ATLAS-CAMPASPE MINERAL SANDS PROJECT HERITAGE MANAGEMENT PLAN. AUGUST 2017 PREPARED BY LANDSKAPE ID: docx

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1 ATLAS-CAMPASPE MINERAL SANDS PROJECT HERITAGE MANAGEMENT PLAN AUGUST 2017 PREPARED BY LANDSKAPE ID: docx

2 TABLE OF CONTENTS Section Page 1 INTRODUCTION SCOPE STRUCTURE OF THE HERITAGE MANAGEMENT PLAN CONSULTATION FOR THE HERITAGE MANAGEMENT PLAN 6 2 STATUTORY REQUIREMENTS EP&A ACT DEVELOPMENT CONSENT Heritage Management Plan Management Plan Requirements COMMONWEALTH APPROVAL KEY REGULATORY GUIDELINES 9 3 ABORIGINAL CULTURAL HERITAGE SITES AND ABORIGINAL HERITAGE VALUES ABORIGINAL CULTURAL HERITAGE SITES KEY ABORIGINAL HERITAGE VALUES 11 4 HISTORICAL HERITAGE SITES AND VALUES HISTORICAL HERITAGE SITES KEY HISTORICAL HERITAGE VALUES 17 5 POTENTIAL IMPACTS TO WORLD HERITAGE AND NATIONAL HERITAGE 19 6 MANAGEMENT OF ABORIGINAL HERITAGE PROTOCOL FOR THE ONGOING INVOLVEMENT OF THE ABORIGINAL COMMUNITY Registered Aboriginal Parties Ongoing Consultation with Registered Aboriginal Parties Involvement of Registered Aboriginal Parties in Fieldwork SUMMARY OF MANAGEMENT MEASURES FOR ABORIGINAL CULTURAL HERITAGE SITES LAND MANAGEMENT STRATEGIES AVOIDANCE Aboriginal Cultural Heritage Sites to be Avoided Construction of Protective Fencing RECORDING AND SURFACE COLLECTION General Procedures Aboriginal Cultural Heritage Sites to be Recorded and Collected Research Methodology ARTEFACT ANALYSIS MONITORING OF ABORIGINAL CULTURAL HERITAGE SITES PROTOCOL FOR THE MANAGEMENT OF PREVIOUSLY UNRECORDED ABORIGINAL CULTURAL HERITAGE SITES PROTOCOL FOR DISCOVERY OF HUMAN REMAINS MANAGEMENT OF THE ABORIGINAL CULTURAL HERITAGE SITES DATABASES MANAGEMENT OF CULTURALLY SENSITIVE INFORMATION MANAGEMENT OF A TEMPORARY KEEPING PLACE ABORIGINAL COMMUNITY ACCESS ASSESSMENT OF ANY FUTURE ALTERATIONS TO SURFACE DEVELOPMENT AREAS i

3 7 MANAGEMENT OF HISTORICAL HERITAGE AVOIDANCE PROTOCOL FOR THE MANAGEMENT OF PREVIOUSLY UNRECORDED HISTORICAL HERITAGE SITES MANAGEMENT OF THE HISTORICAL HERITAGE SITES DATABASE 32 8 HERITAGE INDUCTIONS AND TRAINING ATLAS-CAMPASPE MINERAL SANDS PROJECT INDUCTION ABORIGINAL CULTURAL HERITAGE AWARNESS TRAINING PROGRAM 34 9 PERFORMANCE MEASURES KEY PERFORMANCE MEASURES KEY MANAGEMENT TARGETS CONTINGENCY PLAN ROLES AND RESPONSIBILITIES ANNUAL REVIEW AND IMPROVEMENT OF THE HERITAGE MANAGEMENT PLAN ANNUAL REVIEW HERITAGE MANAGEMENT PLAN REVIEW REPORTING SYSTEMS REFERENCES 41 LIST OF TABLES Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Heritage Management Plan Requirements Management Plan Requirements Commonwealth Approval Heritage Requirements Registered Aboriginal Parties for the Project Summary of Key Management Targets Roles and Responsibilities LIST OF FIGURES Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Project Location Atlas-Campaspe Mine General Arrangement Ivanhoe Rail Facility General Arrangement Atlas-Campaspe Mine Aboriginal Cultural Heritage Sites Mineral Concentrate Transport Route Aboriginal and Non-Aboriginal Heritage Sites Ivanhoe Rail Facility Aboriginal Cultural Heritage Sites LIST OF APPENDICES Appendix A Glossary of Terms and Abbreviations Appendix B Aboriginal Cultural Heritage Sites at the Atlas-Campaspe Mineral Sands Project Appendix C Historical Heritage Sites at the Atlas-Campaspe Mineral Sands Project Appendix D Summary of Management Measures for Aboriginal Cultural Heritage Sites at the Atlas- Campaspe Mineral Sands Project ii

