Nandroya Planning Report

‘

leddy sergiacomi &
associates pty. itd.

LSA Ref: 45-021

 

2.8

2.8.1

CULTURAL HERITAGE

General

In accordance with the Aboriginal Cultural Heritage Act 2003, all persons must comply with the

“cultural heritage duty of care” which states that “a person who carries out an activity must take

all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural

heritage”. Matters to be considered in determining compliance with the “cultural heritage duty of

care” include:

> 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 the 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 complied with the cultural heritage duty of care guidelines;
and

> The nature and extent of past uses in the area affected by the activity.

In determining the “nature of the activity” in accordance with the Cultural Heritage Duty of Care
Guidelines established under Section 28 of the Act, the proposed development would comprise
an activity involving surface disturbance and therefore further consideration should be given to
the “nature and extent of past uses” of the area. In this regard, the site has been subject to
“significant ground disturbance” in the past. Therefore the proposed activity would comprise a
Category 4 activity in accordance with the Guidelines. Category 4 activities are generally
considered such that the activity is unlikely to cause harm to Aboriginal Cultural Heritage and
wili comply with the Guidelines, however should not proceed without consideration of all
matters specified in Section 23(2) of the Act and summarised above. Nonetheless, Category 4

activities are not considered to require a cultural heritage assessment.

 

14 November 2005 Department of State Development, Trade and Innovation Page: 23

Planning Report