cultural heritage survey

Dr. Vincent Clark & Associates Pty

Ltd PO Box 266, Coburg, Victoria

3058 [email protected]

Unit 11 / 240 Sydney Road, Coburg, VIC 3058 207 Ashbourne Rd, Woodend, VIC 3442

www.vincentclark.com.au Phone (03) 9386 4770 – Fax (03) 9386 4220

LAKE TYERS FORESHORE COASTAL RESERVE

Due Diligence Report

Helen Kiddell, Meredith Filihia and William Anderson

7 November 2014

Cultural Heritage Due Diligence

Lake Tyers Foreshore Coastal Reserve Track

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Summary

In July 2014, Dr Vincent Clark & Associates were contracted by Lake Tyers Coast Action to conduct an

archaeological and cultural heritage due diligence assessment of the Fishermans Landing Arm

foreshore area at Lake Tyers, prior to the establishment of a track. The scope of the investigation

included background research into the history of the area and research into prior archaeological

investigations as well as a site inspection of the proposed track area. The exact location of the track

has not yet been determined; Lake Tyers Coast Action will utilise the results of this investigation to

assist with planning the track’s ultimate alignment.

The study provides a detailed review of cultural heritage matters specific to the study area. This

enables an accurate assessment of the obligations of the landowner with regards to the Aboriginal

Heritage Act 2006, and determines whether or not the preparation of a Cultural Heritage

Management Plan (CHMP) is mandatory under the Act. The landowner’s responsibilities under the

Heritage Act 1995 have also been considered.

As part of the review, the Victorian Aboriginal Heritage Register (VAHR) was accessed for

information on recorded sites within the area and relevant reports on previous archaeological

studies. In addition the Victorian Heritage Database was searched for sites relating to the post-

contact history of the place. No sites had been recorded within the study area at the time the

desktop assessment was undertaken.

An on-site meeting and inspection of the study area were conducted on the 26th

August 2014. During

the short field inspection, two Aboriginal places were identified. These have been added to the

Victorian Aboriginal Heritage Register; Gully Road VAHR 8522-0244, and Bulmer’s Point 1 VAHR

8522-0245. No archaeological sites relating to the post-contact history of the place were identified

during the assessment.

The following is a summary of recommendations based on the findings of this assessment:

Aboriginal Cultural Heritage

1. If the installation of the proposed track will cause any ground disturbance, a mandatory

CHMP will be required for this activity.

2. If the installation of the track will not cause ground disturbance, and can avoid VAHR 8522-

0244 and VAHR 8522-0245 a mandatory CHMP will not be required for the activity.

3. If the installation of the track will not cause ground disturbance, but works cannot avoid

VAHR 8522-0244 and 8522-0245, and a CHMP has not been prepared, a Cultural Heritage

Permit will be required.

4. Whilst a CHMP may not be mandatory for this activity, sections 27 and 28 of the Act make it

unlawful to harm Aboriginal cultural heritage. If during the works for the activity the client or

the client’s agent or contractor identifies Aboriginal cultural heritage, or has reason to

believe that it may be present, work must cease immediately at that location; the

appropriate parties must be notified and the provisions set out in the Contingencies

(Appendix 1) must be implemented.



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5. If the activity will not cause significant ground disturbance and Lake Tyers Coast Action Inc

do not sponsor a CHMP, they may wish to invite a Gunaikurnai Land and Waters Aboriginal

Corporation representative to be present to help inform the best possible alignment when

creating the proposed track.

Historic Cultural Heritage

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

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



iv

Table of Contents

SUMMARY ............................................................................................................................. II

INTRODUCTION ...................................................................................................................... 1

THE STUDY AREA AND GEOGRAPHICAL REGION ........................................................................ 1

THE PROPOSED ACTIVITY ......................................................................................................... 3

GEOGRAPHICAL, GEOLOGICAL AND ENVIRONMENTAL SETTING .................................................. 3

ETHNO-HISTORICAL BACKGROUND .......................................................................................... 5

HISTORICAL BACKGROUND ...................................................................................................... 7

PREVIOUS ARCHAEOLOGICAL AND CULTURAL HERITAGE INVESTIGATIONS ................................ 12

PREVIOUSLY RECORDED ABORIGINAL CULTURAL HERITAGE PLACES .......................................... 14

PREVIOUSLY RECORDED HISTORIC (NON-ABORIGINAL) SITES.................................................... 17

FIELD INSPECTION ................................................................................................................. 19

CONCLUSIONS TO THE DUE DILIGENCE ASSESSMENT ............................................................... 37

Aboriginal Cultural Heritage ......................................................................................................... 37

Historic (Non-Aboriginal) Cultural Heritage .................................................................................. 38

RECOMMENDATIONS ............................................................................................................ 39

Aboriginal Cultural Heritage ......................................................................................................... 39

Historic Cultural Heritage .............................................................................................................. 39

REFERENCES ......................................................................................................................... 40

APPENDICES ......................................................................................................................... 43

Appendix 1: Contingencies ............................................................................................................... 43

Appendix 2: Historical Information provided by Jack Whadcoat ..................................................... 45



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TABLES

Table 1: Registered Aboriginal Heritage Places within 2km of the study area. .................................... 14

Table 2: Number of places by type within 5km of the study area ........................................................ 15

Table 3: Historic References recorded on the Victorian Aboriginal Heritage Register, for places within

2kms of the proposed track. ................................................................................................................. 17

Table 4: Historic Places within 3km of study area ................................................................................ 18

FIGURES

Figure 1: The Study Area locality in East Gippsland. ............................................................................... 2

Figure 2: Cadastral details of the study area .......................................................................................... 2

Figure 3: Geological Parish Plan, Colquhoun, Published 1929................................................................ 4

Figure 4: Location of Study Area in relation to the land of the Krauatungalung clan of the Kurnai

tribe. (Adapted from Fison and Howitt (1880) reproduced in The La Trobe Journal No. 85). ............... 5

Figure 5: “Kurnai man wearing opossum cloak”. Source: Howitt (2001: 40) ......................................... 6

Figure 6: Image of women fishing on Lake Tyers, Illustrated Australian News, 24 April 1869. .............. 7

Figure 7: Sketch Map of Lake Tyers (Thomas Cook Ltd, c.1903, SLV Maps) ......................................... 10

Figure 8: Detail from Parish map of Colquhoun, counties of Tambo and Tanjil, 1930 (SLV Maps) ...... 11

Figure 9: ‘Victoria Hartland’ 1941 topographic map. ........................................................................... 11

Figure 10: Location of and route taken during ground inspection. ...................................................... 20

Figure 11: Ground conditions and visibility during inspection. ............................................................ 23

Figure 12: Location of VAHR 8522-0244 Gully Road LDAD, looking west ............................................. 26

Figure 13: Location of VAHR 8522-0245 Bulmer’s Point 1 ................................................................... 30

Figure 14: Albert Park Guest House (source: slv.vic.gov.au. Image number H32492-3556) ................ 34

PHOTOGRAPHS

Photograph 1: The present barbed wire fence, with a fencepost from a previous fence line behind it

(M. Filihia 26 August 2014). .................................................................................................................. 19

Photograph 2: View of saltmarsh grasses and vegetation, near Gully Road, facing west (W. Anderson

26 August 2014). ................................................................................................................................... 21

Photograph 3: Coastal scrub at top of dune (W. Anderson 26 August 2014) ...................................... 21



vi

Photograph 4: Coastal box forest at Bulmer’s Point, facing south (W. Anderson 26 August 2014) .... 22

Photograph 5: Waterlogged gully (W. Anderson 26 August 2014). ..................................................... 24

Photograph 6: Waterlogged gully south-east of Bulmer’s Point, at the southernmost point of the

survey route (W. Anderson 26 August 2014)........................................................................................ 24

Photograph 7: VAHR 8522-0244 Gully Rd LDAD (W. Anderson 27 August 2014). ............................... 26

Photograph 8: Silcrete flake at VAHR 8522-0244, (W. Anderson 27 August 2014) .............................. 27

Photograph 9: Chert angular fragment at VAHR 8522-0244 (W. Anderson 27 August 2014) .............. 27

Photograph 10: Quartzite core at VAHR 8522-0244 (W. Anderson 27 August 2014) .......................... 27

Photograph 11: Quartzite flake at VAHR 8522-0244 (W. Anderson 27 August 2014) ......................... 28

Photograph 12: Location of VAHR 8522-0245 Bulmer’s Point 1 artefact scatter, looking north (W.

