovery of any unexpected heritage item (usually during construction), where Roads and Maritime does not have approval to disturb the item or where safeguards for managing the disturbance (apart from this procedure) are not contained in the environmental impact assessment. All Roads and Maritime projects that are approved or determined under Part 3A (including Transitional Part 3A Projects), Part 4, Part 5 or Part 5.1 of the Environmental Planning and Assessment Act 1979 (EP&A Act), or any development that is exempt under the Act. This procedure must be followed by Roads and Maritime staff, alliance partners (including local council staff working under Road Maintenance Council Contracts, [RMCC]), developers under works authorisation deeds or any person undertaking Part 5 assessment for Roads and Maritime. This procedure does not apply to: The legal discovery and disturbance of heritage items as a result of investigations being undertaken in accordance with OEH s Code of Practice for the Archaeological Investigation of Aboriginal Objects in NSW (2010); an Aboriginal Heritage Impact Permit (AHIP) issued under the National Parks and Wildlife Act 1974; or an approval issued under the Heritage Act The legal discovery and disturbance of heritage items as a result of investigations (or other activities) that are required to be carried out for the purpose of complying with any environmental assessment requirements under Part 3A (including Transitional Part 3A Projects) or Part 5.1 of the EP&A Act. The legal discovery and disturbance of heritage items as a result of construction related activities, where the disturbance is permissible in accordance with an AHIP 2 ; an approval issued under the Heritage Act 1977; the Minister for 1 RMS heritage obligations are incorporated into the conditions of heritage approvals. 2 RMS Procedure for Aboriginal cultural heritage consultation and investigation (2011) recommends that Part 4 and Part 5 projects that are likely to impact Aboriginal objects during construction seek a whole-of-project AHIP. This type of AHIP generally allows a project to impact known and potential Aboriginal objects within the entire project area, without the need to stop works. It should be noted that an AHIP may exclude impact to certain objects and areas, such as burials or ceremonial sites. In such cases, the project must follow this procedure. Heritage Procedure 2: Unexpected Heritage Items

36 Planning s conditions of project approval; or safeguards (apart from this procedure) that are contained in the relevant environmental impact assessment. All construction environment management plans (CEMPs) must make reference to and/or include this procedure (often included as a heritage sub-plan). Where approved CEMPs exist they must be followed in the first instance. Where there is a difference between approved CEMPs and this procedure, the approved CEMP must be followed. Where an approved CEMP does not provide sufficient detail on particular issues, this procedure should be used as additional guidance. When in doubt always seek environment and legal advice on varying approved CEMPs. Heritage Procedure 2: Unexpected Heritage Items

37 3 Types of unexpected heritage items and their legal protection The roles of project, field and environmental staff are critical to the early identification and protection of unexpected heritage items. Appendix A illustrates the wide range of heritage discoveries found on Roads and Maritime projects and provides a useful photographic guide. Subsequent confirmation of heritage discoveries must then be identified and assessed by technical specialists (usually an archaeologist). An unexpected heritage item means any unanticipated discovery of an actual or potential heritage item, for which Roads and Maritime does not have approval to disturb 3 or does not have a safeguard in place (apart from this procedure) to manage the disturbance. These discoveries are categorised as either: (a) Aboriginal objects (b) Historic (non-aboriginal) heritage items (c) Human skeletal remains. The relevant legislation that applies to each of these categories is described below. 3.1 Aboriginal objects The National Park and Wildlife Act 1974 protects Aboriginal objects which are defined as: any deposit, object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non Aboriginal extraction, and includes Aboriginal remains 4. Examples of Aboriginal objects include stone tool artefacts, shell middens, axe grinding grooves, pigment or engraved rock art, burials and scarred trees. IMPORTANT! All Aboriginal objects, regardless of significance, are protected under law. If any impact is expected to an Aboriginal object, an Aboriginal Heritage Impact Permit (AHIP) is usually required from the Office of Environment and Heritage (OEH) 5. Also, when a person becomes aware of an Aboriginal object they must notify 3 Disturbance is considered to be any physical interference with the item that results in it being destroyed, defaced, damaged, harmed, impacted or altered in any way (this includes archaeological investigation activities). 4 Section 5(1) National Park and Wildlife Act Except when Part 3A, Division 4.1 of Part 4 or Part 5.1 of the EP&A Act applies. Heritage Procedure 2: Unexpected Heritage Items

38 the Director-General of OEH about its location 6. Assistance on how to do this is provided in Section 7 (Step 5). 3.2 Historic heritage items Historic (non-aboriginal) heritage items may include: Archaeological relics Other historic items (i.e. works, structures, buildings or movable objects) Archaeological relics The Heritage Act 1977 protects relics which are defined as: any deposit, artefact, object or material evidence that relates to the settlement of the area that comprises NSW, not being Aboriginal settlement; and is of State or local heritage significance 7. Relics are archaeological items of local or state significance which may relate to past domestic, industrial or agricultural activities in NSW, and can include bottles, remnants of clothing, pottery, building materials and general refuse. IMPORTANT! All relics are subject to statutory controls and protections. If a relic is likely to be disturbed, a heritage approval is usually required from the NSW Heritage Council 8. Also, when a person discovers a relic they must notify the NSW Heritage Council of its location 9. Advice on how to do this is provided in Section 7 (Step 5) Other historic items Some historic heritage items are not considered to be relics ; but are instead referred to as works, buildings, structures or movable objects. Examples of these items that Roads and Maritime may encounter include culverts, historic road formations, historic pavements, buried roads, retaining walls, tramlines, cisterns, fences, sheds, buildings and conduits. Although an approval under the Heritage Act 1977 (NSW) may not be required to disturb these items, their discovery must be managed in accordance with this procedure. As a general rule, an archaeological relic requires discovery or examination through the act of excavation. An archaeological excavation permit under Section 140 of the Heritage Act is required to do this. In contrast, other historic items either exist above the ground s surface (e.g. a shed), or they are designed to operate and exist beneath the ground s surface (e.g. a culvert). 6 This is required under s89(a) of the National Park and Wildlife Act 1974 (NSW) and applies to all projects assessed under Part 3A, Part 4, Part 5 and Part 5.1 of the EP&A Act, including exempt development. 7 Section 4(1) Heritage Act Except when Part 3A, Division 4.1 of Part 4 or Part 5.1 of the EP&A Act applies. 9 This is required under s146 of the Heritage Act 1977 and applies to all projects assessed under Part 3A, Part 4, Part 5 and Part 5.1 of the EP&A Act, including exempt development. Heritage Procedure 2: Unexpected Heritage Items

39 Despite this difference, it should be remembered that relics can often be associated with other heritage items, such as archaeological deposits within cisterns and underfloor deposits under buildings. 3.3 Human skeletal remains Human skeletal remains can be classed as: Reportable deaths Aboriginal objects Relics Where it is suspected that less than 100 years has elapsed since death, human skeletal remains come under the jurisdiction of the State Coroner and the Coroners Act 2009 (NSW). Under s 35(2) of the Act, a person must report the death to a police officer, a coroner or an assistant coroner as soon as possible. This applies to all human remains less than 100 years old 10 regardless of ancestry. Public health controls may also apply. Where remains are suspected of being more than 100 years old, they are considered to be either Aboriginal objects or non-aboriginal relics depending on the ancestry of the individual. Aboriginal human remains are protected under the National Parks and Wildlife Act 1974, while non-aboriginal remains are protected under the Heritage Act The approval and notification requirements of these Acts are described above in sections 3.1 and 3.2. Additionally, the discovery of Aboriginal human remains also triggers notification requirements to the Commonwealth Minister for the Environment under s 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth). IMPORTANT! All human skeletal remains are subject to statutory controls and protections. All bones must be treated as potential human skeletal remains and work around them must stop while they are protected and investigated urgently.. Guidance on what to do when suspected human remains are found is in Appendix E. 10 Under s 19 of the Coroners Act 2009, the coroner has no jurisdiction to conduct an inquest into reportable death unless it appears to the coroner that (or that there is reasonable cause to suspect that) the death or suspected death occurred within the last 100 years. Heritage Procedure 2: Unexpected Heritage Items

