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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.
Minutes of the Meeting of 7th October 2009
Page 2 of 21
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
Minutes of the Meeting of 7th October 2009
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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
Minutes of the Meeting of 7th October 2009
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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:
Minutes of the Meeting of 7th October 2009
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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.
Minutes of the Meeting of 7th October 2009
Page 6 of 21
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.
Minutes of the Meeting of 7th October 2009
Page 7 of 21
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
Minutes of the Meeting of 7th October 2009
Page 8 of 21
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.
Minutes of the Meeting of 7th October 2009
Page 9 of 21
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.
Minutes of the Meeting of 7th October 2009
Page 10 of 21
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
Minutes of the Meeting of 7th October 2009
Page 11 of 21
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.
Minutes of the Meeting of 7th October 2009
Page 12 of 21
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
Minutes of the Meeting of 7th October 2009
Page 13 of 21
“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.
Minutes of the Meeting of 7th October 2009
Page 14 of 21
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
Minutes of the Meeting of 7th October 2009
Page 15 of 21
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
Page 16 of 21
Annexure A
Agenda item: 5.1
File: H00/00167
Bungarribee, Blacktown - Amended listing boundary endorsed
Annexure B
Agenda item: 5.2
Minutes of the Meeting of 7th October 2009
Page 17 of 21
File: H04/00396, H05/00014
Yooroonah Tank Barrier, Ebor - Listing boundary endorsed
Annexure C
Agenda item: 5.3
Minutes of the Meeting of 7th October 2009
Page 18 of 21
File: H09/00081
The Cenotaph, Sydney - Listing boundary endorsed
Minutes of the Meeting of 7th October 2009
Page 19 of 21
Annexure D
Agenda item: 5.5
File: H07/000105
Simpson Lee House 1, Wahroonga - Listing boundary endorsed
Minutes of the Meeting of 7th October 2009
Page 20 of 21
Annexure E
Agenda item: 5.7
File: H04/00397
Ferguson’s Cottage, Coffs Harbour - Listing boundary endorsed
Minutes of the Meeting of 7th October 2009
Page 21 of 21
Annexure F
Agenda item: 5.8
File: H00/00691
Raby, Camden - Listing boundary endorsed