Preliminary Aboriginal Cultural Heritage Assessment of Kioloa Beach Holiday Park 635 Murramarang Road Kioloa, NSW

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Preliminary Aboriginal Cultural Heritage Assessment of Kioloa Beach Holiday Park 635 Murramarang Road Kioloa, NSW July 2007 Prepared for Kioloa Beach Holiday Park Kayandel Archaeological Services Suite 6, 72-80 Argyle Street Picton NSW 2571 02 4677 0446 02 4677 0454 info@kayandel.com.au

EXECUTIVE SUMMARY Kayandel Archaeological Services (KAS) has been commissioned by Cowman Stoddart Pty Ltd to undertake an Aboriginal cultural heritage assessment and, if necessary undertake targeted archaeological excavation for proposed legitimisation of an existing 23 short term and 93 camp sites within the Kioloa Beach Holiday Park. The project, because of its proximity to the coast, falls under Part 3A of the Environment Planning & Assessment Act 1979 (EP&A Act). The study area is located between the townships of Bawley Point and Durras on the New South Wales south coast (Figure 1). The study area has been the subject of a proposal under Part 3A of the EP&A Act and seeks approval for the legitimisation of an existing 23 short term caravan and 93 tent sites. The Director-General of Planning has directed that an Aboriginal archaeological assessment of the site is undertaken prior to subsequent impacts. These sites already exist within the footprint of the caravan park: no new impacts are planned for this process (Figure 3). In addition, a new sewerage treatment tank is proposed under the application (Figure 3). Impact will include subsoil disturbance in an area approximately 5 m 2 and up to a metre in depth (Plate 1). This will include trenching to connect the tank to the existing pipes. A 1m wide easement excavated to depth of 1m is planned to access existing sewerage pipes. The proposal also makes provision for a beach or foreshore management plan which details measures to rehabilitate degraded areas within the foreshore reserve adjacent to the Kioloa Beach Holiday Park. Three transects were walked across the study area (Figure 4). These covered the crest of the coastal dune (Plate 5), the recently eroded foreshore (Plate 7) and flat sections west of the dune (Plate 9). No Aboriginal sites were identified during the course of the survey (Figure 4). Additionally, DECC Aboriginal sites #58-4-0815 and 58-4-0816 could not be relocated on the foreshore or dune despite conditions creating a natural profile of the area (Plates 6 and 7). It is recommended that: 1. There is no existing Aboriginal heritage constraints to the current Development Application proposed for Kioloa Beach Caravan Park. 2. There is an Aboriginal site located immediately east of the caravan park boundary which needs to be managed prior to any future revegetation programs. Although outside the Caravan Park boundaries it is the subject of future stabilisation works that are the responsibility of the Caravan Park owners and will involve subsurface impacts. 3. It is recommended that prior to revegetation programs commencing, the registered Aboriginal stakeholders are given the opportunity to comment and/or monitor the works. 4. In the event of Aboriginal sites being identified, further investigation to determine the nature, extent and integrity of such sites should be carried out prior to the commencement of any site works. i

CONTENTS EXECUTIVE SUMMARY...I CONTENTS...II 1. INTRODUCTION...1 1.1. PROPOSED WORKS...2 1.2. THE CONSULTANCY BRIEF...2 2. ABORIGINAL PARTICIPATION...3 2.1. ABORIGINAL CONSULTATION...3 3. ENVIRONMENTAL CONTEXT...5 3.1. BACKGROUND...5 3.2. CLIMATE...5 3.3. TOPOGRAPHY...5 3.4. GEOLOGY...5 3.5. GEOMORPHOLOGY...6 3.6. SOILS...6 3.7. VEGETATION...7 3.8. FAUNA...7 3.9. EXISTING CONDITION OF THE STUDY AREA...7 4. ARCHAEOLOGICAL CONTEXT...11 4.1. ETHNO-HISTORIC CONTEXT...11 4.2. REGIONAL CONTEXT...11 4.3. MODELLING ABORIGINAL OCCUPATION OF THE NEW SOUTH WALES SOUTH COAST...12 4.4. PREVIOUS INVESTIGATIONS...13 4.5. SITE TYPE PREDICTIONS...15 5. FIELDWORK...17 5.1. METHODOLOGY...17 ii

5.2. RESULTS...17 5.3. DISCUSSION...20 6. PRINCIPAL FINDINGS AND CONCLUSIONS...21 6.1. ASSESSMENT OF ARCHAEOLOGICAL POTENTIAL...21 7. RECOMMENDATIONS...22 8. REFERENCES...24 9. PLATES...26 10. STATUTORY INFORMATION...38 10.1. FEDERAL LEGISLATION...38 10.1.1. Environment Protection and Biodiversity Conservation Act 1999... 38 10.1.2. Aboriginal and Torres Strait Island Heritage Protection Act 1984... 39 10.1.3. Native Title Act 1993... 39 10.2. STATE LEGISLATION...39 10.2.1. 2.2.1 National Parks & Wildlife Act 1974... 39 10.2.2. 2.2.2 Environmental Planning & Assessment Act 1979... 41 10.3. THE BURRA CHARTER...41 APPENDIX A: STAKEHOLDER CORRESPONDANCE...42 Figures Figure 1: Map showing Kioloa township and beach. The study area is the caravan park shown to the west of the southern portion of Kioloa Beach...1 Figure 2: Geology of the Murramarang Area (Friends of Durras)...9 Figure 3: Soils Map for the Murramarang Area (Friends of Durras)... 10 Figure 4 Schematic Sketch of Salient Survey Features... 19 Tables Table 1: List of Aboriginal community groups invited to participate as stakeholders...4 Table 2: Table of Mapping Inaccuracies... 14 Table 3: Results of AHIMS search showing previously identified sites within a 2 km radius of the study area... 15 iii

