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Page 1 of 21 HERITAGE COUNCIL OF NSW MINUTES OF MEETING Meeting Number 352 7 th October 2008 Heritage Branch Department of Planning Parramatta PRESENT David Logan, Ross Fitzgerald, Rosemary Annable, Peter Mould, John Neish, Julie Bindon, Petula Samios (for Director General, Department of Planning), Tom Gellibrand (Department of Planning), Russell Couch (for Director-General Department of Environment, Climate Change and Water) APOLOGIES Gabrielle Kibble (Chair), Sharon Sullivan (Deputy Chair), Danny Chapman ALSO PRESENT Heritage Branch Staff: Tim Smith, Cameron White, Graham Williams and Alice Brandjes for presentation 4.3, Brewarrina Rock Ramp Fishway In the absence of the Chair and Deputy Chair members agreed to Mr Tom Gellibrand acting as Chair for the meeting 1. Opening – Welcome The Chair opened the meeting at 9.00 am 1.2 Confirmation and Timing of Agenda The agenda was confirmed noting that a scheduled presentation on the MV Baragoola would not occur and the addition of item 5.12 Religious Properties Advisory Panel - Appointment of new member. 1.3 Declarations of Interest Pecuniary Interests Nil Non Pecuniary Interests Nil Conflicts of Interest David Logan and Julie Bindon - Item 5.1 Bungarribee Curtilage Amendment David Logan – Item 6.1 Catherine Hill Bay State Heritage Register Listing Update 2.0 Confirmation of Minutes 2.1 Heritage Council Meeting of 5 th August 2009 Members considered minutes of the meeting of 5 th August 2009. Resolved: That the Heritage Council of NSW: 1. adopt the minutes of 5th August 2009.

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Page 1 of 21

HERITAGE COUNCIL OF NSW

MINUTES OF MEETING

Meeting Number 352

7th October 2008

Heritage Branch

Department of Planning

Parramatta

PRESENT David Logan, Ross Fitzgerald, Rosemary Annable, Peter Mould, John

Neish, Julie Bindon, Petula Samios (for Director General,

Department of Planning), Tom Gellibrand (Department of Planning),

Russell Couch (for Director-General Department of Environment,

Climate Change and Water)

APOLOGIES Gabrielle Kibble (Chair), Sharon Sullivan (Deputy Chair), Danny

Chapman

ALSO

PRESENT

Heritage Branch Staff: Tim Smith, Cameron White, Graham

Williams and Alice Brandjes for presentation 4.3, Brewarrina Rock

Ramp Fishway

In the absence of the Chair and Deputy Chair members agreed to Mr Tom

Gellibrand acting as Chair for the meeting

1. Opening – Welcome

The Chair opened the meeting at 9.00 am

1.2 Confirmation and Timing of Agenda

The agenda was confirmed noting that a scheduled presentation on the MV

Baragoola would not occur and the addition of item 5.12 Religious Properties

Advisory Panel - Appointment of new member.

1.3 Declarations of Interest

Pecuniary Interests Nil

Non Pecuniary Interests Nil

Conflicts of Interest David Logan and Julie Bindon - Item 5.1

Bungarribee Curtilage Amendment

David Logan – Item 6.1

Catherine Hill Bay State Heritage Register Listing

Update

2.0 Confirmation of Minutes

2.1 Heritage Council Meeting of 5th August 2009

Members considered minutes of the meeting of 5th August 2009.

Resolved:

That the Heritage Council of NSW:

1. adopt the minutes of 5th August 2009.

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2.2 Heritage Council Meeting of 3rd September 2009

Members considered minutes of the meeting of 3rd September 2009.

Resolved:

That the Heritage Council of NSW

1. adopt the minutes of 3rd September 2009.

3.0 Reports

3.1 Chair’s Report

In the absence of the Chair, no Chair’s report was made to the meeting.

3.2 Director’s Report

Members noted the Director’s Report contained in the Agenda Papers. Mention was

made on the following items which were included in the Report.

Heritage Act Commencement dates – It was noted that the Heritage

Amendment Act 2009 would commence on Friday, 16 October 2009.

Abernethy Stonemasons’ lathe – The State Heritage Register listed lathe might

be transferred to a new home at Moruya with custodianship being assumed by

Eurobodalla Shire Council. The Heritage Council will consider a proposal to

recommend transferring the title from the Minister at a future meeting.