Anderson 26 August 2014).................................................................................................................... 31

Photograph 13: Silcrete flake at VAHR 8522-0245 (W. Anderson 26 August 2014) ............................. 31


Photograph 15: Chert microblade core at VAHR 8522-0245 (W. Anderson 26 August 2014) ............. 32




Photograph 19: Depression at the site of the former dam used for pumping water to the Albert Park

Guest House (M. Filihia 26 August 2014). ............................................................................................. 34

Photograph 20: Location of historic tourist landing on east shore of promontory, facing north (W.

Anderson 26 August 2014).................................................................................................................... 35

Photograph 21: Shell deposit near historic landing site (W. Anderson 26 August 2014). .................... 36

ACKNOWLEDGEMENTS

With thanks to Jack Whadcoat for his assistance with preparing this due diligence, in particular for

providing the ‘potted history’ included in Appendix 2 and for sharing his knowledge during the

ground inspection. Thanks also to Barry Kenny (GLaWAC) for participating in the on-site meeting and

reviewing this document.



1

Introduction

In July 2014, Dr Vincent Clark & Associates were contracted by Lake Tyers Coast Action to conduct an

archaeological and cultural heritage due diligence assessment of the Lake Tyers Foreshore area,

prior to the establishment of a walking track. This report is an assessment of the cultural heritage

values of the study area, to help determine the best location, with least impact on heritage values,

for the track.

Recommendations are given for any actions required by Lake Tyers Coast Action with regard to

future site management, within the framework of cultural heritage legislation in Victoria. The

assessment has focused on Aboriginal heritage, but historical (non-Aboriginal) heritage and

legislation has also been taken into account.

The registers of Aboriginal Affairs Victoria (Victorian Aboriginal Heritage Register [VAHR]) and

Heritage Victoria (Victorian Heritage Inventory (VHI) and Victorian Heritage Register [VHR]) were

searched for previously recorded cultural heritage sites in the vicinity of the study area. The

schedule to the heritage overlay of the Planning Scheme for the East Gippsland Shire was also

searched.

The Registered Aboriginal Party (RAP) for the study area is the Gunaikurnai Land and Waters

Aboriginal Corporation. Barry Kenny (CEO, GLaWAC) participated in the on-site meeting held on the

26 August 2014, and was provided a draft of this report.

The Study Area and Geographical Region

The study area at Lake Tyers beach is the southern shore of the Fishermans Landing Arm of Lake

Tyers Estuary, located approximately 40km east of Bairnsdale, and 6.5km east of Lakes Entrance

(Figure 1). The study area is situated in the Parish of Colquhoun, in the Shire of East Gippsland.

The walking track is planned to run along the southern Public Reserve foreshore of Fishermans

Landing at Lake Tyers, which Crown Land. The start and end points of the proposed walking track are

shown in Figure 2, along with the cadastral details of the area.

The study area is located within 200m of Lake Tyers is therefore legally defined as an area of cultural

heritage sensitivity (Aboriginal Heritage Regulations 2007, r.23(1)). There are two main branches of

the Lake Tyers inlet – the Nowa Nowa Arm and the Toorloo Arm. The Fishermans Landing Arm is an

estuary that branches off the Toorloo Arm.



2

Figure 1: The Study Area locality in East Gippsland.

Figure 2: Cadastral details of the study area; the red stars indicate start and end points of

proposed trail.



3

The Proposed Activity

Lake Tyers Coast Action Inc plan to create a mown walking trail along the foreshore. The

construction of a walking track is a high impact activity under the Aboriginal Heritage Act 2006, but

only if it results in significant ground disturbance. The strategy of mowing a track has been devised

intentionally to reduce the impact of the path on the environment.

The exact positioning of the path has not yet been determined, as the outcome of this report will

influence the path’s design to ensure that harm to Aboriginal places can be avoided.

Geographical, Geological and Environmental Setting

Broadly speaking the study area is situated on dissected coastal plain of eastern Gippsland

(Vandenberg et al 1996: 9). The coastal plain forms a broad belt between the foothills and the

coastline (Vandenberg et al 1996: 8).

The geology consists of Pleistocene gravel, sand and clay beds, according to the 1929 geological

survey of the area (Figure 3). The geomorphology of the eastern end of the study area is classified as

low relief landscapes at low elevation (Geomorphic Unit 1.3.1); while the western end of the study

area is dissected plains with dunes (GMU: 7.3.4, DEPI website).



4

Figure 3: Geological Parish Plan, Colquhoun, Counties of Tanjil and Tambo, 1: 31 680, Published

1929



5

Ethno-Historical Background

Evidence for human occupation of the land around Lake Tyers dates to at least 24,000 years ago

(Johnston et al 2009: 5). The people who occupied the area that became known as Gippsland were

of the Kurnai tribe, which was divided into five clans, and the Bidawal in the area furthest east

(Howitt 2001: 79). The land in the study area was occupied by people of the Krauatungalung clan of

the Kurnai tribe, who called Lake Tyers Wurnung-gatti (Howitt 2001: 76). According to Clarke and

Heydon the lake was called Wannang-Gatty, which meant Big Water (VICNAMES website). Russell

(cited in Johnston et al 2009: 5) stated that Warn-a-ngatte was the name of the tribe, and that the

lake was a significant meeting place for people of the Warn-a-ngatte and other tribes.

The map below, produced in 1880, is a representation of the areas occupied by the five Kurnai clans,

with that of the Krauatungalung clan outlined in red. According to the ‘Bataluk Cultural Trail’

website1, this territory covered the area from the Snowy River, Cape Everard (Point Hicks) to Lakes

Entrance and Lake Tyers and encompassing the Bemm, Buchan and Snowy Rivers, inland to about

Black Mountain and Mount Nowa Nowa.

Figure 4: Location of Study Area in relation to the land of the Krauatungalung clan of the Kurnai

tribe. (Adapted from Fison and Howitt (1880) reproduced in The La Trobe Journal No. 85).

The Krauatungalung clan was further divided into smaller units or bands, usually consisting of a few

families who would range together undertaking subsistence hunting and gathering activities, with

each division having its own tract of land (Howitt 2001: 73). Social relationships were based on

kinship ties, and suitable marriage partners were selected from other divisions in the clan. Family

1 http://www.batalukculturaltrail.com.au/index.php



6

relationships were classificatory, for example, cousins were considered as actual brothers and

sisters, aunties as mothers and so on. Kinship guidelines governed interactions such as the

distribution of food that was obtained, thus assuring everyone had access to it (Thompson 1985: 56-

7).

The Kurnai made use of the seasonal resources provided by their environment, which included both

coastal and inland species of flora and fauna. The open eucalypt forests with other plants such as

wattle and kangaroo apples provided sources of food and medicine as well as fibres, bark and timber

for the construction of weapons, canoes and other implements. In addition to food and medicinal

plants, the forests were home to animal, bird and reptile species that were utilised for food and

clothing, such as cloaks made of possum skin (as in Figure 5 below).

Figure 5: “Kurnai man wearing opossum cloak”. Source: Howitt (2001: 40)

Black wallabies, kangaroos, wombats, quoll, bush rats, pigeons, snakes and goannas could all be

found in the environment at different times of the year. In addition, the lake was a source of fish,

shellfish, eels, swans and ducks (Tulloch 2005: 10-11; Thompson 1985: 53).

Implements used in hunting and gathering included nets (small hand nets and larger ones that used

floats and sinkers and were strung between canoes), hand fishing lines, and spears that were barbed

with small points of stone; some of these implements are shown in Figure 6 below. Clubs and

boomerangs were also used, and spears were launched using a spear-thrower. Ground edge stone

hatchets and stone flakes were used for cutting tasks (Smyth 1878 I: 366-9, 389).



7

Figure 6: Image of women fishing on Lake Tyers, printed in the Illustrated Australian News, 24

April 1869.

In addition to the sharing of food, social relationships also governed areas such as the meting out of

justice and the settlements of disputes within the tribe; however, it seems that no such formal rites

were in place to settle such matters between the Kurnai and the neighbouring tribe of the Monaro

to the east in southern New South Wales. There seems to have been little contact between the two

tribes until the arrival of European settlers; then, following the depletion of traditional food sources

and depopulation resulting from the actions of Europeans, increased competition for resources led

to more inter-tribal conflict in the area (Thompson 1985: 59-60). Howitt (2001: 348-354) recounted a

number of such conflicts, reportedly over women and their treatment by men who were not from

traditional marriage partner sources.

When Europeans arrived in the Gippsland region, the traditional checks and balances of tribal life

were upset, and new diseases, material culture and ways of thinking were introduced, culminating in

the enforced removal of Aboriginal people from throughout Victoria to the mission that was

established at Lake Tyers in 1863.

