Australia Pacific LNG Project. Volume 2: Gas Fields Chapter 18: Indigenous Cultural Heritage

Transcription

1 Australia Paciic LNG Project Volume 2: Gas Fields

2 Contents 18. Indigenous cultural heritage Introduction Purpose Scope o works Legislative ramework Methodology Limitations Cultural heritage values Archaeological context Constraints analysis Results o register searches Field surveys Cultural heritage management plan development Cumulative impacts Potential impacts Mitigation and management Conclusions Assessment outcomes Commitments Reerences Figures Figure 18.1 Registered Indigenous cultural heritage sites and identiied site provinces... 5 Figure 18.2 Native Title claims within the gas ields' development area Tables Table 18.1 Identiied Aboriginal parties Table 18.2 Status o cultural heritage management plan negotiations Table 18.3 Summary o values, sustainability principles, potential impacts and mitigation measures.15 Page ii

3 18. Indigenous cultural heritage 18.1 Introduction Purpose This chapter provides an assessment and proposed management o potential development impacts on Indigenous cultural heritage. It provides a context or assessing Indigenous occupation, recognises the presence o registered Indigenous heritage sites and provides an overview o the ramework in which Indigenous cultural heritage will be identiied and managed. Australia Paciic LNG is committed to working with identiied Aboriginal parties to develop and implement CHMPs and to provide agreed and appropriate protection or Indigenous cultural heritage. In the preparation o the environmental impact statement (EIS) and going orward with the Project, Australia Paciic LNG will be guided by its sustainability principles when identiying potential impacts the Project may have on Indigenous heritage values and sites, and in the development and implementation o Indigenous cultural heritage management plans (CHMPs). O the 12 sustainability principles, the key principles relevant to cultural heritage include: Minimising adverse environmental impacts and enhancing environmental beneits associated with Australia Paciic LNG's activities, products or services; conserving, protecting, and enhancing where the opportunity exists, the biodiversity values and water resources in its operational areas Respecting the rights, interests and diverse cultures o the communities in which Australia Paciic LNG operates Engaging regularly, openly and transparently with people and communities aected by Australia Paciic LNG's activities, considering their views in its decision-making and striving or positive social outcomes Working cooperatively with communities, governments and other stakeholders to achieve positive social and environmental outcomes, seeking partnership approaches where appropriate. Under these principles, cultural heritage values are relected in a number o ways. The primary role o Indigenous people in custodianship o their heritage is recognised. The development o CHMPs will occur through negotiation and agreement with the identiied Aboriginal party. Identiication o unrecorded Indigenous heritage resources within the project areas will be undertaken during dedicated ield surveys. Where practicable, acilities will generally be sited to avoid locations o Aboriginal cultural heritage. In instances where this cannot be avoided, measures to mitigate impacts will be undertaken with Aboriginal parties, in accordance with agreed CHMPs. Through these plans, procedures will be developed covering the management o cultural heritage sites and values. To promote an understanding o cultural heritage in the workplace, cultural heritage induction or site personnel will be developed. Page 1

4 Scope o works As part o the overall assessment o development impacts, Indigenous cultural heritage has been assessed in accordance with the requirements o the EIS terms o reerence or the Project. Speciically, the aims o the Indigenous cultural heritage assessment are to: Provide a context or assessing Indigenous occupation o the project area Recognise the presence o registered Indigenous heritage sites in the project area Develop CHMPs with identiied Aboriginal parties regarding the proposed project works in accordance with the Aboriginal Cultural Heritage Act 2003 and the Cultural Heritage Management Plan Guidelines gazetted on 22 April This chapter discusses the gas ields element o the Project. The CHMPs will, among other things: Deine the process by which Indigenous cultural heritage is identiied within the gas ields Propose mechanisms or the development o site management strategies to maximise the retention o Indigenous heritage values Legislative ramework In Queensland, both Commonwealth and state legislation protects Indigenous heritage. This section discusses the legislation o relevance to this assessment. Commonwealth legislation Three pieces o Commonwealth legislation serve to protect Australia's heritage. These are the Environment Protection and Biodiversity Conservation Act 1999, the Australian Heritage Council Act 2003 and the Aboriginal and Torres Strait Islander Heritage Protection Act The Commonwealth authority responsible or the administration o this legislation is the Department o the Environment, Water, Heritage and the Arts. Environment Protection and Biodiversity Conservation Act The Environment Protection and Biodiversity Conservation Act 1999 provides protection or items and places with world, national or Commonwealth heritage values. Natural, historical and Indigenous heritage sites, either nominated or approved, are protected under this Act. The Act provides or the National Heritage List and the Commonwealth Heritage List. The National Heritage List provides protection or areas that demonstrate outstanding heritage value to the nation and the Commonwealth Heritage List provides or protection o areas that have signiicant values that are on Commonwealth land. The Act also provides protection or cultural heritage items and places on the World Heritage List. The criteria used or inclusion on the National (and Commonwealth) Heritage List is outlined within the Act. Australian Heritage Council Act The Australian Heritage Council Act 2003 established the Australian Heritage Council to administer the National Heritage List and Commonwealth Heritage List. This Act established the Australian Heritage Council as the principal advisory body to the Australian Government or heritage matters, particularly in relation to administering the lists now created under the Environment Protection and Biodiversity Conservation Act It replaced the Australian Heritage Commission, the authority Page 2