4 1 INTRODUCTION The Atlas-Campaspe Mineral Sands Project (the Project) is being developed by Cristal Mining Australia Limited (Cristal Mining) (ABN: ), which is wholly owned by Cristal Australia Pty Ltd. Cristal Australia Pty Ltd is a wholly-owned subsidiary of The National Titanium Dioxide Company Limited. The Project includes the development of a mineral sands mining operation (herein referred to as the Atlas-Campaspe Mine), together with the construction and operation of a rail loadout facility located near the township of Ivanhoe (herein referred to as the Ivanhoe Rail Facility). The Atlas-Campaspe Mine is located approximately 80 kilometres (km) north of Balranald, New South Wales (NSW) and 270 km south-east of Broken Hill, NSW (Figure 1). The Ivanhoe Rail Facility is located approximately 135 km north-east of the Atlas-Campaspe Mine, and is approximately 4.5 km to the south-west of the township of Ivanhoe (Figure 1). Product (mineral concentrates) generated as a result of operations at the Atlas-Campaspe Mine will be trucked to the Ivanhoe Rail Facility for transfer to train wagons, which will then be railed to the existing Broken Hill Mineral Separation Plant (the MSP) (Figure 1). The Project will integrate with currently existing/approved Cristal Mining operations in western NSW, including (Figure 1): the MSP located in Broken Hill approximately 270 km north-west of the Atlas-Campaspe Mine; Snapper Mine located approximately 105 km to the west of the Atlas-Campaspe Mine; and Ginkgo Mine located approximately 100 km to the west of the Atlas-Campaspe Mine. The Project general arrangements and activities associated with the two main development components of the Project are described in the following sub-sections. Atlas-Campaspe Mine The main activities associated with the development of the Atlas-Campaspe Mine (Figure 2) will include: ongoing exploration activities; sequential development and operation of two separate mineral sands ore extraction areas within the Mining Lease; use of conventional mobile equipment to mine and place mineral sands ore into dry mining units at a maximum ore production rate of up to 7.2 million tonnes per annum; mineral processing infrastructure including the primary gravity concentration unit, salt washing facility and a wet high intensity magnetic separation (WHIMS) circuit; mineral concentrate stockpiles and materials handling infrastructure (e.g. towers and stackers); progressive backfilling of mine voids with overburden behind the advancing ore extraction areas or in overburden emplacements adjacent to the mine path; placement of sand residues and coarse rejects (and MSP process wastes) following mineral processing to either the active mining area (behind the advancing ore extraction area) or in sand residue dams;

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7 development of a groundwater borefield at the Atlas deposit and localised dewatering systems (bores, spearfields and trenches) at both the Atlas and Campaspe deposits, including associated pump and pipeline systems; reverse osmosis plant to supply the salt washing facility and potable water; progressive development of water storage dams, sediment basins, pumps, pipelines and other water management equipment and structures; administration/office buildings, car parking facilities, workshop and stores; on-site accommodation camp; sewage treatment plant; diesel powered generators, electricity distribution station and associated internal electricity transmission lines; site access road, internal access roads and haul roads; roadworks along the proposed mineral concentrate transport route to the Ivanhoe Rail Facility; transport of mineral concentrates along the mineral concentrate transport route to the Ivanhoe Rail Facility; road transport of MSP process waste in sealed storage containers from the Ivanhoe Rail Facility to the Atlas-Campaspe Mine for subsequent unloading, stockpiling and placement behind the advancing ore extraction areas; development of soil stockpiles and laydown areas; monitoring and rehabilitation; and other associated minor infrastructure, plant, equipment and activities. Ivanhoe Rail Facility The main activities associated with the construction and operation of the Ivanhoe Rail Facility located approximately 4.5 km south-west of Ivanhoe (Figure 3), will include: development of a rail siding for: loading of train wagons with mineral concentrate for rail transport to the MSP via the Orange Broken Hill railway; and unloading of MSP process waste in sealed storage containers (transported via the Orange Broken Hill railway) from train wagons; site access road and internal haul roads/pavements; hardstand areas for mineral concentrate and MSP process waste unloading, stockpiling/sealed container storage and loading; a retention basin, drains, pumps, pipelines and other water management equipment and structures; site office and car parking facilities; extension to existing 11 kilovolt powerline; monitoring, landscaping and rehabilitation; and other associated minor infrastructure, plant, equipment and activities

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9 1.1 SCOPE This Heritage Management Plan (HMP) has been prepared on behalf of Cristal Mining by Dr Matthew Cupper of Landskape (whose appointment has been approved by the NSW Department of Planning and Environment [DP&E] as a suitably qualified and experienced person ), to satisfy the requirements of NSW Development Consent (SSD_5012) and the requirements of Commonwealth Approval (EPBC 2012/6447). The HMP describes the management of Aboriginal and historic heritage at the Project in accordance with the above listed approvals. 1.2 STRUCTURE OF THE HERITAGE MANAGEMENT PLAN The remainder of the HMP is structured as follows: Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: Section 8: Section 9: Section 10: Section 11: Section 12: Section 13: Section 14: Appendix A: Appendix B: Appendix C: Appendix D: Outlines the statutory requirements applicable to the HMP. Outlines the Aboriginal cultural heritage sites and Aboriginal heritage values at the Project. Outlines the historic heritage sites and values at the Project. Considers the potential impacts of the Project on World Heritage and National Heritage values. Outlines management measures for Aboriginal heritage at the Project. Outlines management measures for historic heritage at the Project. Describes the protocols for heritage inductions and training. Describes the performance measures applicable to the management of Aboriginal and historic heritage at the Project. Provides a contingency plan to manage any unprecedented impacts and their consequences. Describes the roles and responsibilities in relation to the management of heritage at the Project. Provides details for the review and improvement of environmental performance process. Describes the management and reporting of incidents, complaints and non-compliances. Provides the references cited in the HMP. Provides a glossary of terms and abbreviations. Lists the Aboriginal cultural heritage sites at the Project. Lists the historical heritage sites at the Project. Summarises the management protocols for Aboriginal cultural heritage sites at the Project. 1.3 CONSULTATION FOR THE HERITAGE MANAGEMENT PLAN In accordance with Condition 28(b) of Schedule 3 of the Development Consent (SSD_5012) and Condition 9(a) of the of the Commonwealth Approval (EPBC 2012/6447), a draft of the HMP was provided to the NSW Office of Environment and Heritage (OEH) and the Registered Aboriginal Parties (RAPs) for their review and comment

