Section 3.19 Indigenous Cultural Heritage

Section 3.19 Indigenous Cultural Heritage

Terminal 0 Environmental Impact Statement Abbot Point Coal Terminal 0 EIS Adani

3.19 Indigenous Cultural Heritage In accordance with the Project guidelines, the purpose of this section is to describe the existing Indigenous cultural heritage values associated with the Project site (see Figure X), identify any potential Project impacts and prescribe appropriate mitigation measures to avoid or alleviate such impacts. Cultural heritage (CH) is a term used to describe the legacy of artefacts and intangible attributes inherited from past generations, which are maintained and protected for the benefit of current and future generations. Indigenous CH derives from some 60,000 years of occupation of Australia by the Aboriginal people. The spiritual and physical links between people and the land are held by Aboriginal people to be of absolute significance. The artefacts of occupation tell a story about how the people lived. Indigenous CH is unique and irreplaceable. This Indigenous CH assessment has been based on surveys undertaken in August, September and October 2012, meetings with Indigenous stakeholders and desktop research. Non-Indigenous (European) CH has been assessed separately and is addressed in Section 3.18 Non-Indigenous Cultural Heritage. Specific objectives of this section of the EIS are to: Identify legislation relevant to Indigenous CH; Provide an overview of the existing environment, summarising the cultural values relating to the Project and associated activities; Identify any potential Project impacts on areas or artefacts of potential CH significance; Recognise any traditional use activities and potential impacts on Indigenous cultural values; and Provide appropriate CH mitigation and management measures for the Project. 3.19.1 Commonwealth Legislation 3.19.1.1 Native Title Act 1993 The Native Title Act 1993 (NT Act) recognises the rights and interests of Indigenous peoples in respect of land on which they historically resided. The legislation provides for the determination of native title claims, the treatment of future acts that may impact on native title rights and the requirement for consultation and/or notification to relevant claimants where future acts are involved. Refer to Section 3.1 Legislation, Land Use and Planning, for a further overview of the NT Act. The Project area lies within the external boundaries of a registered native title claim for the Juru People (claim QUD554/10 and QC10/5). 3.19.1.2 Aboriginal and Torres Strait Islander Heritage Protection Act 1984 The purpose of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act), is to preserve and protect from injury or desecration, areas and objects in Australia and in Australian waters that are of particular significance to Aboriginals in accordance with Aboriginal tradition. The ATSIHP Act enables traditional owners to make an application to the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) to declare certain areas or objects as protected. The ATSIHP Act also includes provisions to administer the discovery and appropriate management of Aboriginal remains. There are no declared areas within the Project area. However, should Adani discover anything that they have reasonable grounds to suspect to be Aboriginal remains [s20(1)], Adani will report the Terminal 0 Environmental Impact Statement 3-599

discovery to the Commonwealth Minister for SEWPaC in accordance with Part 2, Division 3 of the ATSIHP Act. 3.19.2 State Legislation 3.19.2.1 Aboriginal Cultural Heritage Act 2003 The Aboriginal Cultural Heritage Act 2003 (ACH Act) is the State legislation that regulates management and protection of Aboriginal CH. The ACH Act imposes a duty of care on development proponents to take all reasonable and practicable measures to ensure that their project does not harm and to the extent that harm cannot be avoided, minimises harm to Aboriginal CH. For projects that also require an EIS, this duty must be satisfied by establishing a Cultural Heritage Management Plan (CHMP). CHMPs are established between development proponents and registered native title applicants (where there are registered native title claims). Adani is in the process of establishing a CHMP with the Juru People. Further detail regarding the process Adani is undertaking to establish this CHMP and satisfy its duty of care is set out in the following sections. 3.19.3 Existing Environment 3.19.3.1 Cultural Heritage Values The Project area lies within the external boundaries of a registered native title claim for the Juru People (claim QUD554/10 and QC10/5). Under the provisions of the ACH ACT the registered Native Title Party or Aboriginal Party for the Project area are the seven persons who together are the Juru registered native title applicant (Juru People). Adani and the Juru people have negotiated, agreed and signed both a Cultural Heritage Management Plan and an Indigenous Land Use Agreement that has identified, addressed and put in place agreed methodologies for identifying and preserving significant cultural heritage sites and areas. ILUA was authorised on 6 May 2013 and is due to be registered by early November 2013. Adani is subject to these ILUA and CHMP requirements, which ensure protection of sensitive areas. Aboriginal CH within the CHMP area (see Figure 3-107) associated with the Project will be managed in accordance with the CHMP. Land Use and History Abbot Point was occupied by Indigenous people for many generations until early last century. CH assessment of the Project area identified the existence of significant CH sites adjacent to the Project footprint (Figure 3-107) (Bird 2009, 2010a, 2010b, 2011, 2012a, 2012b). Indigenous use of the Abbot Point area has continued with contemporary land and recreational uses such as fishing and camping. In the mid to late 1800s the area was developed by European settlers for the production of beef cattle. As with many areas of central and northern Queensland these included large stations where cattle were mustered annually for sale, often relying heavily on Aboriginal labour. In the 1960s and early 1970s the Abbot Point area was subject to large scale clearing of native vegetation in an attempt to increase the cattle production. From around 1969 through to the early 1970s the Project area was cleared, windrowed and burnt in support of pasture development. Terminal 0 Environmental Impact Statement 3-600