Giant Slide – It was noted that Minister Keneally had decided not to list the Giant

Slide at the Royal Agricultural Society showground site.

Yobarnie Keyline Farm – The question was raised as to the decision made by

Hawkesbury City Council on the Seniors Living development application. Members

asked that a letter to the Hawkesbury City Council request involvement of the

Heritage Council in proposals outside the area of the Seniors Living Area and seek

clarification of the City Council’s decision.

Windsor – proposed new bridge – The Report’s advice on the Options which had

been presented by the Roads & Traffic Authority (RTA) were noted as was the need

for more concept design by the RTA in this heritage significant and sensitive

location. Senior Heritage Branch Archaeologist, Dr Siobhan Lavelle, advised that

she had attended the RTA Option Review Workshop. The question was raised as to

the position of Hawkesbury City Council on the various options. Members agreed

that a letter should be sent to Hawkesbury City Council advising of the Heritage

Council’s view of its preferred option 6.

3.2.1 Matters approved under Delegation (Listings team) – Nil Report

3.2.2 Matters approved under Delegation (Conservation team)

Members noted the report.

Resolved:

That the Heritage Council of NSW:

1. noted the report

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3.2.3 Heritage Council Meeting Action Report

Members noted the report.

Regarding unauthorised works at Newcastle Railway Station members requested

that a further letter to Railcorp be sent for them to advise on the long term repair

and management of the site.

Members also requested a report on the fund, particularly in regard to funds for

Wambo, prior to the proposed visit to Wambo by the Wambo sub-committee.

3.3 Member’s Reports

Russell Couch, Director, Policy and Knowledge Branch, Department of Environment,

Climate Change and Water, provided Heritage Council members with a compact

disc copy of “Challenges in the Landscape: Memories of Conserving Historic

Heritage in the NSW Park System, ” This is a recent publication of the Department

of Environment, Climate Change and Water.

Resolved:

That the Heritage Council of NSW:

1. noted the report and thank Mr Couch for copies of the report

4.0 Presentations

4.2 National Parks Wildlife Services Act – Russell Couch, Department of

Environment, Climate Change and Water

Russell Couch provided a presentation to the meeting on proposed changes

contained in the National Parks Amendment Act 2009, in particular in regard to

Aboriginal Cultural Heritage issues. Resolved:

That the Heritage Council of NSW:

1. noted the information in the presentation

5.0 Matters for Consideration and Decision

5.1 Bungarribee, Blacktown - Curtilage Amendment

Mr David Logan (Godden Mackay Logan (GML)) representing the applicant,

Landcom made a presentation in regard to a proposal for amendment to the current

State Heritage Register curtilage of the Bungarribee site. GML had prepared a

Conservation Management Plan for the site in 2007.

Members’ Julie Bindon and David Logan excused themselves from the meeting due

to conflict of interest in matter.

The Heritage Council considered the proposal to reduce the current State Heritage

Register listing curtilage to the core heritage area around the archaeological

remains of the Bungarribee Homestead Archaeological site. The application for the

reduction was made by Landcom to develop the portion of the site in Landcom

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ownership, which is outside of the Bungarribee Homestead Archaeological site, for

the Doonside Residential Parcel.

It was noted that 19 Century drawings indicated that a kitchen garden and orchard

had occupied a portion of the Landcom site, however, tests had found no remains.

It was further noted that Landcom is prepared to undertake further investigation

and to record any remains such as paths and remanent garden remains.

Resolved:

That the Heritage Council of NSW:

1. in accordance with section 33 (1)(d) of the Heritage Act, 1977

advise the Minister that the State Heritage Register listing boundary

for Bungarribee Homestead Complex - Archaeological Site, Doonside

be amended to the reduced curtilage shown in Annexure D of the

prepared report and Annexure A of these minutes;

2. recommends to the Minister, in accordance with sections 32(1) and

(2) of the Heritage Act, that the Minister directs the State Heritage

Register listing boundary for Bungarribee Homestead Complex -

Archaeological Site, Doonside be amended to the reduced curtilage

shown in Annexure D of the prepared report and Annexure A of

these minutes;

3. in accordance with sections 33(1)(e) of the Heritage Act 1977, gives

notice of its decision to persons notified under section 33(1)(a); and

4. directs the Heritage Branch to work with Landcom to further

investigate the claims of additional sites of archaeological

significance raised in the public submissions.

Members Julie Bindon and David Logan returned to the meeting.

