17. Cultural Heritage

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1 17. Cultural Heritage This Chapter addresses Section 4.9 of the ToR. It describes the existing cultural heritage values that may be affected by the proposal. The social amenity and use of the proposal area and adjacent areas for fishing, recreational, tourism, industrial or educational purposes are described. Objectives and practical measures for protecting or enhancing social values are described and quantitative standards and indicators to achieve social management defined. Potential impacts on sites of cultural value are identified and objectives and practical measures for protecting or enhancing cultural heritage environmental values are described Description of Environmental Values Legislative Requirements The Aboriginal Cultural Heritage Act (2003) (the ACHA) establishes a duty of care for activities that may harm Aboriginal cultural heritage. A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the cultural heritage duty of care ). Section 23 specifies the duty of care requirements for cultural heritage. Care can include (but is not limited to) a consideration of:» the nature of the activity and the likelihood of its causing harm to Aboriginal cultural heritage;» the nature of the Aboriginal cultural heritage likely to be harmed by the activity;» the extent to which the person consulted with Aboriginal parties about the carrying out of the activity, and the results of the consultation;» whether the person carried out a study or survey, of any type, of the area affected by the activity to find out the location and extent of Aboriginal cultural heritage, and the extent of the study or survey;» whether the person searched the database and register for information about the area affected by the activity;» the extent to which the person has complied with cultural heritage duty of care guidelines; and» the nature and extent of past uses in the area affected by the activity. The ACHA defines Aboriginal cultural heritage as anything that is:» a significant Aboriginal area in Queensland;» a significant Aboriginal object; and» evidence of archaeological or historic significance of Aboriginal occupation of Queensland. 41/15762/09/ R0 Notional Seaway Project 17 1

2 The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) protects the environment, particularly matters of National Environmental Significance. It streamlines national environmental assessment and approvals process, protects Australian biodiversity and integrates management of important natural and cultural places. The EPBC Act came into force on 17 July The Commonwealth Heritage List comprises natural, Indigenous and historic heritage places on Commonwealth lands and waters or under Australian Government control, and identified by the Minister for the Environment and Heritage as having Commonwealth heritage values. The National Heritage List includes natural, historic and Indigenous places that are of outstanding national heritage value to the Australian nation. The Coastal Protection and Management Act 1995 the Act concerns management of coastal environments and makes reference to consideration of heritage issues in the State coastal plan and the preparation of regional coastal plans. A regional plan should specifically confirm that it is prepared in the policy framework of the State coastal plan and that it is a key tool in implementation of the State coastal plan based on the ten topics of significance in the State coastal plan. The following heritage issues are included in the ten topics of significance.» indigenous traditional owner cultural resources;» cultural heritage; The Commonwealth Historic Shipwrecks Act 1976, which is administered by this Department in conjunction with Delegates in each of the States and Territories, protects historic wrecks and relics in Commonwealth waters, extending from below the low water mark to the edge of the continental shelf. Each of the States and the Northern Territory has complementary legislation, which protects historic shipwrecks in State waters, such as bays, harbours and rivers. Under a declaration made under the Commonwealth Historic Shipwrecks Act, all wrecks which are more than 75 years old are protected, together with their associated relics. The Minister for the Environment and Heritage can also make a declaration to protect any historically significant wrecks or articles and relics which are less than 75 years old. The Queensland Museum administers the Queensland Historic Shipwrecks Act Activities include including response to wreck and artefact reports, enforcement, public enquiries, site inspections, community engagement and liaison. The Queensland Heritage Act 1992 (the Act) protects places of cultural heritage significance relating to Queensland s history since settlement. Protection is offered to places that have been entered on the Queensland Heritage Register, for which criteria for entry are listed in the Act. Part 7 of the Act relates to historical archaeology, historical archaeological studies, and the protection of archaeological objects and areas of cultural heritage significance. Archaeological objects or areas may be declared under the Act if they are considered of cultural heritage significance. The major role of the Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act is to preserve and protect areas and objects of significance to Aborigines and Islanders Notional Seaway Project 41/15762/09/ R0