10 2 STATUTORY REQUIREMENTS Cristal Mining s statutory obligations are contained in: the conditions of the NSW Development Consent (SSD_5012); the conditions of the Commonwealth Approval (EPBC 2012/6447); and other relevant legislation. Cristal Mining will apply for an Environment Protection Licence and Mining Lease as necessary. All conditions relating to heritage contained within these licences and leases will be complied with. 2.1 EP&A ACT DEVELOPMENT CONSENT A comprehensive list of all conditions in the Development Consent (SSD_5012) relevant to heritage management, and a description of where they are referenced in this HMP, is provided below Heritage Management Plan Condition 28, Schedule 3 of the NSW Development Consent (SSD_5012) requires the preparation of the HMP. Table 1 presents these requirements and where they are presented in the HMP. Table 1 Heritage Management Plan Requirements NSW Development Consent (SSD_5012) Condition 28. The Applicant shall prepare and implement a Heritage Management Plan for the development to the satisfaction of the Secretary. This plan must: (a) (b) be prepared by suitably qualified and experienced persons whose appointment has been endorsed by the Secretary; be prepared in consultation with OEH and Aboriginal stakeholders (in relation to the management of Aboriginal heritage values), and submitted to the Secretary for approval prior to commencing construction on the site; HMP Section All sections Section 1.1 Section 1.3 (c) include a protocol for responding to the discovery of any human remains on site; Section 6.9 (d) (e) a description of the measures that would be implemented for: protecting, monitoring and/or managing the heritage sites/items identified in Appendix 10; managing the discover of any human remains or previously unidentified Aboriginal objects on site; maintaining and managing reasonable access for Aboriginal stakeholders to heritage items on site; ongoing consultation with the Aboriginal stakeholders in the conservation and management of Aboriginal cultural heritage both on site; ensuring any workers on site receive suitable heritage inductions prior to carrying out any development on site, and that suitable records are kept of these inductions notifying the NSW Heritage Council upon discovery of any intact archaeological deposits or state significant relics; include a detailed plan for the implementation of the mitigation and management measures outlined for the specified heritage items in the EIS, including archival recording, historical research and archaeological assessment prior to any disturbance. Sections 6, 7 Sections 6.8 and 6.9 Sections 6.1, 6.12 and 6.13 Section 6.1 Section 8 Section 7.2 Section

11 2.1.2 Management Plan Requirements Condition 3, Schedule 4 of the NSW Development Consent (SSD_5012) outlines the general management plan requirements that are applicable to the preparation of the HMP. Table 2 presents these requirements and where they are addressed in the HMP. Table 2 Management Plan Requirements NSW Development Consent (SSD_5012) Condition 3. The Applicant shall ensure that the management plans required under this approval are prepared in accordance with any relevant guidelines, and include: HMP Section All sections (a) detailed baseline data; Sections 3 and 4, Appendices B and C (b) (c) (d) a description of: the relevant statutory requirements (including any relevant approval, licence or lease conditions); Section 2 any relevant limits or performance measures/criteria; Section 9 the specific performance indicators that are proposed to be used to judge the performance of, or guide the implementation of, the development or any management measures; a description of the measures that would be implemented to comply with the relevant statutory requirements, limits, or performance measures/criteria; a program to monitor and report on the: Section 9 All sections Impacts and environmental performance of the development; Sections 12 and 13 effectiveness of any management measures (see c above); Sections 12 and 13 (e) a contingency plan to manage any unpredicted impacts and their consequences; Section 10 (f) (g) a program to investigate and implement ways to improve the environmental performance of the development over time; a protocol for managing and reporting any: incidents; complaints; non-compliances with statutory requirements; and exceedances of the impact assessment criteria and/or performance criteria; and Section 12 Section 13 (h) a protocol for periodic review of the plan. Section COMMONWEALTH APPROVAL Condition 9 of the Commonwealth Approval (EPBC 2014/6447) includes requirements relevant to heritage management. Table 3 presents these conditions and where they are addressed in the HMP