5.2 Yooroonah Tank Barrier, Ebor – Recommendation to list

The Yooroonah Tank Barrier was considered for listing in accordance with the

Heritage Council’s World Wars I and II Thematic Listing theme.

The Yooroonah Tank Barrier is one of the last inland and most intact complexes of

tank barrier systems from World War II which remains in NSW. The Tank Barrier

comprises wooden post barriers, concrete tetrahedra and an excavated tunnel

under the former road. The tunnel was mined for detonation on being reached by

an enemy. The site meets five of the seven Heritage Council criteria for state

heritage significance (A, C, E, F & G).

The curtilage of the proposed listing (described in Annexure B of the agenda paper)

was achieved by locating, on an aerial photograph, the approximate point of the

mined tunnel under the original road and extending a radius of 200 metres from

this central point. The agenda report noted that this method captures the various

significant heritage elements of the site.

Members agreed on the importance of the site and to recommend the listing to the

Minister as per the following resolution. Resolved:

That the Heritage Council of NSW:

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1. in accordance with section 33 (1)(d) of the Heritage Act, 1977

advises the Minister that the item known as “Yooroonah Tank

Barrier” at Waterfall Way, Ebor, is of State heritage significance, as

shown in the plan at Annexure B of the prepared report and

Annexure B of these minutes;

2. recommends to the Minister, in accordance with sections 32(1) and

(2) of the Heritage Act, that the Minister directs the listing of the

item, “Yooroonah Tank Barrier” at Waterfall Way, Ebor, on the State

Heritage Register;

3. in accordance with sections 33 (1)(e) of the Heritage Act 1977,

gives notice of its decision to persons notified under section

33(1)(a); and

4. in accordance with section 57(2) of the Heritage Act, recommend

the Minister grant the following exemptions from section 57(1) in

addition to the Heritage Council Standard Exemptions:

a. Works in accordance with the ‘Cathedral Rock National Park –

Plan of Management’ (NSW National Parks & Wildlife Service,

2002)

b. Routine maintenance of the site to be conducted by DECCW

(including periodic hazard burning and week management

activities)

c. RTA routine maintenance of the section of Waterfall Way that

traverses the SHR-listed curtilage

d. Periodic access by stock to the Travelling Stock Route area

5.3 The Cenotaph, Sydney – Recommendation to list

The members received a report recommending the listing of The Cenotaph in Martin

Place, Sydney nominated by the Heritage Branch as part of the Heritage Council’s

thematic program focused on “World Wars I and II”.

The Cenotaph is of State historical and associational significance for its embodiment

of collective grief at the loss of life by Australian servicemen in World War I. Unlike

most other war memorials in Australia, the Cenotaph, meaning ‘empty tomb’, does

not name individuals, but instead mourns and commemorates the communal

sacrifice of lives lost at war. This makes it both representative and rare as a war

memorial. It is of State aesthetic significance as an Australian reworking of the

British prototype cenotaph at Whitehall, and as an example of the monumental

sculpture work of Bertram Mackennal. The Cenotaph is also of State social

significance as a powerful focal point for memorial services in NSW associated with

all wars and conflicts.

The proposed item meets at least six of the seven Heritage Council criteria for

listing on the State Heritage Register in terms of criteria (a, b, c, d, f, g).

The recommendation made to the Heritage Council was to list the entire block of

Martin Place between George and Pitt Streets as illustrated in Annexure B of the

prepared report. Most of the block is Crown Land managed by the City of Sydney as

part of the Martin Place Plaza.

The report considered by the Heritage Council advised that this proposed curtilage

will provide a suitable level of protection for the Cenotaph, whilst appropriate

exemptions will allow for the continuation of traditional uses of Martin Place without

the need for Heritage Council approvals, where there is no material impact upon

heritage significance.

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Members agreed on the importance of the site and to recommend the listing to the

Minister as per the following resolution. Resolved:

That the Heritage Council of NSW:

1. in accordance with section 33 (1)(d) of the Heritage Act, 1977

advises the Minister that the item known as “The Cenotaph” at

Martin Place, Sydney, is of State heritage significance, as shown in

the plan at Annexure B of the prepared report and Annexure C of

these minutes ;

2. recommends to the Minister, in accordance with sections 32(1) and

(2) of the Heritage Act, that the Minister directs the listing of the

item, “The Cenotaph” at Martin Place, Sydney, on the State Heritage

Register;