3 The Commonwealth Native Title Act 1993, which became law on January 1, 1994, is also relevant. Amendments to the Act came into effect on 30 th September Human remains are controlled by the following legislation,» Criminal Code Act 1899 (Section 236),» Coroners Act (2003)» Aboriginal Cultural Heritage Act (2003) (if Aboriginal)» Torres Strait Islander Cultural Heritage Act (2003); and» local government by laws Approach to Characterising Values The cultural heritage values of the study area have been identified though desktop assessment involving an analysis of background literature and a database review to determine the nature of cultural heritage information for the area. This information was then used to make field predications regarding the type and likely extent of archaeological sites that may be present in the area. Database search results were used as part of this current study to identify potential significant matters that may occur in the current study area. The following registers and databases have been consulted to determine the presence of registered historical or indigenous sites within the study area. Australian Heritage Database This database contains information about more than 20,000 natural, historic and Indigenous places, which are included in the following lists:» the World Heritage List» the National Heritage List» the Commonwealth Heritage list» the Register of the National Estate Although seven sites, listed on the Register of the National Estate, are recorded in the Southport and Main Beach areas of the Gold Coast, no listed sites exist in the study area. Shipwrecks Shipwrecks are protected under the Commonwealth Historic Shipwreck Act 1976 and the Queensland Historic Shipwrecks Act The wreck of the Scottish Prince lies in the vicinity of Seaworld but beyond the surf line about 500 m east of the open beach. The vessel was a 950 tonne, three masted iron barque, built in It sailed from Glasgow to Brisbane with immigrants and was wrecked at Southport, in February Bottles have been recovered from the bow section at a depth of about 7 m. The ship was carrying a wide range of cargo including sewing machines, and cases of beer and whisky (Tweed Historical Society web page). 41/15762/09/ R0 Notional Seaway Project 17 3

4 Department of Natural Resources and Mines Records of significant sites are kept in the Aboriginal and Torres Strait Islander Cultural Heritage Database and the Aboriginal and Torres Strait Islander Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit of the Department of Natural Resources and Mines (DNRM). It is necessary to make a formal request for information from these sources. A request for a search of the site inventory was submitted to DNRM on 18 May Results of that search were received on 22 May None of the 14 Lots within the study area have recorded sites. The nearest recorded sites to the study area are a series of shell middens located in the southern portion of South Stradbroke Island. Queensland Heritage Register The Queensland Heritage Register is a list of places or buildings of cultural heritage significance in Queensland. Developed under the Queensland Heritage Act 1992, the Register recognizes the value of Queensland's cultural heritage. It gives community recognition to the value and importance of significant cultural heritage places. A search of the Environmental Protection Agency cultural heritage register for historical sites was made. No listed sites are located in the study area. Native Title Currently, there is no registered Native Title Claim that includes the study area. Indigenous History Any information regarding local traditions and stories relating to the study area must come from representatives of the Traditional Aboriginal groups from the Gold Coast area. The Kombumerri Aboriginal Corporation maintains a museum for Aboriginal people and undertakes local history studies. Other A portion of a walking trail known as Federation Walk is located along The Spit. This 4 km stretch passes immediately to the east of the study area Archaeological Background One of the earliest excavations in the Gold Coast occurred in the 1960s when Dr Laila Haglund undertook a salvage excavation of the Aboriginal burial ground at Broadbeach (Haglund 1976). It was estimated that about 150 individuals were buried at this site. Some burials at this site were older than 1,200 years. Haglund also reported burials at the Bundall Road burial site. These were found in 1968 in an excavated sandpit. The location was described as a sandy ridge in the estuarine plain. The material had already been mined for sand. Cultural material such as flaked stone and shell was found and excavation of the material suggested that a large number of burials had been located there before the dune was sand mined (EPA pers comm 1999 cited in BCA 2001). The Kombumerri people and archaeologists from the University of Queensland conducted an archaeological excavation at Hope Island. This work was on a mound of shellfish that was 17 4 Notional Seaway Project 41/15762/09/ R0

