Development Application part 2 OF 2 All of CD, Information in notes - MCU12/0216

CSR Building Products Limited                                                                                           Page 45
West Ridge Quarry
Site Based Management Plan



3.9          Cultural Heritage

3.9.1        Purpose
      In Queensland, Aboriginal cultural heritage is protected whether or not it has been identified or listed. Aboriginal
      cultural heritage can exist on an area of land regardless of the land tenure.
      Under Section 23 of the Aboriginal Cultural Heritage Act 2003 (ACH Act), 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”).
      The ACH Act also states “A person must not harm Aboriginal cultural heritage if the person knows or sought
      reasonably to know that it is Aboriginal Cultural Heritage”. Exceptions are listed under subsection (2) of Section 24 of
      the ACH Act.
      Substantial penalties exist for unlawfully harming Aboriginal cultural heritage.
      The purpose of the ACH Act is to provide effective recognition, protection and conservation of Aboriginal cultural
      heritage. Requirements include:
      - recognising Aboriginal ownership of Aboriginal human remains;
      - recognising Aboriginal ownership of Aboriginal cultural heritage of a secret or sacred nature held in State
           collections;
      - recognising Aboriginal ownership of Aboriginal cultural heritage that is lawfully taken away from an area by an
           Aboriginal party for the area;
      - establishing a duty of care for activities that may harm Aboriginal cultural heritage;
      - establishing powers of protection, investigation and enforcement;
      - establishing a database and a register for recording Aboriginal cultural heritage;
      - ensuring Aboriginal people are involved in processes managing the recognition, protection and conservation of
           Aboriginal cultural heritage;
      - establishing a process for the comprehensive study of Aboriginal cultural heritage; and
      - establishing processes for the timely and efficient management of activities to avoid or minimise harm to
           Aboriginal cultural heritage.
      Aboriginal cultural heritage artefacts including any significant Aboriginal areas in Queensland; or a significant
      Aboriginal object; or evidence of archaeological or historic significance, of Aboriginal occupation are protected under
      the ACH Act.
      No indigenous cultural heritage sites are known to be located within the Site. The archaeological potential of the
      proposed quarry is therefore considered to be low. However, it is possible that archaeological material may exist
      which is presently not visible and could be uncovered during excavations. This plan has been prepared in response to
      those contingencies.

3.9.2        Operational Policy
      To identify and manage any potential undiscovered archaeological relics, artefacts or objects within the Quarry
      disturbance area.

3.9.3        Performance Targets
      To meet the legal requirements in relation to ACH Act that may be discovered.


3.9.4        Implementation Strategy/Mitigation Measures
      Management procedures for the protection of cultural heritage issues shall ensure that Aboriginal relics or objects are
      protected. Reasonable and practicable control measures may include but are not limited to:
      - inducting all employees on-site on cultural heritage prior to commencement of any future quarry development;
      - ensuring any identified items of cultural or heritage significance, which may be disturbed by extractive industry
           operations, are evaluated as part of the development assessment;



December 2012 / file ref. 1271_610_001                                                                       GROUNDWORK p l u s