40 4 Responsibilities The following roles and responsibilities are relevant to this procedure: Role Aboriginal Cultural Heritage Advisor (ACHA) Aboriginal Sites Officer (ASO) Archaeologist (A) Project Manager (PM) Regional Environment Staff (RES) Registered Aboriginal Parties (RAPs) Senior Environmental Specialist (Heritage) (SES(H)) Team Leader - Regional Maintenance Delivery (TL-RMD) Technical Specialist Definition/responsibility Provides Aboriginal cultural heritage advice to project teams. Acts as Aboriginal community liaison for projects on cultural heritage matters. Engages and consults with the Aboriginal community as per the Roads and Maritime Procedure for Aboriginal Cultural Heritage Consultation and Investigation. Is an appropriately trained and skilled Aboriginal person whose role is to identify and assess Aboriginal objects and cultural values. For details on engaging Aboriginal Sites Officers, refer to Roads and Maritime Procedure for Aboriginal Cultural Heritage Consultation and Investigation. Professional consultant, contracted on a case-by-case basis to provide heritage and archaeological advice and technical services (such as reports, heritage approval documentation etc). Major projects with complex heritage issues often have an on call Project archaeologist. Ensures all aspects of this procedure are implemented. The PM can delegate specific tasks to a construction environment manager, Roads and Maritime site representatives or regional environment staff, where appropriate. Provides advice on this procedure to project teams. Ensuring this procedure is implemented consistently by supporting the PM. Supporting project teams during the uncovering of unexpected finds. Reviewing archaeological management plans and liaising with heritage staff and archaeological consultants as needed. RAPs are Aboriginal people who have registered with Roads and Maritime to be consulted about a proposed Roads and Maritime project or activity in accordance with OEH s Aboriginal cultural heritage consultation requirements for proponents (2010). Provides technical assistance on this procedure and archaeological technical matters, as required. Reviewing the archaeological management plans and facilitating heritage approval applications, where required. Assists with regulator engagement, where required. Ensures Regional Maintenance Delivery staff stop work in the vicinity of an unexpected heritage item. Completes Unexpected Heritage Item Recording Form 418 and notifies WS-RMD. Professional consultant contracted to provide specific technical advice that relates to the specific type of unexpected heritage find (eg a forensic or physical anthropologist who can identify and analyse human skeletal Heritage Procedure 2: Unexpected Heritage Items

41 Works Supervisor - Regional Maintenance Delivery (WS-RMD) remains). Ensures Regional Maintenance Delivery staff are aware of this procedure. Supports the Team Leader - Regional Maintenance Delivery during the implementation of this procedure and ensures reporting of unexpected heritage items through environment management systems. Heritage Procedure 2: Unexpected Heritage Items

42 5 Acronyms The following acronyms are relevant to this procedure: Acronym Meaning A Archaeologist ACHA Aboriginal Cultural Heritage Advisor AHIP Aboriginal Heritage Impact Permit ASO Aboriginal Site Officer CEMP Construction Environment Management Plan OEH Office of Environment and Heritage. PACHCI Procedure for Aboriginal Cultural Heritage Consultation and Investigation PM Project Manager RAP Registered Aboriginal Parties RES Regional Environmental Staff SES(H) Senior Environmental Specialist (Heritage) TL-RMD Team Leader Regional Maintenance Division RMD Regional Maintenance Delivery RMS Roads and Maritime WS-RMD Works Supervisor - Regional Maintenance Division Heritage Procedure 2: Unexpected Heritage Items

43 6 Overview of the Procedure On discovering something that could be an unexpected heritage item ( the item ), the following procedure must be followed. There are eight steps in the procedure. These steps are summarised in Figure 1 below and explained in detail in Section 7. Unexpected item discovered 1. Stop work, protect item and inform Roads and Maritime environment staff 2. Contact and engage an archaeologist, and where required, an Aboriginal Site Officer. 3. Complete a preliminary assessment and recording of the item 4. Formulate an archaeological or heritage management plan 5. Formally notify the regulator by letter, if required 6. Implement archaeological or heritage management plan Item not heritage 7. Review CEMPs and approval conditions 8. Resume work Figure 1: Overview of steps to be undertaken on the discovery of an unexpected heritage item. IMPORTANT! RMS may have approval or specific safeguards in place (apart from this procedure) to impact on certain heritage items during construction. If you discover a heritage item and you are unsure whether an approval or safeguard is in place, STOP works and follow this procedure. Heritage Procedure 2: Unexpected Heritage Items

44 7 Unexpected heritage items procedure Table 1: Specific tasks to be implemented following the discovery of an unexpected heritage item. Aboriginal Cultural Heritage Advisor (ACHA); Aboriginal Sites Officer (ASO); Archaeologist (A); Project Manager (PM); Regional Environment Staff (RES); Registered Aboriginal Parties (RAPs); Senior Environmental Specialist (Heritage) (SES(H)); Team leader Roads and Maintenance Division (TL - RMD); Works supervisor Roads and Maintenance Division (WS - RMD). Step Task Responsibility Guidance & Tools Stop work, protect item and inform Roads and Maritime environment staff Stop all work in the immediate area of the item and notify the Project Manager or Team Leader-RMD. (For maintenance activities, the Team Leader is to also notify the Works Supervisor-RMD) 1.2 Establish a no-go zone around the item. Use high visibility fencing, where practical. PM or TL-RMD Inform all site personnel about the no-go zone. No further interference, including works, ground disturbance, touching or moving the item must occur within the no-go zone. Inspect, document and photograph the item using Unexpected Heritage Item Recording Form 418. All PM or TL-RMD PM or TL-RMD Appendix A (Identifying Unexpected Heritage items) Appendix B (Unexpected Heritage Item Recording Form 418) Appendix C (Photographing Unexpected Heritage items) Heritage Procedure 2: Unexpected Heritage Items

45 Step Task Responsibility Guidance & Tools Is the item likely to be bone? 1.5 If yes, follow the steps in Appendix E Uncovering bones. Where it is obvious that the bones are human remains, you must notify the local police by telephone immediately. They may take command of all or part of the site. PM or WS-RMD Appendix E (Uncovering Bones) If no, proceed to next step. 1.6 Is the item likely to be: a) A relic? (A relic is evidence of past human activity which has local or state heritage significance. It may include items such as bottles, utensils, remnants of clothing, crockery, personal effects, tools, machinery and domestic or industrial refuse) and/or b) An Aboriginal object? (An Aboriginal object may include a shell midden, stone tools, bones, rock art or a scarred tree). PM or WS-RMD Appendix A (Identifying heritage items) If yes, proceed directly to Step 1.8 If no, proceed to next step. Is the item likely to be a work, building or standing structure? (This may include tram tracks, kerbing, historic road pavement, fences, sheds or building foundations). 1.7 If yes, can works avoid further disturbance to the item? (E.g. if historic road base/tram tracks have been exposed, can they be left in place?) If yes, works may proceed without further disturbance to the item. Complete Step 1.8 within 24 hours. PM or WS-RMD Appendix A (Identifying heritage items) If works cannot avoid further disturbance to the item, works must not recommence at this time. Complete the remaining steps in this procedure. Heritage Procedure 2: Unexpected Heritage Items

46 Step Task Responsibility Guidance & Tools 1.8 Inform relevant Roads and Maritime Regional Environmental Staff of item by providing them with the completed Form 418. PM or WS-RMD (RES) Appendix D (Key Environmental Contacts) Regional Environmental Staff to advise Project Manager or Works Supervisor whether RMS has an approval or safeguard in place (apart from this procedure) to impact on the item. (An approval may include an approval under the Heritage Act, the National Parks and Wildlife Act or the Planning and Assessment Act). 1.9 Does RMS have an approval, permit or appropriate safeguard in place to impact on the item? If yes, work may recommence in accordance with the approval, permit or safeguard. There is no further requirement to follow this procedure. If no, continue to next step Liaise with Traffic Management Centre where the delay is likely to affect traffic flow. PM or WS-RMD Report the item as a Reportable Event in accordance with the Roads and Maritime Environmental Incident Classification and Reporting Procedure. Implement any additional reporting requirements related to the project s approval and CEMP, where relevant. Contact and engage an archaeologist and, where required, an Aboriginal site officer Contact the Project (on-call) Archaeologist to discuss the location and extent of the item and to arrange a site inspection, if required. The project CEMP may contain contact details of the Project Archaeologist. PM or WS-RMD PM or WS-RMD (A; RES; SES(H)) RMS Environmental Incident Classification and Reporting Procedure Also see Appendix D (Key Environmental Contacts) OR Heritage Procedure 2: Unexpected Heritage Items