Historical Background

The first known Europeans to pass through Gippsland were the survivors of the Sydney Cove, which

was wrecked off the coast of Tasmania in 1797; after sailing in a longboat seventeen survivors came

ashore at the northern part of the Ninety Mile Beach (Thomson 1985: 13). The survivors then walked

along the Gippsland coast, hoping to reach Botany Bay (only three survived the trek2). This was the

first recorded meeting of the Kurnai with non-Aboriginal people (see Thompson 1985: 13). Sealers

2 ‘Sydney Cove’ http://monumentaustralia.org.au/display/23400-sydney-cove accessed



8

and whalers had bases on the Gippsland coast and came into contact with the Kurnai people, as did

castaways and occasional runaway convicts from Tasmania (Tulloch 2005: 12).

European settlement commenced in the Port Phillip District in the 1835, and as more settlers

entered the colony the competition amongst squatters for access to land spurred expansion to areas

further away from the town of Melbourne. European exploration of Gippsland also commenced in

1835; in 1838 Andrew Hutton and his party, who explored the area west of the Genoa River bringing

500 head of cattle with them, are thought to have been the first Europeans to see Lake Tyers

(Johnston et al 2009: 6).

The Ewing brothers were some of the earliest squatters in the region; they named their pastoral run

Lake Tyers; according to Johnston et al (2009: 6), this name was given by Lawrence Webster to his

run of fifteen square miles. The Roadknights are another pioneer family associated with the area:

Tasman Roadknight eventually took up the Lake Tyers run, and Thomas Roadknight took up land in

the study area, to the south of Fishermans Landing. J. D. Blay was another who obtained a parcel of

land south of Fishermans Landing. Roadknight and Blay cleared their land and utilised them as

pastoral runs in the 1850s; these were later subdivided and owned by various farmers including

Edward Bulmer, William Cross, the Kent family and Alexander Whadcoat (refer Appendix 2).

The period from approximately 1838-1851 was a time of conflict, not only between the Kurnai and

Europeans but also between the Kurnai and their neighbouring tribes. The occupation of land by the

new settlers restricted Kurnai access to the areas that had been the source of food, and pastoral

runs were often selected because of their proximity to fresh water sources. The introduction of new

animals further affected Kurnai food supplies as forest was cleared to make way for pasture, and

sheep and cattle competed with the Aborigines for plant food sources. The competition for

resources generated conflict and warfare between the Kurnai and their neighbours; Howitt (2001:

353-4) reported a number of such incidents, often involving women. Introduced illnesses such as

smallpox and influenza took a heavy toll on indigenous populations who had no natural resistance to

such diseases (Johnston et al 2009: 6).

These years were a period of resistance in which attacks and counter-attacks were made. Aborigines

were massacred, often being seen as impediments to civilised settlement and progress. Despite the

European attitude that the Aboriginal race was destined to die out, resistance from the Kurnai and

their Gippsland neighbours was stronger than in other parts of Victoria (Thompson 1985: 21). Sheep

and cattle were speared as alternative sources to kangaroos and other forest animals, and

retribution for what was seen as theft by Europeans was often harsh. Thompson (1985: 28)

describes a massacre in Orbost in which Aborigines killed a European cook whom they supposed was

giving them flour poisoned with arsenic; 20 Aborigines were killed in retribution, after which

Aboriginal resistance to European settlement in Gippsland was all but quashed.

Estimation of Kurnai numbers at the beginning of European contact vary from ‘a several hundred to

a thousand’ (Thompson 1985: 3) to ‘two or three thousand’ (Johnston et al 2009: 7): by 1853,

however, Charles Tyers estimated the number of Aboriginal people remaining in the area as 130

(Johnston et al 2009: 7). These people were described as drifting towards poverty, alcoholism and

sickness on the fringes of white society (Thompson 1985: 28).



9

A Protectorate system for the Aborigines was established in Australia after a series of meetings in

the House of Commons in London between 1835 and 1837. In 1861, John Bulmer volunteered

himself to the Church of England as a missionary to the Aborigines. He set up a mission in Buchan,

which was short-lived; in 1862 he established another mission station at Lake Tyers after Kurnai

people told him of the plentiful fish supplies to be found there. An initial grant of 2,000 acres of land

was made available, followed by a further 2,000 acres in 1879 and another 400 acres in 1881

(Johnston et al 2009: 7, cf. Figure 7). The mission became an important source of refuge for Kurnai

people in winter, supplying them with rations and shelter.

The mission lies to the north of the present study area, but infrastructure associated with tourism

ventures was built on the south side of Fishermans Landing. Tourists could catch launches and make

day trips to see the Aborigines (The Argus 20 March 1886: 4); this activity was so popular that

Bulmer was as busy leading guided tours around the mission as he was with his mission work

(Carolane 2008). Jetties and piers to accommodate tourist launches run by William and Charlie Cross

were constructed at the western end of the reserve, and a second was built halfway along the

foreshore together with a levelled car park; this launch was operated by Clarry Blay (a descendant of

a pioneer family). At the western end of the reserve were wharves and storage areas as well as

tourist launch landings; remains of these structures can still be seen today. Another wharf was built

at Middle Point opposite the Red Bluff turn-off (refer Appendix 2).

The Lake Tyers Aboriginal Mission is shown in a sketch map seemingly aimed at tourists from the

early 20th

century (Figure 7). As well as reflecting the tourist interest in the place (the catalogue

record for the map suggests it was published by tourism company Thomas Cook Ltd), the map

illustrates the location of the Mission station in relation to the two arms of the Lake Tyers Inlet,

across the water from the present study area.

By 1926 Lake Tyers was the last Aboriginal reserve still operating in Victoria (of the 13 that had been

established), and in 1971 full title to the land was handed to the Lake Tyers Aboriginal Trust, a body

representing the interests of those who were still living at the mission (Tulloch 2005: 14).

_____

Cunninghame was the original name for the town at Lakes Entrance, and what is now known as Lake

Tyers Beach was originally surveyed and proclaimed as East Cunninghame. The Colquhoun parish

map shows the large allotments selected between the township and the foreshore reserve along

Fishermans Landing Arm were selected by R. Bulmer and J.D Blay. Further details about the

settlement of the area are provided in Appendix 2, a ‘potted history’ written by Jack and Grace

Whadcoat.

A topographic map from 1941 (Figure 9) illustrates the existing conditions within the study area at

that time. Several small jetties jut out into the water at Fishermans Landing, roads and tracks are

visible, but there are only a couple of buildings illustrated on the headland of the study area.

Various historical and recent land uses have had an impact on the ground within the study area, and

therefore have potentially had an impact on any Aboriginal cultural heritage within the area. For

instance, Jack and Grace Whadcoat’s potted history of the area (Appendix 2) indicates that stock

have been grazed on the foreshore area of Fishermans Landing up until the 1980s when the



10

foreshore was fenced off and revegetated. The practise of letting stock graze on the foreshore has

led to erosion. In addition, the jetty constructed at the end of Whadcoats Road was called the

‘tourist landing’ and an area nearby was cleared and flattened for parking.

Figure 7: Sketch Map of Lake Tyers (Thomas Cook Ltd, c.1903, SLV Maps)



11

Figure 8: Detail from Parish map of Colquhoun, counties of Tambo and Tanjil, 1930 (SLV Maps)

Figure 9: ‘Victoria Hartland’ 1941 topographic map (Australian Section, Imperial General Staff,

SLV Maps).



12

Previous Archaeological and Cultural Heritage Investigations

Although several archaeological studies have been conducted in East Gippsland for the purposes of

infrastructure projects, none have been conducted specifically in the present study area. The study

area is in close proximity to the former Lake Tyers Aboriginal Mission, which has been the focus of

many of the previous investigations. The results of previous investigations are set out below.

Thompson (1985) was commissioned by the Land Conservation Council to prepare a report on the

pre- and post-contact history of the Aboriginal people associated with East Gippsland with a view to

identifying cultural and historical sites on public land (Thompson 1985: 3). Thompson noted that the

first detailed survey of the area was carried out by the Victorian Archaeological Survey in 1975; it

covered 25 km of coast and identified 45 sites, most of which were poorly preserved shell middens

(Thompson 1985: 69). Some sites contained bone and stone artefacts including backed blades. The

site of this survey is approximately 100 km east of the present study area.

Hall (1991) undertook a survey of the inland region of Far East Gippsland, approximately 80 km from

the present study area. The aim was to record and interpret sites, predict site locations and to

provide recommendations for the management of such sites. The most common types of inland sites

were stone artefact scatters and scarred trees (Hall 1991: np).

Crew (1994) surveyed Ewings Marsh with a view to recording any Aboriginal sites and determining

their significance. In the vicinity of Lake Tyers, a single broken quartz flake was located in the vicinity

of Lake Tyers House, and an artefact scatter of 7 quartz and 1 silcrete flake was found in the area

known as the ‘Glasshouse’ (this area is so named because of a wood-fired furnace that was used to

make glass telegraph insulators early in the twentieth century3).