5 previously responsible or assisting in the administration o Commonwealth Heritage Legislation. The Australian Heritage Council maintains an online searchable database. Aboriginal and Torres Strait Islander Heritage Protection Act This legislation was enacted or ' the preservation and protection rom injury or desecration o areas and objects in Australia and in Australian waters, being areas and objects that are o particular signiicance to Aboriginals in accordance with Aboriginal tradition'. It gives Indigenous people the right to request the responsible Federal Minister to intervene to protect cultural sites and places that Indigenous people believe to be at risk. State legislation Aboriginal Cultural Heritage Act The primary piece o State legislation protecting Aboriginal Cultural Heritage Sites is the Aboriginal Cultural Heritage Act The intent o this Act is to eectively recognise and protect Aboriginal cultural heritage and to establish a process whereby this can be achieved. It places an onus on project proponents, or anyone whose activities harm Aboriginal cultural heritage, to observe a 'duty o care'. It provides or assessment o signiicance to be undertaken by identiied Aboriginal parties, to be decided in a manner consistent with tradition and emphasises that the deinition o areas and objects goes beyond archaeological sites to include those where there are no physical traces. It requires that a CHMP be developed when a project is required to develop an EIS. Major elements o the Act are: Protection o areas and objects o traditional, customary and archaeological signiicance Recognition o the primary role o Aboriginal parties in cultural heritage protection and management Establishment o a Cultural Heritage Register and Cultural Heritage Database The provision o a general duty o care with the onus on developers to manage their duty o care The mandatory requirement to prepare CHMPs in situations where an EIS is required or any project approvals Substantial penalties or harming Aboriginal cultural heritage in breach o the Act. Queensland Heritage Act The Queensland Heritage Act 1992 primarily provides or the protection o non-indigenous heritage places, but also or those with joint Indigenous and non-indigenous values. Local legislation The Queensland Heritage Act 1992 requires local government agencies to establish their own registers o heritage places. These places may have Indigenous or non-indigenous values. Although the requirement or local heritage lists was established under the Queensland Heritage Register and thereore would not apply to sites solely signiicant to Indigenous people, some local heritage overlays do include Indigenous sites. This is the case with the Calliope Shire, which includes Curtis Island. These sites could thereore be subject to provisions o the Sustainable Planning Act However, Indigenous heritage sites are oered greater protection under Queensland's Aboriginal Cultural Heritage Act Page 3

6 18.2 Methodology Assessing and minimising the potential impacts o the gas ields' development to Indigenous heritage values has been a multi-staged process. The initial phase o this study was the collation o site inormation rom the ollowing sources: Online resources, principally or heritage site databases and regional history Commonwealth Heritage lists (World Heritage List, National Heritage List, and Register o the National Estate) or sites o international and national signiicance Indigenous Cultural Heritage Register and Database The Queensland Heritage Register Australia Paciic LNG Cultural Heritage Database Register o the National Trust o Queensland Data in heritage studies previously carried out in nearby areas Publicly available books and local histories Targeted ield inspections to test the validity o models o Indigenous site distribution, developed rom the literature review. The second stage used these mapped site locations to identiy patterns in the data and rom these identiy zones o high site occurrence and high site potential (site provinces) (reer to Figure 18.1). These zones guided planning, to minimise potentially adverse impacts to signiicant cultural landscapes and heritage sites. The third stage o the assessment process will urther reine development through targeted ield investigations, checking the validity o the identiied sensitivity zones and identiying urther heritage eatures to be protected rom construction impacts. Field investigations will be undertaken with representatives o Aboriginal parties. In accordance with Part 7 o the Aboriginal Cultural Heritage Act 2003, CHMPs are being developed or this project. Part 4 o the Act provides a ramework or the identiication o an Aboriginal party or parties or a particular area. Aboriginal parties that are endorsed are required to be consulted regarding the development o CHMPs. The identiied Aboriginal parties or the gas ields' study area are outlined in Section18.3.5, which also provides an update o the progress o the CHMP development Limitations While register searches provide a small catalogue o sites to be considered and avoided during inrastructure planning, the results o these searches cannot be construed as a comprehensive record o the Aboriginal cultural heritage sites in the region. Site registers document unusual or spectacular sites known to the community, or Indigenous objects and areas identiied during previous intensive cultural heritage clearances. Many parts o the study area have not yet been examined or traces o prior Aboriginal habitation, yet are likely to contain Aboriginal cultural heritage. Page 4