12 Table 3 Commonwealth Approval Heritage Requirements Commonwealth Approval (EPBC 2012/6447) Condition 9. The approval holder must prepare and implement prior to commencement of the action, the Heritage Management Plan required by NSW approval condition 28 of Schedule 3 to ensure that no impacts occur to the World Heritage and National Heritage Values of the Willandra Lakes Area. The Heritage Management Plan must: a. be prepared and implemented in consultation with the relevant Aboriginal people with rights or interests in the place as identified in the Environment Impact Statement for the action; b. must recognise the principles identified in the Department s Ask First Guide that Indigenous people: i. are the primary source of information on the value of their heritage and how this is best conserved; ii. must have an active role in any Indigenous heritage planning process; iii. must have input into primary decision - making in relation to Indigenous heritage so they can continue to fulfil their obligations towards this heritage; and iv. must control intellectual property and other information relating specifically to their heritage, as this may be an integral aspect of its heritage value. HMP Section All sections Section 1.3 Sections 2, 6 c. include and consider the World and National Heritage values of Willandra Lakes region; Section 5 d. formalise protocols and policies for continued and regular consultation to identify, assess, protect and manage potential impacts of the action to known and newly discovered Indigenous heritage that are a part of the listed World Heritage and National Heritage values; and e. detail Aboriginal heritage and cultural awareness training program be conducted by the approval holder to all employees before the action is taken and with direct input from the relevant Aboriginal people with rights or interests in the place. Section Section KEY REGULATORY GUIDELINES The Acts, Regulations and Guidelines that may be applicable to the Project include, but are not necessarily limited to, the: Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act, 1984; Commonwealth Australian Heritage Council Act, 2003; Commonwealth Environment Protection and Biodiversity Conservation Act, 1999; Commonwealth Native Title Act, 1993; NSW Crown Lands Act, 1989; NSW Heritage Act, 1977; NSW National Parks and Wildlife Act, 1974; Engage Early (Commonwealth Department of the Environment, 2016); Aboriginal cultural heritage consultation requirements for proponents 2010 (NSW Department of Environment, Climate Change and Water [DECCW], 2010a); Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales (DECCW, 2010b); Guide to Investigating, Assessing and Reporting on Aboriginal Cultural Heritage in NSW (OEH, 2011); Ask First: A Guide to Respecting Indigenous Heritage Places and Values (Australian Heritage Commission, 2002);

13 Aboriginal Cultural Heritage: Standards and Guidelines Kit (National Parks and Wildlife Service, 1997); Draft Guidelines for Aboriginal Cultural Impact Assessment and Community Consultation (NSW Department of Environment and Conservation (DEC), 2005); Assessing Heritage Significance (NSW Heritage Office, 2001); NSW Minerals Industry Due Diligence Code of Practice for the Protection of Aboriginal Objects (NSW Minerals Council, 2011); and The Australian International Council on Monuments and Sites (ICOMOS) Burra Charter (Australia ICOMOS, 2013)

14 3 ABORIGINAL CULTURAL HERITAGE SITES AND ABORIGINAL HERITAGE VALUES 3.1 ABORIGINAL CULTURAL HERITAGE SITES A total of 100 Aboriginal cultural heritage sites were identified within the Project area and surrounds. This includes 78 Aboriginal cultural heritage sites identified at the Atlas-Campaspe Mine area (including the mineral concentrate transport route) and 22 Aboriginal cultural heritage sites identified at the Ivanhoe Rail Facility area during the Aboriginal and Non-Aboriginal Cultural Heritage Assessment for the Project Environmental Impact Statement (EIS) (Niche Environment and Heritage [Niche], 2012) (Figures 4, 5 and 6) (Appendix B). Aboriginal cultural heritage sites identified within the Project area and surrounds comprise 48 stone artefact scatters, 13 stone artefact scatters with hearths, two stone artefact scatters with hearths and non-human bone, one stone artefact scatter with hearths and freshwater mussel shell, 35 isolated finds of stone artefacts and one culturally modified tree (Niche, 2012). A detailed description of each of the Aboriginal cultural heritage sites identified within the Project area and immediate surrounds is provided in Appendix B. 3.2 KEY ABORIGINAL HERITAGE VALUES The Project area is located within the traditional country of the Barkandji (Paakantji), Muthi Muthi and Ngiyampaa peoples. A prevailing view throughout the Aboriginal consultation process undertaken for the Project EIS (Niche, 2012) and during development of this Heritage Management Plan is the importance of all physical evidence of past Aboriginal life to current Aboriginal communities. Aboriginal cultural heritage sites provide a tangible connection to past Aboriginal land use. Aboriginal cultural heritage sites are valuable in sustaining contemporary Aboriginal identity through opportunities for teaching and engagement with heritage in field investigations. It is also acknowledged that landforms, soils, water, flora and fauna resources are important in understanding how Aboriginal people would have used the landscape. During the consultation process undertaken for the Project EIS, the RAP representatives provided the following comments regarding Aboriginal heritage values: A cultural landscape joins all of the site features together to build a bigger picture of the landscape such as occupancy, use, recourses, and connections. The occupancy and use will give a quick snapshot of the areas landscape but when you include recourses and connections this then opens up the landscape to a much bigger picture of country. The bigger picture includes Vegetation types, Soil types, Landform & Units & Water that all make up a cultural landscape to sustain life for both Humans and Animals. Once you join the site types to land forms and closest proximity water you then get a quick idea of how people lived within a specific area. For instance a site featuring multiple types such as Hearth, Shell, Artefact, Non Human Bone materials such a fish bone and or bird bone indicates what kinds of recourses were available at the time of occupation within the area. If you have a Hearth this indicates a stable recourse such as trees to create the hearth (Fire) then if you look at the Shell and bone material contained within the Hearth this is your indicator of water recourses within this landscape as water sustains life as for the Artefacts their material types will also give an insight to where they come from and how they may have been used also some materials such as Quartz may have been traded into the area and either coming into the landscape by canoe or overland and traded in times of Ceremony evens. So after just looking at a site containing these site types you can start to build the bigger picture (Michael Kelly, on behalf of the Ngiyampaa People)