47 Step Task Responsibility Guidance & Tools Where there is no project archaeologist engaged for the works, engage a suitably qualified and experienced archaeological consultant to assess the find. A list of heritage consultants is available on the RMS contractor panels on the Buyways homepage. Regional environment staff and Roads and Maritime heritage staff can also advise on appropriate consultants. Where the item is likely to be an Aboriginal object, speak with your Aboriginal Cultural Heritage Advisor to arrange for an Aboriginal Sites Officer to assess the find. Generally, an Aboriginal Sites Officer would be from the relevant local Aboriginal land council. If an alternative contact person (ie a RAP) has been nominated as a result of previous consultation, then that person is to be contacted. If requested, provide photographs of the item taken at Step 1.4 to the archaeologist, and Aboriginal Sites Officer if relevant. 3 Preliminary assessment and recording of the find In a minority of cases, the archaeologist (and Aboriginal Sites Officer, if relevant) may determine from the photographs that no site inspection is required because no archaeological constraint exists for the project (eg the item is not a relic, a heritage item or an Aboriginal object ). Any such advice should be provided in writing (eg via ) and confirmed by the Project Manager or Works Supervisor - RMD. Arrange site access for the archaeologist (and Aboriginal Sites Officer, if relevant) to inspect the item as soon as practicable. In the majority of cases a site inspection is required to conduct a preliminary assessment. Subject to the archaeologist s assessment (and the Aboriginal Sites Officer s assessment, if relevant), work may recommence at a set distance from the item. This is to protect any other archaeological material that may exist in the vicinity, which has not yet been uncovered. Existing protective fencing established in Step 1.2 may need to be adjusted to PM or WS-RMD (ACHA; ASO) PM or WS-RMD (RES) A/PM/ASO/ WS- RMD PM or WS-RMD A/PM/ASO/ WS- RMD Buyways Appendix C (Photographing Unexpected Heritage items) Proceed to Step 8 Heritage Procedure 2: Unexpected Heritage Items

48 Step Task Responsibility Guidance & Tools reflect the extent of the newly assessed protective area. No works are to take place within this area once established. The archaeologist (and Aboriginal Sites Officer, if relevant) may provide advice after the site inspection and preliminary assessment that no archaeological constraint exists for the project (eg the item is not a relic, a heritage item or an Aboriginal object ). Any such advice should be provided in writing (eg via ) and confirmed by the Project Manager or Works Supervisor - RMD. Where required, seek additional specialist technical advice (such as a forensic or physical anthropologist to identify skeletal remains). Regional environment staff and/or Roads and Maritime heritage staff can provide contacts for such specialist consultants. Where the item has been identified as a relic, heritage item or an Aboriginal object the archaeologist should formally record the item. The regulator can be notified informally by telephone at this stage by the archaeologist, Project Manager (or delegate) or Works Supervisor - RMD. Any verbal conversations with regulators must be noted on the project file for future reference. 4 Prepare an archaeological or heritage management plan The archaeologist must prepare an archaeological or heritage management plan (with input from the Aboriginal Sites Officer, where relevant) shortly after the site inspection. This plan is a brief overview of the following: (a) description of the feature, (b) historic context, if data is easily accessible, (c) likely significance, (d) heritage approval and regulatory notification requirements, (e) heritage reporting requirements, (f) stakeholder consultation requirements, (g) relevance to other project approvals and management plans etc. In preparing the plan, the archaeologist with the assistance of regional environment staff must review the CEMP, any heritage sub-plans, any conditions of heritage approvals, conditions of project approval (and or Minister s Conditions of Approval) and heritage assessment documentation (eg Aboriginal Cultural Heritage Assessment Report). This will outline if the unexpected item is consistent with previous heritage/project approval(s) A/PM/ASO/ WS- RMD RES/SES(H) A PM/A/WS-RMD A/ASO A/RES/PM Proceed to Step 8 Appendix D (Key Environmental Contacts) Appendix F (Archaeological/ Heritage Advice Checklist) Appendix F (Archaeological/ Heritage Advice Checklist) Heritage Procedure 2: Unexpected Heritage Items

49 Step Task Responsibility Guidance & Tools and/or previously agreed management strategies. The Project Manager and regional environment staff must provide all relevant documents to the archaeologist to assist with this. Discussions should occur with design engineers to consider if re-design options exist and are appropriate. The archaeologist must submit this plan as a letter, brief report or to the Project Manager outlining all relevant archaeological or heritage issues. This plan should be submitted to the Project Manager as soon as practicable. Given that the archaeological management plan is an overview of all the necessary requirements (and the urgency of the situation), it should take no longer than two working days to submit to the Project Manager. The Project Manager or Works Supervisor must review the archaeological or heritage management plan to ensure all requirements can reasonably be implemented. Seek additional advice from regional environment staff and Roads and Maritime heritage staff, if required. 5 Notify the regulator, if required. 5.1 Review the archaeological or heritage management plan to confirm if regulator notification is required. Is notification required? If no, proceed directly to Step 6 A PM/RES/SES(H)/ WS-RMD PM/RES/SES(H)/ WS-RMD If yes, proceed to next step. 5.2 If notification is required, complete the template notification letter. PM or WS-RMD 5.3 Forward the draft notification letter, archaeological or heritage management plan and the site recording form to regional environment staff and Senior Environmental Specialist (Heritage) for review, and consider any suggested amendments. PM/RES/SES(H)/ WS-RMD Appendix G (Template Notification Letter) Heritage Procedure 2: Unexpected Heritage Items

50 Step Task Responsibility Guidance & Tools Forward the signed notification letter to the relevant regulator (ie notification of relics must be given to the Heritage Division, Office of Environment and Heritage (OEH), while notification for Aboriginal objects must be given to the relevant Aboriginal section of OEH). Informal notification (via a phone call or ) to the regulator prior to sending the letter is appropriate. The archaeological management plan and the completed site recording form must be submitted with the notification letter. For Part 3A and Part 5.1 projects, the Department of Planning and Environment must also be notified. A copy of the final signed notification letter, archaeological or heritage management plan and the site recording form should be kept on file by the Project Manager or Works Supervisor- RMD and a copy sent to the Senior Environmental Specialist (Heritage). 6 Implement archaeological or heritage management plan Modify the archaeological or heritage management plan to take into account any additional advice resulting from notification and discussions with the regulator. Implement the archaeological or heritage management plan. Where impact is expected, this would include such things as a formal assessment of significance and heritage impact assessment, preparation of excavation or recording methodologies, consultation with registered Aboriginal parties, obtaining heritage approvals etc, if required. Where heritage approval is required contact regional environment staff for further advice and support material. Please note time constraints associated with heritage approval preparation and processing. Project scheduling may need to be revised where extensive delays are expected. For Part 3A/Part 5.1 projects, assess whether heritage impact is consistent with the project approval or if project approval modification is required from the Department of Planning and Environment. Seek advice from regional environment staff and Environment Branch specialist staff if unsure. PM or WS-RMD PM or WS-RMD A/PM or WS- RMD (RES) PM or WS-RMD (RAPs and RES) PM/RES/WS- RMD PM/RES Appendix D (Key Environmental Contacts) PACHCI Stage 3 Heritage Procedure 2: Unexpected Heritage Items

51 Step Task Responsibility Guidance & Tools Where statutory approvals (or project approval modification) are required, impact upon relics and/or Aboriginal objects must not occur until heritage approvals are issued by the appropriate regulator. Where statutory approval (or Part 3A/Part 5.1 project modification) is not required and where recording is recommended by the archaeologist, sufficient time must be allowed for this to occur. Ensure short term and permanent storage locations are identified for archaeological material or other heritage material is removed from site, where required. Interested third parties (eg museums or local councils) should be consulted on this issue. Contact regional environment staff and Senior Environmental Specialist (Heritage) for advice on this matter, if required. 7 Review CEMPs and approval conditions Check whether written notification is required to be sent to the regulator before recommencing work. Where this is not explicit in heritage approval conditions, expectations should be clarified directly with the regulator. Update the CEMP, site mapping and project delivery program as appropriate with any project changes resulting from final heritage management (eg retention of heritage item, salvage of item). Updated CEMPs must incorporate additional conditions arising from any heritage approvals, and Aboriginal community consultation if relevant. Include any changes to CEMP in site induction material and update site workers during toolbox talks. 8 Resume work 8.1 Seek written clearance to resume project work from regional environment staff and the archaeologist (and regulator, if required). Clearance would only be given once all archaeological excavation and/or heritage recommendations (where required) are complete. Resumption of project work must be in accordance with the all relevant project/heritage approvals/determinations. PM or WS-RMD PM or WS-RMD PM or WS-RMD PM PM RES/A/PM/WS- RMD 8.2 If required, ensure archaeological excavation/heritage reporting and other heritage PM/A/WS-RMD Heritage Procedure 2: Unexpected Heritage Items

