FINAL REPORT: Residential Subdivision, Ash Road Leopold, Victoria: Aboriginal Cultural Heritage Management Plan Number: 11776 SPONSOR Paisley Manor Pty Ltd 16 January 2012 EP Reference: 3115 CULTURAL HERITAGE ADVISORS: Mollie Harbour and Rick Bullers Ecology and Heritage Partners Pty Ltd REPORT AUTHORS: Mollie Harbour and Rick Bullers Ecology and Heritage Partners Pty Ltd HEAD OFFICE: MELBOURNE: 292 Mt Alexander Rd, Ascot ValeVIC 3032 GEELONG: PO Box 8048, Newtown VIC 3220 FINAL REPORT: Residential Subdivision, Ash Road Leopold, Victoria: Aboriginal Cultural Heritage Management Plan: Aboriginal Cultural Heritage Management Plan Number: 11776 ACTIVITY SIZE: Medium ASSESSMENT: Complex SPONSOR: Paisley Manor Pty Ltd CULTURAL HERITAGE ADVISORS: Mollie Harbour and Rick Bullers AUTHORS: Mollie Harbour and Rick Bullers DATE: 16 January 20122010 HEAD OFFICE: MELBOURNE: 292 Mt Alexander Rd, Ascot ValeVIC 3032 GEELONG: PO Box 8048, Newtown VIC 3220 EXECUTIVE SUMMARY Introduction This complex Cultural Heritage Management Plan (CHMP) has been prepared for the proposed residential development of land on the western side of Ash Road, Leopold, Victoria (City of Greater Geelong) (Map 1, Page 89). St Quentin Consulting, on behalf of Paisley Manor Pty Ltd, is proposing to rezone, and subsequently develop, nine parcels of land on the western side of Ash Road at Leopold, Victoria. The lands are currently within Farming Zone (FZ). The lands will be rezoned as Residential 1 Zone (R1Z) similar to lands to the north and west. Paisley Manor will also seek a Development Plan Overlay (DPO); lands adjoining the western boundary of the application area currently fall under DPO18 (Leopold Urban Expansion Area 2). The activity area is approximately 25.4 ha in size and is bounded by Ash Road to the east, residential properties in the north, farming land to the west, and rural properties in the south (Map 2, Page 90). Ecology and Heritage Partners Pty Ltd was commissioned by St Quentin Consulting to prepare this complex CHMP. This CHMP will be evaluated by the Registered Aboriginal Party (RAP) for the activity area, the Wathaurung Aboriginal Corporation (WAC). Methods Ecology and Heritage Partners was commissioned in July 2011 to prepare a complex CHMP for the activity area. An Aboriginal Cultural Heritage Assessment was previously completed by TerraCulture in July 2011 and the results of that assessment was used for the desktop and standard assessment components of this CHMP. The original archaeological site survey was completed by Monica Toscano (TerraCulture Pty Ltd) on 15 April 2011. Ecology and Heritage Partners completed a subsequent complex assessment of the activity area in August September 2011. A total of two Shovel Test Probes (STP), 89 Shovel Test Holes (STH) and eight Random Test Holes (RTH) were excavated. The soil from all test pits (STPs, STHs and RTHs) were manually sieved using 5 mm mesh. The stratigraphy of all test pits was recorded. The stratigraphy of all the STPs was also drawn and photographed. Results Desktop Assessment The desktop assessment indicated that there have been 29 Aboriginal heritage sites previously recorded within a 5 km radius of the activity area (Map 6, Page 94). None of these sites were located in the activity area. The desktop assessment concluded that artefact scatters and isolated artefacts were the types of Aboriginal sites most likely to occur within the activity area, followed by scarred trees and shell middens. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 1 Standard Assessment The activity area was surveyed on 15 April 2011 by TerraCulture Pty Ltd Archaeologist/Cultural Heritage Advisor Monica Toscano, with representatives1 from the WAC. The entire activity area was surveyed, with the exception of a portion of 146-155 Ash Road, as it was under crop at the time. A follow up standard assessment of the eastern portion of 146-155 Ash Road (previously under crop) was undertaken on 20 September 2011 by Ecology and Heritage Partners Pty Ltd Archaeologists/Cultural Heritage Advisors Mollie Harbour and Terence MacManus, with Jodie McRedmond and Tim Kennedy representing the WAC. The standard assessment undertaken by TerraCulture Pty Ltd in April 2011 identified two isolated artefact sites (VAHR 7721-1172 and 1173) (Map 7, Page 95). Both sites are located in the southernmost property, on a slight rise. Complex Assessment The complex assessment was conducted on 9, 12 and 15 August, and between 20-21 September 2011 by Ecology and Heritage Partners Pty Ltd Archaeologists/Cultural Heritage Advisors Mollie Harbour and Terence MacManus, with Bert Fagan, Jodie McRedmond, Kacie Mitchell, Tammy Gilson, Mick Castrisios, Chris Fry and Tim Kennedy representing the WAC. A total of 89 shovel test holes (STHs), measuring 400 mm x 400 mm, were excavated from 17 transects and eight radial test holes (RTHs) Appendix 4 and (Map 8, Page 96). The radial testing included site extent testing for the two sites (VAHR 7721-1172 and 1173) found during TerraCulture’s survey. The excavation located one subsurface artefact from one shovel test hole at 160-172 Ash Road (VAHR 7721-1174) and one surface artefact located in a vehicle track at 146-155 Ash Road (VAHR 7721-1141). These two isolated artefact sites are discussed in detail in Section 6, Page 58 (Map 9, Page 97). The coordinates of each transect start and end points appear in Appendix 4, while the coordinates of all shovel test pits excavated within the activity area appear in Appendix 4, Page 112. 1 Names of the Wathaurung representatives were not provided in the TerraCulture survey report. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 2 The recommendations and contingency plans in Part 2 of this CHMP must be adhered to at all times. SUMMARY OF MANAGEMENT RECOMMENDATIONS from page72 146-155 Ash Road IA (VAHR 7721-1171) The site is an isolated artefact, found on the ground surface (Map 9, Page 97; Plan 1 and Plates 9 and 10). Recommendations to Avoid Harm to 146-155 Ash Road IA (VAHR 7721-1171) Harm to 146-155 Ash Road IA (VAHR 7721-1171) cannot be avoided. Recommendations to Minimise Harm to 146-155 Ash Road IA (VAHR 7721-1171) Harm to 146-155 Ash Road IA (VAHR 7721-1171) cannot be avoided. Recommendations for the Salvage of 146-155 Ash Road IA (VAHR 7721-1171) The activity cannot avoid impacting upon the Aboriginal archaeological site 146-155 Ash Road IA (VAHR 7721-1171), therefore the following salvage and reburial program is recommended prior to any construction works in the activity area commencing: A surface salvage will be implemented to salvage the surface artefact at this site (Map 10, Page 98). Subsurface testing at the site did not identify a subsurface component to this site, therefore a salvage excavation is not considered to be warranted. Custody of the Aboriginal cultural heritage from 146-155 Ash Road IA (VAHR 77211171) shall be given to the WAC, and the artefact will be reburied in an allocated area of public open space approximately 30 m south of isolated artefact site 160-172 Ash Road IA (VAHR 7721-1174) after landscaping works are completed (Map 10, Page 98); It is suggested low root stock plantings take place. Future maintenance of this area should be minimal. There is no requirement for the placement of geofabric. No underground infrastructure is to be installed at the allocated reburial location. Machines are not to drive through, scrape or excavate the reserved parts of the site after artefact reburial. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 3 160-172 Ash Road IA (VAHR 7721-1174) The site is an isolated artefact, found on the ground surface (Map 9, Page 97; Plan 1 and Plates 9 and 10). Recommendations to Avoid Harm to 160-172 Ash Road IA (VAHR 7721-1174) Harm to 160-172 Ash Road IA (VAHR 7721-1174) cannot be avoided. Recommendations to Minimise Harm to 160-172 Ash Road IA (VAHR 7721-1174) Harm to 160-172 Ash Road IA (VAHR 7721-1174) cannot be avoided. Recommendations for the Salvage of 160-172 Ash Road IA (VAHR 7721-1174) The activity cannot avoid impacting upon the Aboriginal archaeological site 160-172 Ash Road IA (VAHR 7721-1174). Radial shovel test holes were excavated around the isolated artefact to determine the site extent and no further artefacts were found, therefore salvage is not required. Custody of the isolated artefact (VAHR 7721-1174) will be given to the WAC prior to works commencing, and reburial of the artefact is recommended after landscaping works are completed: The artefact will be reburied in an allocated area of public open space approximately 30 m south of isolated artefact site 160-172 Ash Road IA (VAHR 7721-1174) after landscaping works are completed (Map 10, Page 98); It is suggested low root stock plantings take place. Future maintenance of this area should be minimal. There is no requirement for the placement of geofabric. No underground infrastructure is to be installed at the allocated reburial location. Machines are not to drive through, scrape or excavate the reserved parts of the site after artefact reburial. 160-172 Ash Road IA2 (VAHR 7721-1172) Site 160-172 Ash Road IA2 (VAHR 7721-1172) is located in the centre of a pre-existing tree line, now cut down (Map 9, Page 97; Plan 3 and Plate 13). Recommendations to Avoid Harm to 160-172 Ash Road IA2 (VAHR 7721-1172) Harm to 160-172 Ash Road IA2 (VAHR 7721-1172) cannot be avoided. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 4 Recommendations to Minimise Harm to 160-172 Ash Road IA2 (VAHR 7721-1172) Harm to 160-172 Ash Road IA2 (VAHR 7721-1172) cannot be avoided. Recommendations for the Salvage of 160-172 Ash Road IA2 (VAHR 7721-1172) As the surface artefact could not be relocated, no further recommendations are required. 160-172 Ash Road IA3 (VAHR 7721-1171) Site 160-172 Ash Road IA3 (VAHR 7721-1171) was located at approximately the centre of the northern fence line in an area of good ground surface visibility (Map 9, Page 97; Plan 3 and Plate 14). Recommendations to Avoid Harm to 160-172 Ash Road IA3 (VAHR 7721-1171) Harm to 160-172 Ash Road IA3 (VAHR 7721-1173) cannot be avoided. Recommendations to Minimise Harm to 160-172 Ash Road IA3 (VAHR 7721-1171) Harm to 160-172 Ash Road IA3 (VAHR 7721-1173) cannot be avoided. Recommendations for the Salvage of 160-172 Ash Road IA3 (VAHR 7721-1171) As the surface artefact could not be relocated, no further recommendations are required. SUMMARY OF CONTINGENCY PLANS Contingency regarding the Discovery of Aboriginal Cultural Heritage Unexpected Discovery of Isolated or Dispersed Scatters of Aboriginal Cultural Heritage It is unlikely that previously unknown Aboriginal cultural heritage will be discovered within the activity area during the activity. This Aboriginal cultural heritage is likely to be isolated stone artefacts. However, if a person discovers or suspects that they have discovered Aboriginal cultural heritage during the activity, and the actual or suspected cultural heritage is an isolated or dispersed scatter of less than five stone artefacts, the following contingency plan must be followed: The person in charge or site manager of the activity within the activity area must be notified immediately; The person in charge or site manager must immediately suspend all activities and works at the location of the discovery and within five metres of the extent of the Aboriginal cultural heritage; Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 5 Within a period of two business days, the person in charge or site manager must contact an appropriately qualified and experienced Cultural Heritage Advisor and inform them of the discovery; The Cultural Heritage Advisor must be engaged to consult with the RAP to assess the discovered Aboriginal cultural heritage, record the cultural heritage material and update or complete new site cards for the discovered Aboriginal cultural heritage; The Cultural Heritage Advisor must catalogue and analyse all discovered cultural heritage; The Cultural Heritage Advisor will then notify AAV of the discovery by lodging either a new or updated Victorian Aboriginal Heritage Register site record card within a timely manner. Work in the excluded area may recommence provided: The discovered Aboriginal cultural heritage has been identified, inspected, recorded and collected for reburial by a Cultural Heritage Advisor; The Cultural Heritage Advisor has identified the discovered cultural heritage as being an isolated or dispersed scatter of less than five stone artefacts; and New or updated Victorian Aboriginal Heritage Register site record cards have been completed and forwarded to AAV Failure of parties to reach an agreed course of action in this manner will be classed as a dispute under this agreement and the contingency plan in this CHMP regarding dispute resolution must be followed. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 6 Contingency regarding the Discovery of Aboriginal Cultural Heritage Unexpected Discovery of Other Aboriginal Cultural Heritage It is unlikely that previously unknown Aboriginal cultural heritage other than isolated stone artefacts or dispersed artefacts will be discovered within the activity area during the activity. However, if a person discovers or suspects that they have discovered Aboriginal cultural heritage during the activity, and the actual or suspected cultural heritage is cultural heritage other than an isolated or dispersed scatter of less than five stone artefacts the following contingency plan must be followed: The person in charge or site manager of the activity within the activity area must be notified immediately; The person in charge or site manager must immediately suspend all activities and works at the location of the discovery and within twenty metres of the extent of the Aboriginal cultural heritage; Within a period of two business days, the person in charge or site manager must contact an appropriately qualified and experienced Cultural Heritage Advisor and inform them of the discovery; The Cultural Heritage Advisor must be engaged to consult with the RAP to assess the discovered Aboriginal cultural heritage, record the cultural heritage material and update or complete new site cards for the discovered Aboriginal cultural heritage; and assess the significance of the cultural heritage in conjunction with the RAP; The Cultural Heritage Advisor must catalogue and analyse all discovered cultural heritage; The Cultural Heritage Advisor will then notify AAV of the discovery by lodging either a new or updated Victorian Aboriginal Heritage Register site record card within a timely manner; The Sponsor must make all reasonable attempts to avoid or minimise harm to the newly discovered Aboriginal cultural heritage; Where it is not possible to avoid harming the Aboriginal cultural heritage, mitigation in the form of salvage will be required; Where salvage of discovered Aboriginal cultural heritage is required, decisions about how to proceed with salvage excavation must be made on a case-by-case basis by the Cultural Heritage Advisor, in conjunction the RAP. Aboriginal Affairs Victoria may also be consulted. The methodology of any salvage excavation must be appropriate to the site type(s) discovered and the nature, extent and significance of the site(s). All salvage must abide by Regulation 61 of the Aboriginal Heritage Regulations 2007 and Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 7 be undertaken in accordance with proper archaeological practice and the results of the excavations must be reported to AAV; and Work in the excluded area may recommence provided: The discovered Aboriginal cultural heritage has been identified, inspected, recorded and collected for reburial by a Cultural Heritage Advisor; The Sponsor has taken appropriate measures to avoid harming the Aboriginal cultural heritage, including appropriate protection measures as agreed upon by the Sponsor and the RAP; If the Sponsor cannot avoid harming the Aboriginal cultural heritage, the Sponsor has taken appropriate measures to minimise harm to Aboriginal cultural heritage, including appropriate protection measures as agreed upon by the Sponsor and the RAP; The Cultural Heritage Advisor has undertaken the appropriate salvage excavations or collections; and New or updated Victorian Aboriginal Heritage Register site record cards have been completed and forwarded to AAV. Failure of parties to reach an agreed course of action in this manner will be classed as a dispute under this agreement and the contingency plan in this CHMP regarding dispute resolution must be followed. Contingency regarding the Discovery of Aboriginal Cultural Heritage - Unexpected Discovery of Human Remains Under Section 4 of the Coroner’s Act 2008, if the body of a deceased person is found in Victoria (s.4 (1)(a)) and the identity of the deceased is unknown (s. 4(2)(g)) then the death is reportable and under Section 12 of the Coroner’s Act 2008 there is an obligation to report death. If any suspected human remains are found during any activity, works must cease. The State Coroner’s Office on 1300 309 519 and Victoria Police on 03 9684 4387 should be notified immediately (s. 12 (1)). If there are reasonable grounds to believe that the remains are Aboriginal, the Department of Sustainability and Environment’s Emergency Coordination Centre must be contacted immediately on 1300 888 544. This advice has been developed further and is described in Section 9.3. WAC have requested that the following additional clause be added to this contingency: No photographs or digital images of Aboriginal human remains are to be taken without prior approval. It is noted that under the Coroner’s Act 2008, photographs may be required during initial inquiries. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 8 Contingency for the Removal, Curation, Custody and Management of Aboriginal Cultural Heritage (Artefacts) Discovered during the Activity Should any Aboriginal cultural heritage be discovered during the activity, the custody of the Aboriginal cultural heritage must comply with the Aboriginal Heritage Act 2006 and be assigned in the following order of priority, as appropriate: Any relevant RAP for the land from which the Aboriginal cultural heritage has been salvaged; Any relevant registered native title holder for the land from which the Aboriginal cultural heritage has been salvaged; Any relevant native title party (as defined in the Aboriginal Heritage Act 2006) for the land from which the Aboriginal cultural heritage has been salvaged; Any relevant Aboriginal person or persons with traditional or familial links with the land from which the Aboriginal cultural heritage has been salvaged; Any relevant Aboriginal body or organisation which has historical or contemporary interests in Aboriginal heritage relating to the land from which the Aboriginal cultural heritage has been salvaged; The owner of the land from which the Aboriginal cultural heritage has been salvaged; and The Museum of Victoria. It should be noted that any Cultural Heritage Advisor engaged to investigate any Aboriginal cultural heritage should be able to retain initial custody of Aboriginal cultural heritage for a reasonable period of time for the purposes of analysis. In accordance with the Aboriginal Heritage Act 2006, during the period that the Cultural Heritage Advisor has custody of the Aboriginal cultural heritage, the Cultural Heritage Advisor must: Label and package collected artefactual material with reference to provenance; and Arrange storage of the material in a secure location together with copies of the catalogue, assessment documentation, management plan and results of the analysis. Following the repatriation of Aboriginal cultural heritage held by the Cultural Heritage Advisor to any of the above people or groups (except Museum Victoria), should any of the above people or groups wish to rebury the Aboriginal cultural heritage, the following must take place: The site record card must be updated, including an object collection component form; Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 9 The reburial location must be known, relocatable and in an area which is protected from future development or disturbance; Where possible, the Aboriginal cultural heritage should be reburied within the boundaries of the Aboriginal archaeological site from which the Aboriginal cultural heritage was originally collected or excavated; Artefacts must be reburied in a durable container which may or may not be open bottomed to allow contact between the artefacts and the soil whilst allowing the reburied material to be readily identified as such; and An additional enclosed durable container must be buried next to the artefacts which contains copies of all documentation relating to the artefacts, including a copy of the relevant site card, artefact database and any other relevant documentation. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 10 Table of Contents Executive Summary ...................................................................................................1 PART 1 - ASSESSMENT ..........................................................................................17 1 Introduction ...................................................................................................17 1.1 Background and Scope of Works ....................................................................17 1.2 Location of Activity Area ..................................................................................17 1.3 Reasons for Preparing the CHMP ...................................................................18 1.4 Name of Sponsor ............................................................................................19 1.5 Name of Cultural Heritage Advisors ................................................................19 1.6 Name of Owners and Occupiers of the Activity Area ......................................22 1.7 Registered Aboriginal Parties ..........................................................................22 1.8 Notice of Intent to Prepare a Management Plan .............................................23 1.9 Report Review and Distribution .......................................................................23 1.10 Heritage Legislation ........................................................................................23 2 Extent of Activity Area ..................................................................................24 3 Activity Description ......................................................................................26 4 Documentation of Consultation ...................................................................27 4.1 Consultation in Relation to the Assessment ....................................................27 4.2 Participation in the Conduct of the Assessment ..............................................28 4.3 Consultation in Relation to the Recommendations..........................................28 4.4 Summary of Outcomes of Consultation ...........................................................29 5 Aboriginal Cultural Heritage Assessment ..................................................30 5.1 Desktop Assessment ......................................................................................30 5.1.1 Environmental context ............................................................................................................ 30 5.1.2 Aboriginal context ................................................................................................................... 36 5.1.3 Database searches .................................................................................................................. 37 5.1.4 Previous archaeological investigations ................................................................................ 38 5.1.5 Aboriginal archaeological site prediction statement .......................................................... 44 5.1.6 Desktop assessment - conclusions ...................................................................................... 46 5.2 Standard Assessment .....................................................................................47 5.2.1 Methodology of the standard assessment ........................................................................... 47 5.2.2 Limitations of the standard assessment .............................................................................. 47 5.2.3 Results of the standard assessment ..................................................................................... 47 5.2.4 Results of standard assessment ........................................................................................... 50 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 11 5.3 Complex Assessment .....................................................................................50 5.3.1 Aims of the complex assessment ......................................................................................... 50 5.3.2 Methodology of the complex assessment ............................................................................ 50 5.3.3 Limitations of the complex assessment ............................................................................... 52 5.3.4 Results of the complex assessment ..................................................................................... 52 5.3.5 Complex assessment - conclusions ..................................................................................... 57 6 Details of Aboriginal Cultural Heritage in the Activity Area ......................58 6.1 Aboriginal Cultural Heritage in the Activity Area ..............................................58 6.1.1 Assessment of the Aboriginal cultural heritage .................................................................. 58 6.1.2 RAP information regarding the Aboriginal cultural heritage .............................................. 59 6.1.3 Results of the Assessment of the Aboriginal cultural heritage ......................................... 59 6.2 146-155 Ash Road IA (VAHR 7721-1171) ......................................................60 6.2.1 Location of 146-155 Ash Road IA (VAHR 7721-1171) .......................................................... 60 6.2.2 Extent of 146-155 Ash Road IA (VAHR 7721-1171) .............................................................. 60 6.2.3 Nature of 146-155 Ash Road IA (VAHR 7721-1171) .............................................................. 60 6.2.4 Significance of 146-155 Ash Road IA (VAHR 7721-1171) .................................................... 60 6.3 160-172 Ash Road IA (VAHR 7721-1174) ......................................................62 6.3.1 Location of 160-172 Ash Road IA (VAHR 7721-1174) .......................................................... 62 6.3.2 Extent of 160-172 Ash Road IA (VAHR 7721-1174) .............................................................. 62 6.3.3 Nature of 160-172 Ash Road IA (VAHR 7721-1174) .............................................................. 62 6.3.4 Significance of 160-172 Ash Road IA (VAHR 7721-1174) .................................................... 62 6.4 160-172 Ash Road IA2 (VAHR 7721-1172) ....................................................64 6.4.1 Location of 160-172 Ash Road IA2 (VAHR 7721-1172) ........................................................ 64 6.4.2 Extent of 160-172 Ash Road IA2 (VAHR 7721-1172) ............................................................ 64 6.4.3 Nature of 160-172 Ash Road IA2 7721-1172 [VAHR]) ........................................................... 64 6.4.4 Significance of 160-172 Ash Road IA2 (VAHR 7721-1172) .................................................. 64 6.5 160-172 Ash Road IA3 (VAHR 7721-1173) ....................................................66 6.5.1 Location of 160-172 Ash Road IA3 (VAHR 7721-1173) ........................................................ 66 6.5.2 Extent of 160-172 Ash Road IA3 (VAHR 7721-1173) ............................................................ 66 6.5.3 Nature of 160-172 Ash Road IA3 (VAHR 7721-1173) ............................................................ 66 6.5.4 Significance of 160-172 Ash Road IA3 (VAHR 7721-1173) .................................................. 66 7 Consideration of Section 61 Matters – Impact Assessment .....................68 7.1 Section 61 Matters in relation to 146-155 Ash Road IA (VAHR 7721-1171) ...68 7.1.1 Avoidance of harm .................................................................................................................. 68 7.1.2 Minimisation of harm .............................................................................................................. 68 7.1.3 Management measures ........................................................................................................... 68 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 12 7.2 Section 61 Matters in relation to 160-172 Ash Road IA (VAHR 7721-1174) ...69 7.2.1 Avoidance of harm .................................................................................................................. 69 7.2.2 Minimisation of harm .............................................................................................................. 69 7.2.3 Management measures ........................................................................................................... 69 7.3 Section 61 Matters in relation to 160-172 Ash Road IA2 (VAHR 7721-1172) .70 7.3.1 Avoidance of harm .................................................................................................................. 70 7.3.2 Minimisation of harm .............................................................................................................. 70 7.3.3 Management measures ........................................................................................................... 70 7.4 Section 61 Matters in relation to 160-172 Ash Road IA3 (VAHR 7721-1173) .71 7.4.1 Avoidance of harm .................................................................................................................. 71 7.4.2 Minimisation of harm .............................................................................................................. 71 7.4.3 Management measures ........................................................................................................... 71 7.5 General Requirements ....................................................................................71 7.5.1 Requirement for contingency plans ...................................................................................... 71 7.5.2 Requirement for arrangements for the custody and management of Aboriginal cultural heritage (artefacts) ............................................................................................................................... 71 PART 2 – CULTURAL HERITAGE MANAGEMENT RECOMMENDATIONS ..........72 8 Specific Cultural Heritage Management Requirements .............................72 8.1 146-155 Ash Road IA (VAHR 7721-1171) ......................................................72 8.1.1 Recommendations to avoid harm to 146-155 Ash Road IA (VAHR 7721-1171) ................ 72 8.1.2 Recommendations to minimise harm to 146-155 Ash Road IA (VAHR 7721-1171) .......... 72 8.1.3 Recommendations for the salvage of 146-155 Ash Road IA (VAHR 7721-1171) .............. 72 8.1.4 Recommendations for the removal, curation, custody and management of Aboriginal cultural heritage (artefacts) from 146-155 Ash Road IA (VAHR 7721-1171) ................................... 73 8.2 160-172 Ash Road IA (VAHR 7721-1174) ......................................................74 8.2.1 Recommendations to avoid harm to 160-172 Ash Road IA (VAHR 7721-1174) ................ 74 8.2.2 Recommendations to minimise harm to 160-172 Ash Road IA (VAHR 7721-1174) .......... 74 8.2.3 Recommendations for the salvage of 160-172 Ash Road IA (VAHR 7721-1174) .............. 74 8.2.4 Recommendations for the removal, curation, custody and management of Aboriginal cultural heritage (artefacts) from 160-172 Ash Road IA (VAHR 7721-1174) ................................... 75 8.3 160-172 Ash Road IA2 (VAHR 7721-1172) ....................................................76 8.3.1 Recommendations to avoid harm to 160-172 Ash Road IA2 (VAHR 7721-1172) .............. 76 8.3.2 Recommendations to minimise harm to 160-172 Ash Road IA2 (VAHR 7721-1172) ........ 76 8.3.3 Recommendations for the salvage of 160-172 Ash Road IA2 (VAHR 7721-1172) ............ 76 8.3.4 Recommendations for the removal, curation, custody and management of Aboriginal cultural heritage (artefacts) from 160-172 Ash Road IA2 (VAHR 7721-1172)................................. 76 8.4 160-172 Ash Road IA3 (VAHR 7721-1173) ....................................................76 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 13 8.4.1 Recommendations to avoid harm to 160-172 Ash Road IA3 (VAHR 7721-1173) .............. 76 8.4.2 Recommendations to minimise harm to 160-172 Ash Road IA3 (VAHR 7721-1173) ........ 76 8.4.3 Recommendations for the salvage of 160-172 Ash Road IA3 (VAHR 7721-1173) ............ 77 8.4.4 Recommendations for the removal, curation, custody and management of Aboriginal cultural heritage (artefacts) from 160-172 Ash Road IA3 (VAHR 7721-1173)................................. 77 8.5 Other Recommendations ................................................................................77 8.5.1 Recommendations for cultural awareness training ............................................................ 77 8.5.2 Provisions for Aboriginal people to visit cultural heritage places within the activity area 77 9 Contingency Plans ........................................................................................78 9.1 Contingency regarding Section 61 Matters .....................................................78 9.2 Contingency regarding Dispute Resolution .....................................................78 9.3 Contingency regarding the Discovery of Aboriginal Cultural Heritage .............79 9.3.1 Unexpected discovery of isolated or dispersed scatters of Aboriginal cultural heritage 79 9.3.2 Unexpected discovery of other Aboriginal cultural heritage .............................................. 80 9.3.3 Unexpected discovery of human remains ............................................................................ 81 9.4 Reporting the Discovery of Aboriginal Cultural Heritage during the Activity ....83 9.5 Contingency for the Removal, Curation, Custody and Management of Aboriginal Cultural Heritage (Artefacts) Discovered during the Activity .....................83 9.6 Compliance with the Cultural Heritage Management Plan ..............................85 9.6.1 Reviewing compliance with the Cultural Heritage Management Plan ............................... 85 9.6.2 Remedying non-compliance with the Cultural Heritage Management Plan ...................... 87 Maps..........................................................................................................................88 Appendices ..............................................................................................................99 References .............................................................................................................155 Tables Table 1: Consultation in Relation to the Assessment ............................................................................ 27 Table 2: Consultation in Relation to the Recommendations .............................................................. 28 Table 3: Summary of Previously Identified Sites within 5 km of the Activity Area ........................ 38 Table 4: Archaeological Reports Relevant to the Activity Area ......................................................... 40 Table 5: Effective Coverage Calculation ................................................................................................... 48 Table 6: Stratigraphic Test Pits Excavated within the Activity Area (Map 8, Page 96) ................ 54 Figures Figure 1: Map of Parish of Moolap circa 1869. Activity area falls within sections XV and XVI. 35 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 14 Figure 2: Stratigraphic Profile of STP01.................................................................................. 54 Figure 3: Stratigraphic Profile of STP02.................................................................................. 55 Plans Plan 1: Extent of 146-155 Ash Road IA (VAHR 7721-1171) ................................................... 61 Plan 2: Extent of 160-172 Ash Road IA (VAHR 7721-1174) ................................................... 63 Plan 3: Extent of 160-172 Ash Road IA2 (VAHR 7721-1172) ................................................. 65 Plan 4: Extent of 160-172 Ash Road IA3 (VAHR 7721-1173) ................................................. 67 Maps Map 1: Location of Activity Area ........................................................................................... 89 Map 2: Extent of Activity Area and areas of Aboriginal Cultural Heritage Sensitivity ............. 90 Map 3: Proposed Development Plan .................................................................................... 91 Map 4: Location of the Activity Area and the Relevant Bioregion .......................................... 92 Map 5: Location of the Activity Area and the Relevant Geology ............................................ 93 Map 6: Aboriginal Archaeological Sites Located in the Vicinity of the Activity Area ............... 94 Map 7: Surveyed Areas and Location and Extent of Aboriginal Archaeological Sites Identified During Standard Assessment ....................................................................................... 95 Map 8: Location of Subsurface Testing Transects, Shovel Test Holes and Stratigraphic Test Pits ............................................................................................................................... 96 Map 9: Location and Extent of Aboriginal Archaeological Sites within the Activity Area Identified During the Standard and Complex Assessments ........................................... 97 Map 10: Location of Specific Management Requirements .................................................... 98 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 15 Acknowledgements We thank the following people and organisations for their contribution in the project: Chris Mason (St Quentin Consulting) for project and site information. Chris Wellam (Paisley Manor Pty Ltd) for project and site information. Wathaurung Aboriginal Corporation for assistance in the field, cultural heritage information and evaluation of the report. Aboriginal Affairs Victoria. PROTOCOLS FOR HANDLING SENSITIVE INFORMATION Some of the information contained within this Cultural Heritage Management Plan (CHMP) is culturally sensitive. Before releasing the contents of this CHMP to the public, permission should be sought from the relevant authorities and communities. Cover Photo: Background- 160-172 Ash Road facing west; Top Right: artefact from VAHR 7721-1174; Bottom Right- 134 Ash Road facing north; Left: stratigraphic profile of STP01 (photos by Ecology and Heritage Partners Pty Ltd) Copyright © Ecology and Heritage Partners Pty Ltd This document is subject to copyright and may only be used for the purposes for which it was commissioned. The use or copying of this document in whole or part without the permission of Ecology and Heritage Partners Pty Ltd is an infringement of copyright. Disclaimer Although Ecology and Heritage Partners Pty Ltd have taken all the necessary steps to ensure that an accurate document has been prepared, the company accepts no liability for any damages or loss incurred as a result of reliance placed upon the report and its content. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 16 PART 1 - ASSESSMENT 1 INTRODUCTION 1.1 Background and Scope of Works Ecology and Heritage Partners Pty Ltd was commissioned by St Quentin Consulting and Paisley Manor Pty Ltd to prepare a complex Cultural Heritage Management Plan (CHMP) for the proposed rezoning and subsequent development of land on the western side of Ash Road, Leopold, Victoria (City of Greater Geelong) (Map 1, Page 89). The project brief agreed upon by Ecology and Heritage Partners Pty Ltd and the Sponsor is as follows: Review the relevant heritage databases (e.g. Victorian Aboriginal Heritage Register [VAHR] at Aboriginal Affairs Victoria [AAV], Local Government Heritage Overlays, Heritage Victoria Inventory and Register, National Trust and other relevant available literature; Provide a brief review of land use for the activity area; Conduct a site assessment by a qualified Cultural Heritage Advisor to identify any Aboriginal cultural heritage within the activity area; Identify and provide a series of maps as required for a CHMP showing any Aboriginal archaeological heritage or areas likely to contain Aboriginal cultural heritage; Provide information in relation to any implications of Commonwealth and State environmental legislation and Government policy associated with the proposed development; Discuss any opportunities and constraints associated with the activity area; Liaise with the key stakeholders, the Registered Aboriginal Party (RAP), the Wathaurung Aboriginal Corporation, local government and AAV; and Produce a CHMP suitable for evaluation by the appropriate evaluation party (RAP/s or DPCD). 1.2 Location of Activity Area The activity area is located in Ash Road, Leopold, Victoria (City of Greater Geelong). The activity area is approximately 25.4 ha in size and is bounded by Ash Road to the east, residential properties in the north, farming land to the west, and rural properties in the south. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 17 The cadastral details of the activity area are as follows: Volume #: 8491, Folio #: 585, Lot 3 LP63799, Parish of Moolap. Volume #: 8491, Folio #: 584, Lot 2 LP63799, Parish of Moolap. Volume #: 8509, Folio #: 796, Lot 2 LP65178, Parish of Moolap. Volume #: 8509, Folio #: 795, Lot 1 LP65178, Parish of Moolap. Volume #: 9118, Folio #: 261, Lot 1 LP116751, Parish of Moolap. Volume #: 9118, Folio #: 262, Lot 2 LP116751, Parish of Moolap. Volume #: 8341, Folio #: 436, Lot 2 LP48473, Parish of Moolap. Volume #: 8431, Folio #: 435, Lot 1 LP48473, Parish of Moolap. Volume #: 8390, Folio #: 119, Lot 2 LP87651, Parish of Moolap. Volume #: 8861, Folio #: 599, Lot 1 LP87651, Parish of Moolap. A more detailed description of the activity area is contained within Section 2, Page 24. 