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18 Materials from site recordings should remain within the landscape and not transferred out of country for scientific purposes and should be kept in a designated keeping place on country to protect their integrity and cultural values. The reason this is mentioned is that there are huge collections of materials held within universities and museums within Australia that have been studied and recorded for many years what the people miss out on with carrying out this process in a uni other than on country is the spiritual connection to country in our beliefs as aboriginal people is that all of our tools and materials retain the spiritual connections to our ancestors through being able to sit down on country to look at our sites & feel the connection of our sitting, looking and feeling the connections you get an appreciation of what our people done to survive within their environment and what kept them in harmony with their landscape (Michael Kelly, on behalf of the Ngiyampaa People). Archaeological significance assessment of information collected by way of research and survey all of our sites are significant to our people as they hold the connection to country and tell the stories for country. Our sites such as artefact scatters and quarries are a teaching tool to show how the materials were graded and used to make items such as blades and wood working tools. If our old people didn t want us to see this material they would have either hidden it or destroyed it to protect its methods of production (Copy Right) so this is why they left it there for us understand the processes of tool making. This also applies to other site types within the landscape. These are just a couple of reasons why our sites are significant to our people and have cultural Values. The value of an individual site is not measured on a monetary sense but a cultural sense you may have heard the Question (Well how much is an Aboriginal site worth?) Answer? How much is your life worth? As our people lived and died to protect our knowledge and customs this extends to the knowledge hidden within these sites so this is why there should never be a monetary value imposed on Aboriginal sites only to protect and preserve them (Michael Kelly, on behalf of the Ngiyampaa People). The Muthi Muthi Nation, Yita Yita and Ngyampa people have shared the resources of these tribal lands for many thousands of years. The cultural connection of these people includes middens, scar trees, burial sites and other sacred sites which are integral to each other s culture and heritage and remain as a permanent bond to traditional country. These lands also contain large numbers of red Kangaroos which represent the Muthi Muthi totem (Muthi Muthi Nation Aboriginal Corporation). On a regional scale, the Project area represents an important Aboriginal cultural landscape (Niche, 2012). Aboriginal cultural heritage sites identified during the Aboriginal and Non-Aboriginal Cultural Heritage Assessment for the Project (Niche, 2012) document past Aboriginal land use in a previously less studied zone between the better known archaeology of the Willandra Lakes Region World Heritage Area to the north and the Murrumbidgee River to the south. The Aboriginal and Non-Aboriginal Cultural Heritage Assessment prepared for the Project (Niche, 2012) concluded that overall the Project area was of moderate scientific value, but this significance varies across the landscape. The sandplains and dunefields of the Atlas-Campaspe Mine area and the Ivanhoe Rail Facility area contain very few traces of past Aboriginal land use, with the exception of the Black Box swamp near the Campaspe deposit footprint (Niche, 2012). Artefacts are isolated or in very small concentrations, indicative of ephemeral use of these land systems by Aboriginal people in the past (Niche, 2012). These areas were probably only accessed by Aboriginal people in the past to collect available resources, or they may have been traversed as Aboriginal people moved around the landscape between larger, more permanent bases (Niche, 2012). With the exception of the Black Box swamp, Niche (2012) concluded the proposed disturbance areas were not foci for extended occupation or settlement by Aboriginal people. In comparison, the playas and relict lake areas that are traversed in places by the mineral concentrate transport route contain an abundance of Aboriginal cultural heritage sites, with higher frequencies and diversity of features present closer to the larger lakes of the area (Niche, 2012)

19 These Aboriginal cultural heritage sites contain a suite of features including stone artefacts, hearths, shell middens and faunal remains that have a higher potential to provide information on past Aboriginal land use of the Project area. The higher frequency, density and diversity of archaeological material in this area are indicative of much more intensive occupation, including longer-term settlement of the area (Niche, 2012). The relict lakes have lunettes and are likely to also contain a relatively long record of Aboriginal land use, however, the majority of the Aboriginal cultural heritage sites encountered during the survey were surface finds and are likely to date to more recent occupation (Niche, 2012). The Aboriginal cultural heritage sites identified in these areas have been subject to previous disturbance from the existing public road, reducing their scientific integrity (Niche, 2012)

20 4 HISTORICAL HERITAGE SITES AND VALUES 4.1 HISTORICAL HERITAGE SITES Two historical heritage sites were identified near the mineral concentrate transport route during the Aboriginal and Non-Aboriginal Cultural Heritage Assessment prepared for the Project EIS (Niche, 2012) (Figure 5) (Appendix C). These comprise: a blazed survey tree marked RD on the north side of Hatfield-The Vale Road, 6.5 km from the intersection with the Balranald-Ivanhoe Road; and ruins of a residential dwelling (possibly of the region s former postman) with associated domestic refuse east of the Magenta Road, about 250 metres (m) north of the intersection with the Boree Plains-Gol Gol Road (referred to as domestic dwelling remains ). 4.2 KEY HISTORICAL HERITAGE VALUES Historical heritage in the Project area primarily relates to the arrival of European pastoralists and associated industries from the 1840s. The two historical heritage sites identified are typical of features associated with settlement over the last half of the nineteen century and first half of the twentieth century, when municipal roads were first surveyed and established, and dwellings constructed. The NSW Heritage Branch (OEH) has produced the guideline Assessing Heritage Significance (NSW Heritage Office, 2001), which sets out the methods, and criteria for assessing historical heritage significance. The relevant parts of the requirements are reproduced below: An item will be considered to be of State (or local) historical heritage significance if, in the opinion of the Heritage Council of NSW, it meets one or more of the following criteria: Criterion (a) An item is important in the course, or pattern, of NSW s cultural or natural history (or the cultural or natural history of the local area); Criterion (b) An item has strong or special association with the life or works of a person, or group of persons, of importance in NSW s cultural or natural history (or the cultural or natural history of the local area); Criterion (c) An item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in NSW (or the local area); Criterion (d) An item has strong or special association with a particular community or cultural group in NSW (or the local area) for social, cultural or spiritual reasons; Criterion (e) An item has potential to yield information that will contribute to an understanding of NSW s cultural or natural history (or the cultural or natural history of the local area); Criterion (f) An item possesses uncommon, rare or endangered aspects of NSW s cultural or natural history (or the cultural or natural history of the local area); and Criterion (g) An item is important in demonstrating the principal characteristics of a class of NSW s: cultural or natural places; or cultural or natural environments (or a class of the local area s); or cultural or natural places; or cultural or natural environments