52 Step Task Responsibility Guidance & Tools approval conditions are completed in the required timeframes. This includes artefact retention repositories, conservation and/or disposal strategies. Forward all heritage/archaeological assessments, heritage location data and its ownership status to the Senior Environmental Specialist (Heritage). They will ensure all heritage items in Roads and Maritime ownership and/or control are considered for the Roads and Maritime S170 Heritage and Conservation Register. If additional unexpected items are discovered this procedure must begin again from Step 1. PM/SES(H)/ WS- RMD PM/TL-RMD Heritage Procedure 2: Unexpected Heritage Items

53 8 Seeking advice Advice on this procedure should be sought from Roads and Maritime regional environment staff in the first instance. Contractors and alliance partners should ensure their own project environment managers are aware of and understand this procedure. Regional environment staff can assist non-roads and Maritime project environment managers with enquires concerning this procedure. IMPORTANT! Roads and Maritime Services staff and contractors are not to seek advice on this procedure directly from the Office of Environment and Heritage without first seeking advice from regional environment staff and heritage policy staff. Technical archaeological or heritage advice regarding an unexpected heritage item should be sought from the contracted archaeologist. Technical specialist advice can also be sought from heritage policy staff within Environment Branch to assist with the preliminary archaeological identification and technical reviews of heritage/archaeological reports. Roads & Maritime Services Level 00, Building Name 000, Street Name, City NSW 0000 PO Box 000 City NSW 0000 DX00 City T F E xxxx@rta.nsw.gov.au

54 9 Related information Contact details: Senior Environmental Specialist (Heritage), Environment Branch, Effective date: 01 February 2015 Review date: 01 February 2016 This procedure should be read in conjunction with: Roads and Maritimes Heritage Guidelines Roads and Maritime Services Environmental Incident Classification and Reporting Procedure Roads and Maritime s Procedure for Aboriginal Cultural Heritage Consultation and Investigation RTA Environmental Impact Assessment Guidelines. This procedure replaces: Procedure 5.5 ( unexpected discovery of an archaeological relic or Aboriginal object ) outlined in the RTA s Heritage Guidelines Other relevant reading material: NSW Heritage Office (1998), Skeletal remains: guidelines for the management of human skeletal remains. Department of Environment and Conservation NSW (2006), Manual for the identification of Aboriginal remains. Department of Health (April 2008), Policy Directive: Burials - exhumation of human remains Heritage Procedure 2: Unexpected Heritage Items

55 Appendix A Identifying Unexpected Heritage Items Heritage Procedure 2: Unexpected Heritage Items

56 The following images can be used to assist in the preliminary identification of potential unexpected items (both Aboriginal and non-aboriginal) during construction and maintenance works. Please note this is not a comprehensive typology. Top left hand picture continuing clockwise: Stock camp remnants (Hume Highway Bypass at Tarcutta); Linear archaeological feature with post holes (Hume Highway Duplication), Animal bones (Hume Highway Bypass at Woomargama); Cut wooden stake; Glass jars, bottles, spoon and fork recovered from refuse pit associated with a Newcastle Hotel (Pacific Highway, Adamstown Heights, Newcastle area). Heritage Procedure 2: Unexpected Heritage Items

57 Top left hand picture continuing clockwise: Woodstave water pipe with tar and wire sealing (Horsley Drive); Tram tracks (Sydney); Brick lined cistern (Clyde); Retaining wall (Great Western Highway, Leura). Heritage Procedure 2: Unexpected Heritage Items

58 Top left hand picture continuing clockwise: Road pavement (Great Western Highway, Lawson); Sandstone kerbing and guttering (Parramatta Road, Mays Hill); Telford road (sandstone road base, Great Western Highway, Leura); Ceramic conduit and sandstone culvert headwall (Blue Mountains, NSW); Corduroy road (timber road base, Entrance Road, Wamberai). Heritage Procedure 2: Unexpected Heritage Items

59 Top left hand corner continuing clockwise: Alignment Pin (Great Western Highway, Wentworth Falls); Survey tree (MR7, Albury); Survey tree (Kidman Way, Darlington Point, Murrumbidgee); Survey tree (Cobb Highway, Deniliquin); Milestone (Great Western Highway, Kingswood, Penrith); Alignment Stone (near Guntawong Road, Riverstone). Please note survey marks may have additional statutory protection under the Surveying and Spatial Information Act Heritage Procedure 2: Unexpected Heritage Items

60 Remnant Bridge Piers Mine Shaft Historic fence boundary Dairy shed Top left hand corner continuing clockwise: Remnant bridge piers (Putty Road, Bulga); Wooden boundary fence (Campbelltown Road, Denham Court); Dairy shed (Ballina); Golden Arrow Mine Shaft. Heritage Procedure 2: Unexpected Heritage Items

61 Top left hand corner: Culturally modified stone discovered on Main Road 92, about two kilometres west of Sassafras. The remaining images show a selection of stone Heritage Procedure 2: Unexpected Heritage Items

62 artefacts retrieved from test and salvage archaeological excavations during the Hume Highway Duplication and Bypass projects from Heritage Procedure 2: Unexpected Heritage Items

63 Appendix B Unexpected Heritage Item Recording Form 418 Heritage Procedure 2: Unexpected Heritage Items

64 Unexpected heritage item recording form 418 This form is to be filled in by a project manager (or their delegate) or a team leader Road and Maintenance Division, on the discovery of an unexpected heritage item during construction or maintenance works. Date: Recorded by: (Include name and position) Project name: Description of works being undertaken (eg Removal of failed pavement by excavation and pouring concrete slabs in 1m x 1m replacement sections). Description of exact location of item (eg Within the road formation on Parramatta Road, east bound lane, at the corner of Johnston Street, Annandale, Sydney). Description of item found (What type of item is it likely to be? Tick the relevant boxes). A. A relic B. A work, building or structure C. An Aboriginal object D. Bone E. Other A relic is evidence of a past human activity relating to the settlement of NSW with local or state heritage significance. A relic might include bottles, utensils, plates, cups, household items, tools, implements, and similar items. A work can generally be defined as a form infrastructure such as tram tracks, a culvert, road base, a bridge pier, kerbing, and similar items. An Aboriginal object may include stone tools, stone flakes, shell middens, rock art, scarred trees and human bones. Bones can either be human or animal remains. Remember that you must contact the local police immediately by telephone if you are certain that the bone(s) are human remains. Heritage Procedure 2: Unexpected Heritage Items

65 Provide short description of item (eg Metal tram tracks running parallel to road alignment. Good condition. Tracks set in concrete, approximately 10cms (100 mm) below the current ground surface). Sketch (Provide a sketch of the item s general location in relation to other road features so its approximate location can be mapped without having to re-excavate it. In addition, please include details of the location and direction of any photographs of the item taken). Action taken (Tick either A or B) A. Unexpected item would not be further impacted on by works Describe how works would avoid impact on the item. (eg The tram tracks will be left in situ, and recovered with road paving). B. Unexpected item would be further impacted on by works Describe how works would impact on the item. (eg Milling is required to be continued to 200 mm depth to ensure road pavement requirements are met. Tram tracks will need to be removed). Important: It is a statutory offence to disturb Aboriginal objects and historic relics (including human remains) without an approval. All works affecting objects and relics must cease until an approval is sought. Approvals may also be required to impact on certain works. Contact your regional environment staff for guidance. Project manager / works supervisor signature Heritage Procedure 2: Unexpected Heritage Items