The general area, including the Project area, continues to be utilised by the wider community for a range of recreational pursuits that include fishing, boating and bird watching. Neighbouring land uses continue to include cattle production. Indigenous Cultural Heritage CH includes Indigenous and non-indigenous sites, objects and areas. CH is found throughout Queensland including areas already subject to development and remote areas regardless of land tenure. Aboriginal CH sites include: Places of occupation, such as ancient camp grounds, rock shelters, fish traps, wells, shell middens, rock art and other archaeological sites; Natural features that represent story places such as creation stories and may include rocky outcrops, hills and other features; Places where ceremonies and various cultural activities may have occurred; Artefacts such as stone tools used for cutting, grinding and hunting purposes; Trees with various scars on them indicating previous use, for making tools, weapons, canoes, collecting food or as marker trees for a range of purposes; and Burial places. Indigenous CH in Queensland is protected under the ACH ACT, which requires, in relation to projects that also require an EIS, that CH be protected and managed through a CHMP established between the Aboriginal party of the project area and the development proponent. Cultural Heritage Values of the Project Site The environmental landscape, geomorphology, geology and vegetation of a region are important to understand and interpret past human uses of an area. Changes in the landscape influence the types of CH/archaeological material found. The archaeological record of the wider Abbot Point area contains a complex mix of CH sites representing a range of subsistence and occupation activities including resource management fish traps and hunter gatherer practices such as fishing, shell fishing, preparation of food (hearthstones, grinding stones and cooking stones), camping and other activities such as stone artefact manufacture. Searches of the Aboriginal CH Database and Register indicate there are no registered Aboriginal CH sites within the Project area. However, the registers are non-exhaustive and the Project area has been the subject of a full CH assessment and survey, completed in October 2012. This survey confirmed that there were no identified CH objects located within the Project area. The survey identified shell middens to the east of the Project area, on the coastal beach ridges and dunes. This area will not be developed or utilised as part of the Project (see Figure 3-107). Terminal 0 Environmental Impact Statement 3-601

147 55'0"E 148 0'0"E 148 5'0"E 148 10'0"E Proposed T0 Berth Existing Jetty and Wharf Proposed T0 Jetty Proposed T0 MOF T1 Proposed T0 Stockpiles Abbot Beach 20 0'0"S 20 0'0"S 19 55'0"S 19 55'0"S 147 55'0"E 148 0'0"E 148 5'0"E 148 10'0"E 148 15'0"E Abbot Point Coal Terminal 0 (T0) Project Figure 3-107 Cultural Heritage Management Plan (CHMP) Area Data source: CHMP data by ELH; Roads, rail from Geoscience Australia; Terminal data Adani; Aerial Image by BingMaps; All other data by DERM, 2010. Job: B12705_094-R1_CHMP Date: 7/06/2013 Legend Road Existing Rail Proposed Project Infrastructure Area Cultural Heritage Management Plan Area 0 1,250 2,500 5,000 DISCLAIMER Metres CDM Smith has endeavoured to ensure accuracy and completeness of the data. CDM Smith assumes no legal liability or responsibility for any decisions or actions resulting from the information contained within this map. MOUNT ISA CAIRNS TOWNSVILLE ROCKHAMPTON BRISBANE

Consultation / Engagement with Traditional Owners As previously detailed, the Juru People registered native title applicant is the endorsed Aboriginal Party for the development of the CHMP for the Project. The Juru People partnered in the development of the CHMP with HWL Ebsworth and North Queensland Land Council. Extensive consultation (detailed in Table 3-132) has been and continues to be undertaken between the Juru People, Adani and Adani s specialist native title and cultural heritage advisors, Environment Land Heritage (ELH). Table 3-132 Engagement with Traditional Owners Date and place of meeting Parties involved Topics discussed 13 June 2012 13th 14 August 2012 15 August 2012 11 September 2012 1 6 October 2012 11 October 2012 12 October 2012 22-23 October 2012 Adani Adani Juru advisors Adani Introduction of the personnel and update of the Project activities Early works approval to commence CH study Discussion of social and economic impacts and potential mitigation Initial on-site assessment of CH Initial on-site assessment of CH Discussion of CHMP, Indigenous Land Use Agreement (ILUA) and desired social and economic benefits Full CH assessment Meeting of Juru representatives with advisors to determine aspirations and list of desired social and economic benefits/mitigation strategies Detailed presentation of aspirations and discussion of desired social and economic impacts and mitigation strategies Meeting of Juru representatives with advisors to determine aspirations and list of desired social and economic benefits/mitigation strategies Adani commenced consultation with the Juru People in early May 2012, and finalised an Early Works Cultural Heritage Clearance Agreement on 13 June 2012. The agreement permitted Adani to immediately commence CH clearance for access to the proposed construction jetty and laydown areas and construction of an approved T1 stormwater return dam within the existing T1 rail loop. From June 2012, the Juru People s nominated CH coordinator has been engaged to assist with CH survey and monitoring programs. Ongoing communication between Adani and the Juru CH coordinator has been instrumental in the success of the CH monitoring programs undertaken in July and August 2012. CH monitoring was undertaken by appropriate people and included Juru traditional owners nominated by the Juru People, who were engaged for the full CH survey of the Project area (Figure 3-107). Project archaeologist, Michele Bird of North Queensland Cultural Heritage Pty Ltd (NQCH) has been working with the Juru People on projects immediately adjacent to the Project area over Terminal 0 Environmental Impact Statement 3-603