21 The blazed survey tree was determined to be of local significance under the NSW State Heritage Register Criterion (a) An item is important in the course, or pattern, of NSW s cultural or natural history (or the cultural or natural history of the local area). The site is considered to represent an important stage and element (development of municipal roads) of the local area s development. The domestic dwelling remains were determined to have local significance under the NSW State Heritage Register Criterion (e) An item has potential to yield information that will contribute to an understanding of NSW s cultural or natural history (or the cultural or natural history of the local area). The site has the potential to provide information about past historical life ways in the local area and region. The dwelling has been demolished, but the high number and the range of domestic items on the surface indicates an archaeological site that has the potential to yield information about how people lived during a time of development in the region. No items of State historical heritage significance were identified in the Project area or immediate surrounds (Niche, 2012)

22 5 POTENTIAL IMPACTS TO WORLD HERITAGE AND NATIONAL HERITAGE The Project area is situated near the Willandra Lakes Region World Heritage Area. The Willandra Lakes Region World Heritage Area is listed under both the World Heritage List and the National Heritage List. The values of the Willandra Lakes Region that meet the World Heritage criteria are: (iii) to bear a unique or at least exceptional testimony to a cultural tradition or to a civilization which is living or which has disappeared; (viii) to be outstanding examples representing major stages of earth's history, including the record of life, significant on-going geological processes in the development of landforms, or significant geomorphic or physiographic features; The values of the Willandra Lakes Region World Heritage Area that meet the National Heritage criteria are: (a) (b) (c) (g) the place has outstanding heritage value to the nation because of the place s importance in the course, or pattern, of Australia s natural or cultural history; the place has outstanding heritage value to the nation because of the place s possession of uncommon, rare or endangered aspects of Australia s natural or cultural history; the place has outstanding heritage value to the nation because of the place s potential to yield information that will contribute to an understanding of Australia s natural or cultural history; the place has outstanding heritage value to the nation because of the place s strong or special association with a particular community or cultural group for social, cultural or spiritual reasons. At its closest point the Willandra Lakes Region World Heritage Area is approximately 10 km from the closest disturbance footprint of the Atlas-Campaspe Mine. The mineral concentrate transport route is situated at a distance of between 28 km and 60 km from the Willandra Lakes Region World Heritage Area. Ivanhoe is approximately 80 km north of the northern boundary of the Willandra Lakes Region World Heritage Area. The landscape features from which the world heritage values are derived are lunettes and associated relict lake and inter-lake areas. Combined, these landforms preserve a rich palaeo-environmental (World Heritage criterion viii; National Heritage criteria [a], [b], [c]) and cultural (World Heritage criterion iii; National Heritage criteria [a], [b], [c], [g]) record spanning from 100,000 years ago to the present. Significantly, the combined archaeological and environmental record preserved within the Willandra Lakes Region World Heritage Area documents life ways, cultural practices and human responses to a changing climate and environment over the past 50,000 years. The results of the survey of the Project area provide no evidence that similar values exist within the Project area (Niche, 2012). The Atlas-Campaspe Mine area and the Ivanhoe Rail Facility are situated on sand dunes and sandplains, which do not contain a nationally or internationally significant natural and cultural record (Niche, 2012). The mineral concentrate transport route traverses an area that includes some smaller relict lakes and deposits, but these are separate to and not associated with the Willandra Lakes Region World Heritage Area (the proposed mineral concentrate transport route is between 28 km and 60 km east of the Willandra Lakes Region World Heritage Area) and will not be significantly impacted

23 Furthermore, the new sections of road along the mineral concentrate transport route have been designed to avoid the relic lakebed and lunette landforms. Consultation was undertaken for the Project with the RAPs, including those from the Barkandji (Paakantji), Muthi Muthi and Ngiyampaa tribal groups associated with the Willandra Lakes Region World Heritage Area. None of the recorded Aboriginal cultural heritage sites were identified by the RAPs as being of particular cultural significance. Further, the RAPs did not raise any concerns regarding potential impacts to the Willandra Lakes World Heritage Area (Niche, 2012). Based on the above, it is concluded that the Project will not impact on the World Heritage or National Heritage values of the Willandra Lakes Region World Heritage Area