66 Appendix C Photographing Unexpected Heritage Items Heritage Procedure 2: Unexpected Heritage Items

67 Photographs of unexpected items in their current context (in situ) may assist heritage staff and archaeologists to better identify the heritage values of the item. ing good quality photographs to specialists can allow for better quality and faster heritage advice. The key elements that must be captured in photographs of the item include its position, the item itself and any distinguishing features. All photographs must have a scale (ruler, scale bar, mobile phone, coin) and a note describing the direction of the photograph. Context and detailed photographs It is important to take a general photograph (Figure 1) to convey the location and setting of the item. This will add much value to the subsequent detailed photographs also required (Figure 2). Figure 2: Close up detail of the sandstone surface showing material type, formation and construction detail. This is essential for establishing date of the feature. Figure 1: Telford road uncovered on the Great Western Highway (Leura) in Photographing distinguishing features Where unexpected items have a distinguishing feature, close up detailed photographs must be taken of this, where practicable. In the case of a building or bridge, this may include diagnostic details architectural or technical features. See Figures 3 and 4 for examples. Figure 3: Ceramic bottle artefact with stamp. Figure 4: Detail of the stamp allows Tooth & Co Limited to be made out. This is helpful to a specialist in gauging the artefact s origin, manufacturing date and likely significance. Photographing bones The majority of bones found on site will those of be recently deceased animal bones often requiring no further assessment (unless they are in archaeological context). However, if bones are human, Roads and Maritime must contact the police immediately (see Appendix F for detailed guidance). Taking quality photographs of the bones can often resolve this issue quickly. Heritage staff in Environment Branch can Heritage Procedure 2: Unexpected Heritage Items

68 confirm if bones are human or non-human if provided with appropriate photographs. Ensure that photographs of bones are not concealed by foliage (Figure 5) as this makes it difficult to identify. Minor hand removal of foliage can be undertaken as long as disturbance of the bone does not occur. Excavation of the ground to remove bone(s) should not occur, nor should they be pulled out of the ground if partially exposed. Where sediment (adhering to a bone found on the ground surface) conceals portions of a bone (Figure 6) ensure the photograph is taken of the bone (if any) that is not concealed by sediment. Figure 5: Bone concealed by foliage. Figure 6: Bone covered in sediment Ensure that all close up photographs include the whole bone and then specific details of the bone (especially the ends of long bones, the epiphysis, which is critical for species identification). Figures 7 and 8 are examples of good photographs of bones that can easily be identified from the photograph alone. They show sufficient detail of the complete bone and the epiphysis. Figure 7: Photograph showing complete bone. Figure 8: Close up of a long bone s epiphysis. Heritage Procedure 2: Unexpected Heritage Items

69 Appendix C Key Environmental Contacts Heritage Procedure 2: Unexpected Heritage Items

70 Key environmental contacts Hunter region Environmental Manager (Hunter) Aboriginal Cultural Heritage Advisor Northern region Environment Manager (North) Aboriginal Cultural Heritage Advisor Southern region Environmental Manager (South) Aboriginal Cultural Heritage Advisor South West region Environment Manager (South West) Aboriginal Cultural Heritage Advisor Sydney region Environment Manager (Sydney) Aboriginal Cultural Heritage Advisor Western region Environment Manager (West) Aboriginal Cultural Heritage Advisor Pacific Highway Office Environment Manager Regional Maintenance Environment Manager Delivery Environment Branch Heritage Regulators Heritage Division Office of Environment and Heritage Locked Bag 5020 Parramatta NSW 2124 Phone: (02) Office of Environment and Heritage (Sydney Metropolitan) Planning and Aboriginal Heritage Section PO Box 668 Parramatta NSW 2124 Phone: (02) Office of Environment and Heritage (North Western NSW) Environment and Conservation Programs PO Box 2111 Dubbo NSW 2830 Phone: (02) Senior Environmental Specialist (Heritage) Department of the Environment (Clth) GPO Box 787 Canberra ACT 2601 Phone: (02) Office of Environment and Heritage (North Eastern NSW) Planning and Aboriginal Heritage Section Locked Bag 914 Coffs Harbour NSW 2450 Phone: (02) Office of Environment and Heritage (Southern NSW) Landscape and Aboriginal Heritage Protection Section PO Box 733 Queanbeyan NSW 2620 Phone: (02) Project-Specific Contacts Position Name Phone Number Project Manager Site/Alliance Environment Manager Regional Environmental Officer Aboriginal Cultural Heritage Advisor Consultant Archaeologist Local Police Station OEH: Environment Line Heritage Procedure 2: Unexpected Heritage Items

71 Appendix E Uncovering Bones Heritage Procedure 2: Unexpected Heritage Items

72 This appendix provides Project Managers with (1) advice on what to do when bones are discovered; (2) guidance on the notification pathways; and (3) additional considerations and requirements when managing the discovery of human remains. 1. First uncovering bones Stop all work in the vicinity of the find. All bones uncovered during project works should be treated with care and urgency as they have the potential to be human remains. Therefore they must be identified as either human or non-human as soon as possible by a qualified forensic or physical anthropologist. These specialist consultants can be sought by contacting regional environment staff and/or heritage staff at Environment Branch. On the very rare occasion where it is instantly obvious from the remains that they are human, the Project Manager (or a delegate) should inform the police by telephone prior to seeking specialist advice. It will be obvious that it is human skeletal remains where there is no doubt, as demonstrated by the example in Figure 1. Often skeletal elements in isolation (such as a skull) can also clearly be identified as human. Note it may also be obvious that human remains have been uncovered when soft tissue and clothing are present. Figure 1: Schematic of a complete skeleton that is obviously human 12. Figure 2: Disarticulated bones that require assessment to determine species. This preliminary phone call is to let the police know that Roads and Maritime is undertaking a specialist skeletal assessment to determine the approximate date of death which will inform legal jurisdiction. The police may wish to take control of the site at this stage. If not, a forensic or physical anthropologist must be requested to make an on-site assessment of the skeletal remains. 12 After Department of Environment and Conservation NSW (2006), Manual for the identification of Aboriginal Remains: 17. Heritage Procedure 2: Unexpected Heritage Items

73 Where it is not obvious that the bones are human (in the majority of cases, illustrated by Figure 2), specialist assessment is required to establish the species of the bones. Photographs of the bones can assist this assessment if they are clear and taken in accordance with guidance provided in Appendix C. Good photographs often result in the bones being identified by a specialist without requiring a site visit; noting they are nearly always non-human. In these cases, non-human skeletal remains must be treated like any other unexpected archaeological find. If the bones are identified as human (either by photographs or an on-site inspection) a technical specialist must determine the likely ancestry (Aboriginal or non-aboriginal) and burial context (archaeological or forensic). This assessment is required to identify the legal regulator of the human remains so urgent notification (as below) can occur. Preliminary telephone or verbal notification by the Project Manager or regional environment staff is considered appropriate. This must be followed up later by Roads and Maritime s formal letter notification as per Appendix G when a management plan has been developed and agreed to by the relevant parties. 2. Range of human skeletal notification pathways The following is a summary of the different notification pathways required for human skeletal remains depending on the preliminary skeletal assessment of ancestry and burial context. A. Human bones are from a recently deceased person (less than 100 years old). Action A police officer must be notified immediately as per the obligations to report a death or suspected death under s35 of the Coroners Act 2009 (NSW). It should be assumed the police will then take command of the site until otherwise directed. B. Human bones are archaeological in nature (more than 100 years old) and are likely to be Aboriginal remains. Action The OEH and the RMS Aboriginal Cultural Heritage Advisor (ACHA) must be notified immediately. The ACHA must contact and inform the relevant Aboriginal community stakeholders who may request to be present on site. Relevant stakeholders are determined by the RTA s Procedure for Aboriginal Cultural Heritage Consultation and Investigation. C. Human bones are archaeological in nature (more than 100 years old) and likely to be non-aboriginal remains. Action The OEH (Heritage Branch, Conservation Team) must be notified immediately. The simple diagram below summarises the notification pathways on finding bones. Heritage Procedure 2: Unexpected Heritage Items