1.3 Reasons for Preparing the CHMP This CHMP has been prepared in accordance with Part 4 of the Victorian Aboriginal Heritage Act 2006 and is required by the Victorian Aboriginal Heritage Regulations 2007 (s. 47). The specific Regulations which trigger the requirement for this plan are: Under Regulation 46, the proposed activity is a high impact activity as it involves the subdivision of land; Under Regulation 22, the activity area is located within an area of cultural heritage sensitivity as it is located within 50 metres of two registered cultural heritage places which is/are listed on the Victorian Aboriginal Heritage Register (VAHR): VAHR 7721-1172 (160-172 Ash Road IA2); and VAHR 7721-1173 (160-172 Ash Road IA3) Part or all of the activity area has not been subject to previous significant ground disturbance as defined by the Aboriginal Heritage Regulations 2007 (r. 4). This CHMP does not contain detailed information regarding non-Aboriginal historical heritage issues relating to the activity area. Non-Aboriginal historical heritage issues are dealt Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 18 with in a separate report (Harbour 2012) which has been lodged with the Sponsor and with Heritage Victoria. 1.4 Name of Sponsor The Sponsor of this CHMP is St Quentin Consulting, on behalf of Paisley Manor Pty Ltd (ABN: 94 107 872 251). 1.5 Name of Cultural Heritage Advisors The Cultural Heritage Advisors of this CHMP are Mollie Harbour and Rick Bullers. The authors of this CHMP are Mollie Harbour and Rick Bullers. The quality assurance review was undertaken by Ecology and Heritage Partners Pty Ltd Director/Principal Heritage Advisor Oona Nicolson. The field work was undertaken by Ecology and Heritage Partners Pty Ltd Archaeologists/Cultural Heritage Advisors Mollie Harbour and Terence MacManus. Mapping was provided by Ecology and Heritage Partners Pty Ltd GIS Officers, Amanda Feetham and Bill Fish. Oona Nicolson Oona Nicolson is a Director and the Principal Heritage Advisor at Ecology and Heritage Partners Pty Ltd She is a heritage specialist with over 14 years experience in the archaeological consulting sector, working in Victoria, South Australia, New South Wales, and Tasmania. Oona regularly appears before VCAT and independent panels as an Expert Witness in the areas of Aboriginal and historical heritage. Oona has extensive experience in over 500 projects with a wide variety of clients. Oona’s skills include project management, peer reviews, background research and due diligence assessments, archaeological survey, sub surface testing and salvage excavation, Aboriginal and non-Aboriginal site identification, recording and photography, site significance assessment, development of recommendations to mitigate the impact of development upon Aboriginal and non-Aboriginal historical heritage, flaked stone artefact and historical artefact recording and interpretation, communication and consultation with regulatory bodies (AAV and HV), clients, landowners, RAPs and community representatives, preparation of conservation management plans, expert witness statements, Permits and Consents to Disturb for Heritage Victoria, Historical Heritage Assessments and desktop, standard and complex Aboriginal CHMPs. Her formal qualifications and memberships include: Bachelor of Arts (Honours in Archaeology) – High Distinction (First Class), Flinders University of South Australia (1996). Bachelor of Arts (Australian Archaeology and Australian Studies), Flinders University of South Australia (1995). Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 19 Maritime Archaeology Certificate: Part 1 (Part 2 pending), AIMA and NAS (U.K.). Australian Association of Consulting Archaeologists Inc. (Full Member and 2010 Chairperson of Victorian Chapter). Victorian Planning and Environmental Law Association. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 20 Rick Bullers Rick Bullers has worked as a heritage consultant since 2007, and has managed numerous Aboriginal and historic heritage projects for a variety of clients and developments within Victoria, NSW and SA. Projects include heritage assessments and/or excavations for linear construction projects such as pipelines, sewerage lines and transmission lines, large area heritage assessments for Greenfield developments (e.g. residential subdivision and mining operations), as well as cultural heritage assessments and cultural heritage management plans for large Department of Defence sites. Rick has experience in a variety of tasks, including project management, peer reviews, background research and due diligence assessments, archaeological survey, sub-surface testing and salvage excavation, Aboriginal and non-Aboriginal site identification, recording and photography, site significance assessment, development of recommendations to mitigate the impact of development upon Aboriginal and non-Aboriginal historical heritage, flaked stone artefact and historical artefact recording and interpretation, communication and consultation with regulatory bodies (AAV and HV), clients, landowners, RAPs and community representatives, preparation of conservation management plans, Historical Heritage Assessments and desktop, standard and complex Aboriginal CHMPs. His formal qualifications include: Bachelor of Applied Science Conservation and Park Management), University of South Australia (1994). Graduate Diploma of Maritime Archaeology, Flinders University (2005). Master of Maritime Archaeology, Flinders University (2006). Mollie Harbour Mollie is a qualified archaeologist with over 4 years of practical experience working in Victorian Aboriginal cultural heritage management. Her Honours thesis from Latrobe University involved the examination of Victorian Aboriginal massacre site information, and an update of these archives. Mollie was employed by AAV as part of an Indigenous Cadetship program from 2007 until 2010, and from the end of 2009 was a Heritage Project Officer in AAV’s Barwon-Grampians Ballarat office until 2011. Mollie has experience in a variety of tasks including: project management; archaeological surveying; recording; photography; Aboriginal and non-Aboriginal site identification; flaked stone artefact recording and interpretation; sub surface testing. She has conducted background research; communication and consultation with regulatory bodies (AAV), heritage consultants and their sponsors, landowners, RAPs and community representatives; and has evaluated numerous Aboriginal CHMPs. Her formal qualifications include: Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 21 Honours in Archaeology, LaTrobe University, Victoria (2009). Bachelor of Arts in Archaeology and History, LaTrobe University, Victoria (2008). Bachelor of Arts in Archaeology, Anthropology and History, University of Melbourne, Carlton, VIC. (Transferred Bachelor of Arts degree to LaTrobe University), Victoria (2007). Terence MacManus Terence MacManus is an archaeologist and cultural heritage advisor at Ecology and Heritage Partners Pty Ltd He has worked in a variety of roles for over 30 projects, including developments such as housing estates, pipeline alignments, site surveys and large infrastructure projects. Terence is experienced in a range of tasks related to archaeological research and practice such as background research, archaeological survey, sub surface testing, salvage excavation, Aboriginal and non-Aboriginal site identification, report preparation, and stone artefact analysis and interpretation. His formal qualifications include: Bachelor of Archaeology (Honours) (Second Class A), La Trobe University, Melbourne, Australia (2008). Bachelor of Archaeology, La Trobe University, Melbourne, Australia (2007). 1.6 Name of Owners and Occupiers of the Activity Area The activity area is owned and occupied by the following people: 90 Ash Road - Chris Wellam (owned but not occupied); 110 Ash Road - Dorothy Jones; 112-130 Ash Road - Linda Prosser; 132 Ash Road - Mr Cass; 134 Ash Road - Dennis Walker; 146-155 Ash Road - L. and R. Roberts; 160-172 Ash Road - G. Maroulis; 21 Walkers Road - E. Carter; and 22-30 Walkers Road - R. Colas. 1.7 Registered Aboriginal Parties The RAP for the activity area is the insert Wathaurung Aboriginal Corporation (WAC), trading as Wada Wurrung. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 22 Details of all consultation undertaken with the RAP for the purposes of preparing this CHMP are contained in Section 4, Page 27. There are currently no Native Title claims extending over the activity area and the activity area comprises privately owned land, therefore Native Title has been extinguished. 1.8 Notice of Intent to Prepare a Management Plan Under s. 54 of the Aboriginal Heritage Act 2006, the Sponsor of a CHMP must give notice of their intention to prepare a CHMP. In accordance with s. 54 (1) (a) of the Aboriginal Heritage Act 2006, the Sponsor submitted a Notice of Intent to prepare a Cultural Heritage Management Plan to the Registered Aboriginal Party for the activity area, the WAC, on 24.06.2011. A copy of this Notice is attached in Appendix 1. The RAP responded to this Notice on 06.07.2011 and indicated that they would evaluate this CHMP. A copy of this response is attached in Appendix 1. In accordance with s. 54 (1) (b) of the Aboriginal Heritage Act 2006, the Sponsor submitted a Notice of Intent to prepare a Cultural Heritage Management Plan to the Secretary of the Department of Planning and Community Development (DPCD) on 24.06.2011. A copy of this Notice is attached in Appendix 1. A response to this Notice was submitted to the Sponsor on 29.06.2011. The AAV Management Plan Identifier number for this CHMP is 11776. In addition, in accordance with s. 54 (1) (c) of the Aboriginal Heritage Act 2006, the Sponsor notified the owners and occupiers of the various land parcels in the activity area of the Sponsor’s intention to prepare this CHMP. 1.9 Report Review and Distribution Copies of this CHMP will be lodged with the following organisations: St Quentin Consulting; Paisley Manor Pty Ltd; Wathaurung Aboriginal Corporation; and Aboriginal Affairs Victoria. 1.10 Heritage Legislation An overview of the Aboriginal Heritage Act 2006, the Commonwealth Native Title Act 1993, the Victorian Planning and Environment Act 1987 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 is included in Appendix 2, Page 105. This legislation is subordinate to the Victorian Coroner’s Act 2008 in relation to the discovery of human remains. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 23 2 EXTENT OF ACTIVITY AREA The activity area is located in Ash Road, Leopold, Victoria (City of Greater Geelong). The activity area is approximately 25.4 ha in size and is bounded by Ash Road to the east, residential properties in the north, farming land to the west, and rural properties in the south (Map 2, Page 24). The activity area is located in rural land to the south of Leopold on the Bellarine Peninsula, approximately 10 km to the east of Geelong. Leopold is located on the northern end of the Bellarine Peninsula, between the Outer Harbour of Corio Bay and Lake Connewarre. The activity area is comprised of undulating pastoral land. The activity area situated at 160172 Ash Road contains a residence and large shed, and has a slight rise in the centre of the allotment, along a line of trees that have since been largely removed. A dam is located adjacent to the western fence line. The property is currently being used as a small hobby farm, and potato farming. The property known as 146-155 Ash Road is currently operating as a flower farm, and is known as ‘Flora Post’. The eastern portion of the allotment contains a number of buildings, gravel road and the remainder has been heavily ploughed for a flower plantation, and a dam has been constructed in the western portion. Soil for the dam has come from the property. Properties 112-130 Ash Road, 110 Ash Road and 22-30 Walkers Road are all currently being utilised for cattle grazing, and 110 and 112-130 each contain a residence and shed. Number 134 Ash Road may have been used for grazing in the past, but it is currently vacant. Number 132 Ash Road comprises a residence but no land. Number 21 Walkers Road comprises a residence and a dense plantation of young eucalypt trees. The northernmost property, 90 Ash Road, is situated on a rise with panoramic views across Leopold and extending to Lake Connewarre. The property is sloped downwards in a southwest direction. The northwest corner of the property is the highest point of the entire activity area. A derelict house is situated on the property, alongside a large shed. The property is currently being leased as cattle and horse grazing land. The cadastral details of the activity area are as follows: Volume #: 8491, Folio #: 585, Lot 3 LP63799, Parish of Moolap. Volume #: 8491, Folio #: 584, Lot 2 LP63799, Parish of Moolap. Volume #: 8509, Folio #: 796, Lot 2 LP65178, Parish of Moolap. Volume #: 8509, Folio #: 795, Lot 1 LP65178, Parish of Moolap. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 24 Volume #: 9118, Folio #: 261, Lot 1 LP116751, Parish of Moolap. Volume #: 9118, Folio #: 262, Lot 2 LP116751, Parish of Moolap. Volume #: 8341, Folio #: 436, Lot 2 LP48473, Parish of Moolap. Volume #: 8431, Folio #: 435, Lot 1 LP48473, Parish of Moolap. Volume #: 8390, Folio #: 119, Lot 2 LP87651, Parish of Moolap. Volume #: 8861, Folio #: 599, Lot 1 LP87651, Parish of Moolap. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 25 3 ACTIVITY DESCRIPTION Paisley Manor Pty Ltd seeks to rezone and subsequently develop nine parcels of land on the western side of Ash Road at Leopold, Victoria. The present proposal is for a rezoning of the land, with a view to future development as a residential subdivision. The rezoning itself will have no impact on the ground or any cultural heritage values contained within it. The lands are currently within Farming Zone (FZ) and the application will seek to rezone the lands as Residential 1 Zone (R1Z) similar to lands to the north and west. Paisley Manor Pty Ltd will also seek a Development Plan Overlay (DPO); lands adjoining the western boundary of the application area currently fall under DPO18 (Leopold Urban Expansion Area 2). The specific requirements which must be met by any development within the activity area are described in Appendix 8, Page 150. Paisley Manor has engaged St Quentin to oversee the rezoning application process. As part of the application process, Geelong City Council requires the preparation of a Draft Outline Development Plan (DODP) and a Draft S173 Agreement to be exhibited with the rezoning Amendment. The DODP will need to be supported by an assessment of the archaeological values of the lands. Following rezoning a Detailed Development Plan will be prepared. The future residential subdivision works will impact the surface of the land and buried former land surfaces, and are likely to impact on any Aboriginal cultural heritage located at or close to the areas of development. The development will include the subdivision of land, excavation (levelling), landscaping and clearing to prepare lots, construction of roads and installation of utilities. Walkers Road, currently a gravel road, will be extended to the western boundary of the activity area and will be sealed. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 26 4 DOCUMENTATION OF CONSULTATION The RAP for the activity area is the Wathaurung Aboriginal Corporation (WAC). 4.1 Consultation in Relation to the Assessment The following representatives of the WAC participated in consultation in relation to the assessment: Bonnie Fagan; and Bryon Powell The details of all consultation undertaken in relation to the assessment are presented below (Table 1). Table 1: Consultation in Relation to the Assessment Date Participants Details of Consultation 30.06.2011 Mollie Harbour Ecology Partners Pty. Ltd; Bonnie Fagan WAC. Telephone Request for Project Induction Meeting. 30.06.2011 Mollie Harbour Ecology and Heritage Partners Pty Ltd; WAC. Email Request for representatives to attend complex assessment. 27.07.2011 Chris Mason St Quentin Consulting Mollie Harbour and Rick Bullers Ecology Partners Pty. Ltd; Bonnie Fagan WAC. Meeting Project Induction Meeting. All parties agreed to use the results of the TerraCulture survey, and proceed to complex assessment. 02.08.2011 Chris Mason St Quentin Consulting Mollie Harbour and Rick Bullers Ecology Partners Pty. Ltd; Bonnie Fagan WAC. Meeting Meeting held to discuss results of the survey and proposed subsurface testing methodology. All parties agreed upon the proposed subsurface testing methodology. 03.08.2011 05.08.2011 Mollie Harbour Ecology Partners Pty. Ltd; Bonnie Fagan WAC. Email Email sent to receive approval from WAC regarding the proposed complex assessment methodology. Email received from WAC on 5 August approving the methodology. 16.09.2011 Mollie Harbour Ecology and Heritage Partners Pty Ltd; WAC. Email Request for representatives to attend complex assessment. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 27 Subsurface Testing Program Field representatives approved of the conduct and results of the complex assessment. Field representatives happy to relocate surface artefact 146-155 Ash Road IA (VAHR 7721-1171) from vehicle track to an area of scrub to avoid disturbance. New location recorded on GPS. 4.2 Participation in the Conduct of the Assessment The following representatives of the WAC participated in the fieldwork conducted as part of the assessment, including the survey conducted on 15 April 2011 and 20 September 2011, and the subsurface testing program, conducted on 9, 12 and 15 August, and 20-21 September 2011: Bert Fagan; Jodie McRedmond; Kacie Mitchell; Tammy Gilson; Mick Castrisios; Chris Fry; and Tim Kennedy. 4.3 Consultation in Relation to the Recommendations The following representatives of the WAC participated in consultation in relation to the recommendations: Bonnie Fagan; and Bryon Powell. Table 2: Consultation in Relation to the Recommendations Date Participants Details of Consultation 5.10.2011 Chris Mason St Quentin Consulting Mollie Harbour and Rick Bullers Ecology Partners Pty. Ltd; Bonnie Fagan WAC. Meeting Meeting held to discuss results of the sub surface testing and subsequent cultural heritage recommendations. Conduct and results of complex assessment were agreed to be satisfactory. Recommendations discussed and an outcome was agreed upon. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 28 10.10.11 26.10.2011 22.11.2011 And 1.12.2011 Mollie Harbour Ecology Partners Pty. Ltd; Bonnie Fagan Sean Fagan Bryon Powell WAC. Email and Phone Email sent to receive agreement from WAC regarding the management recommendations. Discussed recommendations with Bryon Powell via phone on 1 December and gained agreement with the management recommendations. 4.4 Summary of Outcomes of Consultation The WAC was consulted during all stages of the archaeological investigation. WAC field representatives participated in all stages of the fieldwork and were satisfied with the conduct and adequacy of the subsurface testing program. Following the subsurface testing program, the fieldwork results were discussed with the RAP and management recommendations were discussed regarding the four isolated artefact sites. Approval was gained from the WAC for artefacts to be reburied in an area of Public Open Space, to avoid disturbance during development. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 29 5 ABORIGINAL CULTURAL HERITAGE ASSESSMENT 5.1 Desktop Assessment The desktop assessment includes research into information relating to Aboriginal cultural heritage in or associated with the activity area. 5.1.1 Environmental context Environmental factors influence how land may have been used in the past. This section reviews the environmental context of the activity area to gain an understanding of environmental factors relevant to Aboriginal cultural heritage. 5.1.1.1 Geographic region The activity area falls within a single geological unit, the Moorabool Viaduct Sands (DPI 2011b). The activity area forms a part of the Otway Plain Bioregion (Map 4, Page 92). This geographic region is relevant to any Aboriginal cultural heritage that may be present within the activity area. The desktop assessment has been undertaken in relation to the Otway Plain bioregion (DPI 2011a). 