5 dated to at least 4,500 years ago (Walters et al. 1987). The site provided evidence of coastal exploitation in the region at a period when the sea had transgressed and the shoreline was close to its present level. A number of archaeological surveys for developments have been undertaken in the region. Alfredson surveyed the proposed route of the Gold Coast Railway between Beenleigh and Robina (Alfredson 1985). A total of ten artefact scatters were located between Beenleigh and Robina. One of these at Goldmine Road, Ormeau contained over 100 artefacts (Alfredson pers. comm November 2002). A low density scatter of artefacts was located north of Smith Street within the rail easement. Alfredson also recorded a small shell midden within the golf course south of Coombabah Lake. Radiocarbon dating of material from the midden yielded a date of approximately 2,500 BP. (Neal, R. EPA 1999 pers. comm.). Aird (1987) recorded over 100 sites in a range of environments in the Gold Coast Region. Many of these sites were found in the coastal zone and included a shell mound at Cascade Gardens and others at Elliott Place, Bundall and at Miami. A well was located at Benowa and burials were reported at Mermaid Beach and at Upton Street, Bundall. Shell has also been found at Hope Island and at Sanctuary Cove. Ponosov s (nd c 1964) undertook a survey of Moreton Bay islands and foreshore and conducted some survey along the foreshore of The Broadwater. His investigations on the mainland were carried out in selected areas and he cites the Hollywell, Paradise Point and the Coombabah Lake districts. Ponsonov found small scatters of shell and shell deposit along the foreshore. Bonhomme Craib & Associates prepared a cultural heritage assessment of Stage 9 and 10 of Tee Trees Estate Arundel. The study area was located approximately 1 km east of the Gaven Way Highway and 2 km south of Coombabah Lake on a low ridge overlooking the wetlands of Coombabah Creek and Coombabah Lake. Fifteen artefacts were found in the study area at seven separate locations (BCA 2000). Midden and stone artefacts have been recorded in the Pine Ridge Conservation area north of the proposed development and at Hope Island (Crosby 2002 pers comm). A variety of archaeological sites, including middens, scarred trees, artefact scatters and ceremonial grounds and burials have been recorded on the coastal strip. Movement into and out of the hinterland was relatively easy along maintained pathways that followed the creeks and the ridge tops. The ridge tops were favoured both as camping sites and for ease of travel through the terrain. Previous studies indicate that isolated stone artefacts and low density scatters occur on slopes and ridge tops History of Land Use High population densities were noted among the groups inhabiting South East Queensland before the arrival of the Europeans (see Hall 1986). People were able to exploit, within a comparatively small area, a coastal and estuarine or riverine environment, bordered by subtropical rainforest, swamps and lightly timbered country. This environmental diversity 41/15762/09/ R0 Notional Seaway Project 17 5

6 resulted in a very favourable food supply, which was plentiful, varied and dependable (Sullivan 1977:104). In the 1870s the Southport District was well populated. Bundall was a gathering place for all the Ngaraangbal people and those of northern New South Wales. Great corroborees were held there and traces of the camps and bora rings survived into the 20 th century (Steele 1984:62). Several Bora rings have been recorded at Gilston, Bundall, Nerang and Currumbin on the Gold Coast. Corroborees were still being held at Bundall, Mudgeeraba and Burleigh Heads in the 1870s. The Southport area is associated with the legend of Gowonda, who was a hero of the Nerang Valley people. He was a great hunter and a trainer of hunting dogs. When he left his people he turned into a porpoise with a white fin and taught his people how to drive fish and catch them in nets. Steele suggests that the place name Coombabah meant home of turtles or a pocket of land (Steele 1984:63). In 1887 the lake was called Oyster Lake, probably referring to abundant food resources there. The coastal strip contained numerous sites such as shell middens along the coast, the estuaries and around inland lakes. Stone scatters were common on raised areas above the wetlands and along the hinterland ridges. Burials occurred in the sand dunes of the prograding beach dune system which made up the coastal plain. Past land use has had a profound affect on the survival of many sites. Most of the documented archaeology of Stradbroke Island comes from the north island although in its original form Stradbroke Island in its full extent was utilised by the local inhabitants. Aboriginal people have occupied Stradbroke Island and the some of the Bay Islands from at least the last 6,000 years. The south island was separated from the north island in 1898 when a break was created at Jumpinpin after a storm. On the southern end of Stradbroke Island, extended stays would have coincided with the peak or seasonal abundance of a favoured food such as oysters and fish. The pastoral occupation of the upper Albert and Logan Rivers, which had started in 1842, gradually affected the land along the coast north of the Tweed River. The region was opened for free settlement in 1842 and about this time, Beau Desert Station was established. In August 1852, Runs 5 and 6 were transferred to William Duckett White of Beau Desert Station. White also held the Tubber, Pimpama and Coombabah runs (White 1990). As early as 1847, cotton was promoted as Queensland's staple crop. In 1862, the Manchester Queensland Cotton Company took up 1,280 acres on the Nerang River. A labour shortage became a problem for the struggling industry. By 1868 cotton failed and disappeared from the district. The main legacy of the cotton industry was that it left behind large areas of cleared land which was ready for ploughing (Jones 1988:63). The Robertson Land Act 1861 allowed grants of up to 1,280 acres and the passing of the Crown Lands Alienation Act 1868 provided for extensive resumption of leased runs and opened up a large part of South East Queensland for selection. William Duckett White applied for pre emptive purchase rights for 200 acres of "Murry Jerry". He also acquired a 17 6 Notional Seaway Project 41/15762/09/ R0