74 After the appropriate verbal notifications (as described in B and C), the Project Manager must proceed through the Unexpected Heritage Items Procedure to formulate an archaeological management plan (Step 4). Note no archaeological management plan is required for forensic cases (A), as all future management is a police matter. Non-human skeletal remains must be treated like any other unexpected archaeological find and so must proceed to recording the find as per Step Additional considerations and requirements Uncovering archaeological human remains must be managed intensively and needs to consider a number of additional specific issues. These issues might include facilitating culturally appropriate processes when dealing with Aboriginal remains (such as repatriation and cultural ceremonies). Roads and Maritime s ACHA can provide advice on this and how to engage with the relevant Aboriginal community. Project Managers, more generally, may also need to consider overnight site security of any exposed remains and may need to manage the onsite attendance of a number of different external stakeholders during assessment and/or investigation of remains. Project Managers may also be advised to liaise with local church/religious groups and the media to manage community issues arising from the find. Additional investigations may be required to identify living descendants, particularly if the remains are to be removed and relocated. If exhumation of the remains (from a formal burial or a vault) is required, Project Managers should also be aware of additional approval requirements under the Public Health Act 1991 (NSW). Specifically, Roads and Maritime is required to apply to the Director General of NSW Department of Health for approval to exhume human remains as per Clause 26 of the Public Health (Disposal of Bodies) Regulation 2002 (NSW) 13. Further, the exhumation of such remains needs to consider health risks such as infectious disease control, exhumation procedures and reburial approval and registration. Further guidance on this matter can be found at the NSW Department of Health website. In addition, due to the potential significant statutory and common law controls and prohibitions associated with interfering with a public cemetery, project teams are 13 This requirement is in addition to heritage approvals under the Heritage Act Heritage Procedure 2: Unexpected Heritage Items

75 advised, when works uncover human remains adjacent to cemeteries, to confirm the cemetery s exact boundaries. Heritage Procedure 2: Unexpected Heritage Items

76 Appendix F Archaeological Heritage Advice Checklist

77 The following checklist can be used by the Project Manager and the archaeologist to ensure all relevant archaeological issues are considered when developing the management plan required at Step 4 of this procedure. An archaeological or heritage management plan can include a range of activities and processes, which differ depending on the find and its significance. Assessment and investigation Required Assessment of significance Yes/No Assessment of heritage impact Archaeological excavation Archival photographic recording Heritage approvals and notifications AHIPs, Section 140, S139 exceptions etc Yes/No Yes/No Yes/No Yes/No Regulator relics/objects notification Yes/No Roads and Maritime s S170 Heritage and Yes/No Conservation Register listing requirements Compliance with CEMP or other project Yes/No heritage approvals Stakeholder consultation Aboriginal stakeholder consultation Yes/No requirements and how it relates to RTA Procedure for Aboriginal Cultural Heritage Consultation and Investigation (PACHCI). Advice from regional environmental staff, Yes/No Aboriginal Cultural Heritage Advisor, Roads and Maritime heritage team. Artefact/ heritage item management Retention or conservation strategy (eg Yes/No items may be subject to long conservation and interpretation) Disposal strategy (eg former road pavement) Short term and permanent storage locations (interested third parties should be consulted on this issue). Control Agreement for Aboriginal objects. Yes/No Program and budget Time estimate associated with archaeological or heritage conservation work. Total cost of archaeological/heritage work. Outcome/notes

78 Appendix G Template Notification Letter

79 PASTE INTO RMS LETTER TEMPLATE "[Select and type date]" [Select and type reference number] [Select and type file number] [Insert recipient s name and address, see Appendix D] [Select and type salutation and name], Re: Unexpected heritage item discovered during Roads and Maritime Services project works. I write to inform you of an unexpected [select: relic, heritage item or Aboriginal object] found during Roads and Maritime Services construction works at [insert location] on [insert date]. [Where the regulator has been informally notified at an earlier date by telephone, this should be referred to here]. This letter is in accordance with the notification requirement under [select: Section 146 of the Heritage Act 1977 (NSW) or Section 89(A) of the National Parks and Wildlife Act 1974 (NSW) NB: There may be not be statutory requirement to notify of the discovery of a heritage Item that is not a relic or Aboriginal object]. NB: On finding Aboriginal human skeletal remains this letter must also be sent to the Commonwealth Minister for Sustainability, Environment, Water, Populations and Communities (SEWPC) in accordance with notification requirements under Section 20(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth). [Provide a brief overview of the project background and project area. Provide a summary of the description and location of the item, including a map and image where possible. Also include how the project was assessed under the Environmental Planning and Assessment Act 1979 (NSW) (eg Part 5). Also include any project approval number, if available]. Roads and Maritime Services [or contractor] has sought professional archaeological advice regarding the item. A preliminary assessment indicates [provide a summary description and likely significance of the item]. Please find additional information on the site recording form attached. Resulting from these preliminary findings, Roads and Maritime Services [or contractor] is proposing [provide a summary of the proposed archaeological/heritage approach (eg develop archaeological research design (where relevant), seek heritage approvals, undertake archaeological investigation or conservation/interpretation strategy). Also include preliminary justification of such heritage impact with regard to project design constraints and delivery program]. The proposed approach will be further developed in consultation with a nominated Office of Environment and Heritage staff member. Please contact me if you have any input on this approach or if you require any further information. Yours sincerely [Sender name and position] [Attach the archaeological/heritage management plan and site recording form].

80 About this release Reference number Title Parent procedure Prepared by Approved by RMS PN 285 P02 Unexpected Heritage Items Procedure RMS Heritage Guidelines Environment Officer (Heritage) Gretta Logue Environment Officer (Heritage) Daniel Percival Manager Environmental Policy, Planning and Assessment Michael Crowley Document location Objective - SF2013/ / Unexpected heritage items procedure.doc Document status Version 1.0, 16 March 2015 Version Date Revision description /11/11 First issue Revised Revised Revised 23 July October March 2015 Amended to reflect that (a) unexpected finds do not include items covered by a relevant approval; (b) Aboriginal people must be consulted where an unexpected find is likely to be an Aboriginal object; (c) the Department of Planning and Environment must be notified in accordance with Step 5 of this procedure for Part 3A and Part 5.1 projects. Amended to clarify that the procedure applies to all types of unexpected heritage items, not just archaeological items. The procedure introduces the term Historic Items to cover both archaeological relics and other historic items such as works, structures, buildings and movable objects. The title of the document has been amended to better reflect this clarification. The procedure was streamlined to address all project types including maintenance works. The separate maintenance procedure (formerly Appendix B) was removed. Names and titles updated throughout. Your comments and suggestions to improve this or any of the Heritage Guidelines and associated documents may be sent to: Senior Environmental Specialist (Heritage) Environmental Policy, Planning and Assessment Environment Branch, Roads and Maritime Services Level 17, 101 Miller Street North Sydney, NSW 2060 Ph:

81 rms.nsw.gov.au Customer feedback Roads and Maritime Locked Bag 928, North Sydney NSW 2059

82 Appendix B Heritage Management Training Information

83 APPENDIX B HERITAGE MANAGEMENT TRAINING INFORMATION APPENDIX B1 ABORIGINAL SITE AND ARTEFACT IDENTIFICATION APPENDIX B2 MANAGEMENT OF NON-ABORIGINAL HERITAGE A Brief Outline for Construction Workers 1

84 Document control File name App B Heritage Training Rev5.docx Report name App B5 HMP: Appendix B Heritage Management Training Information Document number N1023-MP-03-B B Revision number Rev 5 Approval Patrick McCormack RCPBJV Project Manager Peter Monsted RCPBJV Environmental Manager Revision history Revision Date Description Approval 0 12/01/15 Draft issued for review n/a 1 6/02/15 2 nd draft issued for review n/a 2 26/03/15 comments n/a 3 7/04/15 For DP&E Submission n/a 4 28/04/15 DP&E comments n/a 5 18/06/16 Updated following CEMP Annual Review n/a Distribution of controlled copies Copy no. Issued to Version 1 Project Manager 2 Environmental Representative 3 Construction Manager 4 Environmental Manager 5 Community Relations Manger 6 WCX Representative 7 WCX Environmental Manager 2

85 Contents 1.0 Introduction What is the purpose of this outline? Legal Obligations Construction workers role What is the role of site monitors? What is an Aboriginal site? What do Aboriginal sites contain and how do you recognize them? Stone Artefacts Midden shell and deposit Sites Containing Bone Occupation Sites Burial Sites