1. INTRODUCTION Kayandel Archaeological Services (KAS) has been commissioned by Cowman Stoddart Pty Ltd to undertake an Aboriginal cultural heritage assessment and, if necessary undertake targeted archaeological excavation for proposed legitimisation of an existing 23 short term and 93 camp sites within the Kioloa Beach Holiday Park. The project, because of its proximity to the coast, falls under Part 3A of the Environment Planning & Assessment Act 1979 (EP&A Act). The study area is located between the townships of Bawley Point and Durras on the New South Wales south coast (Figure 1). Figure 1: Map showing Kioloa township and beach. The study area is the caravan park shown to the west of the southern portion of Kioloa Beach. This report presents a review of known Aboriginal archaeological sites within a 3 km radius of the study area and provides an assessment of the potential for unidentified Aboriginal sites to be present over the study area. Proposed works (Section 1.1) are also assessed for their potential to impact Aboriginal archaeological sites. The study area consists of 8.2 Ha. parcel of land contained in Certificate of Title 128/40869 situated between Murramarang Road on the west and Kioloa Beach to the west. Portions of the study area are currently being utilized as part of the tourist park (see figures 1 and 2) 1

1.1. PROPOSED WORKS Preliminary Indigenous Heritage Assessment Kioloa Beach Holiday Park The study area has been the subject of a proposal under Part 3A of the EP&A Act and seeks approval for the legitimisation of an existing 23 short term caravan and 93 tent sites. The Director-General of Planning has directed that an Aboriginal archaeological assessment of the site is undertaken prior to subsequent impacts. These sites already exist within the footprint of the caravan park: no new impacts are planned for this process (Figure 3). In addition, a new sewerage treatment tank is proposed under the application (Figure 3). Impact will include subsoil disturbance in an area approximately 5 m 2 and up to a metre in depth (Plate 1). This will include trenching to connect the tank to the existing pipes. A 1m wide easement excavated to depth of 1m is planned to access existing sewerage pipes. The proposal also makes provision for a beach or foreshore management plan which details measures to rehabilitate degraded areas within the foreshore reserve adjacent to the Kioloa Beach Holiday Park. 1.2. THE CONSULTANCY BRIEF The consultant was required to assess whether the proposed works would affect Aboriginal sites. As part of this process it is essential that the consultant: Reference the Department of Environment and Climate Control (DECC) (formerly Department of Environment and Conservation) Aboriginal Heritage Information Management System (AHIMS), and consult reports and relevant literature in relation to listed Aboriginal archaeological sites located in and around Kioloa on the south coast of NSW; Plotting of known Aboriginal sites as identified by the AHIMS search onto the Kioloa (8926-1-N) 1:25,000 Fourth Edition Topographic Map. Assess the potential for Aboriginal sites to occur within the study area; and Assess the potential for the proposed works to affect Aboriginal sites; and Provide recommendations for further works where appropriate; and Prepare a report in accordance with DECC guidelines. 2

2. ABORIGINAL PARTICIPATION Preliminary Indigenous Heritage Assessment Kioloa Beach Holiday Park The Department of the Environment and Climate Change (DECC) (formerly Department of Environment & Conservation (DEC)) has adopted the following heritage management principles (NPWS 1997:8-10): DECC recognises that Aboriginal culture is living and unique and recognises the right of Aboriginal people to protect, preserve and promote their culture; DECC recognises that Aboriginal people are the rightful cultural owners of Aboriginal cultural heritage information and Aboriginal sites and objects; DECC encourages Aboriginal participation in assessment and salvage work, and supports direct negotiation between Aboriginal communities and developers; and DECC encourages Aboriginal communities to carry out their own assessments, including oral history and anthropology. These management principles are embodied in DECC s Interim Community Consultation Requirements for Applicants, which must be adhered to by all applicants seeking approval under Part 6 of the National Parks & Wildlife Act 1974. As the proposed works are regulated by Part 3A of the Environmental Planning & Assessment Act 1979, it is not required to conform to DECC s Interim Community Consultation Requirements for Applicants. However, in the interests of best practice, KAS has elected to conduct its community consultation pursuant to the DECC guidelines. The study area is located within the boundaries of the Batemans Bay Local Aboriginal Land Council (BBLALC). A copy of this Preliminary Aboriginal Cultural Heritage Assessment should therefore be provided to the Batemans Bay Local Aboriginal Land Council and any other Aboriginal community group identified in consultation with BBLALC. 2.1. ABORIGINAL CONSULTATION On 5 June 2007 KAS wrote to DECC requesting details of known Aboriginal groups in the Kioloa area. DECC replied by letter of 14 June 2007, attaching a list of seven known Aboriginal community groups with a possible interest in the study area. On 18 June 2007 a letter was sent to the groups shown in Table 1, inviting them to register as stakeholders in the study. As of 27 June 2007, only one stakeholder registered to participate (Mr Lionel Mongta) (Appendix A). Further, on 8 June 2007 KAS placed an advertisement in the following publications inviting any interested Aboriginal groups and/or individuals to register as stakeholders in the study: 3

Bay Post; and South Coast Register. Further, on 5 June 2007 a search request was lodged with the Native Titles Tribunal for any registered Native Title claimants or traditional owners. The search showed no native title claimants for the study area. COMMUNITY GROUP Ngunnawal Elders Corporation Batemans Bay Local Aboriginal Land Council Batemans Bay Aboriginal Corporation Jerrinja Consultants Pty Ltd Yuin Traditional Owner Merrimans Local Aboriginal Land Council South East Coast Gadu Elders Aboriginal Corporation REPRESENTATIVE Arnold Williams None given None given Graham Connolly Lionel P Mongta None given None given Table 1: List of Aboriginal community groups invited to participate as stakeholders 4