3. in accordance with sections 33 (1)(e) of the Heritage Act 1977,

gives notice of its decision to persons notified under section

33(1)(a); and

4. in accordance with section 57(2) of the Heritage Act, note that the

Heritage Council Standard Exemptions will apply. And recommend

the Minister grant the following exemptions from section 57(1) in

addition to the Heritage Council Standard Exemptions:

a. Activities, works, repairs, excavations and augmentations

associated with the ongoing use or decommissioning of the

place as an electricity substation and for the ongoing

accommodation of electricity system infrastructure and street

lighting infrastructure provided there is no negative material

impact upon the heritage significance of the place or upon

significant fabric.

b. Activities and works associated with the ongoing use of the

place for street vending provided there is no negative material

impact upon the heritage significance of the place or upon

significant fabric.

c. Use of the place for public gatherings and memorial services

including the use and erection of banners provided there is no

negative material impact upon the heritage significance of the

place or upon significant fabric.

d. Erection of temporary structures and provision of temporary

services for community and civic events provided these

remain in place for no longer than two months and provided

there is no negative material impact upon the heritage

significance of the place or upon significant fabric.

e. All maintenance and repairs of the Cenotaph consistent with

an endorsed Conservation Management Plan for the item.

5.4 M.V. Baragoola – Recommendation to de-list

Tim Smith, Deputy Director, Heritage Branch, advised the Heritage Council that Mr

Lyons had telephoned that morning stating that he was unable to make the

presentation. Advice received from Mr Lyon was that the Baragoola Preservation

Association was in discussions with the relevant authorities for a berth for the

vessel at Cockatoo Island and for transfer of ownership.

The Heritage Council considered the recommendation which proposed the delisting

of the vessel from the State Heritage Register.

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The Council was advised that the independent structural assessments obtained by

the Heritage Branch had estimated that around 65% of the original fabric may

require replacement. The Council debated various aspects of the question of leaving

the vessel on the list, including mechanisms for exemptions appropriate to the level

of replacement work required versus de-listing. It was noted that the “Minimum

Standards of Maintenance” provisions, applicable under the Heritage Act to most

State Heritage Register items, do not apply to moveable heritage items. Members were of the view that further legal advice was needed prior to further

discussion and requested legal advice be sought on the following matters:

1) To obtain advice that the appropriate wording to recommend removal of the

item from the State Heritage Register, in keeping with the provisions of the Act

and legal rigour:

2) The impact , if any , that the commencement of the Heritage Amendment Act

2009 will have with regard to the Heritage Council’s deliberations on the

matter.

In relation to the latter, the Heritage Council sought clarification on whether they

could proceed with a decision based on the Heritage Act provisions prior to the

Heritage Amendment Act no.34, and what affect any transitional arrangements had

on their action.

Resolved:

That the Heritage Council of NSW:

1. to defer consideration of the matter to a special meeting of the

Heritage Council on 4 November 2009

5.5 Simpson Lee House I, Wahroonga – Recommendation to List

The Simpson-Lee House (I) was nominated for State Heritage Register listing by

the Royal Australian Institute of Architects as an intact mid 20th century modernist

house by Australian architect Arthur Baldwinson, an architect influential in bringing

European modernism to Australia and adapting it to local conditions. The report to

the Heritage Council noted the house has proven to be an excellent example of

Baldwinson’s work retaining the integrity of the original design and materials.

The proposed item meets at least five of the seven Heritage Council criteria for

listing on the State Heritage Register (a,b,c,e,g).

The curtilage recommended to the Heritage Council for the listing is the lot upon

which the house is situated, being Lot B DP 397638 at Wahroonga as illustrated in

the curtilage plan Annexure B of the prepared report.

Members agreed on the importance of the site and to recommend the listing to the

Minister as per the following resolution.

Resolved:

That the Heritage Council of NSW:

1. in accordance with section 33 (1)(d) of the Heritage Act, 1977

advises the Minister that the item known as “Simpson-Lee House

I” at 23 Roland Avenue, Wahroonga, is of State heritage

significance as shown in the plan at Annexure B of the prepared

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report and Annexure D of these minutes;

2. recommends to the Minister, in accordance with sections 32(1)

and (2) of the Heritage Act, that the Minister directs the listing of

the item, “Simpson-Lee House I”, on the State Heritage Register;

3. in accordance with sections 33 (1)(e) of the Heritage Act 1977,

gives notice of its decision to persons notified under section

33(1)(a); and

4. in accordance with section 57(2) of the Heritage Act, note that

the Heritage Council Standard Exemptions will apply.