7 homestead block east of Coombabah Creek" (Longhurst nd). The remnants of White's leasehold land were the town sites for Southport and Nerang (Jones 1988:50). Major grants for sugar plantations were given near Nerang. The large estates of Benowa and Bundall plantation formed self contained townships. Demand for sugar was growing and by 1883 sugar was a booming industry. Sugar allowed the introduction of the plantation system and the use of Kanaka labour. Indentured labourers of Islander descent were called Kanakas. In 1881, there were 454 Polynesians living in the Logan census area and they formed a major part of the adult labour force. The influx of immigrant farmers requiring land meant that 1894, the farming structure of the region was clearly dominated by small farms subsisting on arrowroot growing, dairy farming or market gardening (Jones 1988). As the region developed new infrastructure was required to improve communication with Brisbane. From 1859 to 1868, the government built roads from Brisbane to Logan and Pimpama and roads were extended through Coomera to Nerang Creek Road. In 1869 stagecoaches services started along the Main Southern Road. By 1878, Cobb and Co were operating a daily service between Brisbane and Beenleigh and three times a week to Nerang. The southern railway had a branch line from Ernest Junction to Nerang (Australian Railway Historical Society 1996). The four mile line to Southport branched at Southport Junction and was opened in It was renamed Ernest Junction in From the time the railway began the region prospered. Farming, residential, tourist and business developments along with supporting facilities and roadways have all had an impact upon the region. In summary, few places within the area have been unaffected by European activities of some kind. The Southport area has seen variable development since settlement. In particular tourist development after 1970 has increased development on the coastal strip and has resulted in a dramatic change to the land close to the foreshore. Queensland has a long history of seaside resorts. In the 1860s Sandgate and to a lesser extent Cleveland were popular destinations for beach goers. With the introduction of the railway 1882 Sandgate s beaches became more accessible and Southport developed as an alternate coastal resort. By the 1880s Brisbane families favoured Southport as the premier seaside resort in south east Queensland. Schools, banks and hotels were constructed, as Southport assumed the appearance of a fashionable nineteenth century resort. A rail extension from Beenleigh to Southport was opened in 1889 making Southport more accessible from Brisbane. During the thirties various councils of the coastal regions of south east Queensland such as Southport and Coolangatta Town Councils and Nerang Shire Council on the south coast as well as Redcliffe and north coast councils, competed for holiday visitors. Chambers of Commerce and Progress Committees urged the councils to develop and beautify foreshore areas, in an attempt to attract visitors. Southport gradually lost its prestige as the premier resort of the South Coast when the Jubilee Bridge across the Nerang River was built in 1925 and new roads and improved transport made the southern beaches more accessible. In the 1930s and 1940s development of holiday apartments and hotels at Surfers Paradise increased the area s popularity, as did wide scale promotion of the area. The surfing revolution of the 1950s and 41/15762/09/ R0 Notional Seaway Project 17 7