3. ENVIRONMENTAL CONTEXT 3.1. BACKGROUND Preliminary Indigenous Heritage Assessment Kioloa Beach Holiday Park The natural environment of an area influences not only the availability of local resources, such as food and raw materials for artefacts, but also determines the likely presence and/or absence of various archaeological site types which may be encountered during field investigation. Resource distribution and availability (such as the presence of drinking water, plant and animal foods, raw materials of stone, wood and vegetable fibre used for tool production and maintenance) is strongly influenced by the nature of soils, the composition of vegetation cover and the climactic characteristics of a given region. The location of different site-types (such as rock-shelters, middens, open camp-sites, axe grinding grooves, engravings etc) are strongly influenced by factors such as these, along with a range of other associated features which are specific to different land systems and bedrock geologies. Detailing the environmental context of a study region is an integral procedure that is necessary for modelling potential past Aboriginal land-use practices and/or predicting site distribution patterns within any given landscape. The information that is outlined below is considered to be pertinent to the assessment of site potential and site visibility within the specific contexts of the current study. 3.2. CLIMATE The climate of the area can be classified as mesothermal with long, mild summers. The annual rainfall for the area is approximately 1,000 mm. Rainfall is fairly uniform throughout the year, with mean summer rainfall slightly higher than mean winter rainfall. Temperatures tend to be moderate varying between a mean maximum in the hottest month (February) of about 24 o C, and a mean minimum in the coldest month (July) of about 6 o C. Winter frosts are not known to occur in the area with any regularity. Very hot days, with temperatures over 38 o C, are experienced on average once per year. The prevalent winds in the summer months come from the north-east to south-east and are light to moderate and westerly winds prevail in the winter months (Forestry Commission of NSW, 1983). 3.3. TOPOGRAPHY The township of Kioloa is situated on the coastal lowlands between the Murramarang Range and the Tasman Sea. The coastal lowlands consist of rolling and undulating country with restricted plains. The dominant scenic feature is the cliffed coast with minor sandy bays. Estuarine lake systems are present with the coastal lowlands. The study area is associated with one: Butlers Creek and lagoon to the north. 3.4. GEOLOGY The region surrounding Kioloa forms part of the Lachlan Fold Belt which is a complex area of Paleozoic rocks extending northwards from Victoria through south-eastern NSW (see Figure 5). These strata have been folded several times in the Paleozoic period. Relatively uniform Permian sediments (280-230 mya) of the Sydney Basin overlie the Paleozoic rocks in approximately one third of the area. These have produced sandy beaches, wave-cut platforms, regular cliffs, headlands and offshore islands. 5

Mesozoic essexite (a variety of dolerite) intrusions invade the Permian formation from approximately Nuggan Point to Wasp Head. These add to the geological complexity of the coastal formations and their suitability for education and research. The area s Quaternary deposits (2.6 Million Years Ago [mya] to present) are located along the coast and around the lagoons. These contain deposits of quartz and shelled beach sand, estuarine sediments and rich organic deposits in swamps. 3.5. GEOMORPHOLOGY Coastal embayments such as Kioloa Beach were formed as a result of barrier formation. Kioloa Beach consists of sandy beaches with characteristic dune formations (Plate 2) that impede drainage of coastal creeks. This creates backswamps, estuaries and lagoons. Swan s Lagoon immediately nort of the caravan park is one local example. The caravan park site itself is separated from the beach by a coastal dune - the barrier between it and the ocean - it has a distinct lower bench and upper crest facing the ocean to the east. The landward side of the dune slopes down onto the relatively flat topography of the caravan park (Plate 3) approximately 5m AHD. The area of the caravan park and the 10m contour to the west of Murramarang Road mark the extent of the coastal strip in this area. West of this the area the land rises to the North West. Current models of coastal barrier formation (Thom et al 1992; Roy 1980) indicate that they are sensitive to sea level adjustments, stabilising at or near mean sea level. Dune formation has also been linked to climatic variations, a drop in sea temperature after 3,000 years and disruption of protective vegetation cover (Young et al 1992). Both models also acknowledge secondary factors that influence coastal geomorphology: catastrophic events such as tsunami s (ibid) or episodic storminess (Thom et al, 1992; Roy 1980). 3.6. SOILS The area s Quaternary deposits (2.6 Million Years Ago [mya] to present) are located along the coast and around the lagoons. These contain deposits of quartz and shelled beach sand, estuarine sediments and rich organic deposits in swamps. Soil distribution in the area is controlled mainly by the nature of the underlying rock and the spread of weathering and erosion products across the slope profile. The major soil groups of the area are massive earths, brown and grey-brown earths, alluvial soils and uniform sandy soils. The greater part of the area consists of brown and grey-brown soils and massive earths. Those that are derived from the Ordovician and Permian sediments generally have good drainage characteristics. The brown soils derived from the Tertiary Basalt on Durras Mountain are very fertile and support richer and more varied vegetation on the drainage and erosion paths from this cap. The soils of the Kioloa area are described as belonging to the Permian sediments consisting of massive earths and brown soils: Massive earths: These soils have gradational textures profiles in which the clay content increases gradually from sandy loam/clay at the surface to light or medium clay 6

sub-soils. They are massif soils with an earthy porous fabric and are medium to strongly acidic; and Brown and Grey-brown Soils: This group of soils has mainly gradational textured profiles in which the clay content gradually increases with depth from a loamy surface horizon to a clay subsoil. Structure is present either throughout the whole profile or in the subsoil. 3.7. VEGETATION Aerial photographs of the area from 1998 ((Land Information Centre 2000) were examined and show that the study area is sparsely vegetated when compared to surrounding areas of known undisturbed vegetation. Adjacent areas to the tourist park have been identified as containing the following floral species: Coastal wattle Acacia sophora Casuarina glauca, Pig face Carpobrotus glaucescens, Coast beard heath Leucopogon parviflorus, Coast banksias Banksia integrifolia and Spinifex hirsutus. 3.8. FAUNA Eastern grey kangaroos Macropus giganteus and the echidna Tachyglossus aculeatus are frequently viewed within bushland areas surrounding the study area. Sea birds are found on the rocky shores and beaches. The red-capped plover Charadrius fuficapillus has been recorded nesting in the dune area of Murramarang Beach to the north. Common species of terrestrial birds recorded in the area include the red wattle bird Anthochaera carunculata, eastern whipbird Psophodes olivaceus, New Holland honeyeater Phylidonyrus novaehollandiae, superb blue wren Malurus cyaneus, Richards pipit Anthus novaeseelandiae, welcome swallow Hirundo neoxena and Australian kestrel Falco cenchroides. 3.9. EXISTING CONDITION OF THE STUDY AREA The study area consists of that parcel of land located immediately to the west of the Kioloa Beach foreshore area (see figure 2). Murramarang Road forms the western boundary. Kioloa Beach is approximately 1.344km length, with a south eastern aspect. The beach is broken into a northern and southern portion, separated by a point known as Butlers Point. The 7