the past decade. Ongoing communications between Adani, NQCH and the Juru People regarding field work planning, implementation and detailed consultation regarding logistics and method for the cultural fieldwork has been instrumental for the success of the field work programs. As indicated above, Adani and the Juru people have negotiated, agreed and signed both a CHMP and an ILUA that has identified, addressed and put in place agreed methodologies for identifying and preserving significant cultural heritage sites and areas. The ILUA was authorised on 6 May 2013 and is due to be registered by early November 2013. Cultural Heritage Survey In August, September and October 2012 Juru People undertook a full CH survey of the Project area. The survey included initial surveys by persons constituting the Juru applicant, as well as a full survey of the Project area by a team consisting of representatives of all of the families constituting the Juru People. Juru People were assisted in this survey by their consultant archaeologist, NQCH. No CH was identified in the Project area, including no archaeological evidence of historical graves or skeletal material. There are also no recorded burial sites registered on the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA) register. However, during consultation with the Juru People, it was noted that they believe that burial grounds exist within the east coast shell midden complexes at Abbot Point. 3.19.4 Potential Impacts The main outcomes of the CH survey were: Juru People s strong preference that a suitable buffer including the establishment of bunding and fencing be agreed to ensure that Project activities do not impact on the known CH values adjacent to the Project area, namely the shell middens located on the coastal beach ridges and dunes to the east of the Project; There were no major archaeological constraints or impediments to the Project; CH monitoring should be undertaken for initial ground disturbance in the Project area; Juru People should have the opportunity to provide Adani employees and contractors with CH awareness training; Resources should be provided to enable Juru People to undertake further assessment of CH values adjacent to the Project area and to undertake regular auditing to ensure that Project activities do not impact on those areas; Environmental management activities should be undertaken to protect and rehabilitate areas adjacent to the Project area to protect the CH values located in those areas; and Adani should assist the Juru People to manage access to those areas adjacent to the Project area where CH is located. Terminal 0 Environmental Impact Statement 3-604

3.19.5 Mitigation and Management Measures 3.19.5.1 Ongoing Management Although no major archeological constraints were identified by the CH survey, management measures to ensure the protection of any Indigenous CH that may be discovered at the Project site in the future have been set out in a CHMP. Adani will continue to work closely with the Juru People to ensure CH is protected during and after development work. 3.19.5.2 Cultural Heritage Management Plan Adani and the Juru People have negotiated, agreed and signed a CHMP that addresses and puts in place agreed methodologies for identifying and preserving significant cultural heritage sites and areas. The agreed terms are: CH surveys to be undertaken prior to initial ground disturbance in the Project area; Management responsibilities of CH identified during surveys to be agreed; Involvement of the Juru People s archaeologist in ongoing assessment and management; Contingencies for unexpected finds and discovery of human remains; Engagement of all Juru CH surveyors and monitors through the nominated entity, Juru Enterprises Ltd; Establishment of a CH committee to assist with implementation of the CHMP; and Dispute resolution processes to assist the parties to reach agreement where necessary. 3.19.5.3 Indigenous Land Use Agreement (ILUA) Adani and the Juru People have established an ILUA to manage other aspects of Project consents. The ILUA was authorised on 6 May 2013, and is due to be registered by November 2013. An ILUA is considered the most appropriate method of addressing the requirements of the NTA, ATSIHP and ACH ACT and will provide codification of the agreement between the parties and contractual certainty into the future. Opportunities for the Juru People to be involved in Project development and management are proposed as part of this process. Consultation with the Juru People will remain a priority over the duration of the Project construction and operation. 3.19.6 Commitments by Adani Adani commits to the following: Establishing a physical barrier between the T0 Project and the eastern dune area by maintaining a 50m buffer and establishing a bund wall, fencing, vehicle rail guards and signage along the boundary of this area; Consultation with the recognised traditional owners of the land will continue to be undertaken in regards to identifying any Indigenous CH that may be discovered within the Project area in the future; and Avoid, minimise, and manage adverse impacts from Project activities on known and unknown Indigenous CH objects, sites, and places. Blank Page Terminal 0 Environmental Impact Statement 3-605

Terminal 0 Environmental Impact Statement 3-606