7 Commonwealth o Australia (Geoscience Australia) 2010, The State o Queensland (Department o Natural Resources and Water) 2010, The State o Queensland (Environmental Protection Agency) 2010, WorleyParsons Services Pty Ltd Users o the inormation recorded in this document (the Inormation) accept all responsibility and risk associated with the use o the Inormation and should seek independent proessional advice in relation to dealings with property. Despite Department o Natural Resources and Water (NRW)'s best eorts, NRW makes no representations or warranties in relation to the Inormation, and, to the extent permitted by law, exclude or limit all warranties relating to correctness, accuracy, reliability, completeness or currency and all liability or any direct, indirect and consequential costs, losses, damages and expenses incurred in any way (including but notlimited to that arising rom negligence) in connection with any use o or reliance on the Inormation Injune ST GEORGE â! ROMA Precipice National Park Taroom Wandoan Miles Surat Borania State Forest Rockybar State Forest Barakula State Forest Chinchilla Tara Jandowae DALBY Millmerran km SCALE - 1 : 1,250,000 (at A3) Latitude/Longitude Geocentric Datum o Australia 1994 Oakey Nanango Yarraman TOOWOOMBA WARWICK Biggenden Crows NT SA QLD Area o Interest NSW 0 100km % Major towns Mitchell â Fairview gas plant Existing inrastructure Proposed Inrastructure Injune ROMA ST GEORGE Pipeline compressor station Chinchilla Volume 2 Chapter 18 Figure 18.1 Registered Indigenous Cultural Heritage Sites and Identiied Site Provinces Jandowae Millmerran K:\ORIGIN\ \GIS\Maps\ EN-DAL-2246-Rev0(Vol2Chp18_Gasield_Indig_Sites).wor Surat LEGEND Taroom Wandoan Road Railway Gas pipeline route High pressure gas pipelines Alternative high pressure gas pipelines Water transer pipelines Alternative water transer pipelines Brine pond Gas processing acility Alternative gas processing acility Water transer station Water treatment acility Gas ields study area Indigenous Cultural Heritage Miles Indigenous cultural heritage site registered on the National Estate Tara Major watercourses Registered indigenous cultural heritage site DERM Cultural Heritage register search area Condamine River province Walloons gas ields development areas Combabula / Ramyard Woleebee Carinya Estate Type Source Inormation Conservation park (CP) Forest reserve (FR) Condabri National park recovery (NC), National park (NP) and National park scientiic (NS) Talinga / Orana Dalwogan MAP KEY Kainama Mundubbera Gilbert Gully State orest (SF) DALBY Inglewood Timber reserve (TR) Resources reserve (RR) Cadastre and Easements Department o Natural Resources and Water, Queensland 2009 Protected Areas O Queensland (estate), Queensland Heritage Register Boundaries, Wetlands Directory o Important Department o Environment and Resource Management (DERM) 2009 Registered Indigenous Cultural Heritage Sites Heritage Consulting Australia (07/01/2010) Heritage Consulting Australia (18/01/2010) AUSTRALIA PACIFIC LNG PROJECT