study area is situated to the west of the southern portion of Kioloa Beach. Portions of the study area are currently being utilised for the tourist park operations. The existing sites associated with this proposal will impact upon environments that have been variously effected by existing tourist park primary and secondary development affects. The study area consists of that parcel of land located immediately to the west of the Kioloa Beach foreshore area (see figure 2). Murramarang Road forms the western boundary. The current use of the location as a caravan park dates back at least 25 years, prior to which the general area was used as an intermittent camp site for recreational purposes (pers.com. Tony Van Bergen. 28/06/07). The previous owners of the caravan park built the infrastructure on which the park still depends. This included: Development of the caravan park into short term cabin and tent sites; Establishing infrastructure, such as bitumen roads and unformed tracks, drainage, sewerage, water and electricity, the construction of two dams, fencing and formal garden beds; and Construction of amenities: showers, toilets, swimming pool, picnic areas, parking and barbeques. The sewerage is treated in tanks located in the south eastern corner of the caravan park next to Dam 2. The previous owners of the caravan park established a sewerage system that was built into the coastal dune that separates the caravan park from Kioloa Beach (pers.com. Tony Van Bergen. 28/06/07;). Evidence for buried sewerage tanks (Plate 4) and trenching (Plate 5) is clearly visible on the dune. The dune crest and its western slope south of Butlers Point were disturbed by construction of the earlier sewerage system. The current owners have established a revegetation program to control erosion on the dune. These measures include a series of wooden boardwalks and steps running over and down the dune on to the beach itself. However, natural coastal erosion and reworking of the dune and beach area is common, as evidenced by the erosion evident after the king tide of June 28th 2007 (Plate 6). The proposal includes a Beach or Foreshore Management Plan which details measures to rehabilitate degraded areas along the foreshore reserve adjacent to the Kioloa Beach Holiday Park. Surface conditions include grassed areas, bitumen roads, paved pedestrian sections and garden beds. Some ground exposures are evident around tent sites. Subsurface disturbance has been fairly consistent across the caravan park: this includes trenching. The beach and dune are also subject to erosion and reworking of sediments as a result of extreme weather and/or tides. 8

Figure 2: Geology of the Murramarang Area (Friends of Durras) 9

Figure 3: Soils Map for the Murramarang Area (Friends of Durras) 10

4. ARCHAEOLOGICAL CONTEXT 4.1. ETHNO-HISTORIC CONTEXT Preliminary Indigenous Heritage Assessment Kioloa Beach Holiday Park Kioloa is situated near the boundary of the Wandandian and Walbanga tribes of the Dhurga language group (Tindale 1974). The area would have been a rich source of food including fish, shellfish, sea birds and land animals. Adjacent Brush Island would also have provided seabirds and other resources. Aboriginal occupation and utilisation of the area appears to have first occurred approximately 12,000 years Before Present (BP). At this time the coast line would have been a number of kilometres to the east of its present day location. The intensity of occupation over the general area shows a marked increase approximately 3,500 years BP. This coincides with the change in sea level to its current elevation. Areas directly to the north of the study area have been intensively studied and contain large coastal shell middens with high densities of lithic artefacts. The typologies of the lithic artefacts present within these sites are from a number of different phases and are indicative of a long occupation of the area. Aboriginal sites near the Kioloa area also show evidence of being employed as trading and meeting places and human burials are also common. The predominate raw material type for stone artefacts within the sites has been sourced from Bannisters Point at Mollymook to the north. In addition, the remains of approximately five individuals have been recovered from the area. Batemans Bay Local Aboriginal Land Council has also reburied a skeleton from the area, which had been held in the Tabourie Museum. Analysis of the bone and shell material from the Aboriginal sites in the immediate vicinity indicates that a wide variety of food sources were being utilised by the indigenous inhabitants of the area. Sixteen species of mollusc from three habitat types have been identified in the middens. Littoral and sub littoral species, open beach and shallow bay species and estuarine species. Investigations by Webb in 1981 identified the remains of six fish species (blue groper, leatherjacket, snapper, bream, silver dory and John dory), three sea bird species (pied cormorant, short-tailed shearwater and little penguin), at least two species of land birds (eagle and a small bird), six species of land mammals (long-nosed bandicoot, brush-tailed possum, swamp wallaby, red-necked wallaby, grey kangaroo and rat) and three species of sea mammal (whale, seal and dolphin). The Kioloa Beach area also has considerable history of European land use which includes Aboriginal contact history. Captain James Cook made his first sighting of the native inhabitants of Australia at Murramarang on the 22nd April, 1770. He attempted to find shelter at Brush Island, but found the sea too rough. The first white settlers arrived in the late 1820 s and introduced cattle. In 1830 after a series of cattle spearings, an early settler, Mr Morris, applied to the government to shoot the Aboriginal ringleaders. A party sent to investigate found the coastal tribes friendly and recommended against this action. Despite this, four Aboriginal people were shot and killed on the headland by white settlers (Hamon, 1994). 4.2. REGIONAL CONTEXT The Sydney region has been inhabited by Aboriginal people for at least 20,000 years, and possibly longer (see Nanson et al 1987). Archaeological sites from the Blue Mountains and 11