Rhodes (2001a) conducted an archaeological investigation at the site of a proposed airstrip at Hoggs

Lane in Lakes Entrance. Despite the fact that the ground had been disturbed, he recorded 2 lithic

scatters (VAHR 8522-0222 and -0223). Both sites were on the crest of a ridge overlooking the

junction of two creeks, which Rhodes considered to be a typical landform location for such sites. In

the same year Rhodes (2001b) surveyed the location of linear tracks and recreational sites in the

Colquhoun Forest north of Lakes Entrance. Two lithic collections were recorded as a result of the

survey (VAHR 8422-0371 and – 0214), although the latter had been collected from the site by an

Aboriginal elder during an earlier project.

Tulloch and Di Fazio (2003) were commissioned by Vodaphone to survey sites along the Princes

Highway where it was proposed to install mobile telephone infrastructure facilities. One of these

was at Toorloo Arm, approximately 2.5 km west of the present study area. They found no new sites

in their study area (Tulloch and Di Fazio 2003: 61).

Johnston et al (2009) prepared a Conservation Management Plan for the Lake Tyers Historic Precinct

at the site of the former Lake Tyers Aboriginal Mission established by Bulmer in 1863. The mission

3 http://www.exploreaustralia.net.au/Victoria/East-Gippsland/Lake-Tyers-Forest-Park/Glasshouse-camping-

area



13

site is located approximately 1.7 km north east of the present study area. The authors of this report

were not concerned to document or record Aboriginal sites for the VAHR, but rather to evaluate the

historical heritage of the place and produce a management plan for its conservation.

Schell (2009) conducted an archaeological investigation of Red Bluff, located less than 2 km from the

study area. The study, commissioned by Parks Victoria, aimed to locate and record Aboriginal

archaeological sites and areas of cultural sensitivity, and to locate any landforms with archaeological

potential within the Red Bluff study area. The study also aimed to interpret any relationships that

existed between the sites and determine the significance of them (Schell 2009: 5). Schell found that

one previously recorded site, a shell midden, was being eroded by foot traffic and environmental

factors (VAHR 5822-0023) and that a reputed rock well (VAHR 5822-0211) could not be verified. Her

survey identified a third site, an artefact scatter, which was recorded as VAHR 5822-0208 (Schell

2009: 24).

Green et al (2011) prepared a Cultural Heritage Management Plan (CHMP 10677) for East Gippsland

Water prior to the construction of a pipeline through the Lake Tyers Aboriginal Trust property. Two

registered Aboriginal places (VAHR 8522-0049 and -0050) were located within or in close proximity

to their activity area, and an artefact scatter (VAHR5822-0240) was recorded within the activity area.

As indicated in this CHMP the pipeline alignment passes near the western end of the present study

area, but was restricted to the Mill Point Road reserve. They noted that this area of Fishermans

Landing Arm was highly disturbed by road cut and fill and the construction of pavements, verges and

a bridge crossing, and that the impact is such that it is unlikely that any Aboriginal cultural heritage is

present (Green et al 2011: 75).



14

Previously Recorded Aboriginal Cultural Heritage Places

Within 2km of the study area, there are 10 places registered on the Victorian Aboriginal Heritage

Register (Table 1).

Aboriginal Place No

Aboriginal Place Name

Component Type Details Location

8522-0023 Red Bluff Shell Midden A well stratified (but eroding) midden up to 3m in length.

1.97 km SW

8522-0049 Lake Tyers 5 Shell Midden Stone artefacts also present amongst shell midden material.

1.5 km N

8522-0050 Lake Tyers 6 Shell Midden Shell midden in fair state of preservation when recorded

1.5 km N

8522-0069 Lake Tyers Beach 1 Artefact Scatter Isolated quartz artefact unable to be relocated in 2006

0.4 km S

8522-0208 Red Bluff Scatter Artefact Scatter Quartz, silcrete and chert artefacts.

2 km SW

8522-0211 Red Bluff Well Stone Feature Rockwell originally noted during the recording of 8522-0023, but was obscured by thick vegetation when subsequently inspected and needs further verification.

2 km SW

8522-0228 Lake Tyers Beach Burial

Aboriginal Human Remains (Burial)

Human remains recorded by AAV staff in 2006. Site is destroyed.

0.75 km SE

8522-0229 Lake Tyers Beach 2 Shell Midden 0.75 km SE

8522-0240 Mill Point Road 1 Artefact Scatter 64 artefacts in a subsurface context located during testing for CHMP 10677.

1.5 km NW

8522-0241 Bunyarnda Lake Tyers Aboriginal Trust

Aboriginal Historical Place

The Lake Tyers Aboriginal Trust is registered on the VAHR

1.85 km NE

Table 1: Registered Aboriginal Heritage Places within 2km of the study area.

As can be seen in Table 1, within 2km of the study area there are four shell middens, three artefact

scatters, one historic place, one stone feature, and one human remains (burial) place. In comparison,

within 5km of the study area there are 50 registered places, and in broadening the scope of the



15

search, it is evident that there are sites, mostly artefact scatters, recorded along the shorelines of

both the Nowa Nowa and Toorloo Arms of Lake Tyers.

Scarred trees are the most frequently occurring site-type, but of the 20 recorded 19 of them are

within a small area on Lake Tyers Island, recorded by the Victorian Archaeology Survey in the 1970s

(Table 2).

Component Type Frequency (no.) Frequency (%)

Aboriginal Historic Place 1 2

Aboriginal Human Remains (Burial) 1 2

Artefact Scatter 17 34

Earth Feature 1 2

Scarred Tree 20 40

Shell Midden 9 18

Stone Feature 1 2

TOTAL 50 100%

Table 2: Number of places by type within 5km of the study area

Given the known Aboriginal history of the place, the environmental setting, and abundant natural

resources that would have been available to Aboriginal people, it is perhaps surprising that there are

not more archaeological places recorded within the study area at Lake Tyers Beach. This may be due

to post-contact land use practises which may have had an impact on archaeological sites; probably it

is more due to a lack of archaeological investigation in the area.

In addition to the archaeological places listed on the VAHR there are many places with historic

associations that have been noted on the Historic References supplementary list. Most of these

places have been recorded from Pepper’s memoir ‘You are what you make yourself to be’ (Pepper

and de Araugo 1989), but they all speak to the ongoing strong connections Aboriginal people have

with the Lake Tyers area.



16

Historical Ref. ID

Historical Reference Name

Historical Reference Association

Details from site listing

11.2-1 Toorloo Arm Guest House

11.2 Significant incident relating to a number of people

In 1934 the artist Percy Leason went to Lake Tyers to paint the portraits of thirty-one Aboriginal people. The portraits were painted at a guesthouse at Toorloo Arm, where Leason was staying. The collection of portraits was known as 'Victoria's Last Full-Blood Aboriginals' (Pepper 1980:97).

12.3-1 Scrub Ghost 12.3 Spiritual places

There was a place near an area around Lake Tyers where the old people always said there was a ghost which hung around a scrub "-- y'could see it from one side of the lake".

12.3-2 Nargun Cave, Toorloo

12.2 Camp sites/meeting places

The following quote comes from Pepper (1980:57):

"When the Thorpes and the Peppers were camped over the high sands in the bush overlooking the beach out from the settlement at LakeTyers, they would listen to the old people tell stories. One story told was about the Hairy Man, who some people called Nargun and he would go out at night to hunt and eat children. One night the nargun came to the camp to get the children but there were fires set all around the camp so it couldn't get in and it burnt its feet trying. In the morning the people saw the marks the Nargun had made and could see it wasn't a blackfellas track. They knew it was the Nargun so they followed the tracks which led them to the top of Tooloo. Some people were frightened and went back to the camp but three of the tribesmen who kept going were Big Charlie, Big Joe and Short Harry and they followed the Nargun to a cave. There were still other tribesmen with their waddies, knocking at it with the nulla-nullas and poking their spears into it, but they couldn't get it out of the hole. Short Harry (because he was short) therefore had to crawl into the cave after the Nargun. "He grabbed a foot but there were so many legs and feet dangling about he wasn't sure if it was the Nargun's, so he yelled out, 'What blackfella's foot is this?' One of the tribesmen said it was his, so Short Harry kept grabbin' until nobody answered, then they all knew it was the Hairy One's leg. He hung on and the Aborigines cut the Hairy Man's ham-string with reed and bone knives. Thats how they finished off the Nargun".

12.3-4 Devil's Holes 12.3 Spiritual places

The Devil's Holes are natural sink holes in the Lake Tyers area. It is said that local Aboriginal mythology is associated with the place. The area is also

used as a camping area (Tom Henderson, AHC Workshop No. NR04).