5.6 Aboriginal Rock Art Site, Earlwood – Recommendation to List

This site comprises a rock outcrop, used by Aboriginal people as a shelter and

decorated with Aboriginal rock art of hand and foot stencils, and midden site in the

suburban environment of Earlwood. Canterbury Council nominated the site for

State Heritage Register listing. Four submissions were received during the public exhibition period in support of the

listing. No objections were received.

Members agreed on the importance of the site and to recommend the listing to the

Minister as per the following resolution. It was also noted that the location of the

site is not to be made public to protect the site from the possibility of vandalism

and to maintain the privacy of the owner of the site. Resolved:

That the Heritage Council of NSW:

1. in accordance with section 33 (1)(d) of the Heritage Act, 1977

advises the Minister that the item known as the “Earlwood

Aboriginal Art and Midden Site” Earlwood, is of State heritage

significance, as shown in the plan at Annexure B of the prepared

report;

2. recommends to the Minister, in accordance with sections 32(1)

and (2) of the Heritage Act, that the Minister directs the listing of

the item, the “Earlwood Aboriginal Art and Midden Site”

Earlwood, on the State Heritage Register;

3. in accordance with sections 33 (1)(e) of the Heritage Act 1977,

gives notice of its decision to persons notified under section

33(1)(a); and

4. in accordance with section 57(2) of the Heritage Act, note that

the Heritage Council Standard Exemptions will apply.

5.7 Ferguson’s Cottage, Coffs Harbour – Recommendation to List

Members considered a recommendation to list Ferguson’s Cottage, 1 Breakwater

Road Coffs Harbour, on the State Heritage Register. The site, on Crown Land, is

located within the Coffs Harbour State Park of which Coffs Harbour City Council is

the Trustee. The recommended curtilage of the listing is part Lot 21 of Deposited

Plan 850150, as described by the diagram forming annexure B of the Heritage

Council Agenda report.

The nominator for listing was the Coffs Harbour Local Aboriginal Land Council.

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The report considered by the Heritage Council advised that Ferguson's cottage is of

State historic, social and cultural significance, especially for the Coffs Harbour

Aboriginal community and for many Aboriginal people in the North coast region and

beyond, due to its association with Evelyn "Nanny" Ferguson. The Cottage is

considered to symbolise a legacy of reconciliation and the deepening of Aboriginal

European understanding that was brought about by the community work of Evelyn

"Nanny" and Andrew Ferguson during the 1950s and the 1960s.

Members were advised that the Local Aboriginal Land Council proposes to restore

the cottage for museum use.

Members agreed on the importance of the site and to recommend the listing to the

Minister as per the following resolution. Resolved:

That the Heritage Council of NSW:

1. in accordance with section 33 (1)(d) of the Heritage Act, 1977

advises the Minister that the item known as “Ferguson’s Cottage”

at 1 Breakwater Road, Coffs Harbour, is of State heritage

significance, as shown in the plan at Annexure B of the prepared

report and Annexure E of these minutes;

2. recommends to the Minister, in accordance with sections 32(1)

and (2) of the Heritage Act, that the Minister directs the listing of

the item, “Ferguson’s Cottage” at 1 Breakwater Road, Coffs

Harbour, on the State Heritage Register;

3. in accordance with sections 33 (1)(e) of the Heritage Act 1977,

gives notice of its decision to persons notified under section

33(1)(a); and

4. in accordance with section 57(2) of the Heritage Act, note that

the Heritage Council Standard Exemptions will apply.

5.8 Raby, Camden – Recommendation to List

Mr Nigel McAndrew of Development Planning Strategies, on behalf of the owners

the Dzwonnik family, provided a presentation on the proposed subdivision plans for

the property strongly supporting Option 3 in the report. Members of the Dzwonnik

family were also present during the presentation.

Members considered the three curtilage options for the State Heritage Register

listing proposal. The three options considered were:

1. To list the property boundary with the intention of reducing the curtilage

following detailed precinct planning (proposed curtilage diagram provide as

Annexure B in the agenda papers); or

2. To list the curtilage negotiated with Macquarie Bank in 2004 (drafted by

Godden Mackay Logan and based on Lehany landscape assessment. Diagram

provided as Annexure C in the agenda papers); or

3. To list the curtilage developed by the owner and their consultants

(Development Planning Strategies), based upon a Landscape Visual Analysis

by Distinctive Landscape Planning (diagram provided as Annexure E).