Hawkesbury/Nepean River System have provided the earliest evidence of occupation within the region. Stockton and Holland (1974) produced a radiocarbon date of c.22,000 years BP from a site at Kings Tableland in the Blue Mountains. Excavation of the Greaves Creek rock shelter site of Walls Cave near Medlow Bath has produced a date of c.12,000 years BP (ibid). At Shaws Creek KII, a rock shelter on the west bank of the Nepean north of Penrith, a date of c.13,000 BP is recorded (Kohen et al 1984). Sites on the south coast of New South Wales, such as Burrill Lake (c.20,000 years BP) and Bass Point (c.17,000 years BP), provide complimentary dates (Lampert 1971; Bowdler 1970). At the time of these periods of occupation, both sites would have been located within hinterland areas some distance away from the sea. In the case of Burrill Lake, the sea would have been up to some 16 km further east than at present (McDonald 1992). There are no other Pleistocene sites recorded on the Sydney coast there are however two sites located at Curracurrang and the Prince of Wales Hospital, which are dated to around 7,000 years BP. It is very likely that a large number of coastal sites of a similar antiquity within the Sydney region have been submerged and/or destroyed by sea-level changes that have occurred in eastern Australia during the last 20,000 years. On the basis of the available evidence it would appear that the initial occupation of the Shoalhaven and Illawarra regions was sporadic, and with low population densities. From around 5000 years BP an increasing and continued use of many sites which have been investigated through archaeology appears to have ensued. Evidence for the use and occupation of the Shoalhaven and Illawarra regions from this period is far more archaeologically visible than for the previous periods. In support of the likelihood that occupation of the region intensified around this time, the majority of rock shelter and open camp sites which have been investigated to-date contain archaeological deposits, features and artefacts which generally date to c.2,500 BP or less. Kohen (1986) suggests that there was a more intensive use of open sites in the region during the last 1,500 years. This researcher suggests that the majority of campsites will therefore belong within this time frame. During the 20,000 years of so of occupation in the region, and in particular the last 5,000 to 8,000 years, changes in excavated stone tool assemblages have been observed. A number of temporal markers have subsequently been established by archaeologists in an attempt to distinguish what are considered to be the more significant changes in tool types and tool kit composition (eg. McCarthy 1948; Megaw 1965; Lampert 1971; and Wright 1977). At Contact, European observations of Aboriginal life around the Shoalhaven and Illawarra regions suggest that toolkits were fashioned largely on organic materials, such as wood, bark, palm leaves, shell and bone. The use of stone does not figure prominently within many of the early European descriptions. 4.3. MODELLING ABORIGINAL OCCUPATION OF THE NEW SOUTH WALES SOUTH COAST The various models of past Aboriginal occupation which have been developed for the region indicate that, as in virtually all other regions, sources of permanent or seasonally reliable water were not just a focus of past Aboriginal occupation but were a necessity for occupation to occur. Therefore it is expected that the greatest evidence of occupation would be found in association with reliable water sources such as creeks (and rivers where they occur). 12

However, whilst the presence of water has been identified as having been the over-riding factor in determining levels of past Aboriginal occupation, the presence of suitable landforms for occupation to occur was also extremely important. Landform determines the type of archaeological evidence which will be found or, in many instances, whether any evidence at all can be expected to occur. For the coastal lowlands and coastal hinterlands a generalised suite of criteria exist for predicting the location of Aboriginal sites (Lampert 1971; Lampert and Sanders 1973; Sullivan 1976; 1984; Bryne 1983; Navin 1987; 1991; 1993). Generally speaking, relatively flat to gently sloping (well drained) colluvial terrace and low hillslope situations in close proximity to reliable water sources and associated ridge crests are recognised as potential Aboriginal campsite locations (i.e. they are archaeologically sensitive micro-landforms). Specific to coastal environs Byrne (1983) suggests that ridgelines offer access routes through rugged hinterland. For long term and repeated visitation, areas with slopes of <15 were preferred i.e. flats and saddles. Closer to the coast line where topographic features are less discernable, Byrne (1983) believes that drainage line may have provided easier travelling routes. The current study area is located on a narrow coastal strip bounded by Murramarang Road to the west, a dune and beach to the east, Swan s Lagoon to the north and an unmarked drainage line to the south. All landform units within the study area have the potential to contain Aboriginal relics and sites. However, this does not take into consideration the effects upon the archaeological record of often extreme surface and sub-surface disturbance resulting primarily from recreational use of the area. 4.4. PREVIOUS INVESTIGATIONS Prior to the assessment being completed, the following tasks were undertaken: A review of the relevant archaeological reports and site cards for the study area and surrounding region that are held within the DEC Aboriginal Heritage information Management System (AHIMS) Register. Interpretation of the topographic context and landform units of the study area. Plotting of known Aboriginal sites as identified by the AHIMS search onto the Kioloa (8926-1-N) 1:25,000 Fourth Edition Topographic Map Many of the sites were originally plotted with only a three figure grid reference and topographic triangulation and landscape interpretation. Table 5.1 (below) shows the three figure grid reference in bold. These grid references limit the precision of plotting to 100m for both the easting and northing. In recent times this has been further complicated by the change from the Australian Mag Grid (AMG) or Australian Geodetic Datum (AGD66) to the Map Grid of Australia (MGA) or Geodetic Datum of Australia (GDA94). To change from AMG to MGA for the Kioloa (8926-1-N) topographic map the following conversion must take place: Eastings increase by 104 metres. Nothings increase by 190 metres. 13

AHIMS Site Number Site Name AMG Easting AMG Northing MGA Easting MGA Nothing 58-4-0011 Nunderah point 263500 6063300 263604 6063490 Table 2: Table of Mapping Inaccuracies AMG is the preferred grid reference of the DECC, however many topographic maps are now produced with MGA/GDA94 grid lines. Results supplied by DECC from a search of the AHIMS Register consisted of 22 identified Aboriginal sites at or near the study area. The results are presented in Table 3. The known Aboriginal sites consist of coastal shell middens, burials, massacre locations, open artefact scatters and axe grinding grooves. The majority of the sites have been recorded by students of the Australian National University. A small number of Aboriginal sites have been identified in areas immediately adjacent to the current study area. DECC Sites # 58-4-0815 and 58-4-0816 are situated immediately to the east of the present study area on the seaward (east) facing aspect of the dune on Kioloa Beach. DECC Site # s 58-4-0823, 58-4-0824 & 58-4- 0825 consists of a suite of shell middens approximately 200m from the southern boundary of the study area. DECC Site # 58-4-0470 is situated approximately 50m west of the south western corner of the study area boundary. Note that these sites did not appear on the latest AHIMS search: they have been noted from previous surveys by KAS in the local area. Only 58-4- 0815 and 58-4-816 have been added to Table 3. DECC Site # 58-4-0815 and 58-4-816: Consists of a midden and burial. The AHIMS site card was unrecovered. The sites location plots in immediately to the east of the study area on the beach. These sites were recorded as part of an ANU student survey (see below). DECC Site # 58-4-0823, 58-4-0824 & 58-4-0825: This suite of sites were recorded in February 1987 by Helen Cooke as part of an ANU student survey. They consist of a series of midden deposits with stone artefacts and are located in the sand dunes to the south of the study area. DECC Site # 58-4-0470: Jill Clapin associated with an ANU field survey identified this site during field surveys in 1991. Grinding grooves and open artefacts are present at the sites location. The Murramarang Aboriginal Area is located 700m to the north east of the present study area. This Murramarang Aboriginal Area is an extensive resource of Aboriginal sites. A number of sites within the boundaries of the Aboriginal Area have been investigated in the past. Navin Officer (1995) completed an archaeological field assessment for a rural residential subdivision over a portion of land located approximately 2.5 km to the north west of the present study area. A total of seven Aboriginal sites were identified in association with the Willinga Lake. These sites consisted of four open artefact scatters, two possible Aboriginal scarred trees and one isolated find. 14