12.4-1 Lake Tyers Initiation Site

12.4 Ceremonial places

'Little Jack - a Krawatoon Kurnai; his father was made Jera-el at Lake Tyers from which his mother was. Some of the Krawatoon used to go to Maneroo or to beyond Bega to be made Jerael but they had not any Jera-el themselves'. This extract comes from the Howitt Papers.

12.5-4 Candle-Bark Light Fishing, Lake Tyers

12.5 Sources of raw materials used for making artefacts post-contact

No further details available.



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13.3-1 Eliza O'Rourke's Fish Cooking, Lake Tyers

13.3 Tourism endeavours

Eliza O'Rourke used to cross Lake Tyers from the settlement at a place near Blay's Hill every morning in the holiday times and would cook fish in the traditional way for the tourists. She would plaster the fish with mud and cook it in the hot sand and if the tourists had potatoes she would toss them into the ashes too (Pepper 1980:87).

2.1-11 Aunt Julia's Place

2.1 Places where people camped/lived around towns

Phillip Pepper's Auntie Julia had a place near one of the 'arms' of Lake Tyers (Pepper 1980:86).

2.3-5 Tyers Entrance Crossing

2.3 Shops/industries/places where people worked around settlements/towns

When Lake Tyers was open to the sea (sometimes for three or four months of the year), Billy Thorpe had a job taking the mail and passengers across in a boat (Pepper 1980: 56).

4.1-3 Pepper Camp, Lake Tyers

4.1 Living camps away from towns & properties

Sometimes at Christmas the Pepper family went to Lake Tyers to camp and would go over to the settlement in a boat during the day (Pepper 1980:86)

4.1-4 Thorpe's Camp, Lake Tyers

4.1 Living camps away from towns & properties

Sometimes during the school holidays when the lake was closed, people would come over the high sands from the settlement at Lake Tyers and camp in the bush overlooking the beach there. They would dig a hole for fresh water and there was an abundance of hummocks with basket grass for the women to make baskets from. There was a big mahogany tree that they camped under and there was always plenty for the children to do, such as going down the hill to the water edge to turn the rocks over to get the feather-leg crabs. They could also fish and climb trees to look for birds nests. The children would learn how to talk their tribal language and would listen to the old people tell tribal stories. The Peppers and the Thorpes would all be there as it was Billy Thorpe's favourite camping spot and he would tell the children many stories (Pepper 1980:57).

Table 3: Historic References recorded on the Victorian Aboriginal Heritage Register, for places within 2kms of the proposed track.

Previously Recorded Historic (non-Aboriginal) Sites

A search of relevant registers at National, State and Local Government levels was conducted to

identify any previously recorded historical sites or places either within the current study area or

within 3km of the study area. There are no previously recorded historical (non-Aboriginal) sites

within the current study area, but there are three sites within 3 km of the study area, as shown in

Table 4 below. Heritage Register places have significance to the state of Victoria; Heritage Inventory

places have an archaeological component; and Heritage Overlay places are included in the Shire of

East Gippsland planning scheme and are of local significance.



18

Historic

Registration

Place Name Listing Description Location in

relation to

study area

H1796 Lake Tyers

Anglican Church

Victorian

Heritage

Register

Timber church constructed in 1878

for the Lake Tyers Mission

2.1 km NE

H8522-0001,

HO244

Lake Tyers

Mission

Heritage

Inventory

and

Heritage

Overlay

Houses and other buildings such as a

dairy, store rooms and a cemetery.

2 km ENE

H8522-0014 Lake Tyers Timber

Company

Tramway Bridge,

Lake Bunga

Heritage

Inventory

Sixteen sets of triple-pile bridge piers

protruding from the lake

2.4 km WSW

Table 4: Historic Places within 3km of study area

Lake Tyers and neighbouring Lake Bunga are listed by the National Trust as having significant

landscapes that demonstrate the nature of colonisation in Victoria. The Lake Tyers Glassworks Site

includes the remains of wood-fired glass working furnace, operated by Edward Roberts and a brick

chimney and foundations. The site is located on the east shore of Lake Tyers, at the end of Tyers

House track, approximately 3km from the study area (Brady and Perham 1993: 98). The site is listed

by the National Trust (B1257), and although the site is outside the present study area and the task is

beyond the scope of this study; the site should be considered for inclusion on the Heritage Inventory

if an archaeological survey of the region is done in future.



19

Field inspection

A field inspection was undertaken on 26 August 2014 by Dr William Anderson and Dr Meredith

Filihia (both archaeologists and cultural heritage advisors, Dr Vincent Clark and Associates) and Mr

Jack Whadcoat (Coast Action) with a view to identifying Aboriginal and historical cultural heritage

sites that may be located along the general alignment of the proposed walking track. Prior to the

ground inspection commencing an onsite meeting was held which Mr Barry Kenny (Gunaikurnai

Land and Waters Aboriginal Corporation) attended. The project was discussed with Mr Kenny and he

provided a statement of the significance of the area to the Kurnai people.

Two Aboriginal sites were recorded as a result of the ground inspection, which have been added to

the Victorian Aboriginal Heritage Register.

Methodology

The field inspection was conducted by walking from east to west over the proposed route of the

walking track, which is to be developed in stages. The first stage, covered by this report, measures

approximately 2km along the foreshore of the Fishermans Landing Arm from Gully Rd to Bulmer’s

Point (see Figure below). The area west of Bulmer’s Point was not surveyed due to time constraints.

Notes were made regarding ground conditions and the former uses of the land and photographs

were taken. The position of a barbed wire fence line, which separates the foreshore from farmland,

was recorded using a handheld DGPS unit (Trimble Geoexplorer 600). The remains of another fence,

associated with a former asparagus farm, were noted (see photo below). Mr Whadcoat provided an

oral account of past events in the area and pointed out features of interest and gave local place

names. The locations of Aboriginal artefacts found on the surface were recorded using the DSPS,

photographs were taken of each item and the attributes of each item (material, form, dimensions

etc.) were recorded digitally.

Photograph 1: The present barbed wire fence, with a fencepost from a previous fence line behind it (M. Filihia 26 August 2014).



20

Results

The ground inspection covered a linear distance of approximately 2.07 km, which was walked during

a period of two hours. The route of the ground inspection is shown in Figure 10.

Figure 10: Location of and route taken during ground inspection (the stars mark the start and end points of the proposed track, as examined in the desktop assessment).

Due to dense vegetation very little of the ground surface (approximately 25%) was visible: the

exception to this was at Bulmer’s Point where the presence of a dirt track exposed all of the soil

along its alignment and lighter cover of leaf litter on the side of the track allowed about 50% of the

surface to be seen.

Two Aboriginal sites were recorded as a result of the ground inspection and have been placed on the

Victorian Aboriginal Heritage Register: Gully Road (VAHR 8522-0244) (a Low Density Artefact

Distribution) and Bulmer’s Point 1 (VAHR 8522-0254), (an artefact scatter, registered as a Low

Density Artefact Distribution). Both consist of lithic artefact scatters, found at places where the

ground has been eroded as the result of animal burrowing, track construction and vehicular and

pedestrian movement. In addition, the location of a tourist landing or jetty which operated on the

eastern side of Bulmer’s Point in the early 20th

century was noted; however, the physical remains of

the site are insufficient for it to be recorded on the Victorian Heritage Inventory.

Visibility and ground conditions

The vegetation in the study area greatly affected visibility and ground conditions. Along the

foreshore at sea level and at the highly variable high water mark, saltmarsh conditions prevailed.

Higher up the coastal dune, the Lake Tyers Coast Action group has undertaken a replanting program,

and a number of species have been introduced among the remnant and intact coastal box forest

(Wildlife Unlimited 2014 25-6).



21

Photograph 2: View of saltmarsh grasses and vegetation, near Gully Road, facing west (W. Anderson 26 August 2014).

Photograph 3: Coastal scrub at top of dune (W. Anderson 26 August 2014)



22

Photograph 4: Coastal box forest at Bulmer’s Point, facing south (W. Anderson 26 August 2014)

Ground visibility varied from excellent to no visibility at all. The inspection was conducted across

paddocks that were being used for cattle grazing because most of the foreshore reserve is covered

by thick vegetation that hindered access. Almost the entire length of the area traversed was covered

in kikuyu grass which prevented close inspection of ground surfaces; the exception to this were

eroded patches exposed through cattle trampling, the site of a former water bore near Gully Road

and patches of exposed ground under trees.



23

Figure 11: Ground conditions and visibility during inspection (W. Anderson and M. Filihia, 26 August 2014). Images show (clockwise from top left) Whadcoats Road at Bulmer’s Point, cattle track on eastern side of inlet, rabbit burrowing close to Gully Road, foreshore on eastern side of Bulmer’s Point



24

Cattle grazing has caused patches of disturbance and erosion, as has rabbit burrowing; these areas

were closely inspected for Aboriginal artefacts. The area of best visibility is the point at which

Whadcoats Road meets the foreshore at Bulmer’s Point. The ground conditions are shown in Figure

11. The proposed track crosses two gullies; both of these areas are boggy and waterlogged at their

lowest points (Photograph 6 and 6).