8 18.3 Cultural heritage values Included in this section is an evaluation o the archaeological context or Indigenous use o the Project's gas ields, the outcomes o the register searches and the constraints analysis. Following this, an update about CHMP negotiations with the identiied Aboriginal parties is provided. A detailed outline o the historical context o Indigenous use o Project's gas ields can be ound in the Volume 5 Attachment Archaeological context Recent archaeological studies (Lance 2009) have been carried out in the Yuleba district, in the western portion o the gas ields. These studies provide the irst radiocarbon dates in the area, demonstrating an Aboriginal presence o at least 6,700 years. Scatters o stone arteacts and stratiied occupation deposits are the most commonly represented Indigenous sites in the gas ields' study area. Older, deep, dated archaeological sequences are known to occur in the region adjacent to the gas ields. These sites provide evidence o Aboriginal occupation dating back nearly 20,000 years. The oldest tools in these stratiied rock-shelter sites are simple retouched lakes, believed by the researchers to have been hand-held tools. From around 4,100 years at Kenni Cave and 3,500 years ago at The Tombs, a suite o small implements was added to the toolkit. These implements including backed arteacts (points and microliths) and adzes. These were interpreted by the researchers as having been hated into handles and used as composite tools. About 2,500 years ago, the small, retouched tools were dropped rom the tool assemblage and the long, retouched Juan knie was added, although it did not necessarily unctionally replace the small tools. The main raw material used or tool manuacture throughout the sequence was quartzite, although within the last 4,000 years volcanic stone was also used. Sites excavated in the Balonne River sub-catchment area (Lance 2009) contain stone arteact assemblages more similar to those rom the Dawson River catchment investigated by Morwood and Godwin (1987) than rom the Central Queensland sandstone belt sites. In both sets o open sites there is an absence o ormal tool types, such as adzes, backed arteacts and extensively retouched lake tools. While there is an overlap in the period that these sites were occupied, there appears to be little overlap in the tool industries present. The sites in the Yuleba district were occupied by Aboriginal people using unspecialised lake tool industries with an absence o ormal tool types, at the same time as Aboriginal people occupying shelters in the sandstone belt were using specialised tool industries, with large numbers o retouched tools and ormal tool types. One possible explanation is that there were cultural dierences between those using the sandstone belt sites and those occupying sites in the Balonne River sub-catchment. As the ormal tool types are known rom open sites elsewhere in the study region, such an interpretation is unjustiied. The discrepancy can better be explained as resulting rom dierences in activities occurring in rock-shelters compared with open sites. Morwood and Godwin (1987) excavated several open and rock-shelter sites along the Dawson River near Nathan Gorge, 70km to the north o the gas ields' study area. These sites include shell middens and occupation deposits with stone arteact assemblages and date rom the last 1,500 years. Tools ound in these sites were only partially retouched or had edge damage, indicative o use. There were ew ormal tool types (backed arteacts, adzes, 'scrapers'). At Site 3, 21.5% o the 79 pieces bore traces o retouch or use (Morwood and Godwin 1987). At Site 5, a hearth associated with shell midden and small number o stone arteacts was excavated and recovered charcoal revealed the hearth dated Page 6

9 rom 300±60bp (Morwood and Godwin 1987). Shell midden recovered rom the same site gave a date o 610±50bp. The middens were small and discrete, characteristic o the 'dinner-time camp' identiied in ethno-historical studies carried out in northern Australia (Meehan 1982, 1988) Constraints analysis Patterns o site distribution and heritage site sensitivity were sought rom known sites mapped using geographic inormation systems (GIS) sotware. These assisted with the initial high level evaluation o actors potentially aecting the selection o sites or gas ields' acilities. By examining the environmental setting o each previously located site and comparing this with Indigenous land use patterns rom elsewhere in the region, it was possible to develop a model o precontact Indigenous settlement in the area to explain site distribution. This allows site patterning to be predicted in areas where no sites had previously been ound, based upon the distribution o key resources (ood, water, raw materials or tool manuacture). Figure 18.1 provides an outline o registered Indigenous cultural heritage sites and the identiied Condamine River site province. A similar investigation o site distribution in the wider south-east Queensland bioregion was undertaken by Rowland and Connelly (2002) using a larger data set. The types o sites and the distribution patterns they detected have direct relevance to the present study. Rowland and Connolly (2002) observed within inland settings, nearly 50% o sites occur within 200m o water sources and 91.5% within 700m o a water source. In the present study area, an examination o the data, primarily rom Department o Environment and Resource Management, showed a similar pattern, with many sites located within 200m o watercourses and most within 700m o water. As most o the sites and isolated arteacts were located during survey o cross-country utilities, which are planned to avoid watercourses, this has skewed the results in avour o cultural heritage items distant rom water. Despite this limitation, the indications were clear, with approximately 70 to 80% o Department o Environment and Resource Management-recorded sites located within 700m o a watercourse. Generalised models o site distribution tally with the patterning o sites ound in the Project's gas ields, suggesting the models have widespread application. It is possible to identiy zones o high archaeological potential, which may impose constraints to the positioning o project inrastructure. It is o course only possible to ascertain whether these impose actual constraints, once detailed ield studies o the gas ields' inrastructure locations has been completed and analysed. While the Department o the Environment and Resource Management and project data rom which site distribution models were generated is patchy, it is possible to discern patterns and correlations between sites and landscape types hinting at the potential or site occurrence, even in areas where no sites (or at least very ew sites) have previously been detected. In some localities, the presence o avourable landscape conditions (e.g. availability o raw materials suitable or stone tool manuacture, or the presence o concentrated ood resources) orecasts the presence o high site densities or highly signiicant resource exploitation sites, including quarries. These high-sensitivity localities are termed 'site provinces'. One such province o relevance to the gas ields' area is the Condamine River site. Sites in this zone include stone arteact scatters and scarred trees. Based upon the constraints analysis, the ollowing conclusions have been derived: a) Isolated stone arteacts and stone arteact scatters are clearly the main evidence o prior Aboriginal habitation across the gas ields' study area and relect the durability o this orm o Page 7