5.1.1.2 Geomorphology and landforms The Bellarine Peninsula is an uplifted landmass bounded by the Barrabool Fault to the north and the Bellarine Fault along the east. It forms the southern and western boundary of the Port Phillip Sunkland. The southern side of the Peninsula fronts the coast of Bass Strait and its south-eastern point (Point Lonsdale) forms the western heads of the entrance to Port Phillip Bay. Topographically, the landforms on the Bellarine Peninsula vary from vast areas of shallow lakes and low-lying estuary (namely Lake Connewarre and Reedy Lake) to the uplifted tertiary plain in the centre of the Peninsula, and the basalt hills between Drysdale and Portarlington (Bird 1993). Lake Connewarre Lake Connewarre is the largest physiographic feature in the area of the proposed alignment and along with Reedy Lake form substantial wetlands along the course of the Barwon River. Bird (1993) provides the following description: Lake Connewarre is a shallow lagoon bordered on the north and east by bluffs cut into the sandstones of the Moorabool Viaduct Formation underlain by Fyansford Clay, over which there have been landslides, and on the south by low-lying country with subdued ridges of dune calcarenite surmounting a wide lava flow, consisting of Plio-Pleistocene basalt from Mount Duneed. Downstream from Geelong the river Barwon flows across a former lake basin now occupied by extensive rush and reed swamp. This is known as Reedy Lake, and is underlain by Late Pleistocene sediments containing marine shells, Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 30 deposited when the area was submerged by a higher sea level and later covered by Holocene peaty deposits. The Barwon enters Lake Connewarre by way of a small marshy delta, built where reeds have trapped river silt. Tectonic disruption, lava flows, dune accretion, and erosion and deposition by the Barwon River have all contributed to the shaping of this landscape. Lake Connewarre itself has a maximum depth of about 2 m and is saline and tidal. The archaeology of Lake Connewarre is poorly known due to a lack of investigation, but is likely to have been a major focus of past Aboriginal settlement (DPI 2011b). 5.1.1.3 Geology and soils The surface geology of the Bellarine Peninsula consists primarily of sand sheets overlaying Miocene clays (Map 4, Page 93). The hills in the centre of the Peninsula are formed from the oldest sand sheet, which is Tertiary in age. Parts of the Tertiary sand sheet have been weathered to form a ‘gently rolling plain’ and more recent sands of variable depth have in turn covered these. The flat areas at the toe of the plain such as at Clifton Springs also consist of these recent (Quaternary) sands (Wright 1973; Bird 1993). Leopold is located on a notable rise (about 50 m above mean sea level) that probably marks a fault between the flat alluvial plain east of Geelong, and the undulating sand hills that comprise the ‘plateau’ that characterises the central parts of the Bellarine Peninsula. The subject land falls within a single geological unit, the above-mentioned Moorabool Viaduct Sands (DPI 2011b). These Miocene and Early Pliocene sands and clays and equivalent sediments have been described by Abele (1977), who details the variation in localities such as Batesford and Torquay. For the Bellarine Peninsula he notes ‘…sand and sandy clay, commonly ferruginous and at least in part equivalent to the Moorabool Viaduct Sand are widespread on the Bellarine Peninsula’ (1977: 45). This formation is overlain by recent siliceous sand. This sand is dark grey in colour and loosely consolidated and is likely to vary in depth along the alignment. The humic soils associated with the above noted drainage lines and swampy-boggy areas appear to be the only notable variation in the local surface sediments (DPI 2011b). 5.1.1.4 Vegetation The native flora and fauna of the Bellarine Peninsula has been dramatically reduced since European settlement because of the destruction of habitat by farming and more recently, the development of residential and industrial estates. In 1803, Grimes described the northern coastline of the Bellarine Peninsula as ‘gentle rising hills of good land, thinly wooded with low decayen timber’. This provides an indication of the original vegetation of the current subject land. Further, the DSE Biodiversity Interactive maps were accessed and the Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 31 Ecological Vegetation Class for the entire area for 1750 was Grassy Woodland. The 2005 EVC indicates that significant remnants of this vegetation survive, especially in the central east of the subject land, in an area south of Walkers Road. However, most of the subject land has been under cultivation for a century or more. Remnant vegetation is a good indicator of the degree of ground disturbance and the likelihood of buried in situ Aboriginal archaeological deposits (DSE 2011). These types of vegetation would have been utilised by Aboriginal people in the area for the creation of weapons and vessels, and would have supported a range of game that could be hunted for food. 5.1.1.5 Climate The climate of Leopold is characterised by warm dry summers and cold wet winters; temperatures range between an average maximum of 23.3°C and minimum of 16.4°C in January to an average maximum 12.9°C and minimum 7.7°C in July. Rainfall varies between a maximum of 52.8 mm in November and 31.5 mm in February, with annual average rainfalls of 527.1 mm (BOM 2011). 5.1.1.6 Land use history The first European to discover the Bellarine Peninsula was Lieutenant John Murray, who entered the mouth of Port Phillip Bay on 14 February 1802. He sailed around the area for one month and was then forced to return to Sydney due to a lack of supplies. Later in the same year (26 April) Flinders entered and crossed Port Phillip Bay on the Investigator and later landed at Indented Head where he camped and moved further northwest along the Bellarine Peninsula, in the vicinity of Portarlington. He crossed Port Phillip Bay again to investigate the You Yangs, later returning to Indented Head. In early 1803, the Cumberland set sail for Port Phillip with the Surveyor-General Charles Grimes aboard, with the intention of surveying the coast for potential settlement. The men landed at Portarlington and on foot, headed westward and crossed five dry ‘dingles’ before reaching Point Henry. Technically, dingles are deep dells (valleys), usually shaded with trees. These ‘dingles’ could refer to the number of small creeks that head inland from the coast in the Clifton Springs area. Also in 1803 the transports Ocean and the Calcutta arrived at Sorrento, laden with convicts including William Buckley, settlers and marines. The settlement was abandoned due to the poor quality of the soil however, before this, on 27 December 1803, William Buckley escaped from the Sorrento settlement, and went on to live with the Wathaurung for the next 32 years, during which time there was little or no European exploration of the Bellarine Peninsula. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 32 In 1835, Buckley learned of three white men camped at Indented Head, who were part of John Batman’s Port Phillip exploration party. The party went on to explore the area, returning once again and later left three of the exploration party at their base camp. These men made a garden and built a house of sods. After some interaction with the local Aboriginal people, Buckley approached the camp on the 6 July 1835. It was during this time Batman explored the Bellarine Peninsula; he climbed the Bellarine Hills and reported; ‘I found the Hills of a most superior description beyond my most sanguine expectation – the Land Excellent and very rich a light black soil covered with Kangaroo Grass’ (cited in Wynd 1988:6). The early European settlement of the Bellarine Peninsula spread from the west, with Point Henry being an important landing place, and from the eastern or bay end, following in the tracts of Batman and other explorers. Wynd noted that while ‘[M]ost people are aware that 500,000 acres around Melbourne were purchased (through a deed – ‘Batman’s Treaty’), … it is not so well known that in a separate deed 100,000 acres around Geelong, including the whole of the Bellarine Peninsula, were purchased’ (Wynd 1986: 8). Large tracts of land were initially taken up the squatters, many of whom did little more than run stock over loosely defined runs. Mr Thomas Sproat held the ‘Bellarine Hills’ run of 1,280 acres between 1842 and 1852. The Misses’ Newcombe and Drysdale’s ‘Bellarine’ run was some 1,920 acres; this run borders the study area to the west (Spreadborough & Anderson 1983:268-270). As the various land Acts became introduced in the 1840s and 50s, squatting runs began to dissolve and were replaced by small farming allotments purchased by ‘Selectors’. Leopold was originally known as Kensington and, like other small towns on the Peninsula, was established along major roads as settlement grew out from Geelong. Kensington was the name given to the subdivision of 1852, which led to the rise of the township. Within the next three years churches were erected and the town blossomed. By 1885 descriptions of the town were as follows; ‘…a small village, 52 miles S.W. of Melbourne and 12 miles west of Queenscliff, with Connewarre 2 miles S. The district is a good fruit-growing one. There are two churches and a state school, with a population of about 100 persons, within one mile of the post office…’ (cited in Wynd 1988:103). In 1885 the town name was changed due to the apparent confusion with Melbourne’s suburb Kensington and Leopold was chosen, due to its connection with the Royal family. Throughout most of the 20th Century Leopold remained a small township servicing the surrounding rural sector. During the second half of the century and most recently, Leopold has experienced unprecedented urban growth and with this the demise of local farms. An 1869 map of the Parish of Moolap (Figure 1) shows that the activity area comprised two sections of land owned by J.D. Moller and N.K.N Weeks. Since European settlement of the activity area and surrounding region, the land has been utilised for various farming uses Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 33 including grazing, potato farming, hobby farms, and crops. In addition, number 146-155 Ash Road contains a small business associated with the growing of flowers and vegetables, named ‘Flora Post’. The activity area has undergone some ground disturbance associated with farming including houses, storage sheds, fencing, tree planting, cropping, and the construction of a dam in the southern activity area property. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 34 Figure 1: Map of Parish of Moolap circa 1869. Activity area falls within sections XV and XVI. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 35 5.1.2 Aboriginal context The section reviews the Aboriginal context of the activity area and includes an examination of historical and ethnohistorical sources, previously recorded Aboriginal archaeological site types and locations in the geographic region of the activity area, and previous archaeological studies undertaken in the area. Together, these sources of information can be used to formulate a predictive site model concerning what types of sites are most likely to occur in the activity area, and where these are most likely to occur. 5.1.2.1 History and ethnohistory Archaeological evidence suggests that Aboriginal peoples had occupied all of Australia’s environmental zones by 40,000 years BP. The oldest dated archaeological site in Victoria occurs at Keilor in Melbourne. Charcoal from a hearth excavated in 1973 has been dated to 31,000 years BP (uncalibrated) (Flood 1995: 286). More recently, Richards et. al. (2007) obtained dates from the Box Gully site of 32,000 years BP (calibrated). However, as this date is calibrated, it should be noted that the uncalibrated age of the Box Gully site is approximately 27,000 years BP. Leopold falls within the known traditional boundaries of the Wathaurung or Wada wurrung language group, whose territory included the coast west of the Werribee River to Painkalac Creek at Aireys Inlet (Clark 1990). The social and spatial organisation of traditional Aboriginal society has been the subject of considerable debate. It is considered by most that Aboriginal society was organised according to local descent groups called clans. The Wada wurrung language group included at least twenty-five different clans – family units who were associated with specific localities (Clark 1990: 4-5). Wada wurrung clans were patrilineal and organised into moieties belonging to either the Waa (crow) or Bunjil (eaglehawk) moiety – marriage partners were required to belong to different moieties (Clark 1990: 276-277; Barwick 1984: 105). The identity of the clan who occupied the Leopold area is not precisely known but following Clark is likely to be the Bengalat balug, the Bellarine Peninsula peoples. The Barwon River is believed to have provided a natural boundary with the adjoining clan, who may have belonged to the Wada wurrung balug clan, who were associated with the Geelong area. It is thought that the Wada wurrung balug were the clan who adopted William Buckley in 1803 (Clark 1990: 331; Morgan 1852). The accepted documentary evidence for the Bengalat balug is poor. As noted in Clark, the Bengalat balug’s clan location was Indented Head; which is not to say that the clan did not regularly occupy other parts of the Peninsula. Their clan name Bengalat means people from Bengala, the Aboriginal word for Indented Head. The clan head was named Hullamboin and the clan belonged to the Waa moiety (Clark 1990: 317). Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 36 Like their clan organization and religious beliefs, little is known about Wada wurrung settlement patterns and technology. It can be assumed that they were mobile hunters and gatherers whose clans (in this case Bengalat balug) occupied a specific range over which they moved according to subsistence requirements, trading and social obligations. Foods that were seasonally abundant, such as eels, would have been important, as they would have allowed for the coalescing of large numbers of people during which social obligations could be met. In his regional survey of the Bellarine Peninsula, Rhoads (1986) and G. Dunnett (in Rhoads 1986) present exhaustive lists of potential Aboriginal plant and animal resources, noting their habitat and seasonal availability. Leopold is in the middle of the Bellarine Peninsula and it is possible that the Bengalat balug had access to the resources listed for the coast and Port Phillip Bay. Certainly, Lake Connewarre would have been a major focus of hunting and gathering activity. The Wada wurrung clans who lived on the coast were the first to come into direct contact with the ngamadjig/amerjig or white man. This occurred ‘…by at least 1802 when Lieut. John Murray in the Lady Nelson, charted part of Indented Head and named Swan Bay’ (Clark 1990: 227). The clans that occupied the You Yangs, Hovells Creek and Little River were the next Wada wurrung to have direct contact with white explorers; which continued sporadically between 1802 and 1835. 5.1.2.2 Oral history WAC did not volunteer any oral history specific to the activity area. 5.1.3 Database searches The following database searches were conducted: 5.1.3.1 Victorian Aboriginal Heritage Register A search of the Victorian Aboriginal Heritage Register (VAHR) was conducted on 23 March 2011 for sites within a 5 km radius of the activity area. Searching an area with this radius ensured that a relevant and representative sample of information was obtained. No sites are located within a 2 km radius, and 35 sites are registered within a 5 km radius; 29 artefacts scatters, three shell middens, and three scarred trees. There are no registered Aboriginal sites within the activity area itself (Map 6, Page 94). A summary of the relevant Aboriginal archaeological sites appears below (Table 3). Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 37 Table 3: Summary of Previously Identified Sites within 5 km of the Activity Area VAHR Site Number Site Name Site Type Within Activity Area? 7721-0096 Campbell Point 1 BP 85/15 Shell Deposit 3 km south 7721-0622 Bawtree Road 1 Artefact Scatter 2.5 km east 7721-0623 Bawtree Road 2 Artefact Scatter 2.5 km east 7721-0769 Leopold Marina 2 Artefact Scatter 3 km north 3 km north 7721-1027 Point Henry 14 Artefact Scatter west 5.1.3.2 Local Council The activity area is located within the City of Greater Geelong and is governed by the City of Greater Geelong Planning Scheme. Planning schemes set out policies and provisions for the use, development and protection of land. The Heritage Overlay of the City of Greater Planning Scheme was examined. No Aboriginal heritage places listed on the Heritage Overlay are present within the activity area. 5.1.4 Previous archaeological investigations Regional and localised archaeological investigations have established the general character of Aboriginal sites located within the same geographic region as the activity area. This information, together with environmental context, histories of land use and historical and ethnohistorical, can be used to form the basis for a site prediction statement. In 1986, Rhoads (following Stockton) presented a review of and management recommendations for known Aboriginal archaeological sites and archaeologically sensitive landforms for the entire Bellarine Peninsula. Since then, there have been many smaller studies of the local Aboriginal archaeology, the majority of these being along the west coast between Barwon Heads and Queenscliff. Closer to Leopold, there have been few archaeological surveys for Aboriginal heritage values. Webb et al (2004) completed an archaeological assessment for the Leopold to Ocean Grove pipeline duplication. Barwon Water commissioned TerraCulture to undertake an archaeological assessment of a proposed pipeline duplication between Leopold and Ocean Grove. The pipeline commenced approximately 200 m north of the current subject land, heading east from Ash Road. The assessment consisted of a pedestrian survey and sub-surface testing. Although ground visibility was generally poor, two Aboriginal cultural heritage places Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 38 were discovered during the survey, in areas of high ground visibility. VAHR 7721-0622, an artefact scatter, was found at the edge of a paddock with a potato crop; VAHR 7721-0621 was an isolated artefact located on a vehicle track. A further Aboriginal cultural heritage place, VAHR 7721-0623, was found during sub-surface testing. Of the few known sites on Lake Connewarre that were reported on by Gill and Lane (1985), the Campbell Point Midden is clearly the most significant from a scientific perspective. The report was on the excavation and dating of a large shell midden at Point Campbell on the northern shore of Lake Connewarre. The site yielded a radiocarbon date of 5270+/-80 (SUA2153) at 0.78m and a top date of 4070+/-80 (SUA-2152), demonstrating a minimum 1,200 year period of midden accumulation. The midden shells consist predominantly of Ostrea (oyster) and Anadara (cockle). These shellfish inhabited Lake Connewarre during a period of higher sea level, when the lake was a large estuary open to the coast. The Point Campbell shell midden is located northeast of Ash Road, some 4 km from the beginning of the proposed alignment. It is one of very few sites dated for the Bellarine Peninsula and as mentioned demonstrates the mid Holocene occupation of the general area and the use of Lake Connewarre. A summary of archaeological reports relevant to the geographical region of the activity area appears below (Table 4). Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 39 Table 4: Archaeological Reports Relevant to the Activity Area Author Date Report # McBryde, I. 1979 Description and Location Results Diffusion of culture and cultural traits discussed in relation to the exchange of lithics focusing on axe heads in Northern New South Wales and greenstone in Victoria. The Victorian quarry sites of Mt William, Mt Camel and Berrambool extend up to 700km from their source. For all quarries the distribution lies west of the main Dividing Range and east of the lower Murray and Mt Lofty Ranges. The movement of goods could reflect the existence of exchange networks, patterns of seasonal movement within tribal territories and regular meetings. Significantly, material is defined by a broad classification scheme and distribution suggests the incorporation of greenstone trade into existing networks over an extended area. A report on the history of the occupying tribes of Melbourne and Geelong (Wathaurung, Kurung, Wurundjeri, Taungurong and Bunurung), and other Aboriginal people in the study area. This report examines previous archaeological surveys and historical documents to include information on tribal areas, ethnographic and demographic information, current land use of the area by Aborigines, and Aboriginal archaeological sites. Journal article discuss the Campbell Point Midden at Lake Connewarre. The Campbell Point shell midden (7721-0096 [VAHR]) is a very significant Aboriginal site; one of the most important sites on the Bellarine Peninsula. The midden is located on the northern shore of Lake Connewarre, and radiocarbon dating provided a date of between 5270 ±/80 to 4070 ±/80. From these results, Gill and Lane determined that the shell midden accumulated over approximately 1200 years. The midden is one of only a few with dates, and demonstrates mid Holocene occupation of the area. The predominant shells of the midden are Ostrea (oyster) and Anadara (cockle). These shellfish occupied Lake Connewarre during periods of increased sea level. This report aimed to provide an overview and assessment of waterways and floodplains for The Waterways and Drainage Group within Melbourne Water to understand the impact on cultural heritage. The predictive models provided in this report illustrate that waterways and floodplains in and around Melbourne should still be considered highly likely to yield evidence of Aboriginal occupation. Site types considered common are surface artefact scatters, isolated artefacts and scarred trees. Rarer site types are fresh water middens, burials and quarries. 