Photograph 5: Waterlogged gully (W. Anderson 26 August 2014).

Photograph 6: Waterlogged gully south-east of Bulmer’s Point, at the southernmost point of the survey route (W. Anderson 26 August 2014).



25

The field inspection was conducted over a short period of time and along just one alignment of the

foreshore. Therefore it does not constitute a comprehensive archaeological survey. The two

Aboriginal artefact deposits were identified on patches of exposed and disturbed ground. It is highly

likely that more deposits are present, both on the surface and below ground. The fact that two

surface artefact scatters were found during a relatively brief survey, at certain eroded locations,

strongly suggests that there are buried Aboriginal cultural deposits along the foreshore area.

Aboriginal Cultural Heritage Finds

“Gully Road” VAHR 8522-0244

The site VAHR 8522-0244 is located at the eastern end point of the proposed track, on land that was

formerly owned by J. D. Blay, a pioneer settler of the Lake Tyers area. A wire fence has been erected

to separate farmland from the foreshore. This paddock was used for growing asparagus

approximately 30-40 years ago (J. Whadcoat, pers. comm.) but is now used for grazing cattle (see

Figure 12 below).

Four lithic artefacts were located in the north eastern corner of the paddock approximately 30 m

metres south of the shoreline. Approximately ten metres to the west, and within the same paddock,

three further angular stones were inspected but discounted as being artefacts due to the lack of

clear diagnostic indicators.

All four artefacts were located within one metre of each other and were lying on a small patch of

dark grey sandy soil that had been exposed by rabbit burrowing. The artefacts are not in situ and

have been redeposited from a different context. Other areas of rabbit burrowing on both sides of

the wire fence were inspected but no further artefacts were located.

The four artefacts were manufactured from three raw materials and included a quartzite core and

an accompanying refitting flake, a silcrete flake and a chert angular fragment.



26

Figure 12: Location of VAHR 8522-0244 Gully Road LDAD, looking west (W. Anderson 27 August 2014).

Photograph 7: VAHR 8522-0244 Gully Rd LDAD (W. Anderson 27 August 2014).



27

Photograph 8: Silcrete flake at VAHR 8522-0244, (W. Anderson 27 August 2014)

Photograph 9: Chert angular fragment at VAHR 8522-0244 (W. Anderson 27 August 2014)

Photograph 10: Quartzite core at VAHR 8522-0244 (W. Anderson 27 August 2014)



28

Photograph 11: Quartzite flake at VAHR 8522-0244 (W. Anderson 27 August 2014)



29

“Bulmer’s Point 1” VAHR 8522-0245

Bulmer’s Point is the local name given to a promontory of land jutting into Lake Tyers and situated at

the end of Whadcoats Road (Figure 13).

At this site, lithic artefacts are eroding from the ground along a north-south aligned track that runs

to the tip of the northward projecting promontory. The dirt track has been slightly excavated to a

depth of approximately 20 cm into the natural level of the ground. The track runs downhill

northwards on a gentle to moderate slope (see Photograph 12, below)

The artefacts are concentrated on the west side of the track, where there are deeper wheel ruts,

though one item was found in scrub to the east side of the track. The artefacts are all within 10m of

each other. Six artefacts were recorded (shown in the photographs below) but more are present

which were not recorded due to time constraints. At least five more artefacts were observed and it

is strongly suspected that there are buried cultural deposits at this location, which may extend

across the whole promontory.

The recorded lithic items consist of medium-coarse to fine and very fine-grained silcrete in grey, dark

grey and red materials, and one very fine-grained dark grey chert multidirectional core for

microblades. The concentration is located about 30 m south of the place where the track ends as it

reaches the lake foreshore. Artefacts are likely to come from in situ buried deposits that have been

revealed through vehicular erosion of the track and are probably associated with the red clay soil

that forms the track’s surface.



30

Figure 13: Location of VAHR 8522-0245 Bulmer’s Point 1



31

Photograph 12: Location of VAHR 8522-0245 Bulmer’s Point 1 artefact scatter, looking north (W. Anderson 26 August 2014).

Photograph 13: Silcrete flake at VAHR 8522-0245 (W. Anderson 26 August 2014)



32


Photograph 15: Chert microblade core at VAHR 8522-0245 (W. Anderson 26 August 2014)




33



Historical (non-Aboriginal) cultural heritage.

Traces of the European settlement and use of the area were identified during the ground inspection;

however, there is little potential for intact archaeological contexts to be present.

Mr Whadcoat pointed out a depression in the north-east corner of the paddock near Gully Road, and

identified it as the site of a dam from which water was pumped to the Albert Park Guest House,

shown in Figure 14 below (see also Appendix 2). Near the fence line to the east, a piece of rusty pipe,

most probably associated with the dam, was located. No other historical artefacts were found in this

vicinity. The guest house has since been demolished and a residential subdivision now covers the

site.



34

Figure 14: Albert Park Guest House, Rose Postcard (State Library of Victoria)

Photograph 19: Depression at the site of the former dam used for pumping water to the Albert Park Guest House (M. Filihia 26 August 2014).



35

Approximately 100 m south of Bulmer’s Point, on the eastern side of the promontory, is the site of a

tourist launch that operated early in the twentieth century (see Appendix 2). The ground inspection

found a scatter of historic artefacts including glass, metal and ceramic fragments, together with

deposits of shells. The shell species included pipis (a bivalve commonly eaten but also used as bait by

anglers) and mud whelks. Although these shells are commonly found in Aboriginal shell middens,

which are a site type found in the Lake Tyers area, these deposits are not Aboriginal middens. Based

on the size and location of the deposits, they are likely to be waste discarded by anglers. A broken

bottle with a square base and a blob top was located; these are most likely from a condiment bottle

although the glass was discoloured. A fragment of a moulded ceramic vessel with green and white

glaze was also noted, as were small, unidentified metal pieces.

No evidence of the jetty was visible at the time of the site visit and the historic artefact scatter was

small and limited in its size and range of materials. Although the site is of local significance, there is

low potential for further archaeological deposits to be present.

Photograph 20: Location of historic tourist landing on east shore of promontory, facing north (W. Anderson 26 August 2014).



36

Photograph 21: Shell deposit near historic landing site (W. Anderson 26 August 2014).

On the basis of the brief ground investigation, it is considered highly likely that there are further

buried deposits of Aboriginal cultural material within the study area. Great care should therefore be

taken in the design and implementation of the proposed walking trail.

The recommendations of this report outline further actions and matters for consideration resulting

from the desktop assessment and ground inspection.



37

Conclusions to the Due Diligence Assessment

This assessment has taken into consideration whether a cultural heritage management plan is

required for this activity and whether the activity is likely to cause harm to Aboriginal or historic

cultural heritage.


In Victoria, Aboriginal cultural heritage is protected by the Aboriginal Heritage Act 2006 and the

accompanying Aboriginal Heritage Regulations 2007.

It is clear that Aboriginal people have a strong cultural connection to the Lake Tyers area, and that

the area was utilised by Aboriginal people for a long time prior to European colonisation. The

desktop assessment found that there were no previously recorded sites on the Victorian Aboriginal

Heritage Register within the study area, but there were four historic references recorded on the

supplementary list of the VAHR within, or very close to, the study area relating to the post-contact

history of the place. These ‘heritage reference’ places have both cultural significance and historic

values, but are for the most part intangible and will not be harmed by the proposed activity.

The land use history indicated that stock grazing and the construction of a parking area to service

tourists using the jetties in Fishermans Arm have had an impact on the foreshore area. The stock

grazing has caused erosion, which may explain why there are no recorded shell middens on the

estuarine shoreline, as they may have eroded away

An on-site meeting and field inspection was conducted on 26 August 2014. The site inspection

resulted in the identification and registration of two Aboriginal cultural heritage places, ‘Gully Road’

VAHR 8522-0244 and ‘Bulmer’s Point 1’ VAHR 8522-0245, a low density artefact distribution and an

artefact scatter respectively.

Although the site inspection was of limited duration and scope, due to time and budgetary

constraints, the results indicate that there is likely to be further cultural heritage material within the

study area, including potential subsurface deposits.

In accordance with Regulation 6 of the Aboriginal Heritage Regulations 2007, the preparation of a

cultural heritage management plan (CHMP) is mandatory if:

a) All or part of the activity is a high impact activity; and

b) All or part of the study area for the activity is an area of cultural heritage sensitivity.