SITE ID SITE NAME SITE TYPES 58-4-0137 Merry Beach:Pretty Beach Open camp site 58-4-0337 South Arm Road No. 2/3 Open camp site 58-4-0367 Point 43 Open camp site 58-4-0454 Dangerboard Road 1 Open camp site 58-4-0455 Dangerboard Road 2 Open camp site 58-4-0456 Dangerboard Road 3 Open camp site 58-4-0457 Dangerboard Road 4 Open camp site 58-4-0459 Butter Street 2 Open camp site 58-4-0460 Butter Street 3 Open camp site 58-4-0464 DA1:Kioloa Research Centre Open camp site 58-4-0465 DA3: Moores Road/Dangerboard Road Open camp site 58-4-0466 Ridgeline JC3 Open camp site 58-4-0467 Ridgeline JC4 Open camp site 58-4-0468 JC6 Open camp site 58-4-0478 Moores Road 1: Kioloa State Forest Open camp site 58-4-0910 Gick 4 Axe grinding groove 58-4-0911 Gick 5 Axe grinding groove 58-4-1176 PB1 Pretty Beach None 58-4-1177 PB2 Pretty Beach None 58-4-1188 Kiola Grooves None 58-4-0815 KB1 Midden with burial, artefacts 58-4-0816 KB2 Midden with burial, artefacts Table 3: Results of AHIMS search showing previously identified sites within a 2 km radius of the study area 4.5. SITE TYPE PREDICTIONS Based upon analysis of information extracted from the DECC Aboriginal Heritage Information Management System (AHIMS), the local and regional archaeological and environmental 15

contexts expressed above, the types of sites which could be expected to occur within the proposed activity site are outlined below. Open camp sites or isolated finds of durable material of flaked or ground stone (defined according to the criteria outlined in Section 4.0) that have been discarded across the site may be in evidence. The potential for manuports to be present within the study area also needs to be considered. These items consist of raw materials of stone that generally do not naturally occur within the soil profiles of a given site or region and by inference are proposed to have been brought onto the site by Aboriginal people from sources elsewhere. These items are subsequently discarded before they have been utilised as flaked or ground stone tools. Scarred trees are the result of the removal of bark and/or wood for the purpose of manufacturing shelters, canoes and shields and/or for designs carved into wood for a range of aesthetic, functional and ceremonial reasons which are currently not fully understood. Evidence for tree scarification is more likely to be observed on large and mature trees (depending upon the species). Unless the tree is at least 100 years old, scarring is unlikely to be of Aboriginal origin. Coastal/Estuarine Shell Middens as the descriptor implies, this sites are prevalent in coastal and/or estuarine contexts. The sites are dominated by the remains of shells and may also include bones and tools of bone and stone. Burials can take numbers of varying forms depending upon the customs of the indigenous inhabitants of the area. Common methods of burial practise used within Australia include, inhumation, cremation, desiccation and exposure. The entire burial process may involve a combination of the above procedures. 16

5. FIELDWORK Batemans Bay Local Aboriginal Land Council conducted an earlier site inspection and provided management recommendations in a letter dated 11 January 2007. A site inspection was conducted on Friday 29 June 2007 by Jakub Czastka (senior archaeologist, KAS). Tony Van Bergen (owner) identified the salient features of the caravan park, including the location of the proposed sewerage tank. He also identified previous areas of disturbance. None of the stakeholders were present for the fieldwork (refer to Consultation Log in Appendix A). 5.1. METHODOLOGY The fieldwork methodology was designed to locate previously identified sites and/or features, identify any further sites, artefacts or features, and assess the archaeological potential of any identified sites and to assess the impact of the proposed works on the identified sites and/or features. The method of surveying was a transect-based method, where transects were located using landform units and other environmental data. Areas exposed as a result of erosion, particularly the foreshore, were also targeted. The survey was recorded using descriptive, drawn and photographic means. The descriptions covered aspects such as landform units, slope forms, dominant landscape processes, disturbance, visibility, detectability, ground exposures the presence of raw materials used for artefact manufacture and the presence of any archaeological features or objects. 5.2. RESULTS Three transects were walked across the study area (Figure 4). These covered the crest of the coastal dune (Plate 5), the recently eroded foreshore (Plate 7) and flat sections west of the dune (Plate 9). No Aboriginal sites were identified during the course of the survey (Figure 4). Additionally, DECC Aboriginal sites #58-4-0815 and 58-4-0816 could not be relocated on the foreshore or dune despite conditions creating a natural profile of the area (Plates 6 and 7). Transect 1 was located on the coastal dune, concentrating on the crest and west facing slope (Plate 8). The seaward (east) facing upper slope of the dune was covered by low shrubs and tree cover, with thick grass cover over the remaining area. Ground visibility was largely confined to the slip face on the east side of the dune. Detectibility was poor on the vegetated areas with less than five percent exposure or visibility. The transect covered an area approximately 25 m (east-west) wide by 150 m (north-south) long (3,750m²), effective surface coverage of this area being less than 1 %. The west side of the dune was a simple slope of 5 degrees, the eastern slope showing a recent erosional scarp associated with the king tide (Plate 7) and swale situated between the foredune and crest. Impacts associated with this area included the installation of sewerage, including trenching for pipes and subsurface excavation for concrete tanks. Vegetation has also been managed on this section. The east face of the dune is also subject to natural coastal erosion. The caravan park itself only encroaches the base of the west facing slope. DECC sites #58-4-0815 and 58-4-0816 are located on the east side of this dune. The sites could not be relocated. Additionally, no Aboriginal sites were identified. Transect 2 was located along the foreshore south of Butler s Point and north of O Hara Head (Plate 7). This area is outside the boundaries of the caravan park: however, it is the location of 17