10 evidence. Isolated stone arteacts may represent the discarding or loss o maintenance tools during oraging expeditions or may result rom incomplete exposure o larger concentrations o arteacts let during more intensive activity. These traces may point to the location o other, more substantial archaeological sites, namely, stratiied occupation deposits b) There is a strong likelihood that cultural heritage areas and objects, particularly isolated stone arteacts and arteact scatters, scarred trees, shell middens and hearths will be identiied throughout the gas ields. In all instances where previous surveys have occurred, sites and isolated arteacts have been detected. These items are most commonly ound near water c) Site densities decline with distance rom water sources. The decrease relects the concentration o Indigenous domestic activities near water sources. Beyond 200m, sites with stone arteacts are usually smaller (unless these comprise raw material sources), relecting shorter periods o continuous use d) Where gas ields' inrastructure is located in site rich landscapes, such as the Condamine River Site Province, or where it is located within the vicinity o previously recorded sites, detailed impact mitigation measures may be required e) Burial sites are most oten uncovered rom sot sediments (bordering dunes, riable silts) near water, or as bundle burials or cached secondary interments in sandstone shelters. Avoiding areas with these types o geological proiles mitigates the potential or the inadvertent disturbance o burial sites ) While cultural heritage objects and areas have been ound across the gas ields' study area, these do not necessarily represent an irredeemable impediment to construction. Isolated stone arteacts and small stone arteact scatters may be avoided by minor relocation o the proposed development, or through recovery o occupation material using surace collection or controlled excavation. These issues will be dealt with ollowing consultation with the relevant Aboriginal parties and outlined in negotiated and approved CHMPs. Much o the assessment will reer to the CHMPs to be developed or the gas ields. Conidential results o previous heritage surveys held by the Aboriginal parties will be combined with ieldwork results to help inorm the CHMP process Results o register searches A small number o Indigenous cultural heritage sites are listed on local, State and Federal heritage registers within the gas ields' study area. All registered sites have been taken into account during project planning and have been avoided. Register o the National Estate or World Heritage Area Two Indigenous places registered on the National Estate have been identiied in the gas ields' study area. These are: Indigenous Place, Kogan ID: 13810, ceremonial site Indigenous Place, Kogan ID: 13812, ceremonial site. No listed World Heritage or National Trust o Queensland Heritage areas were identiied in the gas ields. Page 8

11 Aboriginal Cultural Heritage Database and Register A total o 274 sites listed on the Queensland Heritage Database and Register are ound within 2km o proposed inrastructure (pipelines, water pipelines, compressor station sites) in the gas ields. These include a large number o scarred trees and hatchet head grinding grooves located in the Condamine River Site Province. Numerous sites have been recorded in the northern section o the gas ields. These include numerous isolated stone arteacts and clusters o arteacts given the same site number, but separate listing status in the heritage register. O the 274 sites, 199 are ound within 1km and seven within 100m o planned acilities. A ull list o sites can be ound in Volume 5 Attachment 36. These registered Indigenous cultural heritage sites are shown in Figure Local heritage lists and heritage overlays No places or sites with Indigenous values are recorded on the local heritage list or the Western Downs Regional Council. Australia Paciic LNG cultural heritage database Sites and isolated arteact occurrences have been recorded during site clearances or Australia Paciic LNG. In accordance with the wishes o the Aboriginal parties, who have responsibility or Aboriginal cultural heritage in the gas ield area, the details o these sites remain conidential. The locations o these recorded sites and heritage locations would be taken into account whenever inrastructure is planned, and are avoided or otherwise appropriately managed Field surveys Targeted ield surveys were conducted with Traditional Owner representatives to test site distribution models and to examine sensitive landscapes where inrastructure development may occur. These locations showed a clustering o sites containing stone arteacts along even the smallest watercourse. A similar pattern o site distribution was seen in earlier studies carried out through the region (Lance and McNamara 2004; Lance 2001a and b, 2008, 2009). Site investigations were carried out in the western portion o the gas ields, north o Wallumbilla, in the vicinity o Cattle Creek and near Ten Mile Creek. These highlighted patterns o site and isolated arteact distribution that had been revealed during earlier intensive ield investigations carried out with the Mandandanji People (Lance 2008, 2009). The ubiquitous presence o archaeological traces occurs throughout the landscape, both near water sources and in areas distant rom water. Sites were ound up to 2km rom water sources and located in areas that may have been on access routes through the region. All these inspected areas will be subject to detailed recording by the Aboriginal parties as part o negotiated CHMPs. The ield inspection o the Mandandanji portion o the gas ields was carried out in June 2009 with Ron (Sonny) Manns. The majority o the examined sites were to the west o the gas ields, although considerable concern was shown or contact sites in the vicinity o Tchanning Creek. These sites are well known to the Mandandanji people, who will ensure that these are protected during construction activities that take place in the gas ields, as part o a CHMP negotiated with the group. Cultural heritage assessments o the gas ields' development area will be undertaken in accordance with approved CHMPs. Page 9