In discussion of the three options members agree that the presentation on basis of

option 3 had not addressed heritage issues but had centred on visual landscape

issues to and from the main house from selected locations.

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It was noted that the owners had proposed using funds derived from subdivision

and sale/development of sections of the property for restoration of the main house.

It was noted by the members that the Raby property is not in an area approved as

an urban land release area. Comment was made that in view of the lack of existing

services to support any subdivision development it is likely that any land release

and subdivision approvals may be at least 10 years into the future.

In the circumstances the Heritage Council did not consider that the curtilage

proposal of option 3 adequately provided for the heritage significance of the

property or the conservation of the main house and historic features. The members favoured the curtilage proposal of option 1 as a means of ensuring

that the Heritage Council would have an approval role in any future development

proposals for the property and that the curtilage could be reduced once precinct

planning for residential purposes is undertaken.

Accordingly the members made the resolution that the proposed curtilage for the

site should be option 1. Members also agreed on the importance of the site and to

recommend the listing to the Minister as per the following resolution.

Resolved:

That the Heritage Council of NSW:

1. endorsed the listing of Raby with the entire property boundary

being the recommended listing curtilage as described in

Annexure B of the prepared report and Annexure F of these

minutes, noting that once precinct planning has occurred the

curtilage be reviewed;

2. in accordance with section 33 (1)(d) of the Heritage Act, 1977

advises the Minister that the item known as Raby, 1025 Camden

Valley Way, Catherine Fields, is of State heritage significance, as

shown in the plan at Annexure B of the prepared report and

Annexure F of these minutes;

3. recommends to the Minister, in accordance with sections 32(1)

and (2) of the Heritage Act, that the Minister directs the listing of

the item, Raby, on the State Heritage Register;

4. in accordance with sections 33 (1)(e) of the Heritage Act 1977,

gives notice of its decision to persons notified under section

33(1)(a); and

5. in accordance with section 57(2) of the Heritage Act, note that

the Heritage Council Standard Exemptions will apply.

5.9 Wollongong Harbour Update on proposal for State Heritage Register

Listing

Mr Chris Johnson made a presentation on behalf of the Land and Property

Management Authority.

Mr Johnson advised the meeting that a concept plan for the harbour was in

preparation by the Lands Authority and that a triangular portion of land on the

harbour’s southern side had been identified as a potential site for development.

It was noted that a Conservation Management Plan has not yet been prepared for

the Wollongong Harbour at the time of the meeting.

At its meeting of 1 April 2009 the State Heritage Register Committee considered

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the draft nomination of Wollongong Harbour and determined that it was likely to be

of State Heritage Significance.

The nominated area comprises the convict-built sandstone basin harbour, Belmore

Basin and surrounding historic precinct including two historic lighthouses, Flagstaff

Hill, Brighton Lawn, Smith Hill fortifications, Osborne Park and remnants of the

historic tramline and the old courthouse and customs house.

The Wollongong Harbour Precinct was nominated for listing by the Engineers

Australia, Sydney Division Engineering Heritage Committee.

The Heritage Branch and the Land and Property Management Authority agreed a

process to progress the listing of the Wollongong Harbour Precinct that allows for

the sensitive and appropriate development of the area whilst protecting its

important heritage values. The Heritage Branch sought the Heritage Council’s

approval of this process. Resolved:

That the Heritage Council of NSW:

1. note the information provided in the report and presentation; and

2. request the Heritage Branch to continue discussions with the

Land and Property Authority with a view to progressing a

nomination of the site for State Heritage Register listing to the

November or December 2009 meetings as outlined in the report.

5.10 Brewarrina Rock Ramp Fishway – amended S60 application

Ms Samantha Davis, Senior Conservation Manager, of the Aquatic Habitat

Rehabilitation Program, Dubbo (Department of Industry & Investment) made a

presentation of the redesigned proposal to construct a Rock-ramp Fishway at the

Brewarrina Weir on the Barwon River. The presentation comprised of computer

generated drawings and plans of the revised proposal.

The matter considered was an amended section 60 proposal by the Department of

Industry and Investment for the construction of a partial width rock ramp fishway,

at the southern abutment of Brewarrina Weir, to reinstate native fish passage along

the river. The weir spans the Barwon River immediately upstream from State

Heritage Register listed Brewarrina Fish Traps.