294 Black, C.F. 1984 728 Gill, E. and Lane, L. 1985 Journal Article du Cros, H & Rhodes, D. 1998 1320 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 40 Author Date Report # Description and Location Results Marshall, B. & Schell, P. A desktop investigation of thirty six locations along the Victorian coastline aimed at assessing the impact on cultural heritage by CA/CCG projects and providing future management of Aboriginal resources by CA/CCG projects. Some project areas were defined as having high densities sites and scientifically important due to deposits of Pleistocene age. Isolated artefacts, surface scatters and shell middens were the dominant sites; rarer sites were scarred trees, isolated hearths, quarry/stone sources, fish traps, art sites and human remains. An investigation of the Barwon River Basin’s written archaeological record; further surveys demonstrated low/insufficient records from previous investigations. All parts of the Barwon Basin must be considered archaeological sensitive. The areas of highest sensitivity are the coast, the vicinity of freshwater sources and the foothills of the Otway Range. Site damage is high due to human disturbance, intact or nearly intact sites noted as high priority for protection. East of Grubb Road, Marshall undertook a survey at Marcus Hill, where wind turbines were being proposed. There was no ground visibility in the small paddock (450 x 100 m) and, due to the construction of the adjacent water storage facility, little chance of any in situ archaeological deposits. No Aboriginal archaeological sites were located during the survey but there was little opportunity to examine the surface of the ground. Desktop study along three possible corridors for a ring road around Geelong. 57 sites were recorded within 2.5km of the bypass corridors, although few sites were recorded in the corridors the geomorphologic landforms were used to determine sensitivity; Volcanic Plains low, alluvial plains unknown, Moorabool Hills low, Rivers and Creeks high, Reedy Lake unknown, Corio bay high and point Henry high. Subsurface testing was recommended for all three corridor possibilities. A predictive sensitivity zoning model for the West Victoria Region. Archaeological sites are stated to be virtually everywhere in the study area with the challenge of the report to identify patterns of differing density. The predictive model defined 3 zones of sensitivity. 1) Southern periphery, 2) Northern periphery and 3) Interior. Factors affecting site location in decreasing importance are; proximity to an ecotone, proximity to fresh water, elevation below 200m and flatness of ground. Distance from coast, location of water and elevation were all relative factors in the number of sites. The highest density of sites was 1998 1370 Richards, T & Jordan, J. 1999 856 Marshall, B. 2001 2031 Marshall, B. 2002 2296 McConnell, A., Buckley, K. & Wickman, S. 2002a Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 41 Author Date Report # Description and Location 2705 McConnell, A., Buckley, K. & Wickman, S. Results located at 0-5km from the water, coastal basins at river mouths and damp sclerophyll forest and wet heathland appear to contain high densities. This report sets out a proposal for an Aboriginal Heritage Management System for the West Victoria Region State forest area based on previous projects. The sensitivity for archaeological sites in the area is presented in the subsidiary report (AAV report number 2705) as the reason for the recommendation of this report; which is for the endorsement urgently of the AHMS register. A report assessing the Aboriginal cultural heritage on the Port Phillip coastline and the potential for submerged Pleistocene-early Holocene archaeological sites within Port Phillip and the impacts of the proposed activity on these sites. Channel deepening modifications are proposed within the shipping channels. The coastline of the bay was analysed by selecting nine soil sampling units located within 300 m of the coast. These sample units were intended to provide a representative sample of Port Phillip’s coastal landforms. A desktop assessment of archaeological sites in each sampling unit was carried out. A total of 574 archaeological sites are registered with AAV within 300 m of the Port Phillip coast, the majority of which (81%) are shell middens. 125 sites are within the sampling units selected for this study. Findings show that the majority of the sites in the sampling units (74%) occur within 25 m of the coast; and the majority are located on cliffed sections of the coast, except for Point Cook. It was determined that calcarenite below the Nepean Bay bar may contain Aboriginal cultural heritage. Also, the submerged basalt shelf extending between Williamstown and Point Lillias contains potential for Aboriginal cultural heritage sites. A survey and subsequent subsurface testing for the proposed duplication of the water transfer main between Leopold and Ocean Grove. The assessment consisted of a ground surface survey along the proposed alignment. Two Aboriginal sites (VAHR 7721-0621/22) were identified during the survey; one isolated artefact and one artefact scatter. Prior to subsurface testing, ten geotechnical test pits were 2002b 2704 Rhodes, D. 2003 2533 TerraCulture 2004 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 42 Author Date Report # Description and Location excavated. Subsurface testing occurred along some sections of the alignment- selected on the basis of poor ground visibility and archaeologically sensitive landforms. One additional isolated artefact (VAHR 7721-0623) was found in close proximity to VAHR 7721-0621. 2689 TerraCulture A survey of 702-720 Portarlington Road. This survey was conducted for a proposed residential subdivision approximately 2 km north of the current subject land. No Aboriginal or historical cultural heritage places were identified. However, further archaeological investigations for Aboriginal cultural heritage in the form of sub-surface testing, and additional historical research was recommended. A CHMP for a proposed retirement village and golf course at 402-404 Bellarine Highway, Moolap. Although the study area is located adjacent to Reedy Lake (an area of cultural heritage sensitivity), the activity will take place at a distance greater than 200 m from the lake. No areas of cultural heritage sensitivity were identified within the study area. No Aboriginal cultural heritage was found within the activity area. The assessment determined a low likelihood of Aboriginal cultural heritage sites being affected by the proposed activity. 2006 3430 Chandler, J. 2007 10067 Results Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 43 5.1.5 Aboriginal archaeological site prediction statement The review of the previously recorded Aboriginal archaeological sites and previous archaeological investigations indicates that the most likely site types in the activity area are stone artefacts scatters and isolated artefacts. Other likely site types to occur are shell middens and scarred trees. The following site prediction statement has been formulated from the review of previous assessments. The statement presented is based on a site type approach. Stone Artefact Scatters Stone artefact scatters are likely to occur in the activity area. Stone tools were made by hitting one piece of stone, called a core, with another called a ‘hammerstone’, often a pebble. This would remove a sharp fragment of stone called a flake. Both cores and flakes could be used as tools. New flakes were very sharp, but quickly became blunt during use and had to be sharpened again by further flaking, a process called ‘retouch’. A tool that was retouched has a row of small flake scars along one or more edges. Retouch was also used to shape a tool. Not all types of stone could be used for making tools. The best types of stone are rich in silica, hard and brittle. These include quartzite, chert, flint, silcrete and quartz. Aboriginal people quarried such stone from outcrops of bedrock, or collected it as pebbles from stream beds and beaches. Many flaked stone artefacts found on Aboriginal sites are made from stone types that do not occur naturally in the area. This means they must have been carried over long distances. Stone tools are the most common evidence of past Aboriginal activities in Australia. They occur in many places and are often found with other remains from Aboriginal occupation, such as shell middens and cooking hearths. They are most common near rivers and creeks. It is easier to find them where there is limited vegetation or where the ground surface has been disturbed, for example by erosion. Artefact scatters are the material remains of past Aboriginal people’s activities. Scatter sites usually contain stone artefacts, but other material such as charcoal, animal bone, shell and ochre may also be present. No two scatters are exactly the same. Artefact scatters can be found wherever Aboriginal occupation has occurred in the past. Aboriginal campsites were most frequently located near a reliable source of fresh water, so surface scatters are often found near rivers or streams where erosion or disturbance has exposed an older land surface. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 44 Isolated Artefacts Isolated artefacts are likely to occur in the activity area. Isolated artefacts are stone tools which occur singly and may occur anywhere in the landscape. Surface isolated artefacts may be indicative of further sub surface archaeological deposits. This site type can be found anywhere within the landscape, however, they are more likely to occur within contexts with the same favourable characteristics for stone artefact scatter sites. Scarred Trees Scarred Trees are likely to occur in the activity area. Aboriginal people caused scars on trees by removing bark for various purposes. The scars, which vary in size, expose the sapwood on the trunk or branch of a tree. Scarred trees are found all over Victoria, wherever there are mature native trees, especially box and red gum. They often occur along major rivers, around lakes and on flood plains. Shell Middens Shell middens are likely to occur in the activity area. Shell middens may occur in both freshwater and coastal contexts. Shell middens are accumulations of shell produced by Aboriginal people collecting, cooking and eating shellfish. Shell middens often contain evidence of cooking such as charcoal, ash, fire-stones, burnt earth or burnt clay. Sometimes they also contain animal bones, fish bones, stone tools and Aboriginal burials. Freshwater shell middens are found along river banks and flood plains, near swamps and lakes, and in sand dunes. They are sometimes found in dry areas, where fresh water was once present. Freshwater shell middens usually occur as fairly thin layers or small patches of shell. The shells usually come from both the freshwater mussel (Velesunio ambiguus) and river mussel (Alathyria jacksoni). The shells may be the remains of just one meal or hundreds of meals eaten over thousands of years. Freshwater mussel shells may also be found in Aboriginal oven mounds, but usually only in small quantities. Middens may be visible as scatters of broken mussel shell, exposed along vehicle tracks. If you look closely, you may find mussel shells buried in the surrounding soil. Middens are also commonly visible as scatters of mussel shell eroding down the slopes of dunes. Again, the scatters can usually be traced up the dune to the buried shell layer. Shell fragments in the upcast from rabbit burrows in dunes may also indicate a midden. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 45 Shell middens are also found in many areas along the Victorian coast. They can be located in sheltered positions in the dunes, coastal scrub and woodlands, within rockshelters, or on exposed cliff tops with good vantage points. They can occur near rocky or sandy shores and also close to coastal wetlands, inlets, estuaries, bays and river mouths. Coastal shell middens are found as layers of shell exposed in the sides of dunes, banks or cliff tops, or as scatters of shell exposed on eroded surfaces. They range in size from a few metres across to many hundreds of metres and can consist of a thin, single layer, or multiple layers forming a thick deposit. Aboriginal Burials Aboriginal burial are unlikely to occur in the activity area. Aboriginal burials are normally found as clusters of human bones eroding from the ground, or exposed during ground disturbance. Aboriginal customs for honouring and disposing of the dead varied greatly across Victoria, but burial was common. Aboriginal burial sites normally contain the remains of one or two people, although cemeteries that contain the remains of hundreds of people buried over thousands of years have been found. Sometimes the dead person was buried with personal ornaments and artefacts. Charcoal and ochre are also often found in burial sites. Although Aboriginal burials are quite rare in Victoria, they have been found in almost every kind of landscape, from coastal dunes to mountain valleys. They tend to be near water courses or in dunes surrounding old lake beds. Many burials have been found on high points, such as dune ridges, within surrounding flat plains. They are often near or within Aboriginal occupation sites such as oven mounds, shell middens or artefact scatters. 5.1.6 Desktop assessment - conclusions The desktop assessment revealed that very little archaeological investigation has occurred within the immediate vicinity of the activity area. However, it is considered likely that archaeological sites will be present within the study area due to the proximity of the land to Lake Connewarre, and the activity area’s elevation. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 46 5.2 Standard Assessment The standard assessment includes a ground survey of the activity area to detect the presence of Aboriginal cultural heritage in or associated with the activity area. The activity area was surveyed on 15 April 2011 by TerraCulture Pty Ltd Archaeologist/Cultural Heritage Advisor Monica Toscano, with representatives2 from the WAC. A follow up standard assessment of the eastern portion of 146-155 Ash Road (previously under crop) was undertaken on 20 September 2011 by Ecology and Heritage Partners Pty Ltd Archaeologists/Cultural Heritage Advisors Mollie Harbour and Terence MacManus, with Jodie McRedmond and Tim Kennedy representing the WAC. 5.2.1 Methodology of the standard assessment The survey conducted by TerraCulture took the form of a pedestrian survey in which the participants walked 2 m apart across the majority of the activity area (Map 7, Page 95). The survey of an area previously under crop (at 146-155 Ash Road), conducted by Ecology and Heritage Partners, was walked with participants spaced 5 m apart. All mature native trees within the activity area were examined for evidence of cultural scarring. 5.2.2 Limitations of the standard assessment 5.2.2.1 Ground surface visibility Ground surface visibility across the entire activity area was almost non-existent. In the only location that afforded good ground visibility, two stone artefacts were found. Long grass was found across the activity area; and the front section of 146-155 Ash Road could not be surveyed due by TerraCulture to it being under crop. When this section of 146-155 Ash Road was later surveyed by Ecology and Heritage Partners the ground surface visibility was 100%, and it was evident that the ground had been ploughed. 5.2.3 Results of the standard assessment Overall, ground visibility was found to be almost non-existent. Two stone artefacts were identified: 160-172 Ash Road IA2 (VAHR 7721-1172) and 160-172 Ash Road IA3 (VAHR 7721-1173) in one of only two areas that provided good visibility. Monica Toscano (TerraCulture) was of the opinion that the only reason more artefacts were not found was because of poor ground visibility (see Appendix 7). It was the opinion of the Aboriginal representatives that there was potential for more sites to be found. 2 Names of the Wathaurung representatives were not provided in the TerraCulture survey report. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 47 In addition, several areas of archaeological potential were identified, particularly on the higher ground at 90 Ash Road (Map 7, Page 95). The survey completed by Ecology and Heritage Partners revealed no further cultural heritage material, and no additional areas of cultural heritage likelihood. No scarred trees, caves, cave entrances or rock shelters are present within the activity area. Table 5: Effective Coverage Calculation Landform Total Average Landform Average Landform Isolated Exposure Isolated Exposure GSV (%) GSV (ha) Area (ha) 13.7 25 3.425 0.9 7 10 Upper Slope 4.3 Total 25 Area (ha) Lower Slope Mid Slope GSV (%) Area of Activity Area Surveyed (ha) Percentage of Activity Area Surveyed (%) Effective Coverage (%) 100 14 100.0 31.6 0.7 7 100.0 10.0 10 0.43 4 100.0 10.0 18 4.555 25 100.0 21.8 0.9 100 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 48 Plate 1: View of Activity Area facing dam and soil stockpiles to the west, in the southernmost property. Plate 2: View of Activity Area facing north east, in the southernmost property. Plate 3: View of western portion of 146-155 Ash Road, facing east. Plate 4: View of 134 Ash Road, facing south. Plate 5: View of eastern portion of 146-155 Ash Road, facing west. Plate 6: View of 90 Ash Road, facing east up the slope. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 49 5.2.4 Results of standard assessment The standard assessment identified two isolated artefact sites and an area of cultural heritage likelihood on high ground at 90 Ash Road. As a result, a complex assessment is required to determine the presence and extent, nature and significance of Aboriginal cultural heritage in the activity area. 5.3 Complex Assessment The complex assessment includes the excavation of the activity area to uncover or discover Aboriginal cultural heritage in the activity area. The subsurface testing program was conducted on 9, 12 and 15 August, and between 20-21 September 2011 by Ecology and Heritage Partners Pty Ltd Archaeologists/Cultural Heritage Advisors Mollie Harbour and Terence MacManus, with Bert Fagan, Jodie McRedmond, Kacie Mitchell, Tammy Gilson, Mick Castrisios, Chris Fry and Tim Kennedy representing the WAC. Ecology and Heritage Partners Pty Ltd Archaeologist/Cultural Heritage Advisor Mollie Harbour supervised the excavations. 5.3.1 Aims of the complex assessment The aims of the complex assessment were: To detect the possible presence of Aboriginal cultural heritage in areas of Aboriginal archaeological likelihood within the activity area; and To determine the nature, extent and significance of the Aboriginal archaeological sites identified within the activity area during the standard assessment. 5.3.2 Methodology of the complex assessment 5.3.2.1 Establishing stratigraphy The stratigraphy and general subsurface nature of the activity area was established through controlled hand excavation prior to any other subsurface testing being carried out. A total of two 1 x 1 m stratigraphic test pits (STPs) were excavated in locations representative of the general landform of the area, and at the two surface artefact sites identified during the standard assessment. STPs were located as follows (Map 8, Page 96): STP01 was located at the site of isolated artefact 160-172 Ash Road IA2 (VAHR 7721-1172), located during the standard assessment; and On higher ground at 90 Ash Road. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 50 The STPs were excavated in accordance with proper archaeological guidelines set out by AAV (DPCD 2010), and Burke and Smith (2004). This involved the removal of the excavated soil by hand (trowel) and in arbitrary units of 100 mm depth, stopping after each spit for photographs and recording of the units except where features were uncovered, in which case excavation paused until the feature was identified and recorded appropriately. The base clay was excavated a further 100 mm to confirm archaeologically sterile soil. A summary of the archaeological survey attributes appears in Appendix 3, Page 111. 