two Aboriginal sites containing both midden material and burials. The king tide event of the night of the 28th June 2007 had eroded a 0.5 to 2.5 metre high section through the coastal dune along the foreshore (Plate 7). An area approximately 180 m (north-south) long by 10 m (east-west), an area of some 1800 m². Visibility and exposure were ideal at 95%. No Aboriginal sites were identified. This area was traversed specifically to try and relocate DECC sites #58-4-0815 and 58-4-0816. Despite the truncation of the dune profile with visibility and exposure values of 95%, no human bone or midden material was observed. DECC sites # #58-4-0815 and 58-4-0816 could not be relocated: they are either protected by the vegetation on the higher sections of the dune or have been eroded as a result of the king tide. Transect 3 was situated along the flat area between the main cabin sites and dune, which includes areas impacted by cabin and tent sites, both dams and the tennis courts. Services, particularly those associated with the dams and the existing sewerage treatment facilities, are particularly widespread across this section. The transect covered an area approximately 150 m long (north-south) by 50 m wide (east-west), some 7,500 m². Ground exposure (40%) and visibility (50%) was patchy and confined to areas around the dam, sewerage treatment tanks and tent sites: effective survey coverage was in the order of 20 %. No Aboriginal sites were identified. Transect 3 represents the most disturbed of all the terrain surveyed. Existing cabin (Plate 11) and tent sites (Plate 8), dams (Plate 12), sewerage treatment facilities (Plate 1), tennis courts and several bitumen roads (Plate 10) are located along this transect. 18

Figure 4 Schematic Sketch of Salient Survey Features 19

5.3. DISCUSSION The study area is located along a narrow coastal strip located between Butlers Point and O Hara Head. A coastal dune and foreshore back on to the coastal strip where the caravan park is situated. The area has been the site of a caravan park for over 25 years (pers.com. Tony Van Bergen 28/06/07) and was used intermittently by recreational campers prior to this. Existing impacts have been identified in describing the transects; additionally, a general description of the existing condition of the study area has identified other major impacts. On this basis it is considered that the immediate surface and subsurface contexts down to 0.50m have been disturbed by roads, tracks cabin site construction and repeated use of tent sites. Sections associated with dams, amenities and sewerage treatment facilities including pipe laying are considered to have been impacted down at least 1 m below the current ground surface. The depth of disturbance almost certainly extends further in those areas of the coastal dune where the older sewerage system was installed. The coastal dune is also the subject of ongoing replanting and vegetation management as part of the overall coastal management plan for the caravan park. In summary, no Aboriginal sites were identified during the course of the survey. Additionally, DECC Aboriginal sites #58-4-0815 and 58-4-0816 could not be relocated on the foreshore or dune despite ideal conditions. 20

6. PRINCIPAL FINDINGS AND CONCLUSIONS Preliminary Indigenous Heritage Assessment Kioloa Beach Holiday Park On the basis of the documentation compiled within this report, the following conclusions have been drawn. The consultant is satisfied that the provided recommendations made below will ensure that the Aboriginal archaeological resource and the potential resource will not be adversely affected without prior consideration. The study area has been assessed to have been previously disturbed by the existing caravan park and its associated impacts. Based on surface conditions across the park itself, disturbance of up to 0.5 m in depth is to be expected across the entire site. Prior to the construction of the caravan park, the area was a popular camping area. Certain areas have been or are currently used to provide the caravan parks facilities such as water storage and sewerage. These areas are considered to have been impacted down at least 1 m below the current ground surface. The depth of subsurface disturbance almost certainly extends further in those areas of the coastal dune where the older sewerage system was installed previously. The fact that this coastal dune is also part of the overall coastal management plan for the caravan park that includes revegetation programs must be considered in regards to any future potential or actual impacts to Aboriginal heritage. Although the coastal dune lies outside the existing caravan park, and is therefore not technically part of the study area and the current proposal, its ongoing management will need to be addressed in conjunction with the registered stakeholders. The coastal foredune is the location of a registered Aboriginal site: DECC Aboriginal sites #58-4-0815 and 58-4-0816. These sites could not be relocated on the foreshore or dune despite conditions creating a natural profile of the area (Plates 6 and 7). In all likelihood the stormy weather conditions of June 2007 culminating in the king tide of June 28th affected the overall visibility of the extant sites. Although the lower part of the dune had been eroded and formed a small scarp, aeolian and sheetwash deposition of sands across the seaward facing dune face must be considered a factor in the failure to relocate DECC Aboriginal sites #58-4-0815 and 58-4-0816. 6.1. ASSESSMENT OF ARCHAEOLOGICAL POTENTIAL The following assessment of archaeological potential is made on the basis of landform context and the pattering of known Aboriginal sites in the surrounding region. The study area is assessed to have high potential for unidentified Aboriginal sites and / or isolated objects to be present based on the known distribution of archaeological sites in both the local and regional setting. However, based on an assessment of existing ground conditions, the potential for recovering undisturbed finds across the study area is considered low. This applies to the entire study area between the current ground surface and approximately 0.5 m below the surface. Areas retaining caravan park facilities are considered to have been impacted down at least 1 m below the current ground surface. The depth of subsurface disturbance almost certainly extends further in those areas of the coastal dune where the older sewerage system was installed previously. 21

7. RECOMMENDATIONS Preliminary Indigenous Heritage Assessment Kioloa Beach Holiday Park The following recommendations are based on: The legal requirements of the National Parks and Wildlife Act (1974) whereby it is illegal to damage, deface or destroy an Aboriginal object without first obtaining the written consent of the Director General of National Parks & Wildlife Service; and The findings of the heritage study presented in this report. It is recommended that: 5. There is no existing Aboriginal heritage constraints to the current Development Application proposed for Kioloa Beach Caravan Park. 6. There is an Aboriginal site located immediately east of the caravan park boundary which needs to be managed prior to any future revegetation programs. Although outside the Caravan Park boundaries it is the subject of future stabilisation works that are the responsibility of the Caravan Park owners and will involve subsurface impacts. 7. It is recommended that prior to revegetation programs commencing, the registered Aboriginal stakeholders are given the opportunity to comment and/or monitor the works. 8. In the event of Aboriginal sites being identified, further investigation to determine the nature, extent and integrity of such sites should be carried out prior to the commencement of any site works. In addition it is recommended that: One copy of this report will be forwarded to: The Chairperson Batemans Bay Local Aboriginal Land Council PO Box 542 Batemans Bay, NSW 2536. Arnold Williams CEO Ngunnawal Elders Corporation 13 Fitzgibbon Place Queanbeyan NSW 2620 Jerrinja Consultants Pty Ltd P.O. Box 66 Culburra Beach Post Office NSW 2540 22