The Brewarrina Fish traps are a complex arrangement, nearly half a kilometre in

length, of stone fish traps and walls built on a rock bar in the Barwon River by

Aboriginal people at an unknown date.

Members were also advised that the Commonwealth Government’s Department of

Environment, Water, Heritage and the Arts have no objection to the revised

proposal.

It was noted by the members that the revised design had addressed previous

Heritage Council concerns and that the proponents were to be congratulated on the

new solution.

Members agreed to the following resolution.

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Resolved:

That the Heritage Council of NSW approve the application with the

following conditions:

1. All work shall be carried out in accordance with Drawing No’s 101-

105 and 107-110 Revision A prepared by the Department of

Commerce

2. A survey of existing site conditions shall be prepared and submitted

for the approval of the Heritage Council or its delegate prior to the

commencement of work on the site. The survey, prepared by a

surveyor in conjunction with a suitably qualified archaeologist with

Indigenous archaeological experience and a local Aboriginal

community representative, shall illustrate the location of in situ fish

traps in relation to Brewarrina Weir.

3. All work shall be supervised by a suitably qualified archaeologist with

Indigenous archaeological experience and a local Aboriginal

community representative. The Excavation Director must

demonstrate in writing that they meet the endorsed Heritage Council

Excavation Director Criteria for the monitoring of a State significant

site prior to works commencing.

4. The applicant shall ensure that the Excavation Director briefs all

personnel involved in any works on site on the obligations related to

the Heritage Act 1977 and National Parks and Wildlife Act 1974.

5. Throughout the works the applicant must ensure that:

a) appropriate signage to explain the history of the site and the

works is placed at the site during the works and

b) a local public information programme is implemented including

press releases to ensure the public is informed about the project

and its outcomes.

6. The applicant shall submit details of the proposed coffer dams for the

approval of the Heritage Council or its delegate prior to the

commencement of work on the site.

7. The applicant shall submit a copy of the Construction Environmental

Management Plan for the approval of the Heritage Council or its

delegate prior to the commencement of work on the site.

8. Significant Aboriginal objects relating to the Fish Traps shall be

adequately protected from potential damage during the works. The

protection system must ensure that Aboriginal objects are not

damaged or removed in any way. A detailed work method statement

shall be submitted for the approval of the Heritage Council or its

delegate prior to the commencement of any work.

9. The applicant must ensure that should any Aboriginal objects not

previously identified be uncovered, excavation or disturbance of the

area is to stop immediately and the Department of Environment

Climate Change and Water is to be informed in accordance with

section 91 of the National Parks and Wildlife Act 1974, and the

Heritage Branch contacted immediately.

10. The applicant must provide permanent interpretative signage at

Brewarrina Fish Traps and Brewarrina Weir using material such as

historic photos within one year of completion of the rock ramp

fishway. The applicant must ensure that an outline of the on site

interpretation signage is submitted to the Heritage Council or its

delegate for approval prior to the signage being installed.

11. Should evidence of remnant Fish Traps be uncovered during the

works the Excavation Director will undertake an archival recording of

the evidence in accordance with the NSW Heritage Branch Guidelines

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“How to Prepare Archival Records of Heritage Items” and

“Photographic Recording of Heritage Items Using Film or Digital

Capture”.

12. This approval is valid for five years from the date of approval.

5.11 Land and Property Management Authority Delegations

This proposal considered by the Heritage Council was for the extension of the

delegation of the function of issuing certificates under s.167 of the Heritage Act,

1977 to the Land and Property Management Authority.

Resolved:

That the Heritage Council of NSW:

1. seek the consent of the Minister for Planning, in accordance with

section 169(3) of the Heritage Act, to delegate certain functions

under s.167 of the Heritage Act, 1977 to the Chief Executive Officer

of the Land and Property Management Authority as specified in

Annexure A of the prepared report.

5.12 Maritime Archaeology Advisory Panel – Appointment of New Member

The Maritime Archaeology Advisory Panel (MAAP) identified the need for a Technical

Diving Representative at its meeting of 7th May 2009. The Panel considered it was

critical to have input from this section of the diving community.

It was agreed that the new position would be subject to a fixed term of three years,

and that the same term would thereafter be applied to all new appointments, in

accordance with proposed amendments to the MAAP Terms of Reference.