5.3.2.2 Subsurface testing A stratified random sampling methodology was used, with randomly placed transects across the entire activity area, but with greater sampling emphasis placed on those areas considered more likely to have in situ Aboriginal cultural heritage (i.e. in the vicinity of the two surface artefacts and the higher ground in the northern most paddock). The methodology adopted is described below (Map 8, Page 96). Shovel Testing A total of 89 shovel test holes (STHs), measuring 400 x 400 mm, were excavated across the activity area in the following manner: Three 350 m long transects were established on the sloped ground at 90 Ash Road (the northernmost property); with each transect spaced 50 m apart. STHs were placed along each transect at 50 m intervals; giving a total of 23 STHs (transects A to C). The western portion of transects A and B were an identified area of cultural heritage likelihood. One 250 m long transect was established on the gently sloped ground at 22 Walkers Road, extending easterly across 118 Ash Road. STHs were placed along the transect at 50 m intervals (minus areas of significant ground disturbance) giving a total of 4 STHs per transect (transect F). Four 200 m long transects were established on the gently sloped ground at 110 Ash Road and 22 Walkers Road, and flat ground at 118, 146-155 and 160-172 Ash Road. STHs were placed along each transect at 50 m intervals; giving a total of 18 STHs (transects D, E, I and K). The area of identified cultural heritage likelihood (NW corner of 90 Ash Road) also had one 50 m transect with STHs at 50 m intervals, giving a total 2 STHs (transect Q). Five 150 m long transects were established across flat ground at 146-155 and 160-172 Ash Road. STHs were placed along each transect at 50 m intervals; giving a total of 35 STHs (transects L to O). The remainder of the property was tested by the establishment of two 100 m and one 50 m long transects across flat ground at 134 and 160-172 Ash Road. STHs were placed along each transect at 50 m intervals; giving a total of 35 STHs (transects G, H and J). Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 51 Site Extent Testing Ecology and Heritage Partners could not relocate the two isolated artefact sites identified during the standard assessment conducted by TerraCulture. However, based on the GPS coordinates provide for the sites, the spatial extents of the two identified Aboriginal sites (VAHR 7721-1172 and 7721-1173) were tested by placing 400 x 400 mm shovel test holes (STHs) around the locations of the two sites. Four 400 x 400 mm shovel test holes (STHs) were placed around the location of isolated artefact VAHR 7721-1173. These were positioned 20-25 m NW, SW, SE and NE from the artefact location. STP01 was excavated at the location of isolated artefact VAHR 7721-1172. Transect O was positioned 25 m to the north of the location of the isolated artefact, running west to east. Transect L was positioned 25 m to the south of the location of the isolated artefact, also running west to east. In addition STHs M2 and M3 were also used to test the site extent to the west and east. Four radial test holes (RTHs) were placed around STH L7 where a subsurface artefact was identified (VAHR 7721-1174). These RTHs were placed 5 m north, south, east and west of STH L7. Four RTHs were placed around a surface artefact, which was identified in a vehicle track at 146-155 Ash Road (VAHR 7721-1171). One RTH was excavated underneath the artefact, and three RTHs were placed 5 m north, south and west of the artefact. A fence blocked the placement of a fourth RTH to the east. Using this approach, a total of two STPs, 89 STHs and eight RTHs were excavated. The soil from all test pits (STPs, STHs and RTHs) were manually sieved using 5 mm mesh. The stratigraphy of all test pits was recorded. The stratigraphy of all STPs was also drawn and photographed. A summary of the archaeological survey attributes appears in Appendix 3, Page 111. 5.3.3 Limitations of the complex assessment A radial could not be excavated on the east side of the surface artefact at 146-155 Ash Road (VAHR 7721-1171) due to a fence line and dense trees. 5.3.4 Results of the complex assessment 5.3.4.1 Establishing stratigraphy A total of two 1 x 1 m STPs were excavated within the activity area (Table 6, Page 54 and Map 8, Page 96). STP01 was excavated at the location of isolated artefact site VAHR 7721-1172, within a tree line running through the centre of the western portion of 160-172 Ash Road. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 52 The soil profile consisted of a layer of grey brown loam with small to medium sized ironstone and basalt inclusions, increasing with depth. Small sea shells demonstrative of those found on a sea floor were also present. Underlying context one lies a layer of light yellowish grey sandy silt (more sand than silt) with frequent small to large ironstone and basalt inclusions. The basal layer consisted of mid yellowish orange/grey cemented mottled clay. Charcoal chunks were present, mainly focused in the northern section of the clay base context. Some small basalt and ironstone inclusions were identified, but they decreased with depth. STP02 was excavated on higher ground in the northernmost property of the activity area (90 Ash Road). The soil profile consisted of a layer of dark greyish grey/black sandy clay. Underlying context one lies a layer of yellowish grey sandy clay with glass and ceramic fragments. No natural gravel was present within STP02. The basal layer consisted of mid orange/grey mottled clay. The soil profile of the two STPs was reflected across the entire activity in the excavation of the 89 STHs and 8 RTHs, with minor variations. No Aboriginal cultural heritage was located within either STP. The coordinates of all stratigraphic test pits excavated within the activity area appear in Appendix 4, Page 112. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 53 Table 6: Stratigraphic Test Pits Excavated within the Activity Area (Map 8, Page 96) STP STP01 Coordinates (GDA 94, Zone 55) STP Location Description E 277896 N 5768582 Plate 7: Stratigraphy of STP01 north section Stratigraphic Description 0 to 70 mm: Dark greyish brown/grey firm/compact, fine sandy silt. Inclusions- grass roots 0-50 mm. Moderate/frequent small/medium basalt/quartz/ironstone gravel, increasing with depth and moderate small shells from former sea bed. Munsell 10YR 4/2, pH 6. 70 to 120 mm: Mid greyish brown/grey firm/compact, fine sandy silt. Inclusionsmoderate/frequent small/medium basalt/quartz/ironstone gravel, increasing with depth and infrequent small shells from former sea bed. Munsell 10YR 4/3, pH 6. 120 to 190 mm: Mid yellowish brown/grey cemented, medium sandy clay/sandy silt. Inclusions- frequent small to large basalt/quartz/ironstone gravel (75% gravel, 25% soil). Munsell 10YR 4/4, pH 6.190 to 250 mm: Light yellowish grey cemented, medium sandy clay/sandy silt. Inclusionsfrequent small to large basalt/quartz/ironstone gravel (75% gravel, 25% soil). Munsell 4/3, pH 6.5. 250 to 260 mm: Light/mid reddish/yellowish orange/grey cemented, fine mottled clay. Inclusions- frequent small/medium basalt/quartz/ironstone gravel (50% clay, 50% gravel). Some very dark orange/red clay mottling. Munsell 3/2 mottled with 5/8, pH 7. Aboriginal Site Name Artefact QTY Material type Artefact Depth No Aboriginal sites identified Figure 2: Stratigraphic Profile of STP01 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 54 STP STP02 Coordinates (GDA 94, Zone 55) STP Location Description E 278083 N 5769064 Stratigraphic Description 0 to 110 mm: Dark greyish grey/black firm, medium sandy clay. Inclusions- dense grass roots; pottery fragment. Munsell 2/1, pH 6. Aboriginal Site Name Artefact QTY Material type Artefact Depth No Aboriginal sites identified 110 to 200 mm: Mid greyish grey firm, fine sandy clay. Inclusions- some yellow sand inclusions; pottery and glass fragments. Very infrequent small basalt/quartz/ironstone gravel. Munsell 3/2, pH 6. Plate 8: Stratigraphy of STP02 north section 200 to 230 mm: Mid greyish orange/grey firm, fine mottled clay. Munsell 3/2 mottled with 4/6, pH 6. Figure 3: Stratigraphic Profile of STP02 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 55 5.3.4.2 Subsurface testing A total of 89 shovel test holes (STHs), measuring 400 mm x 400 mm, were excavated from 17 transects and eight radial test holes (RTHs) Appendix 4 and (Map 8, Page 96). The excavation located one artefact from one shovel test hole at 160-172 Ash Road (VAHR 7721-1174) and one surface artefact located in a vehicle track at 146-155 Ash Road (VAHR 7721-1171). These two isolated artefact sites are discussed in detail in Section 6, Page 58. The coordinates of each transect start and end points appear in Appendix 4, while the coordinates of all shovel test pits excavated within the activity area appear in Appendix 4, Page 112. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 56 5.3.5 Complex assessment - conclusions The excavation located one artefact from one shovel test hole at 160-172 Ash Road (VAHR 7721-1174) and one surface artefact located in a vehicle track at 146-155 Ash Road (VAHR 7721-1171). Two isolated surface artefacts had been previously identified during the standard assessment (Map 7, Page 95). The desktop assessment revealed that very little archaeological investigation has occurred within the immediate vicinity of the activity area. However, it was considered likely that archaeological sites would be present within the study area due to the proximity of the land to Lake Connewarre, and the activity area’s elevation. The standard assessment confirmed this prediction, with the identification of two sites, and further cultural heritage was identified during the complex assessment. The complex assessment tested the entire activity area for further Aboriginal archaeological sites, and identified a total of four isolated artefact sites. Subsurface extent testing at the site of the four isolated artefacts did not reveal further archaeological deposits. The lack of substantial artefact scatters within the activity area can perhaps be explained by the lack of water sources in the immediate vicinity of the activity area. The closest water source is Lake Connewarre, located approximately 500 m south of the activity area. It has been widely demonstrated that the highest concentration of Aboriginal sites occur within 200 m of a permanent water source. It is thought that the activity area was once inundated during a period of high sea levels at the end of the Last Ice Age. Marine shell deposits were found in the southern portion of the activity area, reminiscent of those present on sea beds. These shells are non-artefactual. As discussed by Bird (1993) the Leopold area is ‘underlain by Late Pleistocene sediments containing marine shells, deposited when the area was submerged by a higher sea level and later covered by Holocene peaty deposits’. Gill and Lane’s (1985) report on the Campbell Point Midden demonstrated that during a period of higher sea level, the lake was a large estuary open to the coast. The full details of all Aboriginal cultural heritage present within the activity area are presented in Section 6, Page 58. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 57 6 DETAILS OF ABORIGINAL CULTURAL HERITAGE IN THE ACTIVITY AREA 6.1 Aboriginal Cultural Heritage in the Activity Area Four Aboriginal archaeological sites are present within the activity area: 146-155 Ash Road IA (VAHR 7721-1171); 160-172 Ash Road IA (VAHR 7721-1174); 160-172 Ash Road IA2 (VAHR 7721-1172); and 160-172 Ash Road IA3 (VAHR 7721-1173) (Map 9, Page 97). The site gazetteer in Appendix 5, Page 116 presents a summary of the sites, and the artefact analysis is presented in Appendix 6, Page 143. 6.1.1 Assessment of the Aboriginal cultural heritage 6.1.1.1 Site formation processes Site formation processes were assessed through a study of the landform, soil types, stratigraphy and taphonomic processes. As all four sites are isolated artefacts (three of which were found on the ground surface) site formation processes were difficult to predict. The three surface artefacts were determined to be in disturbed contexts (a fence line, vehicle track and pre-existing tree line). 6.1.1.2 Artefact analysis The artefact analysis focused on determining patterns of raw material use, technology and typology. Attributes recorded for each artefact include: Raw material, type and colour; Tool type (where applicable); Flake scars (where applicable); Fracture type; Platform quantity, type, width and thickness (where applicable); Termination type (where applicable); Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 58 Retouch type (where applicable); Retouch location (where applicable); and Dimensions and mass. 6.1.2 RAP information regarding the Aboriginal cultural heritage The WAC did not have any oral histories relating to the activity area for inclusion in this report. 6.1.3 Results of the Assessment of the Aboriginal cultural heritage Four Aboriginal archaeological sites are present within the activity area: 146-155 Ash Road IA (VAHR 7721-1171); 160-172 Ash Road IA (VAHR 7721-1174); 160-172 Ash Road IA2 (VAHR 7721-1172); and 160-172 Ash Road IA3 (VAHR 7721-1173) (Map 9, Page 97). It was considered highly likely that archaeological sites would be present within the study area due to the proximity of the land to Lake Connewarre, and the activity area’s elevation. The standard assessment confirmed this prediction, with the identification of two sites, and further cultural heritage was identified during the complex assessment. All four sites comprise isolated artefacts; one subsurface artefact and three surface artefacts located in areas of good ground surface visibility. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 59 6.2 146-155 Ash Road IA (VAHR 7721-1171) 6.2.1 Location of 146-155 Ash Road IA (VAHR 7721-1171) Primary Grid Coordinate: GDA 94, Zone 55, E 277923, N 5768727. Volume #: 9118, Folio #: 261, Lot 1 LP116751, Parish of Moolap. 6.2.2 Extent of 146-155 Ash Road IA (VAHR 7721-1171) The site is an isolated artefact, found on the ground surface (Map 9, Page 97; Plan 1 and Plates 9 and 10). 6.2.3 Nature of 146-155 Ash Road IA (VAHR 7721-1171) The surface artefact identified during the complex assessment represents a conchoidallyflaked pinkish-grey silcrete utilised flake, with the evidence of use preserved as use-wear on the Q4 margin. The tool blank is a whole flake, and the tool preserves both the platform and the flake, characterised as plain and feather types respectively. The site was identified in a disturbed context, being located on a rough track running on the eastern side of a dam, on the outer margins of the excavated overburden. It is possible that the artefact may have been affected by the construction of this dam and the use of the track, resulting in the artefact being moved from its original in situ location. Although the area was subsequently surveyed and tested through the excavation of four shovel test holes, no additional artefacts were identified on the surface or in sub-surface contexts. 6.2.4 Significance of 146-155 Ash Road IA (VAHR 7721-1171) Flakes are a ubiquitous component of the Australian Aboriginal archaeological record, and sites consisting of a single flaked stone artefact are not generally useful in regards to interpreting site use or chronology. Additionally, utilised flakes are an artefact type which is common throughout Aboriginal archaeological sites of all types and ages across Victoria. Therefore, the site is regarded to have a low scientific significance. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 60 Plan 1: Extent of 146-155 Ash Road IA (VAHR 7721-1171) Plate 9: View of 146-155 Ash Road IA (VAHR 7721-1171) and RTHs, facing north. Plate 10: Artefact from 146-155 Ash Road IA (VAHR 7721-1171). Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 61 6.3 160-172 Ash Road IA (VAHR 7721-1174) 6.3.1 Location of 160-172 Ash Road IA (VAHR 7721-1174) Primary Grid Coordinate: GDA 94, Zone 55, E 277991, N 5768554. Volume #: 9118, Folio #: 262, Lot 2 LP116751, Parish of Moolap. 6.3.2 Extent of 160-172 Ash Road IA (VAHR 7721-1174) The site is an isolated artefact, found on the in a subsurface context (Map 9, Page 97; Plan 2 and Plates 11 and 12). 6.3.3 Nature of 160-172 Ash Road IA (VAHR 7721-1174) The artefact identified during the complex assessment represents a conchoidally-flaked dark grey very fine waxy chert (possibly) distal flake, with the evidence of possible use preserved as on the Q4 margin. The flake presents a notch, which forms a point at the distal end, and the flake preserves its feather termination type. The site was identified in the southernmost property of the activity area, on slightly higher ground at 160-172 Ash Road. The site lies nearby to the southern boundary of the property. Although the area was subsequently surveyed and tested through the excavation of four radial shovel test holes, no additional artefacts were identified on the surface or in sub-surface contexts. 6.3.4 Significance of 160-172 Ash Road IA (VAHR 7721-1174) Flakes are a ubiquitous component of the Australian Aboriginal archaeological record, and sites consisting of a single flaked stone artefact are not generally useful in regards to interpreting site use or chronology. Additionally, utilised flakes are an artefact type which is common throughout Aboriginal archaeological sites of all types and ages across Victoria. Therefore, the site is regarded to have a low scientific significance. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 62 Plan 2: Extent of 160-172 Ash Road IA (VAHR 7721-1174) Plate 11: Artefact from 160-172 Ash Road IA (VAHR 7721-1174). Plate 12: Artefact from 160-172 Ash Road IA (VAHR 7721-1174). Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 63 6.4 160-172 Ash Road IA2 (VAHR 7721-1172) 6.4.1 Location of 160-172 Ash Road IA2 (VAHR 7721-1172) Primary Grid Coordinate: GDA 94, Zone 55, E 277937, N 5768634. Volume #: 9118, Folio #: 262, Lot 2 LP116751, Parish of Moolap. 6.4.2 Extent of 160-172 Ash Road IA2 (VAHR 7721-1172) Site 160-172 Ash Road IA2 (VAHR 7721-1172) is located in the centre of a pre-existing tree line, now cut down (Map 9, Page 97; Plan 3 and Plate 13). 6.4.3 Nature of 160-172 Ash Road IA2 7721-1172 [VAHR]) The isolated artefact is located in an area of good ground surface visibility; however the artefact could not be relocated during the complex assessment. Further details regarding the nature of the isolated artefact were not provided by Terra Culture. 6.4.4 Significance of 160-172 Ash Road IA2 (VAHR 7721-1172) Flakes are a ubiquitous component of the Australian Aboriginal archaeological record, and sites consisting of a single flaked stone artefact are not generally useful in regards to interpreting site use or chronology. Additionally, utilised flakes are an artefact type which is common throughout Aboriginal archaeological sites of all types and ages across Victoria. Therefore, the site is regarded to have a low scientific significance. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 64 Plan 3: Extent of 160-172 Ash Road IA2 (VAHR 7721-1172) Plate 13: View of 160-172 Ash Road IA2 (VAHR 7721-1172). Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 65 6.5 160-172 Ash Road IA3 (VAHR 7721-1173) 6.5.1 Location of 160-172 Ash Road IA3 (VAHR 7721-1173) Primary Grid Coordinate: GDA 94, Zone 55, E 277888, N 5768581. Volume #: 9118, Folio #: 262, Lot 2 LP116751, Parish of Moolap. 6.5.2 Extent of 160-172 Ash Road IA3 (VAHR 7721-1173) Site 160-172 Ash Road IA3 was located at approximately the centre of the northern fence line in an area of good ground surface visibility (Map 9, Page 97; Plan 3 and Plate 14). 6.5.3 Nature of 160-172 Ash Road IA3 (VAHR 7721-1173) The isolated artefact is located in an area of good ground surface visibility; however the artefact could not be relocated during the complex assessment. Further details regarding the nature of the isolated artefact were not provided by Terra Culture. 6.5.4 Significance of 160-172 Ash Road IA3 (VAHR 7721-1173) Flakes are a ubiquitous component of the Australian Aboriginal archaeological record, and sites consisting of a single flaked stone artefact are not generally useful in regards to interpreting site use or chronology. Additionally, utilised flakes are an artefact type which is common throughout Aboriginal archaeological sites of all types and ages across Victoria. Therefore, the site is regarded to have a low scientific significance. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 66 Plan 4: Extent of 160-172 Ash Road IA3 (VAHR 7721-1173) Plate 14: View of 160-172 Ash Road IA3 (VAHR 7721-1173). Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 67 7 CONSIDERATION OF SECTION 61 MATTERS – IMPACT ASSESSMENT 7.1 Section 61 Matters in relation to 146-155 Ash Road IA (VAHR 7721-1171) 7.1.1 Avoidance of harm A development plan for the activity area is not currently available; however it is likely that harm to site 146-155 Ash Road IA (VAHR 7721-1171) will occur in the form of significant ground disturbing earthworks (Map 9, Page 97). 7.1.2 Minimisation of harm Harm to site 146-155 Ash Road IA (VAHR 7721-1171) cannot be avoided. As the site is of low significance minimisation of harm is not considered appropriate. 7.1.3 Management measures The surface artefact will be salvaged by the WAC following the approval of this CHMP and the artefact will be reburied in an allocated area of public open space approximately 30 m south of isolated artefact site 160-172 Ash Road IA (VAHR 7721-1174). Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 68 7.2 Section 61 Matters in relation to 160-172 Ash Road IA (VAHR 7721-1174) 7.2.1 Avoidance of harm A development plan for the activity area is not currently available; however it is likely that harm to site 160-172 Ash Road IA (VAHR 7721-1174) will occur in the form of significant ground disturbing earthworks (Map 9, Page 97). 7.2.2 Minimisation of harm Harm to site 160-172 Ash Road IA (VAHR 7721-1174) cannot be avoided. As the site is of low significance minimisation of harm is not considered appropriate. 