Waverley Council Aboriginal Heritage Due Diligence Assessment

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Waverley Aboriginal Heritage Due Diligence Assessment

When applying for a Development Application (DA) in the Waverley Council area you may be requested to provide an Aboriginal Due Diligence Assessment (also known as an Aboriginal Cultural Heritage Assessment) if the site is in, or near, an area of Aboriginal Heritage High Sensitivity. This assessment may become part of the ‘conditions of consent for approval.

Need an Aboriginal Heritage Due Diligence Assessment?

1300 931 796

Guidelines for Aboriginal Cultural Heritage and Development

As per Waverley LEP clause 5.10, development consent is required to disturb or excavate an Aboriginal place of heritage significance, land known to contain Aboriginal objects or land that is suspected to contain Aboriginal objects.

The following table is a guide as to when Waverley Council requires a Due Diligence Assessment.

Site category	Action required
High sensitivity: Sites identified in the LEP as containing an Aboriginal object or Aboriginal Place of heritage significance, or relatively undisturbed areas where artefacts are most likely located.	(a) Due diligence must be exercised to determine whether an AHIP is required. (b) Development consent is required.
Low sensitivity: Any area with outcropping sandstone, undeveloped natural landscape or the Bondi Rose-Bay Sand body (see map below).	(c) Due diligence must be exercised to determine whether an AHIP is required.
Little likelihood: All areas not included in one of the categories above.	(d) No pre-emptive action is required.

Waverley DCP 2022: Heritage B8, pg. 72. Guidelines for Aboriginal Cultural Heritage and Development.

The Waverley Aboriginal Cultural Heritage Sensitivity Map

This map depicts the areas of Aboriginal sensitivity in Waverley referred to in the table above. It is found in Part B8 of the Waverley Development Control Plan 2022.

Need an Aboriginal Heritage Due Diligence Assessment?

1300 931 796

Bondi-Rose Bay Sandbody

Located in the area stretching from Bondi towards Rose Bay, the sandbody (dunes) are not just piles of sand but layers of history, revealing a depth that ranges from 25 meters at the Bondi end to approximately 43 meters towards Rose Bay/Harbour. These depths suggest a substantial and ancient sand body lying atop sandstone bedrock.

This stratification hints at a rich, though hidden, past beneath the surface. It raises the fascinating possibility that the land surfaces once inhabited by Aboriginal people might be buried beneath these dunes, as the windblown sands quickly formed layers.

Outcropping Sandstone

In many parts of Waverley sandstone outcrops are found in parks, reserves and private gardens. These can have carvings and grinding groves. Where these are present, an Aboriginal Heritage Due Diligence Assessment is most likely required.

What does an Aboriginal Due Diligence Assessment involve?

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.
Site Inspection: If a closer examination of the property is deemed necessary, then a site inspection is arranged. This physical examination helps identify any previously undocumented sites and assesses the potential impact of the proposed activity on known sites. The necessity of this is based on a case-by-case basis.

if the Council does not require an Aboriginal Due Diligence Assessment or Impact Assessment does this protect you Legally?

No. Please note that if the Council does not require an Aboriginal Due Diligence Assessment, Due Diligence Assessment or Impact Assessment for a particular development proposal, this does not remove the legal protections provided by the NPW Act for ‘unknowing’ harm to Aboriginal objects. Causing unknowing harm to an Aboriginal heritage object, without first completing a Due Diligence Assessment, can attract a fine of up to $220,000.

Talking Walls specialises in Waverley Council’s Aboriginal Due Diligence Assessment

Talking Walls is based in Surry Hills, only 2.5 km from the Waverley LGA. This is important because the Eastern Suburbs of Sydney has a very unique landscape and Aboriginal history when compared to other parts of Sydney. In this area, your heritage consultant needs to have experience working with sandy soil landscapes, sandstone valleys, and local ecological habitats. Without this experience, you risk facing significant delays to your DA, or worse, heavy fines if the assessment has not been conducted properly.

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, the La Perouse Local Aboriginal Land Council are confident their heritage is protected and we can offer practical solutions when they are required.