Ku-Ring-Gai Council Aboriginal Heritage Due Diligence Assessment

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Ku-ring-gai Council Aboriginal Heritage Due Diligence Assessment

Ku-ring-gai Council is partnered with the Aboriginal Heritage Office (AHO) to promote the protection of Aboriginal sites and advance the understanding of Aboriginal heritage and history in these areas.

Aboriginal Heritage Due Diligence Assessments

A Development Application (DA) lodged in the Ku-ring-gai Council area may be for a site that is in, or near, an area of Aboriginal heritage sensitivity. In such cases, the council will refer the DA to the Aboriginal Heritage Office for a review and potentially to conduct a site inspection. In some circumstances, the AHO may require further assessment of the proposed area by an archaeologist or Aboriginal heritage specialist. This could become a condition of consent for the DA’s approval.

These assessments are known as a ‘Due Diligence Assessment’ or sometimes as a ‘Preliminary Assessment.’ They involve an archaeologist or heritage specialist to review the known Aboriginal objects and sites found in the area, visit the site and assess its Aboriginal heritage potential, and create a report compiling the findings, along with recommendations. This assessment report can be returned to the AHO and submitted to the council as required.

Does your project Need an Aboriginal Heritage Due Diligence Assessment?

What does an Aboriginal Heritage Due diligence assessment involve?

1. Research and Contextual Analysis: The review of existing data. This includes consulting relevant registers that document known Aboriginal heritage sites and understanding the historical and cultural context of the area.
2. Site Inspection: If a closer examination of the property is deemed necessary, then a site inspection is arranged. A vital component of the assessment is the on-ground inspection. This physical examination helps identify any previously undocumented sites and assesses the potential impact of the proposed activity on known sites.

Landscapes that Typically Require an Aboriginal Heritage Assessment

The following landscapes typically require an Aboriginal Heritage Due Diligence Assessment when applying for a DA in the Ku-ring-gai Council area. Please note, that any area could require an assessment and it will be determined by the Council and the AHO. This is just a general guide.

Sandstone

If the proposed area contains sandstone formations, including rock platforms, overhangs, caves, and boulders, there is potential the area could contain Aboriginal sites and objects. These could be carvings, art, middens (deposits of shells and other items), water holes and burials. Sandstone platforms, overhangs and caves were used by Aboriginal people as camps and for ceremonial purposes.

Valleys and Gullies

Valleys and gullies typically contain an abundance of sandstone features (listed above) that were used by Aboriginal people for camps and ceremonial purposes.

Waterfronts

Land fronting, overlooking, or near the Lane Cove River, Middle Harbour and Cowan Creek could potentially possess evidence of Aboriginal occupation. Aboriginal people in the catchment zones of these waterbodies relied heavily on them as a source of food such as fish, shellfish, crustaceans and aquatic vegetables. As well as materials such as shells for fishing hooks, and reeds for weaving. As a result, it was common for camps to be set amongst the sandstone and on open areas, within 200 meters of the hightide mark.

Creeks and Streams

Many properties in Ku-ring-gai have creeks and streams running through them. These beautiful water features were important places for Aboriginal people as a source of fresh water and to collect resources. These creeks and streams typically meander over and around sandstone formations that were used as camps, for grinding axes, creating art, and carving out holes that could hold water in times of low rainfall. Deep pools were also used for swimming and bathing.

Hilltops and Ridge Lines

Certain hilltops and ridge lines were ideally positioned as lookouts, camps and ceremonial sites. These sites can possess isolated Aboriginal objects, stone arrangements, carvings and scarred trees amongst other items.

Contact Us to Discuss Your Project

if the Council or AHO does not require an Aboriginal Heritage Assessment are you protected Legally?

No. It is very important to know that if the AHO or Council does not require an Aboriginal heritage due diligence assessment for a particular DA, this does not remove the legal protections provided by the NPW Act for ‘unknowing’ harm to Aboriginal objects. Fines for ‘unknowing’ harm to Aboriginal heritage, without first obtaining an Aboriginal Due Diligence Assessment can attract a penalty of up to $110,000 for an individual and $220,000 for a corporation.

It is recommended all applicants undertake Aboriginal heritage Due Diligence.

It is recommended that all applicants undertake Aboriginal heritage Due Diligence in accordance with the Heritage NSW Code of Practice. This does not need to be presented to the Council as part of a development application but will provide proponents with a defence to the offence of unknowing harm if Aboriginal objects are unexpectedly found during construction works. This assessment may not necessarily require the cost of a site visit and is therefore an efficient way to mitigate risk.

Choosing a Consultant with the correct Expertise

The Ku-ring-gai area sits on what is referred to as the ‘sandstone belt’ and contains Aboriginal heritage that is unique in contrast to other parts of Greater Sydney. Not all consultants specialise in this area. Incorrect assessment of your site can have serious ramifications for your DA.

Talking Walls Heritage Consultants specialises in the archaeology found within the sandstone belt and can provide the appropriate assessment.

Working with Talking Walls

Our goal is to ensure all parties involved achieve a suitable outcome from the assessment process. Our purpose is to help you get your DA approved by making sure all the Council’s requirements are met, ensuring Aboriginal communities are confident their heritage is being respected and protected and offering solutions when they are required.

Contact Us for an Assessment

Contact us to discuss the Aboriginal Heritage Due Diligence Assessment in relation to your property in the Ku-ring-gai LGA.