12 Cultural heritage management plan development Aboriginal party identiication Australia Paciic LNG has undertaken appropriate steps to identiy correct Aboriginal parties in accordance with the Aboriginal Cultural Heritage Act Table 18.1 and Figure 18.2 provide an outline o Aboriginal parties within the gas ields' development area. The entire gas ields' development area is covered by an Aboriginal party that can be identiied by being a currently registered, or previously registered, Native Title claim group or an area where there is currently no registered Native Title claimant. The Aboriginal parties identiied in this table were endorsed to take part in CHMP development or the Project. Table 18.1 Identiied Aboriginal parties Name o Aboriginal party Iman People # 2 (QC 97/55) Mandandanji People (QC 08/10) Mandandanji People 2 (QC 97/50) Barunggam People (QC 99/5) Western Wakka Wakka People (QC 99/4) Bigambul People (QC 09/02) Category o Aboriginal party Aboriginal party (registered Native Title claim) Aboriginal party (registered Native Title claim) Aboriginal party (previously registered Native Title claim) Aboriginal party (previously registered Native Title claim) Aboriginal party (previously registered Native Title claim) Aboriginal party (registered Native Title Claim) Engagement with Aboriginal parties Table 18.2 provides an update on the status o CHMP negotiations with Aboriginal parties. Table 18.2 Status o cultural heritage management plan negotiations Aboriginal party Consultations commenced Number o Meetings CHMP status Expected timing or CHMP Iman People # 2 (QC 97/55) Mandandanji People (QC 08/10) Mandandanji People 2 (QC 97/50) Barunggam People (QC 99/5) Western Wakka Wakka People (QC 99/4) Bigambul People (QC 09/02) June CHMP has agreed N/A June CHMP has been agreed N/A June CHMP has been agreed N/A August Negotiations are ongoing May 2010 December Negotiations are ongoing May 2010 February CHMP has been agreed N/A Page 10

13 MAP KEY Commonwealth o Australia (Geoscience Australia) 2009, The State o Queensland (Department o Natural Resources and Water) 2009, National Native Title Tribunal (2009), WorleyParsons Services Pty Ltd Users o the inormation recorded in this document (the Inormation) accept all responsibility and risk associated with the use o the Inormation and should seek independent proessional advice in relation to dealings with property. Despite Department o Natural Resources and Water (NRW)'s best eorts, NRW makes no representations or warranties in relation to the Inormation, and, to the extent permitted by law, exclude or limit all warranties relating to correctness, accuracy, reliability, completeness or currency and all liability or any direct, indirect and consequential costs, losses, damages and expenses incurred in any way (including but notlimited to that arising rom negligence) in connection with any use o or reliance on the Inormation Injune ST GEORGE â! ROMA Taroom Wandoan Miles Surat Tara Chinchilla Jandowae DALBY Millmerran Oakey km SCALE - 1 : 1,250,000 (at A3) Latitude/Longitude Geocentric Datum o Australia 1994 Nanango Yarraman TOOWOOMBA Biggenden Walloons gas ields development areas Crows Combabula / Ramyard Condabri NT SA QLD Area o Interest NSW 0 100km Major towns Mitchell â Fairview gas plant % Existing inrastructure Proposed Inrastructure Native Title Claim ST GEORGE Chinchilla Volume 2 Chapter 18 WARWICK Figure Native Title Claims Injune ROMA Pipeline compressor station Port Curtis Coral Coast (QC01/29) Wakka Wakka People 2 (QC99/33) Bigambul People (QC09/2) Djaku-nde and Jangerie Jangerie Peoples (QC00/10) Gangulu People (QC97/36) (de-registered) Jandowae Millmerran K:\ORIGIN\ \GIS\Maps\ EN-DAL-2245-Rev0(Vol2Chp18_Gasield_NT_Claims).wor Surat LEGEND Taroom Wandoan Railway Gas pipeline route High pressure gas pipelines Alternative high pressure gas pipelines Water transer pipelines Alternative water transer pipelines Brine pond Gas processing acility Alternative gas processing acility Water transer station Water treatment acility Gas ields study area Woleebee Carinya Road Miles Source Inormation Cadastre and Easements Department o Natural Resources and Water, Queensland 2009 Native Title Claims National Native Title Tribunal (2009) extracted in November 2009 Historical Native Title Claims Origin Energy Tara Major watercourses Mundubbera DALBY Inglewood Iman People 2 (QC97/55) Wulli Wulli People (QC00/7) Bidjara People (QC08/5) Mandandanji People (QC08/10) Mandandanji People (QC97/050) (de-registered) Barunggam People (QC99/5) (dismissed) Western Wakka Wakka (QC99/004) (de-registered) Talinga / Orana Dalwogan Kainama Gilbert Gully AUSTRALIA PACIFIC LNG PROJECT