24 6 MANAGEMENT OF ABORIGINAL HERITAGE This section outlines the management and mitigation measures proposed for identified and potential Aboriginal cultural heritage sites at the Project, consistent with the requirements of the Development Consent (SSD_5012). 6.1 PROTOCOL FOR THE ONGOING INVOLVEMENT OF THE ABORIGINAL COMMUNITY Cristal Mining acknowledges that Aboriginal heritage is of prime importance to the Aboriginal community and that Aboriginal people have the right to be consulted and involved in relation to the management of their heritage. Cristal Mining recognises that the Aboriginal community has a paramount role in identifying cultural significance and cultural heritage values, and that the Aboriginal community are the primary source of information on the value of their heritage and how this is best conserved Registered Aboriginal Parties During the course of the development of the Project EIS and the Aboriginal and Non-Aboriginal Cultural Heritage Assessment (Niche, 2012), representatives from Cristal Mining and the archaeological consultancy Niche consulted with members of the Aboriginal community. RAPs from the Aboriginal community were identified through a comprehensive program of community consultation consistent with the Aboriginal cultural heritage consultation requirements for proponents 2010 (DECCW, 2010a) and also in consideration of the Draft Guidelines for Aboriginal Cultural Heritage Impact Assessment and Community Consultation (DEC, 2005). The Aboriginal organisations and/or individuals responsible for the provision of Aboriginal cultural heritage advice within the Project area (i.e. the RAPs for the Project) are listed in Table 4. Table 4 Registered Aboriginal Parties for the Project Badger Bates Balranald Local Aboriginal Land Council Barkandji Elders Council Ivanhoe Community Working Party Kullila Site Consultants Michael Kelly (on behalf of Ngiyampaa People) Muthi Muthi Nations Aboriginal Corporation National Koori Site Management Willandra Lakes 2 Traditional Tribal Groups Elders Council Wakool Indigenous Corporation 1 1 Registered Aboriginal Party The Wakool Indigenous Corporation did not register an interest in the Aboriginal community consultation process for the Project, however have been included in the ongoing consultation process for the Project, including review of this HMP. A detailed record of the Aboriginal community consultation undertaken during the development of the Project EIS is included in the Aboriginal and Non-Aboriginal Cultural Heritage Assessment (Niche, 2012)

25 6.1.2 Ongoing Consultation with Registered Aboriginal Parties The management measures for the Project outlined in this Heritage Management Plan involve the RAPs and consider their cultural values and concerns in accordance with the Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW (OEH, 2011) and Ask First; A Guide to Respecting Indigenous Heritage Places and Values (Australian Heritage Commission, 2002). Cristal Mining is committed to maintaining ongoing consultation with all RAPs throughout the life of the Project, however it is the responsibility of RAPs to provide up-to-date contact details (e.g. full name, postal address, telephone number and where possible, address) to Cristal Mining. Cristal Mining s Environment and Community Manager (or equivalent), or authorised delegate, will meet annually with representatives of the RAPs to discuss the progress of the Project, review the strategies and effectiveness of heritage management protocols and respond to any specific community concerns. In particular, management of potential impacts on items of Aboriginal cultural heritage that are part of any listed World and National Heritage Values will be devised with the full involvement of the RAPs. The RAPs will be given a minimum 10 working days notice of any upcoming meetings. At the request of the RAPs, the Cristal Mining Environment and Community Manager (or equivalent), or authorised delegate, will avail themselves to attend community meetings at the RAPs offices or to arrange site visits for interested personnel or members. Results of the recording and artefact collection programs will be disseminated to the RAPs using a variety of media including plain-english written reports and/or presentations and/or discussions at community forums and meetings. The effectiveness and value of the consultation with the RAPs will be periodically reviewed. In the event there is agreement that the approach to consultation needs to change, the changed procedures will be documented, communicated to the DP&E and recorded in the Annual Review (Section 12). All consultation will be diarised. Cristal Mining will provide appropriate notification to the RAPs and a minimum of 15 working days to comment on any proposed amendments to the HMP (Section 12.2). Cristal Mining will distribute copies of any updated version of this HMP to the RAPs Involvement of Registered Aboriginal Parties in Fieldwork The following protocol will be followed with respect to the involvement of RAPs in field work including pre-clearance works (e.g. recording and artefact collection and the monitoring topsoil removal) and any additional cultural heritage field assessments or surveys for the Project. Prior to any pre-clearance works or additional cultural heritage field assessments, the Cristal Mining Environment and Community Manager (or equivalent), or authorised delegate, will notify representatives of the RAPs advising of the extent, location, timing and expected duration of the planned campaign and inviting representatives to be involved in the planned activities. The RAPs will be given a minimum 3 working days notice of any upcoming fieldwork. For safety and logistical reasons, Aboriginal community involvement will be rotated such that up to three RAP representatives will be on site each day as required. Cristal Mining will roster representatives to allow for the inclusion of all RAPs