86 1.0 Introduction This training package has been developed to satisfy Condition of Approval D32(e) (C) which requires aboriginal training to be completed for construction personnel. The training includes site identification, protection and conservation for aboriginal and cultural heritage. It should be noted that no Aboriginal heritage artefacts have been located in studies to date and are not anticipated within the site boundary. However, if during construction activities, a suspected aboriginal item is identified, the unexpected finds procedure will be implemented (refer Appendix A of the HMP). 2.0 What is the purpose of this outline? To provide some basic skills in the recognition of Aboriginal sites and artefacts to construction workers. To provide an outline of the role of construction workers in recognising and managing Aboriginal sites and objects if encountered during excavation works. This information shall be incorporated into the Project Induction process. Records of all site induction shall be kept within the Project s document management system. 3.0 Legal Obligations All Aboriginal objects are protected under the National Parks and Wildlife Act Aboriginal object is a category which includes stone artefacts, archaeological deposits, shell midden, bones and burials Aboriginal objects may not be disturbed, destroyed, collected or moved without an appropriate Permit or Consent The project is being conducted with approval of the Environmental Planning and Assessment Act This means that there are Conditions of Approval in force for this project. It is therefore important that once anything suspected of being an Aboriginal object is found, work is to cease at that location. 4.0 Construction workers role Be aware of the potential to dig up Aboriginal archaeological material. Familiarise yourself with what Aboriginal objects and archaeological deposits look like. Be familiar with the human skeletal remains protocol. Keep a look-out for Aboriginal objects and archaeological deposits when excavating, or spreading spoil 4

87 Notify supervisors, and/or where appropriate, site monitors, of the discovery of Aboriginal objects. Be aware of the location and actions of site monitors, and facilitate their inspection of excavated materials and trenches when and if it is safe to do so. 5.0 What is the role of site monitors? Note that it is unlikely that site monitors will be required for the M4 Widening project unless Aboriginal objects are suspected or uncovered during excavation works. Should site monitor be required; Site monitors inspect ground surface disturbance. This includes observing the excavation of trenches and pits, and the inspection of the spoil removed from them. In some cases, the sides of pits and trenches may also be inspected, if feasible and safe to do so. Where feasible and safe to do so, site monitors will identify and recover Aboriginal objects. Site monitors need to notify supervisors and construction workers in the event of the discovery of a high-value archaeological deposits, or/or the discovery of human (or suspected human) bone. In this event, further disturbance to that area will need to be suspended so that an appropriate course of action can be taken. Site monitors and the project archaeologists work together to process and document recovered materials. Archaeological monitoring of trench excavation for a sewerage pipeline Recording shell midden exposed in the side of the trench 6.0 What is an Aboriginal site? There are three main types of Aboriginal site: Prehistoric archaeological sites which contain the physical remains of past Aboriginal occupation prior to European settlement 5

88 Historic sites which are significant sites or places which relate to Aboriginal occupation after European settlement Places and landforms which have cultural significance but which may not include archaeological remains It is difficult to identify historic Aboriginal sites or other places and landforms of significance without information provided by local Aboriginal people. This information may include traditional or family stories, and firsthand accounts from people who lived there or were told by their family. A prehistoric Aboriginal archaeological site can be defined as any location that Aboriginal artefacts are found. Recognising these sites depends on identifying the Aboriginal artefacts they contain. An Aboriginal artefact can be anything which is the result of past Aboriginal activity, including stone, plant, animal and human bone (skeletal) remains. What site types are most likely to be found and where? Open camp sites. These sites are also known as open artefact scatters. The term open means that the site is not located in a rock shelter or overhang). These sites may consist of a scatter of stone artefacts on the ground surface, and/or a below-ground deposit containing stone artefacts. Artefacts may occur at varying densities, such as 1 artefact per 10 square meters, or in high densities such as 10 or more artefacts per square meter. These sites may also contain the remains of fires and hearth stones. Open camp sites are most likely to occur on relatively level and well drained ground, adjacent to a water source such as a swamp or lake basin, creek, river, or marine or estuarine coastline. Typical locations are level ground on ridge and spur line crests; low rises and terrace edges close to a creek, river or wetland basin; locally elevated ground in valley floor contexts. Midden sites. These sites are camp sites which contain the remains of meal and food preparation. They contain a significant proportion of shell, and may also contain charcoal, bone and stone artefacts. The shell in a midden is nearly always related to a nearby environment such as freshwater mussel from a nearby river, or bivalves and molluscs from nearby estuaries, or (now gone) sandy beaches or rocky shorelines. Midden sites are normally found close to a source of shellfish, such a former prehistoric coastline, and the edges of estuaries, and rivers. In addition, middens generally occur on relatively level ground in well drained and locally elevated landforms. Typically middens occur on coastal headlands, the coastal mouth of rivers and creeks, the edges of estuarine lakes and rivers, and on river banks. 6

89 Coastal shell midden deposit exposed in a beach embankment (Beecroft Peninsula) Scarred Trees. Aboriginal scarred trees may occur anywhere that old-growth trees survive in the landscape. Old-growth trees can be recognised by a substantial trunk size (such as over 1 m in diameter or a girth of over 3 m). Burials. Aboriginal burial sites can occur singly or in groups and are recognised by the presence of human bones (skeletal material). The most easily recognisable human remains are the teeth, the skull, and the various long bones. Some burials also contain grave goods in the form of food remains and tools. Burials normally occur in deep soil, sand or silty contexts where the ground can be dug relatively easily. Typical burial locations include locally elevated sand bodies or sand dunes (especially next to the mouths of estuaries, rivers and creeks) and fine grained alluvial deposits such as river banks, levee deposits, and terraces. Burials may occur in midden deposits, or may occur away from other sites. In some cases human burials were ritually deposited in ledges in rock shelters. 7.0 What do Aboriginal sites contain and how do you recognize them? The most likely artefact types to be encountered during monitoring works are stone artefacts: 6.1 Stone Artefacts Stone Artefact Types This is the most common artefact type. Some stone artefacts can be difficult to identify, or distinguish from naturally broken stone, even for experts. Some of the most common categories of stone artefact are: - Cores: These are the parent rock from which flakes are struck off. They generally have one or more striking platforms and negative flake scars extending below each platform. - Flakes: These are rock pieces which are removed from a core by direct or indirect impact. 7

90 - Waste flakes: These are the bi-product of making or sharpening a tool and are flakes which have not been further worked after their creation. - Utilised flakes: These are flakes which show evidence of having been used (for example for cutting or scraping). Edges are likely to show use-wear (such as blunting or polish) and may also show damage such as flaking along the used edge, or missing pieces, such as point or base. - Retouched flake: These are flakes which have been further flaked or trimmed after their removal from the core, in order to make a particular shape or edge type. - Flaked pieces: These are flaked pieces of stone which do not fit into any other category. Care should be taken to distinguish flaked pieces from naturally flaked stone. Rarer artefact types include grind-stones, ground edge axes, and hammer and anvil stones. - Axes: Also known as a hatchet, these consist of a stone with either a flaked or ground edge at one end. Commonly, the edge has been ground on both faces. Axes are often used as anvils and hammers and display pits and surface bruising. The stone may have been a natural river pebble or a quarried stone covered in flake scars. Some stones have been shaped by repeated pitting of the surface. - Top and Bottom Grindstones: These consist of stones used to grind and process food and other materials. Both the top and bottom stones have ground and worn facets (surfaces). The top stone is often rounded (such as a river pebble) and the bottom stone is generally broad and tabular, with a ground dish or groove-like surface. - Hammer stones: These are the stones used as a hammer to drive flakes off a core. They are often round or oval shaped and have repeated pitting and bruising at their end or around their margin. How can you tell an artefact from a natural stone? In general an Aboriginal stone artefact can be distinguished by some of the following traits: - the presence of a striking platform, a point of initiation (also called point of percussion ) and a bulb of percussion Nearly all artefacts which have been made by flaking, would originally have displayed these features. If a flaked stone does not have these features it is either not an artefact, or is a broken artefact with pieces missing. - rock type: the stone in most artefacts is a relatively even and fine grained, often glassy, and may not be like the surrounding naturally occurring rocks. In other words the have been brought into and are not natural to the area. Typical artefact rock types are milky or clear quartz, quartzite, silcrete, chert, greywacke, rhyolite, tuff, basalt, and chalcedony (incl. jasper)) - a surface with many conchoidal fracture scars (curved surfaces the way glass breaks) and/or ground (abraded) surfaces to form a cutting edge or grinding surface - the presence of sharp edges, created either by flaking or grinding the rock surface - the presence of impact pitting such as on an anvil or hammer stone 8