A high impact activity is defined as an activity that would result in significant ground disturbance and

involves the construction of specified items of infrastructure. A walking track with a length of more

than 100 metres is a specified item, but it must also result in significant ground disturbance to be

considered high impact – Regulation 44 (1) (f).

If the planned walking track will be defined only by mowing a trail through the vegetation, it will not

result in significant ground disturbance, and is therefore not a high impact activity and does not



38

require a mandatory CHMP. However, if works include the stripping of topsoil or the construction of

boardwalks, or any significant ground disturbance, then a mandatory CHMP will be required.

The Aboriginal Heritage Regulations 2007 indicate that the activity area is located within a defined

area of cultural heritage sensitivity, as the study area is located within 200m of Lake Tyers (a named

waterway, r. 23). Furthermore, Victorian Aboriginal Heritage Register Places, or areas within 50m of

a VAHR places are also defined as areas of cultural heritage sensitivity (r. 22).

An alternative course of action could involve applying for a cultural heritage permit. If the works are

not high impact (a mandatory CHMP is not required), and the two identified sites will be affected by

the track, Lake Tyers Coast Action Inc. could apply to the Secretary (Department of Premier and

Cabinet) for a permit, under S. 36(1) (c) of the Act, to “carry out an activity that will, or is likely to,

harm Aboriginal cultural heritage”. Conditions (such as archaeological investigation of the sites)

could be placed on the permit. A permit can only be sought in situations where a CHMP is not

required.

The permit process can be lengthy (unlike a CHMP there is no statutory timeframe for evaluation)

and given the likely presence of further cultural heritage material within the study area, preparing a

CHMP would provide more certainty for both the RAP and the Sponsor about the cultural values of

the area.

From what was observed of the topography of the area during the inspection, we think it is likely

that the installation of a walking track in this instance would be defined as a ‘high impact activity’

under the Regulations, and that the best course of action would be to prepare a CHMP. However,

based on the Lake Tyers Coast Action Inc.’s proposal that the track will not be high impact, we have

presented the alternative option of applying for a permit in the recommendations overleaf.

Historic (Non-Aboriginal) Cultural Heritage

The proposed works will not affect any known historical cultural heritage and it is unlikely that any

unidentified historical heritage or archaeological deposits exist within the area to be disturbed.

Procedures to be followed if any unidentified or unexpected historical archaeological remains or

deposits are uncovered or identified during construction works are provided in Recommendation 4

below. Archaeological remains or deposits may include buried structural remains such as

foundations, concentrations of artefacts (such as bottles) or other man-made features.



39

Recommendations

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


1. If the installation of the proposed track will cause any ground disturbance, a mandatory

CHMP will be required for this activity.

2. If the installation of the track will NOT cause ground disturbance, and can avoid VAHR 8522-

0244 and VAHR 8522-0245, a mandatory CHMP will not be required for the activity.

3. If the installation of the track will NOT cause ground disturbance, but works can not avoid

VAHR 8522-0244 and 8522-0245, and a CHMP has not been prepared, a Cultural Heritage

Permit will be required.

4. Whilst a CHMP may not be mandatory for this activity, sections 27 and 28 of the Act make it

unlawful to harm Aboriginal cultural heritage. If during the works for the activity the client or

the client’s agent or contractor identifies Aboriginal cultural heritage, or has reason to

believe that it may be present, work must cease immediately at that location; the

appropriate parties must be notified and the provisions set out in the Contingencies

(Appendix 1) must be implemented.

Contact details to report the discovery of Aboriginal cultural heritage:

Office of Aboriginal Affairs Victoria, Department of Premier and Cabinet

Level 9, 1 Spring St, Melbourne VIC 3000

Phone: 1 800 762 003

Fax: (03) 9208 3292

Email: [email protected]

5. If the activity will not cause significant ground disturbance and Lake Tyers Coast Action Inc

do not sponsor a CHMP, they may wish to invite a Gunaikurnai Land and Waters Aboriginal

Corporation representative to be present to help inform the best possible alignment when

creating their mown trail.

Historic Cultural Heritage

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

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

Contact details for Heritage Victoria are:

Jeremy Smith

Heritage Victoria

Dept. of Planning and Community Development

GPO Box 2392

Melbourne, Vic 3001

Phone: 03 03 9208 3333

Email: [email protected]



40

References

Blom, W.M. 1988. Late Quaternary sediments and sea levels in Bass Strait, southeastern Australia – a

preliminary report. Search, 2: 94.

Brady, A. and G. Perham 1993. Historic Places in the East Gippsland Forest Management Area.

Report to the Australian Heritage Commission and the Department of Conservation and

Natural Resources. Melbourne.

Carolane, P. 2008. Parallel Fantasies: Tourism and Aboriginal Mission at Lake Tyers in the Late

Nineteenth Century. In Barry, A., J. Cruickshank, A. Brown-May and P. Grimshaw (eds),

Evangelists of Empire?: Missionaries in Colonial History. University of Melbourne

eScholarship Research Centre, Melbourne, 2008. Available online at

http://www.msp.unimelb.edu.au/missions/index.php/missions/article/viewFile/13/17

Fison, L. & Howitt, A. W. 1880. Kamilaroi and Kurnai: An Analysis of Aboriginal Social Structure.

George Robertson, Melbourne.

Green, B., A. Murphy and T. Rymer 2011. Lake Tyers Aboriginal Trust Sewerage Scheme, Lake Tyers

Aboriginal Trust to Toorloo Arm Reservoir, Lake Tyers. Cultural Heritage Management Plan

10677. Sponsored by East Gippsland Water.

Hall, R. 1991. Far East Gippsland Archaeological Survey (draft). Victorian Archaeological Survey.

Howitt, A. W. 2001. The Native Tribes of South-East Australia. Aboriginal Studies Press, Canberra.

(First published 2004, then in facsimile edition 1996 by Australian Institute of Aboriginal and

Torres Strait Islander Studies).

Hull, W. 1858. ‘Evidence in Report of the Select Committee of the Legislative Council on the

Aborigines, 1858-59, in Victorian Legislative Council’, Votes and Proceedings, Government

Printer.

Jennings, J.N. 1971. ‘Sea level changes and land links’. In, Mulvaney D.J. & J. Golson. Aboriginal Man

and Environment in Australia. Australian National University Press, Canberra.

Johnston, C., L. Honman, N. Schmeder, E. Hewitt, S. Hughes, K. Sandiford, D. Rhodes and K. Audy

2009. Lake Tyers Historic Precinct Conservation Management Plan. Report to Aboriginal

Affairs Victoria, Heritage Victoria and the Lake Tyers Aboriginal Trust. Context, Melbourne.

Pepper, P. with T. de Araugo 1980 You Are What You Make Yourself To Be: The Story of A Victorian

Aboriginal Family 1842-1890. Hyland House Publishing, Melbourne.

Rhodes, D. 2001a A Archaeological Survey of Proposed Works Area Colqhoun Forest. Report to NRE.

Terraculture, Melbourne.

Rhodes D. 2001b Archaeological Subsurface testing at the Site of New Airstrip, Hoggs Lane, Lakes

Entrance. Report to Whelans Earthmoving. Terraculture, Melbourne.

Schell, P. 2009 Red Bluff Cultural Heritage Study. Report to Parks Victoria. Andrew Long &

Associates, Melbourne

Smyth, R. B., 1878 The Aborigines of Victoria: with notes relating to the habits of the natives of other

parts of Australia. 2 vols, John Ferres, Government Printer, Melbourne.

Thompson, K. 1985. A History of the Aboriginal People of East Gippsland. Report to the Land

Conservation Council, Victoria.



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Tulloch, J. 2005 An Archaeological Monitoring Program for a Vodaphone Telecommunications Facility

at Toorloo Arm, East Gippsland, Victoria. Report to Vodaphone. Biosis Research, Port

Melbourne.

Wildlife Unlimited, 2014 Preliminary Investigation of the Fauna and Flora Values of the Lake Tyers

Foreshore Between No. 2 Boat Ramp and Fishermans Landing. Report prepared for Lake Tyers Coast

Action Group. Bairnsdale.

Vandenberg A.H.M, Hendrickx, M.A., Willman, C.E., Magart, A.P.M, Oranskaia, A., Rooney, S., and

A.J.R. White, 1996. The Geology and Prospectivity of the Orbost 1:100 000 Map Area, Eastern

Victoria. Victorian Initiative for Minerals and Petroleum Report 25. Department of Natural Resources

and Environment.

Websites

Bataluk Cultural Trail

http://www.batalukculturaltrail.com.au/gunai%20kurnai%20clans.php accessed 11 August 2014

Monument Australia, ‘Sydney Cove’

http://monumentaustralia.org.au/display/23400-sydney-cove accessed 6 August 2014.