7.2.3 Management measures Custody of the subsurface artefact will be given to the WAC following the approval of this CHMP and the artefact will be reburied in an allocated area of public open space approximately 30 m south of isolated artefact site 160-172 Ash Road IA (VAHR 7721-1174). Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 69 7.3 Section 61 Matters in relation to 160-172 Ash Road IA2 (VAHR 7721-1172) 7.3.1 Avoidance of harm A development plan for the activity area is not currently available; however it is likely that harm to site 160-172 Ash Road IA2 (VAHR 7721-1172) will occur in the form of significant ground disturbing earthworks (Map 9, Page 97). 7.3.2 Minimisation of harm Harm to site 160-172 Ash Road IA2 (VAHR 7721-1172) cannot be avoided. As the site is of low significance minimisation of harm is not considered appropriate. 7.3.3 Management measures As the surface artefact could not be relocated, no further management measures are required. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 70 7.4 Section 61 Matters in relation to 160-172 Ash Road IA3 (VAHR 7721-1173) 7.4.1 Avoidance of harm A development plan for the activity area is not currently available; however it is likely that harm to site 160-172 Ash Road IA3 (VAHR 7721-1173) will occur in the form of significant ground disturbing earthworks (Map 9, Page 97). 7.4.2 Minimisation of harm Harm to site 160-172 Ash Road IA3 (VAHR 7721-1173) cannot be avoided. As the site is of low significance minimisation of harm is not considered appropriate. 7.4.3 Management measures As the surface artefact could not be relocated, no further management measures are required. 7.5 General Requirements 7.5.1 Requirement for contingency plans In accordance with Clause 13(1) Schedule 2 of the Aboriginal Heritage Regulations 2007, the CHMP must contain contingency plans for: The matters referred to in Section 61 of the Aboriginal Heritage Act 2006; The resolution of any disputes between the Sponsor and relevant Registered Aboriginal Party in relation to the implementation of the CHMP or the conduct of the activity; The discovery of Aboriginal cultural heritage during the activity; The notification of the discovery of Aboriginal cultural heritage during the carrying out of the activity; The management of Aboriginal cultural heritage found during the activity; and Reviewing compliance with the CHMP and mechanisms for remedying noncompliance. 7.5.2 Requirement for arrangements for the custody and management of Aboriginal cultural heritage (artefacts) As Aboriginal artefacts were recovered from 4 Aboriginal archaeological sites within the activity area, and salvage excavations are required for 3 Aboriginal archaeological sites within the activity area, there is a requirement for arrangements for the custody and management of Aboriginal cultural heritage. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 71 PART 2 – CULTURAL HERITAGE MANAGEMENT RECOMMENDATIONS Note: These recommendations become compliance requirements once this Cultural Heritage Management Plan is approved. 8 SPECIFIC CULTURAL HERITAGE MANAGEMENT REQUIREMENTS 8.1 146-155 Ash Road IA (VAHR 7721-1171) The site is an isolated artefact, found on the ground surface (Map 9, Page 97; Plan 1 and Plates 9 and 10). 8.1.1 Recommendations to avoid harm to 146-155 Ash Road IA (VAHR 7721-1171) Harm to 146-155 Ash Road IA (VAHR 7721-1171) cannot be avoided. 8.1.2 Recommendations to minimise harm to 146-155 Ash Road IA (VAHR 7721-1171) Harm to 146-155 Ash Road IA (VAHR 7721-1171) cannot be avoided. 8.1.3 Recommendations for the salvage of 146-155 Ash Road IA (VAHR 7721-1171) The activity cannot avoid impacting upon the Aboriginal archaeological site 146-155 Ash Road IA (VAHR 7721-1171), therefore the following salvage and reburial program is recommended prior to any construction works in the activity area commencing: A surface salvage will be implemented to salvage the surface artefact at this site (Map 10, Page 98). Subsurface testing at the site did not identify a subsurface component to this site, therefore a salvage excavation is not considered to be warranted. Custody of the Aboriginal cultural heritage from 146-155 Ash Road IA (VAHR 77211171) shall be given to the WAC, and the artefact will be reburied in an allocated area of public open space approximately 30 m south of isolated artefact site 160-172 Ash Road IA (VAHR 7721-1174) after landscaping works are completed (Map 10, Page 98); It is suggested low root stock plantings take place. Future maintenance of this area should be minimal. There is no requirement for the placement of geofabric. No underground infrastructure is to be installed at the allocated reburial location. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 72 Machines are not to drive through, scrape or excavate the reserved parts of the site after artefact reburial. After completion of the salvage works the Cultural Heritage Advisor shall provide AAV with an artefact collection form detailing the new conditions of the isolated artefact site, and the artefacts will be returned to the WAC. 8.1.4 Recommendations for the removal, curation, custody and management of Aboriginal cultural heritage (artefacts) from 146-155 Ash Road IA (VAHR 7721-1171) The custody of the Aboriginal cultural heritage from site 146-155 Ash Road IA (VAHR 77211171), including all material which has already been collected and material to be collected or excavated as part of the salvage works must comply with the Aboriginal Heritage Act 2006 and be assigned to the RAP responsible for the activity area, namely the WAC. Ecology and Heritage Partners Pty Ltd currently has custody of material excavated during the course of preparing this CHMP, and the Cultural Heritage Advisor selected by the Sponsor to undertake the salvage works will have initial custody of all material excavated or collected as part of salvage works. It should be noted that any Cultural Heritage Advisor engaged to investigate any Aboriginal cultural heritage should be able to retain initial custody of Aboriginal cultural heritage for a reasonable period of time for the purposes of analysis. In accordance with the Aboriginal Heritage Act 2006, during the period that the Cultural Heritage Advisor has custody of the Aboriginal cultural heritage, the Cultural Heritage Advisor must: Label and package collected artefactual material with reference to provenance; and Arrange storage of the material in a secure location together with copies of the catalogue, assessment documentation, management plan and results of the analysis. Following the repatriation of Aboriginal cultural heritage held by the Cultural Heritage Advisor to the RAP, should the RAP wish to rebury the Aboriginal cultural heritage, the following must take place: The site record card must be updated, including an object collection component form; The reburial location must be known, relocatable and in an area which is protected from future development or disturbance; Where possible, the Aboriginal cultural heritage should be reburied within the boundaries of the Aboriginal archaeological site from which the Aboriginal cultural heritage was originally excavated. In this instance, it has been agreed between the Sponsor and the RAP that the Aboriginal cultural heritage from 146-155 Ash Road IA (VAHR 7721-1171) shall be Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 73 reburied in an allocated area of public open space approximately 30 m south of isolated artefact site 160-172 Ash Road IA (VAHR 7721-1174) (Map 10, Page 98); Artefacts must be reburied in a durable container which may or may not be open bottomed to allow contact between the artefacts and the soil whilst allowing the reburied material to be readily identified as such; and An additional enclosed durable container must be buried next to the artefacts which contains copies of all documentation relating to the artefacts, including a copy of the relevant site card, artefact database, this CHMP and any salvage report. 8.2 160-172 Ash Road IA (VAHR 7721-1174) The site is an isolated artefact, found on the in a subsurface context (Map 9, Page 97; Plan 2 and Plates 11 and 12). 8.2.1 Recommendations to avoid harm to 160-172 Ash Road IA (VAHR 7721-1174) Harm to 160-172 Ash Road IA (VAHR 7721-1174) cannot be avoided. 8.2.2 Recommendations to minimise harm to 160-172 Ash Road IA (VAHR 7721-1174) Harm to 160-172 Ash Road IA (VAHR 7721-1174) cannot be avoided. 8.2.3 Recommendations for the salvage of 160-172 Ash Road IA (VAHR 7721-1174) The activity cannot avoid impacting upon the Aboriginal archaeological site 160-172 Ash Road IA (VAHR 7721-1174). Radial shovel test holes were excavated around the isolated artefact to determine the site extent and no further artefacts were found, therefore salvage is not required. Custody of the isolated artefact (VAHR 7721-1174) will be given to the WAC prior to works commencing, and reburial of the artefact is recommended after landscaping works are completed: The artefact will be reburied in an allocated area of public open space approximately 30 m south of isolated artefact site 160-172 Ash Road IA (VAHR 7721-1174) after landscaping works are completed (Map 10, Page 98); It is suggested low root stock plantings take place. Future maintenance of this area should be minimal. There is no requirement for the placement of geofabric. No underground infrastructure is to be installed at the allocated reburial location. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 74 Machines are not to drive through, scrape or excavate the reserved parts of the site after artefact reburial. 8.2.4 Recommendations for the removal, curation, custody and management of Aboriginal cultural heritage (artefacts) from 160-172 Ash Road IA (VAHR 7721-1174) The custody of the Aboriginal cultural heritage from site 160-172 Ash Road IA (VAHR 77211174), including all material which has already been collected and material to be collected or excavated as part of the salvage works must comply with the Aboriginal Heritage Act 2006 and be assigned to the RAP responsible for the activity area, namely the WAC. Ecology and Heritage Partners Pty Ltd currently has custody of material excavated during the course of preparing this CHMP, and the Cultural Heritage Advisor selected by the Sponsor to undertake the salvage works will have initial custody of all material excavated or collected as part of salvage works. It should be noted that any Cultural Heritage Advisor engaged to investigate any Aboriginal cultural heritage should be able to retain initial custody of Aboriginal cultural heritage for a reasonable period of time for the purposes of analysis. In accordance with the Aboriginal Heritage Act 2006, during the period that the Cultural Heritage Advisor has custody of the Aboriginal cultural heritage, the Cultural Heritage Advisor must: Label and package collected artefactual material with reference to provenance; and Arrange storage of the material in a secure location together with copies of the catalogue, assessment documentation, management plan and results of the analysis. Following the repatriation of Aboriginal cultural heritage held by the Cultural Heritage Advisor to the RAP, should the RAP wish to rebury the Aboriginal cultural heritage, the following must take place: The site record card must be updated, including an object collection component form; The reburial location must be known, relocatable and in an area which is protected from future development or disturbance; Where possible, the Aboriginal cultural heritage should be reburied within the boundaries of the Aboriginal archaeological site from which the Aboriginal cultural heritage was originally excavated. In this instance, it has been agreed between the Sponsor and the RAP that the Aboriginal cultural heritage from 160-172 Ash Road IA (VAHR 7721-1174) shall be reburied in an allocated area of public open space approximately 30 m south of isolated artefact site 160-172 Ash Road IA (VAHR 7721-1174) (Map 10, Page 98); Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 75 Artefacts must be reburied in a durable container which may or may not be open bottomed to allow contact between the artefacts and the soil whilst allowing the reburied material to be readily identified as such; and An additional enclosed durable container must be buried next to the artefacts which contains copies of all documentation relating to the artefacts, including a copy of the relevant site card, artefact database, this CHMP and any salvage report. 8.3 160-172 Ash Road IA2 (VAHR 7721-1172) Site 160-172 Ash Road IA2 (VAHR 7721-1172) is located in the centre of a pre-existing tree line, now cut down (Map 9, Page 97; Plan 3 and Plate 13). 8.3.1 Recommendations to avoid harm to 160-172 Ash Road IA2 (VAHR 7721-1172) Harm to 160-172 Ash Road IA2 (VAHR 7721-1172) cannot be avoided. 8.3.2 Recommendations to minimise harm to 160-172 Ash Road IA2 (VAHR 7721-1172) Harm to 160-172 Ash Road IA2 (VAHR 7721-1172) cannot be avoided. 8.3.3 Recommendations for the salvage of 160-172 Ash Road IA2 (VAHR 7721-1172) As the surface artefact could not be relocated, no further recommendations are required. 8.3.4 Recommendations for the removal, curation, custody and management of Aboriginal cultural heritage (artefacts) from 160-172 Ash Road IA2 (VAHR 7721-1172) As the surface artefact could not be relocated, no further recommendations are required. 8.4 160-172 Ash Road IA3 (VAHR 7721-1173) Site 160-172 Ash Road IA3 was located at approximately the centre of the northern fence line in an area of good ground surface visibility (Map 9, Page 97; Plan 3 and Plate 14). 8.4.1 Recommendations to avoid harm to 160-172 Ash Road IA3 (VAHR 7721-1173) Harm to 160-172 Ash Road IA3 (VAHR 7721-1173) cannot be avoided. 8.4.2 Recommendations to minimise harm to 160-172 Ash Road IA3 (VAHR 7721-1173) Harm to 160-172 Ash Road IA3 (VAHR 7721-1173) cannot be avoided. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 76 8.4.3 Recommendations for the salvage of 160-172 Ash Road IA3 (VAHR 7721-1173) As the surface artefact could not be relocated, no further recommendations are required. 8.4.4 Recommendations for the removal, curation, custody and management of Aboriginal cultural heritage (artefacts) from 160-172 Ash Road IA3 (VAHR 7721-1173) As the surface artefact could not be relocated, no further recommendations are required. 8.5 Other Recommendations 8.5.1 Recommendations for cultural awareness training It is recommended that a Cultural Heritage Induction Booklet containing Part 2 of this CHMP and all relevant maps is produced by a Cultural Heritage Advisor and presented to all employees and contractors working within the activity area prior to the commencement of the activity. Costs of any such induction are to be borne by the Sponsor. 8.5.2 Provisions for Aboriginal people to visit cultural heritage places within the activity area Aboriginal people are permitted to visit cultural heritage places within the activity area which are located on public land. Aboriginal people are not permitted to visit cultural heritage places within the activity area that are located on residential lots. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 77 9 CONTINGENCY PLANS 9.1 Contingency regarding Section 61 Matters Under the Aboriginal Heritage Regulations 2007 (Schedule 2(13)), a CHMP must contain contingency plans for the matters referred to in Section 61 of the Aboriginal Heritage Act 2006. This CHMP contains contingency plans which are specific to the activity and activity area described within this CHMP. If changes to the activity or the activity area which require statutory authorisation occur following the approval of this CHMP, it is likely that the Sponsor will have to prepare and submit a new CHMP which contains new recommendations and contingency plans appropriate for the changed activity, activity area and results of the archaeological investigations. 9.2 Contingency regarding Dispute Resolution The following strategy should be employed to resolve any disputes arising during the course of the proposed activity: Only issues directly related to the Aboriginal cultural heritage will be handled through this dispute resolution process. All disputes will be jointly investigated. Where a breach of the CHMP recommendations or contingency plans has been found to have occurred, the RAP and the Sponsor will agree to the best method of correction or remediation. Any correction or remedial activities required will be overseen by a representative of the RAP and will take place in accordance with the instructions given by the RAP. The Sponsor and its site contractors will not undertake any such operations without receiving the consent of the RAP. The RAP will use their best endeavours to minimise delays to work schedules while not compromising cultural places or values. Authorised Project Delegates (APD) from each party (the RAP and the Sponsor) will attempt to negotiate a resolution to any dispute related to the cultural heritage management of the activity area. Such resolution will be attempted within 48 hours of a notice being received that a dispute between the parties is deemed to exist. If the APDs cannot reach an agreement, then other authorised representatives of both parties will meet to negotiate a resolution to an agreed schedule. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 78 These arrangements do not preclude any legal recourse open to the parties being taken but the parties agree the above avenues will be exhausted before such recourse is made. For the purposes of dispute resolution for this activity, the following people will act as APDs for each party: The RAP. The Sponsor: Chris Mason, St Quentin Consulting, telephone (03) 5201 1832. Any change in personnel appointed as the APDs in one party will be promptly notified to all other parties. 9.3 Contingency regarding the Discovery of Aboriginal Cultural Heritage 9.3.1 Unexpected discovery of isolated or dispersed scatters of Aboriginal cultural heritage It is unlikely that previously unknown Aboriginal cultural heritage will be discovered within the activity area during the activity. This Aboriginal cultural heritage is likely to be isolated stone artefacts. However, if a person discovers or suspects that they have discovered Aboriginal cultural heritage during the activity, and the actual or suspected cultural heritage is an isolated or dispersed scatter of less than five stone artefacts, the following contingency plan must be followed: The person in charge or site manager of the activity within the activity area must be notified immediately; The person in charge or site manager must immediately suspend all activities and works at the location of the discovery and within 5 m of the extent of the Aboriginal cultural heritage; Within a period of two business days, the person in charge or site manager must engage an appropriately qualified and experienced Cultural Heritage Advisor and inform them of the discovery; The Cultural Heritage Advisor must be engaged to assess the discovered Aboriginal cultural heritage in consultation with the RAP, record the cultural heritage material and update or complete new site cards for the discovered Aboriginal cultural heritage; The Cultural Heritage Advisor must be engaged to catalogue and analyse all discovered cultural heritage; The Cultural Heritage Advisor must notify AAV of the discovery by lodging either a new or updated VAHR site record card within a timely manner. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 79 Work in the excluded area may recommence provided: The discovered Aboriginal cultural heritage has been identified, inspected, recorded and collected for reburial by a Cultural Heritage Advisor; The Cultural Heritage Advisor has identified the discovered cultural heritage as being an isolated or dispersed scatter of less than five stone artefacts; and New or updated VAHR site record cards have been completed and forwarded to AAV. Failure of parties to reach an agreed course of action in this manner will be classed as a dispute under this agreement and the contingency plan in this CHMP regarding dispute resolution must be followed. 