8 1960s resulted in rapid development of the coast. From the mid 1960s the region has experienced rapid commercial growth which has greatly altered the environment. Stradbroke Island has also seen considerable landscape change mainly through erosion and deposition as a result of the breakthrough at Jumpinpin in Early settlement was by cattlemen, oystermen, fishermen and farmers. However, none of these industries flourished so settlement was only intermittent. Cattle were swum across from Southport to Moondarewa and stock yards were built on both sides. The Moreton Bay Oyster Company was established in Oysters were plentiful before the 1898 breakthrough and were burned to make lime for cement. The company had been the largest employer of Aboriginal people locally. The Levinge family bought the leases when the company folded and continued farming the leases at least into the 1980s. Currigee was once a thriving village. In 1920 the land at Couran was subdivided for farming purposes. Farmers took their produce to Southport. Fishing was concentrated around the south of the island. The breakthrough at Jumpinpin in 1898 had a considerable effect on the Broadwater and Moreton Bay. Sandbanks and foreshore sediment changed, the oyster beds were damaged and the industry began to fail and the Broadwater became more protected causing sand to build up. Small sand islands were regularly created and destroyed in the Broadwater. As a result of this erosion of the South Stradbroke Island, especially Moondarewa Point was accelerated. After the breakthrough tidal action eroded sand from the southern tip of South Stradbroke resulting eventually in the surveyed township site of Moondarewa disappearing entirely by the 1940s. The southern extremity of the island that was once opposite Nerang Street, Southport is now opposite Biggera Waters. Sand washed from Stradbroke has built up on the Southport Spit as the bar moves progressively northward. Traditional Uses of The Spit The Broadwater is a portion of the traditional land of the local people inhabiting the area. Traditionally they comprehensively used the resources of the beaches, estuaries and the Broadwater. They observed change in the coastal environment over hundreds and probably thousands of years; they experienced the break through at Jumpinpin and saw the new configuration of Stradbroke Island and adapted to those changes. Change was explained and documented through oral histories and dreaming stories. The late 1800s changes to The Spit area are part of the continuous history of the landscape traditional people inhabited. The changes would not have been ignored as they would have affected the abundance and scheduling and type of coastal resources. The developing ocean and Broadwater foreshore created as The Spit progressed north would have been exploited during the 19 th century. After the breakthrough at Jumpinpin and later the development of The Spit the area changed from a relatively open ocean environment to a sheltered shallow water environment. Use of resources continued after contact and gradually took on the form of involvement in commercial activities such as oyster farming where Aboriginal people were involved in gathering a traditional resource in a new way Notional Seaway Project 41/15762/09/ R0

9 17.2 Potential Impacts The proposed development will occur on a landform that has been recently created. The northern tip of The Spit is largely a constructed feature deriving from excavation of the channel for the Seaway undertaken in The proposed activities are unlikely to harm any physical aspects of Aboriginal heritage. As stated in the Duty of Care guidelines Where an activity is proposed in a Developed Area it is generally unlikely that the activity will harm Aboriginal cultural heritage and the activity will comply with the duty of care guidelines (Section 5.1). In these circumstances subject to the measures set out in paragraphs it is reasonable and practicable that the activity proceeds without further cultural heritage assessment (Section 5.2).» The wider region is known to contain recorded Aboriginal sites.» No Native Title Claims are registered for the development area; but there are Aboriginal Parties.» The proposed development directly impacts areas that have experienced considerable landform change and disturbance in the last 40 years.» The area to be impacted dates from construction of Gold Coast Seaway in 1986 and most of the landfill was derived from dredging of the new channel.» The area has been mined for heavy metals.» The Broadwater, Stradbroke Island and the foreshores were an important resource area for Aboriginal people» Adaptation to European occupation saw Aboriginal people seeking employment in the oyster farming industry which enabled them to remain in their country and to employ traditional knowledge to exploit a Traditional resource.» The evidence from the literature review indicates that the Broadwater has Traditional and historical significance for Aboriginal people and this significance should be fully documented through consultation with the relevant Aboriginal parties.» No known indigenous or historical sites are recorded within the proposed impact area. 41/15762/09/ R0 Notional Seaway Project 17 9

10 17.3 Recommended Management Mitigation Measures The following recommendations are based on the results of the background study and reconnaissance assessment and consideration of the Duty of Care guidelines.» No further archaeological assessment is required on The Spit.» As a reasonable implementation of duty of care the Aboriginal Party or Parties should be contacted regarding the project and asked to comment on the Aboriginal significance of the area and to determine any other cultural heritage issues they may have regarding the project.» A Cultural Heritage Management Plan will be developed and agreed between the Aboriginal Party or Parties and the proponent to manage any cultural heritage issues that may arise during construction. A Draft Cultural Heritage Management Plan is included as Appendix O Notional Seaway Project 41/15762/09/ R0