26 Cristal Mining may engage RAPs through a competitive selection process (as per the NSW Department of Environment and Conservation [2004] guideline Interim Community Consultation Requirements for Applicants) involving criteria such as demonstrated qualifications in cultural heritage, skills or experience in the conduct of heritage studies in the local area, specific cultural knowledge of the Project area and/or ability to report the results to the broader Aboriginal community 1. The workplace health and safety and insurance requirements for the Project are subject to periodic review and update by Cristal Mining and are outside the requirement for this HMP to be revised. All employees and contractors, including participating archaeologists and RAPs, will be notified of any relevant changes to fieldwork requirements. 6.2 SUMMARY OF MANAGEMENT MEASURES FOR ABORIGINAL CULTURAL HERITAGE SITES The management measures detailed in the following sub-sections have incorporated indicative Aboriginal community attitudes recorded during the consultation process with the RAPs who participated in the Aboriginal and Non-Aboriginal Cultural Heritage Assessment (Niche, 2012). Management measures are directly related to the archaeological significance of each Aboriginal cultural heritage site. Cultural heritage sites will be avoided where practicable (Section 6.4). General land management strategies will also be implemented to avoid inadvertent damage to any Aboriginal cutlural heritage sites (Section 6.3). Aboriginal cultural heritage sites which cannot be avoided, and which may be subject to disturbance as a result of construction and/or operational activities associated with the Project, will be managed in accordance with the strategies outlined in Section 6.5. The archaeological significance of each Aboriginal cultural heritage site is described in Appendix B, while the specific management measures for each individual site are summarised in Appendix D. 6.3 LAND MANAGEMENT STRATEGIES General land management strategies will be implemented during the development of the Project, to minimise the potential impacts on Aboriginal cultural heritage through: minimising disturbance areas where practicable; controlling erosion and sedimentation; and progressive rehabilitation. These land management strategies are detailed in a number of environmental management plans prepared for the Project including the Environmental Management Strategy. In particular, contractors engaged to undertake pre-clearance activities for biodiversity management (i.e. vegetation clearance) will, prior to the commencement of their works, be briefed on the identification of culturally modified trees. Cristal Mining s Environment and Community Manager (or equivalent), or authorised delegate, will be notified if suspected culturally modified trees (or any other suspected Aborignal cultural heritage sites) are identified by contractors in accordance with the protocol for the discovery of previously unidentified Aboriginal cultural heritage sites (Section 6.8). 1 It is intended for this process to only be used if a significant number of Aboriginal stakeholders register their interest in the Project and it therefore becomes impractical to involve all stakeholders in all fieldwork

27 6.4 AVOIDANCE Archaeological surveys undertaken for the Project EIS (Niche, 2012) identified several Aboriginal cultural heritage sites to be avoided during construction and operation of the Project. Details of the sites to be avoided and measures to be undertaken to prevent direct and indirect impact of the sites are detailed below (Sections to 6.4.2). In order to avoid any unnecessary disturbance of Aboriginal cultural heritage sites within currently proposed disturbance areas, further detailed recording and collection of Aboriginal cultural heritage sites will only be undertaken where disturbance of the Aboriginal cultural heritage is unavoidable. These sites are described in Section Aboriginal Cultural Heritage Sites to be Avoided Identified Aboriginal cultural heritage items in sites Campaspe 2 to Campaspe 6, Hatfield 3 to Hatfield 7, Hatfield 10, Hatfield 11, Hatfield 13, Hatfield 16 to Hatfield 24, Hatfield 27 to Hatfield 31, Hatfield 33 to Hatfield 37, Hatfield 41 to Hatfield 44, Hatfield 46 to Hatfield 48, Hatfield 50 to Hatfield, Hatfield 57, Hatfield 59, Hatfield 62, Hatfield 64 and Hatfield 65 and parts of sites Hatfield 8, Hatfield 9, Hatfield 14, Hatfield 15, Hatfield 25, Hatfield 26, Hatfield 32, Hatfield 38 to Hatfield 40, Hatfield 55, Hatfield 56, Hatfield 58 and Hatfield 63 will be avoided and protective fencing erected around each site to prevent inadvertent damage. Aboriginal cultural heritage sites Campaspe 2 to Campaspe 6 are of moderate and high archaeological significance. Although the Campaspe footprint was designed to avoid these sites, they are located in close proximity to the mine footprint. To protect these sites during construction activities, these sites will be fenced (Section 6.4.2) and demarked with signage stating: Restricted Area: Do Not Enter: Aboriginal Cultural Heritage Site. Additionally, the Ivanhoe Rail Facility and access road to the Rail Facility have been designed to avoid the 22 known Aboriginal cultural heritage sites identified during the Aboriginal and Non-Aboriginal Cultural Heritage Assessment (Niche, 2012). As such, there will be no direct impact to any of these sites. However, several sites in close proximity to the disturbance boundary (RLF 11, RLF 13, RLF 17, RLF 18, RLF 22 and RLF 26) will require the erection of protective fence and signage Construction of Protective Fencing Cristal Mining will retain appropriate contractors to construct protective fencing around identified sites to be avoided (Section 6.4.1). No disturbance to Aboriginal cultural heritage sites will occur during fence installation. Fencing of relevant Aboriginal cultural heritage sites will (at a minimum) involve surrounding the sites with a 5 m wide buffer 2 demarked by flagging tape attached to plastic bollards. This fencing will be undertaken when surface disturbance activities are within 50 m of the relevant Aboriginal cultural heritage sites (Section 6.4.1). Temporary protective fencing will be removed when surface disturbance activities in the vicinity have concluded. More permanent post and wire fences and appropriate signage will be erected around Aboriginal cultural heritage sites Campaspe 2 to Campaspe 6 due to their close proximity to the mine footprint. The fencing around sites Campaspe 2 to Campaspe 6 will be inspected annually for maintenance purposes and to monitor any potential adverse impacts to the fenced sites. 2 Or other suitable buffer as determined by a qualified archaeologist on an individual site basis