Narrama Multi Services Aboriginal Corporation P.O. Box 471 Moruya NSW 2537 Three copies of this report will be forwarded to: The Manager Southern Aboriginal Heritage Section Department of Conservation PO Box 733 Queanbeyan, NSW 2620. 23

8. REFERENCES Bowdler, S. 1970. Bass Point. The excavation of a south-east Australian shell midden, showing cultural and economic change. Unpublished B.A. (Hons) Thesis. Sydney University. Byrne, D. 1983. The Five Forests. An Archaeological and Anthropological Investigation. Report to the NSW NPWS Friends of Durras. Proposal for the creation of the Greater Murramarang National Park. http://www.morning.com.au/fod/welcome.html Geoscience Australia. 2003. NATMAP Raster Mosaic. Hamon, B. V. 1994. They Came to Murramarang: A History of Murramarang, Kioloa and Bawley Point. The Australian National university Centre for Resource and Environmental Studies and Edith and Joy London Foundation. Kohen, J.L. et al. 1984. Shaws Creek KII rock shelter: A prehistoric occupation site in the Blue Mountains piedmont, eastern New South Wales. Archaeology in Oceania. 19:57-93. Kohen, J.L. 1986. Prehistoric settlement in the western Cumberland Plain: Resources, environment and technology. Unpublished Phd thesis. Macquarie University. Lampert, R.J. 1971. Burril Lake and Currarong. Terra Australis 1. Department of Prehistory. RSPacStuds. ANU. Canberra. Lampert, R. 1971. Burril Lake and Currarong. Coastal Sites in Southern NSW. Archaeology and Physical Anthropology in Oceania 9: 226-235 Lampert, R. J. 1971. Coastal Aborigines of South Eastern Australia. School of Geography. University of NSW. Lampert, R. and F. Sanders, 1973. Plants and Men on Beecroft Peninsula, New South Wales. Mankind 9: 96-108 Land Information Centre. 2000. Arial Photograph Bawley Point Area McCarthy, F.D. 1948. The Lapstone Creek excavation: Two culture periods revealed in eastern NSW. Records of the Australian Museum. 22:1-34. McDonald, J.J. 1992. The Archaeology of Angophora Reserve Rock Shelter. Environmental Heritage Monograph Series No 1. NPWS. Megaw, J.V.S. 1965. Excavations at the Royal National Park, NSW. A first series of radiocarbon dates from the Sydney district. Oceania. 35[3]:202-207. Nanson, G.C. et al. 1987. Chronology and paleoenvironment of the Cranebrook Terrace (near Sydney) containing artefacts more than 40,000 years old. Archaeology in Oceania. 22[2]:72-78. Navin, K. 1987. What Hasn t Happened at Lake Illawarra? Unpublished B.A. Honours Thesis, A.N.U., Canberra 24

Navin, K. 1991. Archaeological Investigation of Proposed Currambene Creek Crossing and Associated Road Routes from Woollamia to Callala Beach, Jervis Bay, NSW. Report to Mitchell McCotter & Associates Pty Ltd. Nakin, K. 1993 A preliminary Archaeological Assessment for the St Georges Basin/Jervis Bay Regional effluent Management Scheme. Report ro Mitchell McCotter Pty Ltd. Navin Officer. 1995. Archaeologcial Assessment: Lot 24 Dp777407, Bawley Point, NSW. Report to ERM Mitchell McCotter. New South Wales National Parks and Wildlife Service. 1997. Aboriginal cultural heritage standards and guidelines kit. New South Wales National Parks and Wildlife Service. 1998. Murramarang Aboriginal Area Plan of Management. Pearson, M & S. Sullivan. 1999. Looking After Heritage Places, Melbourne University Press. Stockton, E.D. & W.N. Holland. 1974. Cultural sites and their environment in the Blue Mountains. Archaeology and Physical Anthropology in Oceania. 9:36-64. Sullivan, M. E. 1976. Archaeological Occupation Site Location on the South Coast on NSW. Archaeology and Physical Anthropology in Oceania. Vol 11 (56-59) Sullivan, M. E. 1984. A Shell Midden Excavation at Pambula Lake on the Far South Coast of NSW. Archaeology in Oceania. Vol 16 (1-15) Tindale, N. 1974. Tribal Boundaries in Aboriginal Australia. Aust. Institute of Aboriginal Studies. Four Map series 1:2,500,000. Webb, S. 1981. An Analysis of Archaeological Bone Material from Middens on Murramarang Point, NSW. Wright, R.V.S. (ed.). 1977. Stone Tools as Cultural Markers: Change, Evolution and Complexity. Prehistory and Material Culture Series No. 12. AIAS, Canberra. 25

9. PLATES Plate 1: South view: proposed location of new sewerage treatment tank: where the tree is located to the right of the existing tank. Note Dam 2 in the background behind fence. 26

Plate 2: Looking south across southern portion of Kioloa Beach: this is the beach area immediately east of the caravan park. note the erosion, a result of a king tide on the 28 th June 2007. 27

Plate 3: Looking north west across the northern end of the caravan park immediately south of Butler s Lagoon. The lagoon is behind the tree line to the right of the cabins. 28

Plate 4: Looking north across the coastal dune; note the sewer tank in the centre of the grassed area. 29

Plate 5: General shot of the crest of the coastal dune from Butlers Point looking south; note evidence of trenching indicated by the arrows (darker green lines) and the circle demarcating the top of the sewer tank. 30

Plate 6: Looking south at the eroded face of the coastal dune caused by the king tide of 28 th June 2007. The scale in the centre is 1m. 31

Plate 7: Looking south along the foreshore from Butlers Point: the eroded foredune is demarcated by the dotted line. 32

Plate 8: Looking north towards the caravan park boundary (wooden bollards) and base of the coastal dune from Dam 1. 33

Plate 9: Looking south at tent sites located at the base of the costal dune: note the exposed ground surface. 34

Plate 10: Looking north along a degraded bitumen track: central area of Transect 3. 35

Plate 11: Looking north at cabin sites adjacent to Dam 2. 36

Plate 12: Looking north at Dam 1 from the caravan park boundary. 37