VICNAMES

http://services.land.vic.gov.au/vicnames/historicalInformation.html accessed 6 August 2014.

‘Department of Environment and Primary Industries (DEPI),Victorian Resources Online, Victorian

Geomorphological Framework,

http://vro.depi.vic.gov.au/dpi/vro/vrosite.nsf/pages/landform_geomorphological_framework

accessed 7 November 2014.

Images

Figure 4: The La Trobe Journal, Issue 85

http://www.slv.vic.gov.au/latrobejournal/issue/latrobe-85/fig-latrobe-85-052a.html, accessed 6 August 2014.

Figure6: Illustrated Australian News for Home Readers, 24 April 1869, State Library of Victoria

http://handle.slv.vic.gov.au/10381/240371, accessed online 12 August 2014.

Figure 7: Sketch Map of Lake Tyers. Thomas Cook, c. 1903, State Library of Victoria

http://handle.slv.vic.gov.au/10381/137200, accessed online 15 July 2014.

Figure 8: Colquhoun Parish Map, Department of Crown Lands and Survey, Melbourne, 1930, State

Library of Victoria, http://handle.slv.vic.gov.au/10381/154073, accessed online 11 August 2014.

Figure 9: ‘Victoria Hartland’ 1941 topographic map Australian Section Imperial General Staff,

http://handle.slv.vic.gov.au/10381/152102 , accessed 11 August 2014

Figure 14: “Albert Park” Lake Tyers, Rose Postcard, State Library of Victoria,

http://handle.slv.vic.gov.au/10381/62178 accessed online 11 August 2014.



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Source Material

State Library of Victoria, Victorian Government Gazette, No. 29: 408

Victorian Government Gazette, No. 113, 10 November 1863: 2523

TROVE The Argus, 20 March, 1886

Legislation

Aboriginal Heritage Act 2006 (VIC)

Aboriginal Heritage Regulations 2007 (VIC)

Heritage Act 1995 (VIC)



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Appendices

Appendix 1: Contingencies

Contingency for the unexpected discovery of Aboriginal cultural heritage during works

Note that s.24 of the Act provides for the mandatory reporting of the discovery of an Aboriginal

place as soon as practicable and specifies that the “person in charge of the works is deemed …. To be

the person who discovered the place or object” (s.24(3)).

The procedure for reporting the discovery of Aboriginal cultural heritage during construction

activities will be:

· If any unexpected artefacts or other features are identified during the site works, the person

making the discovery must notify the person in charge of the activity immediately and that

person must then suspend soil disturbance at that location.

· The extent of the site, or suspected site, must be determined and a 5m buffer established

around that extent, within which work may not be undertaken.

· The person responsible for the activity must notify AAV immediately (i.e. within no more

than 24 hours) of the discovery (or suspected discovery).

If the discovery is determined to be Aboriginal cultural heritage a qualified archaeologist must

record the Aboriginal place and complete any necessary records and notify OAAV and the traditional

land owners (Gunaikurnai Land and Waters Aboriginal Corporation). A decision/recommendation

concerning the process to be followed to manage the Aboriginal cultural heritage in an appropriate

manner will be determined in consultation with OAAV, the traditional land owners and the sponsor.

A stop order may be issued for the activity, pursuant to s.87 of the Act.

Contingency for the unexpected discovery of human remains

If potential human skeletal remains are uncovered during the site works, all work must cease

immediately and the Victoria Police and the Victorian Coroner’s Office (ph: 1300 309 519) notified,

as required by the Coroners Act 1985. If there are reasonable grounds to believe that the remains

are Aboriginal, the State Control Centre must be contacted immediately (ph: 1300 888 544) and the

requirements of s.17 of the Aboriginal Heritage Act 2006 (hereafter referred to as the Act) will apply.

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

a) Discovery

· If suspected human remains are discovered, all activity in the vicinity must cease, to ensure

that damage to the remains is minimised; and

· The remains shall not be touched or otherwise interfered with, other than to meet the

requirements of the Coroner and the Act and to safeguard them from further disturbance.

· There must be no contact with any media representative in the event of the discovery of a

suspected burial.

b) Notification

· Immediately suspected human remains are identified, the Victoria Police and the Victorian

Coroner’s Office (ph: 1300 309 519) must be notified.

·

· If there are reasonable grounds to believe that the remains are Aboriginal, the State Control

Centre must be contacted immediately (ph: 1300 888 544).



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· All details of the location and nature of the suspected human remains must be provided to

the relevant authorities; and

· If it is confirmed by the relevant authorities that the remains are Aboriginal skeletal remains,

the person responsible for the activity must report the existence of the remains to the

Secretary, Department for Victorian Communities, in accordance with s.17 of the Act.

c) Impact Mitigation or Salvage

· The Secretary, after taking reasonable steps to consult with any Aboriginal person or body

with an interest in the human remains, will determine the appropriate course of action, as

required by s.18(2)(b) of the Act;

· The appropriate impact mitigation or salvage strategy, as determined by the Secretary, must

be implemented.

d) Curation and Analysis of Remains

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

the Secretary.

e) Reburial

Any reburial site(s) must be fully documented by an experienced and qualified archaeologist, clearly

marked, and all details passed on to AAV. An appropriate management plan must be devised and

implemented to ensure that the remains are not disturbed in the future.



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Appendix 2: Historical Information provided by Jack Whadcoat

Some potted histories of the Fishermans Landing area of Lake Tyers

Put together by Jack & Grace Whadcoat

The following is some basic information gained from local knowledge of the area after a lifetime of

89 years living and working at Lake Tyers

Melbourne papers report in 1842 a recently discovered large body of water in East Gippsland would

be named Lake Tyers.

Lake Tyers was named after C J Tyers in 1843 being the First land Commissioner of the era.

In 1862 John Bulmer commenced the 2000 acre Aboriginal settlement in 1862 (a further 2000 acres

were later added to the settlement) together with 200 acres on the Western side of the lake. This

200 acres was subdivided and sold off in 20 acre lots in 1913

The Early cattle run named Lake Tyers was taken up by Ewing Bros and later Tasman Roadknight.

The land to the south of the Fishermans Landing Arm was settled as large areas by JD Blay and

Thomas Roadknight and cleared as cattle runs in the 1850’s. Later these blocks were split and owned

by various farmers Edward Bulmer, William Cross, Kent family, Austen and Alexander Whadcoat.’

At the Eastern end of the reserve there were small jetties erected in the late 1800’s to accommodate

tourist Launches owned by William & Charlie Cross. William Cross had established Albert Park Guest

house above this area where the township now overlooks the Islands and waterway.



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Also at this time at Fishermans Landing at the Western end of the Reserve the foreshore was

developed with wharves and a landing cleared to accommodate the storage of sleepers and piles

and also Tourist launches.

Halfway along this foreshore Clarry Blay had a small Jetty established for his tourist launch and at

the end of Whadcoat Road this was developed as “The Tourist Landing “where a parking area was

leveled (still obvious)and a access road led to the jetty where tourist launches took passengers on

trips around the lake.

A Slipway was erected on this point to repair the boats plying the waterway. some of the posts still

existing today. Between this point and Fishermans landing another wharf was known as Middle

Point where once again a tourist landing jetty was erected and is still visible. The road to this jetty

led through the private property staring off Lake Tyers Beach road opposite the Red Bluff Turn off.



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Tourist Landing” on the foreshore. Maintained by the Lakes Entrance Tourist association

Situated at the end of Whadcoat Road

As fencing was expensive the farmers chose to lease the foreshore reserve paying 1 to 2pounds per

annum to the lands Department for the use of the foreshore reserve. This allowed the cattle to graze

right to the water’s edge.

Over time much of the understory vegetation was destroyed causing erosion and killing off the

larger trees some of which still remain as dry stags seen today.

In the 1980’s the lands Department persuaded the Kent property owner to fence off the reserve and

they planted approx 4000 native trees which are now growing into mature stands.

In 2001 the lake Tyers Coast Action group planted 4000 understory shrubbery. As time has

progressed some of the reserve has been fenced but not on the correct boundary line especially to

the West of Whadcoat Road

At Fishermans landing western end several jetties were erected as private jetties and in approx 1956

the main wharf as it stands today was established.

Over the years there has been severe erosion to the lake as the reserve has been used by cattle and

vehicles travelling along the flat area of the reserve.



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On the flat area of the reserve back from the lake edge two- 1 acre plots were planted with

asparagus tubers for commercial market garden farming sold through the Melbourne markets by the

Kent Family. Now over grown with Ki -Kuyu grass.

There has been an invasion of Blackberry and Boxthorn in many areas with rabbits plentiful. Much

attention will be required to get it back to all native plants.

cultural heritage survey

Documents