Resolved:

That the Heritage Council of NSW:

1. appoints Mr Samir Alhafith as Technical Diving Representative to the

Maritime Archaeology Advisory Panel for a three year term

(December 2009 to January 2013);

2. agrees to the Maritime Archaeology Advisory Panel instituting a

standard three year fixed term for all new appointments; and

3. endorses the revised Maritime Archaeology Advisory Panel Terms of

Reference document.

5.13 Religious Properties Advisory Panel – Appointment of New Member

The members considered the report advising that the National Trust representative

on the Religious Property Advisory Panel, Mr Angelo Candalepas, has resigned from

this position on the Panel and the Trust has nominated Mr Graham Quint the

Advocacy Manager at the National Trust of Australia (NSW) to fill this position.

The Chair of the Religious Property Advisory Panel, Mr Hector Abrahams, was

consulted about the appointment of Mr Quint and resolved to recommend to the

Heritage Council that Mr Quint be appointed to serve on the Panel.

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The members were also advised that it is proposed that the former National Trust

representative on the Panel, Mr Angelo Candalepas, be appointed as a member of a

reference group that can be called upon by the Panel when deemed necessary. Mr

Candalepas has a strong interest and association with the Greek Orthodox

Archdiocese of Australia which will be useful to the Panel when these issues are

discussed.

The members discussed and agreed with the recommendations of the report.

Resolved:

That the Heritage Council of NSW:

1. appoints Mr Graham Quint to represent the National Trust of

Australia (NSW) on the Religious Properties Advisory Panel; and

2. appoints Mr Angelo Candalepas as a reference member of the Panel

to be called upon when issues concerning the Greek Orthodox

Archdiocese of Australia arise.

6.0 Matters for Information or Noting

6.1 Catherine Hill Bay – State Heritage Register Listing Update

Member David Logan excused himself from the meeting due to conflict of interest in

matter.

Members of the Heritage Council had requested an update on the listing of

Catherine Hill Bay on the State Heritage Register.

A nomination to list Catherine Hill Bay was received by the Heritage Council in

2005. Consideration of the nomination was deferred as a development proposal

was being considered at the time by the Department of Planning and the Minister

for Planning.

The then Minister appointed an Independent Heritage Advisory Panel (IHAP) to

review Development Applications affecting the nominated area and provide advice

on the nomination. The IHAP identified Cultural Precincts and Indicative

Development Areas within the then nominated area.

The listing of Catherine Hill Bay jetty is a matter requiring resolution in that the

steel structure has been regarded as an “icon’ of the township, however, the Mining

Rehabilitation Plan would, in the normal course events, require the jetty’s

demolition as a condition of Coal & Allied’s relinquishment of the mining tenement

of the seabed on which the jetty stands. Following its debate on the update report the Heritage Council concluded that it

required further information from the Heritage Branch on jetty, planning under the

Lower Hunter Regional Strategy and a formal recommendation for a curtilage. The

members requested a further report to be made. Resolved

That the Heritage Council of NSW:

1. notes this report; and

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2. advises the Heritage Branch that it requests a further report and curtilage recommendation to be made.

Member David Logan returned to the meeting.

7.0 Reports from Heritage Council Committees and Panels

7.1 Approvals Committee

7.2 State Heritage Register Committee – Nil Report

7.3 Aboriginal Heritage Advisory Panel – Nil Report

7.4 Archaeology Advisory Panel

7.5 Fire Access Services Advisory Panel

7.6 History Advisory Panel

7.7 Maritime Archaeology Advisory Panel

7.8 Technical Advisory Panel

7.9 Religious Property Advisory Panel – Nil Report

7.10 Heritage Grants Panel – Nil Report

Resolved:

That the Heritage Council of NSW:

1. notes the reports

8.0 General Business

Nil

There being no further items the meeting closed at 1:40 pm

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Annexure A

Agenda item: 5.1

File: H00/00167

Bungarribee, Blacktown - Amended listing boundary endorsed

Annexure B

Agenda item: 5.2

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File: H04/00396, H05/00014

Yooroonah Tank Barrier, Ebor - Listing boundary endorsed

Annexure C

Agenda item: 5.3

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File: H09/00081

The Cenotaph, Sydney - Listing boundary endorsed

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Annexure D

Agenda item: 5.5

File: H07/000105

Simpson Lee House 1, Wahroonga - Listing boundary endorsed

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Annexure E

Agenda item: 5.7

File: H04/00397

Ferguson’s Cottage, Coffs Harbour - Listing boundary endorsed

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Annexure F

Agenda item: 5.8

File: H00/00691

Raby, Camden - Listing boundary endorsed