14 Engagement o Aboriginal parties has been undertaken through an agreed communication protocol where Australia Paciic LNG requests ormal meetings with the appropriate representatives o the Aboriginal party. The meetings have generally included representatives o the Aboriginal party and their technical or legal advisors. In these meetings, the Project and appropriate management and mitigation strategies or Indigenous cultural heritage have been discussed. CHMP's that have been agreed to date have generally addressed similar issues, but the negotiation process has resulted in CHMPs being speciic and unique or each Aboriginal party. Agreed CHMP's have generally addressed: Ongoing communication protocol's between Australia Paciic LNG and the Aboriginal party Processes or the assessment o Indigenous cultural heritage sites and values Processes or the management o Indigenous cultural heritage sites and values Processes in case o an accidental ind o cultural material Procedures i human remains are ound. It is currently proposed that all CHMPs will be submitted or approval to the Chie Executive o the Queensland Department o Environment and Resource Management, in June Cumulative impacts In addition to impacts that will arise rom construction o the gas ields, inrastructure will occur along the gas pipeline and at the LNG acility on Curtis Island at the northern end o the pipeline. Flexibility relating to the placement o these acilities will minimise the impacts to Indigenous heritage sites and places, and any potential impacts will be managed through the mechanism o negotiated agreements with the relevant Aboriginal parties. The potential eects o several planned third-party projects also need to be considered. These other projects could potentially place other Aboriginal cultural heritage at risk, but these proponents are also required to develop CHMPs to manage this risk. Other land uses (agriculture and pastoralism) and natural processes (erosion and decomposition) also contribute to the loss o, or harm to, Aboriginal cultural heritage. Matters o national environmental signiicance Two Indigenous sites o national heritage signiicance have been identiied in the gas ields' study area. These sites are shown in Figure These are two stone arrangements on the Register o the National Estate. The location o these eatures will be reconirmed prior to construction and all inrastructure associated with developing the well and gas and water gathering network will be relocated to avoid these sites. A buer will ensure that the sites and curtilage are avoided Potential impacts There is a considerable degree o lexibility in the placement o acilities in the gas ields. Wells, access roads, compressor stations and gas and water gathering pipelines can generally be sited to address landholder concerns and avoid locations o Indigenous cultural heritage and biodiversity signiicance. In instances where this cannot be avoided, measures to mitigate impacts will be agreed with the Aboriginal parties, in accordance with approved CHMPs. No listed Indigenous cultural heritage is likely to be impacted by construction o planned inrastructure in the gas ields. This has been achieved through early identiication o these locations. O the 274 Page 12

15 sites on the Queensland Aboriginal Heritage Register and Database, only seven are within 100m o any presently planned inrastructure. Figure 18.1 provides an outline o site locations in relation to project inrastructure. These will be avoided and appropriate measures taken to ensure that sites are not accessed and/or accidentally damaged during construction. Items o unrecorded Indigenous cultural heritage may occur near proposed inrastructure developments and without appropriate site management initiatives, may be threatened by construction impacts. Unrecorded Indigenous heritage resources within impact areas will be identiied during dedicated ield surveys conducted by each relevant Aboriginal party as agreed in the CHMP. The conduct o the cultural heritage study and the implementation o site protection or remediation measures will be speciied in approved CHMPs, either already agreed or still to be negotiated with each Aboriginal party with an interest in lands in the gas ields. Impact mitigation measures that may be required include avoiding certain highly sensitive areas, carrying out more ield investigations including sub-surace testing, recovering datable occupation material, and collecting and relocating cultural heritage items Mitigation and management For the management and mitigation o impacts on Indigenous cultural heritage, Australia Paciic LNG will use a range o cultural heritage management processes and proven procedures that Origin has eectively implemented in the Queensland regional areas or similar projects. In addition, a number o CHMPs will be developed based on these existing processes and procedures and implemented or the Project, recognising the primary role o Indigenous people in the custodianship o their heritage. The mitigation measures included within the CHMPs will be comprehensive and entail a number o possible procedures that will include (but not be limited to): Avoiding Indigenous cultural heritage, wherever practical Carrying out urther detailed ield investigations Collecting and relocating cultural heritage items, as agreed with the relevant Aboriginal parties. Management measures during construction will include: Cultural heritage induction or the workorce and possible monitoring o speciic construction activities Procedures or unexpected inds A conlict resolution process. Following completion o the Project, cultural heritage items recovered prior to construction and objects identiied and salvaged during construction may require management and sae-keeping. Issues relating to the storage o objects will be agreed upon and speciied in the CHMP Conclusions Assessment outcomes The assessment o Indigenous cultural heritage or the Project, and the proposed management strategy has been designed to avoid and/or minimise any impacts to Indigenous cultural heritage. The assessment has included collating site data throughout the gas ields' study area rom a range o sources including the Aboriginal Heritage Register and Database, published and unpublished sources, Page 13