91 Aboriginal artefacts can be easily confused with blue metal gravels, broken ceramics, and rock with naturally caused conchoidal (curved) fracture surfaces. To help in deciding if a stone is an artefact: look for the presence of glaze (indicating that it is a piece of pottery), look for a nearby source of blue metal or other foreign rock type (such as a road, area of fill, or concrete); has the rock come from this material? Some pieces of crushed blue metal look exactly like artefacts! look for the absence of a point of initiation and bulb of percussion to distinguish non-artefactual material. Rock which has shattered in a fire, or broken from frost or natural exfoliation will often display multiple curved and conchoidal fracture surfaces. The difference is that the scars do not generally have points of initiation or bulbs of percussion. look for possible machine origins for flaking. When cars or heavy machinery drive over or hit rock, they can crush and flake it, making flakes and cores. If a flake or core is located on a track, in imported fill, or in an area where heavy machinery has been used, ask yourself if they were made by machines? Such material may look freshly broken, display excessive crushing around the point of initiation, small or no platform, and have a poorly developed bulb of percussion. They may also be of poor quality stone for tool making (such as having a course and uneven grain, and many fault and fracture planes). 9

92 10

93 Ventral side of a typical flake (Bomaderry Creek, Nowra) Dorsal side of a typical flake (Bomaderry Creek, Nowra) (scale in mm) 11

94 Examples of stone artefacts retrieved from test pits at Currarong Examples of chert and quartz artefacts from Nowra (scale in mm) 12

95 Ground edged hammer dressed stone axe (also used as an anvil stone) (from Lake Conjola) 6.2 Midden shell and deposit Midden shell is the discarded shell remains from Aboriginal meals and is the dominant material in an Aboriginal midden. A midden may occur as a scatter of shell on the ground surface, or as a layer or horizon of shell within a deposit. The identification of midden shell can sometimes be difficult, even for experts. However, in general, Aboriginal midden shell can be distinguished by the following traits: - Midden shells tend to be of adult size, and small shells are rare (small shellfish generally do not provide a good meal) - Middens are dominated by a relatively small number of species, which reflect those present in adjacent collection areas, such as estuarine mud flats, sandy beaches or rocky shorelines - Midden shell often occurs within a dark soil layer which also contains charcoal - Midden shell may also occur with stone artefacts - Although shell material may be crushed, the edges are not worn smooth from water transport - Middens may contain burnt shell - Midden shell and deposits generally occur on locally elevated and well drained ground (bare in mind however that this original landform may now be buried and the current land surface may be quite different) - Natural shell deposit often includes a wide variety of shell types and sizes including small shells, water worn shell fragments, shells which have died from natural causes (identified by small bore holes in shell), and may not include charcoal, and will not include stone artefacts. 13

96 - Natural shell deposit often occurs within the tidal range, or at depth in poorly drained contexts in estuary and swamp basins - Midden shell can also be confused with modern oyster shell dumps. Modern dumps can be distinguished by the near absence of other types of shellfish, the modern appearance of the shell (often still including colour), the consistent age or maturity of the shellfish, the absence of stone artefacts, and the presence of flat surfaces where the shells have been attached to wooden slats. Anadara shell from an estuarine midden (Burrill Lake) 14

97 Fragmentary mammal bone from a midden deposit (Burrill Lake) 6.3 Sites Containing Bone Aboriginal sites containing bone fall into two types, deposits from occupation sites, such as middens, camp sites and rock shelters, and burial sites Occupation Sites Occupation sites include types such as middens, rock shelter and open camp sites. Bone material which may be found with occupation sites is often difficult to tell apart from naturally occurring bone. Most bone found on the land surface is recent in origin. To confirm this look for evidence of a recent death (traces of flesh, recent damage by scavengers), or the lack of weathering, and look for an indication that it is an introduced animal such as a sheep, cow, dog etc. Bone may be part of an Aboriginal site if it is associated with stone artefacts, midden shell, and/or the remains of campfires (especially charcoal and hearth stones). Artefactual bone material is normally only conserved under the ground and forms part of an archaeological deposit. Bones may be fragile and very broken up, and possibly burnt. Bone found in sediments may appear to be stained or mineralised whereas bones exposed on the surface may be bleached Burial Sites The identification of a burial site, or its remains, rests on being able to identify human bones and tell them apart from animal bones. If you are unsure about an identification, but strongly suspect a human origin, then the discovery should be reported immediately to the Environment Manager and the Construction Manager. The protocol for the discovery of human bone should be followed whenever human bone or suspected human bone is discovered. Pictorial Reference Material Sources: Original material from Navin Officer Heritage Consultants Pty Ltd. Coutts, P. J. F. and D. C. Witter 1977 A Guide to Recording Archaeological Sites in Victoria. Records of the Victoria Archaeological Survey (Special Issue) No.3. Donlon, D., S. McIntyre-Tamwoy and A. Thorne 2002 Aboriginal Skeletal Remains Manual. NSW National Parks and Wildlife Service, Sydney. McCarthy, F. D Australian Aboriginal Stone Implements The Australian Museum Trust, Sydney Parker, S Collins Eyewitness Guides, Skeleton. Harper Collins, London. 15

98 APPENDIX B2 MANAGEMENT OF NON-ABORIGINAL HERITAGE A number of heritage listed items occur adjacent to and in close proximity to construction activities. Some example heritage items include nearby buildings and residents, as well as wetland areas at Duck creek. Maps showing all listed heritage items are provided in the Heritage Management Sub Plan. Table 1 summarises potential impacts and management measures in relation to Non-Aboriginal archaeological sites. Table 1 Non-Aboriginal heritage potential impacts and management Name Impact Management Federation Period Cottage Latalda Conjoined residences Conjoined residences Conjoined residences Conjoined residences Single storey residence Wetlands (Parramatta) Stand of Eucalyptus longifolia Welfare Street Precinct Possible vibration impacts Possible construction impacts over Duck River Possible impact to trees on northern edge of eastern half of item, however, as trees are immature, no negative heritage impact Temporary visual impact during construction Minimise vibration impacts Refer to vibration mitigation measures in NVMP Design and construct to minimise impacts Avoid disturbance, monitor vibration Screen compound site west of Welfare Street Key management strategies; 1. Heritage management measures including minimising and monitoring vibration shall be included within Environmental Work Method Statements (EWMS) appropriate to the construction activities. 2. Avoid identified heritage sites at all times, unless works are covered by a specific EWMS. 3. If any unexpected heritage items are encountered, works potentially affecting the find shall cease immediately and the RMS Standard Management Procedure Unexpected Archaeological Finds (July 2012) (refer Appendix A of the HMP) shall be followed. Contact the Environment Manager should you suspect a heritage item has been uncovered. 4. If suspected human skeletal remains are encountered, works potentially affecting the find would cease immediately and RMS Standard Management Procedure Unexpected Archaeological Finds (July 2012) (refer Appendix A of the HMP) would be followed. Contact 16

99 the Environment Manager should you suspect a heritage item has been uncovered. Examples of heritage structures on the M4 Project Figure 1: 20 and 22 Albert Street, Granville Figure 2: Albert Street (left). The M4 viaduct is visible in the right background through the gap in the trees 17

100 Figure 3: 18 and 20 Bowden Street. The M4 viaduct is visible in the left background Figure 4: 22 Bowden Street (right). The M4 Motorway viaduct is visible in the left background 18

101 Figure 5: Map showing the location of conjoined residences at Albert Street (I89), conjoined residences at Albert Street (I90), conjoined residence at Bowden Street (I260) and single-storey residence (I261) in relation to the study area. Figure 6: Heritage listed wetlands where the M4 Motorway bridge crosses the Duck River, facing NNE Figure 7: Location of the Stand of eucalyptus longifolia (I20) in relation to the study area. 19

102 Figure 8: Welfare Street Precinct (C6) near Homebush Bay Drive 20

103 Appendix C Heritage Locations Holroyd Local Environmental Plan 2013

104