16 preliminary site studies undertaken with Aboriginal parties in the gas ields and modelling o site distribution as part o the constraints analysis. To minimise construction impacts, inrastructure locations have been and will continue to be selected with due consideration to the location o these registered sites. All registered sites in the gas ields have been avoided, indicating Australia Paciic LNG's desire to avoid culturally signiicant sites. However, urther unidentiied sites are likely to be ound in the gas ields, and mechanisms or dealing with these unrecorded sites have been included when preparing and negotiating CHMP strategies with the endorsed Aboriginal parties. A summary o the values, sustainability principles, potential impacts and mitigation measures in relation to Indigenous cultural heritage is presented below in Table This includes the residual risk levels or Indigenous cultural heritage. Mitigation measures to reduce the risk have been nominated and the residual risk has been calculated. Further details on the risk assessment methodology are provided in Volume 1 Chapter 4. Page 14

17 Table 18.3 Summary o values, sustainability principles, potential impacts and mitigation measures Values Sustainability principles Potential impacts Possible causes Mitigation and management measures Indigenous cultural heritage values - (design construction and operation) Minimising adverse environmental impacts and enhancing environmental beneits associated with Australia Paciic LNG's activities, products or services; conserving, protecting, and enhancing where the opportunity exists, the biodiversity values and water resources in its operational areas Design Harm to Indigenous cultural heritage associated with acility design or site investigations Design process does not adequately consider Indigenous cultural heritage issues. Disturbance to Indigenous cultural heritage rom site investigations. CHMP to detail process or the assessment and management o Indigenous cultural heritage. Avoidance principle to be implemented where practicable. Respecting the rights, interests and diverse cultures o the communities in which Australia Paciic LNG operates Engaging regularly, openly and transparently with people and communities aected by Australia Paciic LNG's activities, considering their views in its decision-making and striving or positive social outcomes Construction - Harm to Indigenous cultural heritage arising rom construction activities Project personnel not aware o Indigenous cultural heritage management procedures Project personnel not ollowing appropriate Indigenous cultural heritage management procedures. CHMP to include procedures or the management o Indigenous cultural heritage. This will include: Inductions or employees Procedures in case o a ind o cultural material Procedures in the event human remains are ound Procedures or the management o identiied areas or objects Page 15 Residual risk level Low Low

18 Values Sustainability principles Potential impacts Possible causes Mitigation and management measures Working cooperatively with communities, governments and other stakeholders to achieve positive social and environmental outcomes, seeking partnership approaches where appropriate. Operation - Harm to Indigenous cultural heritage arising rom operational activities. Operations personnel not aware o Indigenous cultural heritage management procedures Operations personnel not ollowing appropriate Indigenous cultural heritage management procedures. CHMP to include procedures or the management o Indigenous cultural heritage. This will include: Inductions or employees Procedures in case o a ind o Indigenous cultural heritage Procedures in the event human remains are ound Procedures or the management o identiied areas or objects Page 16 Residual risk level Low

19 Commitments Australia Paciic LNG commits to continued engagement and negotiations with endorsed Aboriginal Parties and to developing (where not already developed) and implementing approved cultural heritage management plans or the gas ields' development area. Australia Paciic LNG is seeking to develop long-term relationships with Aboriginal parties and broader indigenous communities through implementing an Indigenous engagement strategy. Page 17

20 Reerences Lance, A 2001a, A cultural heritage survey o the proposed Glentulloch Pipeline, Injune district, Queensland, a report to OCA and the Bidjara Aboriginal community. Lance, A 2001b, A cultural heritage survey o the proposed Myall Creek Pipeline, Surat district, Queensland, a report to OCA and the Mandandanji and Gunggari Aboriginal communities. Lance, A 2008, An archaeological investigation o the Mandandanji portion o the DDPS pipeline route, a report to Origin Energy. Lance, A 2009, A report on the excavation o our Mandandanji sites along the DDPS Pipeline Route, a report to Origin Energy Ltd. Lance, A and McNamara, K 2004, A heritage site clearance o the Durham to ML1A (PPL90) pipeline route, a report to Origin Energy and the Mandandanji #2 Native Title Claimant Group. Meehan, B 1982, Shell bed to shell midden, Australian Institute o Aboriginal Studies, Canberra. Meehan, B 1988, The dinner-time camp, in R. Jones and B. Meehan (eds.), Archaeology with Ethnography: An Australian Perspective, Australian National University, Canberra, pp Morwood, MJ and Godwin, L 1987, Archaeology o the Gyranda Region, Dawson River, Central Queensland, Queensland Archaeological Research, vol. 4, pp Rowland, M and Connolly, M 2002, Towards GIS mapping and spatial modelling o Archaeological sites in the southeast Queensland Bioregion, Queensland Archaeological Research, vol. 13, pp Page 18