9.3.2 Unexpected discovery of other Aboriginal cultural heritage It is unlikely that previously unknown Aboriginal cultural heritage other than isolated stone artefacts or dispersed artefacts will be discovered within the activity area during the activity. However, if a person discovers or suspects that they have discovered Aboriginal cultural heritage during the activity, and the actual or suspected cultural heritage is cultural heritage other than an isolated or dispersed scatter of less than five stone artefacts the following contingency plan must be followed: The person in charge or site manager of the activity within the activity area must be notified immediately; The person in charge or site manager must immediately suspend all activities and works at the location of the discovery and within 20 m of the extent of the Aboriginal cultural heritage; Within a period of two business days, the person in charge or site manager must engage an appropriately qualified and experienced Cultural Heritage Advisor and inform them of the discovery; The Cultural Heritage Advisor must be engaged to assess the discovered Aboriginal cultural heritage in consultation with the RAP, record the cultural heritage material and update or complete new site cards for the discovered Aboriginal cultural heritage; The Cultural Heritage Advisor must be engaged to catalogue and analyse all discovered cultural heritage; The Cultural Heritage Advisor must notify AAV of the discovery by lodging either a new or updated VAHR site record card within a timely manner; The Sponsor must make all reasonable attempts to avoid or minimise harm to the newly discovered Aboriginal cultural heritage; Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 80 Where it is not possible to avoid harming the Aboriginal cultural heritage, mitigation in the form of salvage must be undertaken; Where salvage of discovered Aboriginal cultural heritage is required, decisions about how to proceed with salvage excavation must be made on a case-by-case basis by the Cultural Heritage Advisor, in consultation with AAV. The salvage excavation must be undertaken to the satisfaction of AAV. The methodology of any salvage excavation must be appropriate to the site type(s) discovered and the nature, extent and significance of the site(s). All salvage must abide by Regulation 61 of the Aboriginal Heritage Regulations 2007 and be undertaken in accordance with proper archaeological practice and the results of the excavations must be provided to AAV within 120 days of the salvage excavation, and a salvage excavation report completed to the relevant standards identified by AAV. Work in the excluded area may recommence provided: The discovered Aboriginal cultural heritage has been identified, inspected, recorded and collected for reburial by a Cultural Heritage Advisor; The Sponsor has taken appropriate measures to avoid harming the Aboriginal cultural heritage, including appropriate protection measures as agreed upon by the Sponsor and the RAP; If the Sponsor cannot avoid harming the Aboriginal cultural heritage, the Sponsor has taken appropriate measures to minimise harm to Aboriginal cultural heritage, including appropriate protection measures as agreed upon by the Sponsor and the RAP; The Cultural Heritage Advisor has undertaken the appropriate salvage excavations or collections; and New or updated Victorian Aboriginal Heritage Register site record cards have been completed and forwarded to AAV. Failure of parties to reach an agreed course of action in this manner will be classed as a dispute under this agreement and the contingency plan in this CHMP regarding dispute resolution must be followed. 9.3.3 Unexpected discovery of human remains Under Section 4 of the Coroner’s Act 2008, if the body of a deceased person is found in Victoria (s.4 (1)(a)) and the identity of the deceased is unknown (s. 4(2)(g)) then the death is reportable and under Section 12 of the Coroner’s Act 2008 there is an obligation to report death. If any suspected human remains are found during any activity, works must cease. The media must not be contacted under any circumstances. The State Coroner’s Office on 1300 309 519 and Victoria Police on 03 9684 4387 should be notified immediately (s. 12 (1)). If there are reasonable grounds to believe that the remains are Aboriginal, the Department of Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 81 Sustainability and Environment’s (DSE) Emergency Coordination Centre must be contacted immediately on 1300 888 544. This advice has been developed further and is described in the following 5 step contingency plan. Any such discovery within the activity area must follow these steps. WAC have requested that the following additional clause be added to this contingency: No photographs or digital images of Aboriginal human remains are to be taken without prior approval. It is noted that under the Coroner’s Act 2008, photographs may be required during initial inquiries. 1. Discovery: If suspected human remains are discovered, all activity in the vicinity must stop; and The remains must be left in place, and protected from harm or damage. 2. Notification: Once suspected human skeletal remains have been found, the State Coroner’s Office on 1300 309 519 and Victoria Police on 03 9684 4387 must be notified immediately; If there is reasonable grounds to believe that the remains could be Aboriginal, the DSE Emergency Co-ordination Centre must be immediately notified on 1300 888 544; The media must not be contacted under any circumstances; All details of the location and nature of the human remains must be provided to the relevant authorities; and If it is confirmed by these authorities that the discovered remains are Aboriginal skeletal remains, the person responsible for the activity must report the existence of the human remains to the Secretary, DPCD, in accordance with s.17 of the Aboriginal Heritage Act 2006. The person responsible for the activity must ensure that the media is not notified of the discovery of any Aboriginal skeletal remains. 3. Impact Mitigation or Salvage: The Secretary, after taking reasonable steps to consult with any Aboriginal person or body with an interest in the Aboriginal human remains, will determine the appropriate course of action as required by s.18(2)(b) of the Aboriginal Heritage Act 2006; An appropriate impact mitigation or salvage strategy as determined by the Secretary must be implemented by the Sponsor. 4. Curation and further analysis: Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 82 The treatment of salvaged Aboriginal human remains must be in accordance with the direction of the Secretary. 5. Reburial: Any reburial site(s) must be fully documented by an experienced and qualified archaeologist, clearly marked and all details provided to AAV; and Appropriate management measures must be implemented to ensure that the remains are not disturbed in the future. 9.4 Reporting the Discovery of Aboriginal Cultural Heritage during the Activity Where Aboriginal cultural heritage is identified during an activity, the Sponsor is responsible for notifying and engaging an appropriately qualified and experienced Cultural Heritage Advisor of the discovery (Sections 9.3.1 and 9.3.2). The Cultural Heritage Advisor is responsible for investigating, reporting, and facilitating an appropriate outcome in accordance with the above contingency plans. The Cultural Heritage Advisor must notify AAV of the discovery by lodging either a new or updated VAHR site record card within a timely manner. 9.5 Contingency for the Removal, Curation, Custody and Management of Aboriginal Cultural Heritage (Artefacts) Discovered during the Activity Should any Aboriginal cultural heritage be discovered during the activity, the custody of the Aboriginal cultural heritage must comply with the Aboriginal Heritage Act 2006 and be assigned in the following order of priority, as appropriate: Any relevant RAP for the land from which the Aboriginal cultural heritage has been salvaged; Any relevant registered native title holder for the land from which the Aboriginal cultural heritage has been salvaged; Any relevant native title party (as defined in the Aboriginal Heritage Act 2006) for the land from which the Aboriginal cultural heritage has been salvaged; Any relevant Aboriginal person or persons with traditional or familial links with the land from which the Aboriginal cultural heritage has been salvaged; Any relevant Aboriginal body or organisation which has historical or contemporary interests in Aboriginal heritage relating to the land from which the Aboriginal cultural heritage has been salvaged; The owner of the land from which the Aboriginal cultural heritage has been salvaged; and Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 83 The Museum of Victoria. It should be noted that any Cultural Heritage Advisor engaged to investigate any Aboriginal cultural heritage should be able to retain initial custody of Aboriginal cultural heritage for a reasonable period of time for the purposes of analysis. In accordance with the Aboriginal Heritage Act 2006, during the period that the Cultural Heritage Advisor has custody of the Aboriginal cultural heritage, the Cultural Heritage Advisor must: Label and package collected artefactual material with reference to provenance; and Arrange storage of the material in a secure location together with copies of the catalogue, assessment documentation, management plan and results of the analysis. Following the repatriation of Aboriginal cultural heritage held by the Cultural Heritage Advisor to any of the above people or groups (except Museum Victoria), should any of the above people or groups wish to rebury the Aboriginal cultural heritage, the following must take place: The site record card must be updated, including an object collection component form; The reburial location must be known, relocatable and in an area which is protected from future development or disturbance; Where possible, the Aboriginal cultural heritage should be reburied within the boundaries of the Aboriginal archaeological site from which the Aboriginal cultural heritage was originally collected or excavated; Artefacts must be reburied in a durable container which may or may not be open bottomed to allow contact between the artefacts and the soil whilst allowing the reburied material to be readily identified as such; and An additional enclosed durable container must be buried next to the artefacts, which contains copies of all documentation relating to the artefacts, including a copy of the relevant site card, artefact database and any other relevant documentation. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 84 9.6 Compliance with the Cultural Heritage Management Plan 9.6.1 Reviewing compliance with the Cultural Heritage Management Plan The Aboriginal Heritage Act 2006 requires that the recommendations and contingency plans contained within an approved CHMP are complied with. Any action carried out contrary to the recommendations and contingency plans contained within an approved CHMP which harms Aboriginal cultural heritage is an offence. If it is suspected that the recommendations or contingency plans of the approved CHMP have been contravened, under Section 80 of the Aboriginal Heritage Act 2006, the Minister for Aboriginal Affairs may order a Cultural Heritage Audit. Once a Cultural Heritage Audit has been ordered, the Sponsor will be issued with a Stop Order which requires the activity to immediately cease (s. 88). A Stop Order can also be issued in any instance where an activity is harming, is likely to harm, or may harm Aboriginal cultural heritage, regardless of whether the Minister has ordered a Cultural Heritage Audit (s. 87). The following checklist has been developed to assist the Sponsor in reviewing compliance with the CHMP. If, at any point prior to or during the proposed activity, any of the questions below cannot be answered positively, it is possible that the CHMP is not being complied with. Should this occur, any and all parties are advised to seek the advice of a Cultural Heritage Advisor. Prior to the commencement of the activity: Has the CHMP been approved? Have any and all parties been inducted or trained in regards to Part 2 of the approved CHMP? If any changes have been made to the activity or activity area: Has the Sponsor obtained a new approved CHMP? Have all required statutory authorisations been obtained? If Aboriginal cultural heritage is discovered during the activity: If the Aboriginal cultural heritage is an isolated or dispersed scatter of less than five stone artefacts have all works ceased within 5 m of the Aboriginal cultural heritage? If the Aboriginal cultural heritage is other than an isolated or dispersed scatter of less than five stone artefacts (including but not limited to a stratified deposit, more than five stone artefacts spread across the surface or located sub surface, a shell midden, or a mound), have all works ceased within 20 m of the Aboriginal cultural heritage? Has the discovered Aboriginal cultural heritage been identified, inspected and recorded by a Cultural Heritage Advisor? Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 85 Has the Cultural Heritage Advisor completed new or updated VAHR site record cards and forwarded these to AAV? Has the Sponsor taken appropriate measures to avoid harming the Aboriginal cultural heritage, including appropriate protection measures as agreed upon by the Sponsor and the RAP? If the Sponsor cannot avoid harming the Aboriginal cultural heritage, has the Sponsor taken appropriate measures to minimise harm to Aboriginal cultural heritage, including appropriate protection measures as agreed upon by the Sponsor and the RAP? If appropriate salvage excavations are required, have these been undertaken and reported upon within 120 days? Has the removal, curation, custody and management of the Aboriginal cultural heritage been undertaken in accordance with the contingency plan outlined in this CHMP? If human remains have been discovered during the activity: Has all activity in the vicinity of the discovery ceased immediately? Have the remains been left in place and protected from harm? Have Victoria Police and the Coroner's Office been notified? If there are reasonable grounds to believe that the remains may be Aboriginal, has the DSE Emergency Co-ordination Centre been notified? If it is confirmed by these authorities that the remains are Aboriginal skeletal remains, has the Secretary of DPCD been notified? Has the appropriate impact mitigation or salvage strategy (as determined by the Secretary of DPCD) been implemented? Have the salvaged Aboriginal human remains been treated in accordance with the direction of the Secretary of DPCD? Has a suitable experienced and qualified Archaeologist been engaged to document any reburial site(s) and have all details of the reburial been provided to AAV? Is the reburial site(s) clearly marked? Have appropriate management recommendations been implemented to ensure that the remains are not disturbed in the future? If non-compliance with this CHMP is suspected by any and all parties, it is recommended that AAV and an appropriately qualified and experienced Cultural Heritage Advisor are contacted immediately. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 86 Under Sections 27 and 28 of the Aboriginal Heritage Act 2006, harming Aboriginal cultural and doing an act likely to harm Aboriginal cultural heritage, knowingly or unknowingly, is unlawful. 9.6.2 Remedying non-compliance with the Cultural Heritage Management Plan Under Section 81 of the Aboriginal Heritage Act 2006, a Cultural Heritage Audit can be ordered by the Minister if non-compliance with an approved CHMP is suspected. If the Secretary of DPCD directs a Sponsor to engage a Cultural Heritage Advisor to conduct a Cultural Heritage Audit, the Sponsor must comply with the direction. The report of a Cultural Heritage Audit may: identify non-compliance with an approved CHMP; recommend amendments to the recommendations in the approved CHMP; recommend arrangements for the access of inspectors to the location at which the activity is being carried out; and recommend other measures in relation to the conduct of the activity to avoid or minimise harm to Aboriginal cultural heritage. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 87 MAPS Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 88 Map 1: Location of Activity Area Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 89 Map 2: Extent of Activity Area and areas of Aboriginal Cultural Heritage Sensitivity Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 90 Map 3: Proposed Development Plan A proposed development plan is not available. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 91 Map 4: Location of the Activity Area and the Relevant Bioregion Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 92 Map 5: Location of the Activity Area and the Relevant Geology Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 93 Map 6: Aboriginal Archaeological Sites Located in the Vicinity of the Activity Area Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 94 Map 7: Surveyed Areas and Location and Extent of Aboriginal Archaeological Sites Identified During Standard Assessment Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 95 Map 8: Location of Subsurface Testing Transects, Shovel Test Holes and Stratigraphic Test Pits Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 96 Map 9: Location and Extent of Aboriginal Archaeological Sites within the Activity Area Identified During the Standard and Complex Assessments Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 97 Map 10: Location of Specific Management Requirements Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 98 APPENDICES Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 99 Appendix 1 - Notice of Intent to prepare a Cultural Heritage Management Plan Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 100 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 101 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 102 AAV response Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, September 2011 103 RAP response Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 104 Appendix 2 - Heritage Legislation A2.1 Victorian Aboriginal Heritage Act 2006 The Aboriginal Heritage Act 2006 protects Aboriginal cultural heritage in Victoria. A key part of the legislation is that Cultural Heritage Management Plans (CHMPs) are required to be prepared by Sponsors (the developer) and qualified Cultural Heritage Advisors in accordance with the Aboriginal Heritage Act 2006 and the accompanying Aboriginal Heritage Regulations 2007. A CHMP is the assessment of an area (known as an ‘activity area’) for Aboriginal cultural heritage values, the results of which form a report (the CHMP) which details the methodology of the assessment and sets out management recommendations and contingency measures to be undertaken before, during and after an activity (development) to manage and protect any Aboriginal cultural heritage present within the area examined. The preparation of a CHMP is mandatory under the following circumstances: If the Aboriginal Heritage Regulations 2007 require a CHMP to be prepared (s. 47); If the Minister of Aboriginal Affairs Victoria requires a CHMP to be prepared (s. 48); or If an Environmental Effects Statement is required by the Environmental Effects Act 1978 (s. 49). The Aboriginal Heritage Regulations 2007 require a CHMP to be prepared: If all or part of the proposed activity is a ‘high impact activity’; and If all or part of the activity area is an area of ‘cultural heritage sensitivity’; and If all or part of the activity area has not been subject to ‘significant ground disturbance’. The preparation of a CHMP can also be undertaken voluntarily. Having an Approved CHMP in place can reduce risk for a project during the construction phase by ensuring there are no substantial delays if sites happen to be found. Monitoring construction works is also rarely required if an approved CHMP is in place. Approval of the CHMPs is the responsibility of either DPCD (AAV) or the Registered Aboriginal Parties. They will be examining the CHMPs in detail with key points including: Addressing whether harm to heritage can be avoided or minimised; Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 105 All assessments (including test excavations) must be completed before management decisions are formulated; and Survey and excavation must be in accordance with proper archaeological practice and supervised by a person appropriately qualified in archaeology. There are three types of CHMPs that may be prepared. These are: Desktop; Standard; and Complex. A desktop CHMP is a literature review with fieldwork. If the results of the desktop show it is reasonably possible that Aboriginal cultural heritage could be present in the activity area, a standard assessment will be required. A standard assessment involves literature review and a ground of survey the activity area. Where the results of ground survey undertaken during a standard assessment have identified Aboriginal cultural heritage within the activity area, soil and sediment testing using an auger no larger than twelve centimetres in diameter may be used to assist in defining the nature and extent of the identified Aboriginal cultural heritage (Regulation 59(4)). Where the results of ground survey undertaken during a standard assessment have identified Aboriginal cultural heritage within the activity area or areas which have the potential to contain Aboriginal cultural heritage sub surface, a complex assessment will be required. A complex assessment involves a literature review, a ground of survey, and sub surface testing. Sub surface testing is the disturbance of all or part of the activity area or excavation of all or part of the activity area to uncover or discover evidence of Aboriginal cultural heritage (Regulation 62(1)). It is strongly advised that for further information relating to heritage management (e.g. audits, stop orders, inspectors, forms, evaluation fees, status of RAPs and penalties for breaching the Act) Sponsors should access the Aboriginal Affairs Victoria website (http://www.aboriginalaffairs.vic.gov.au/). The following flow chart also assists in explaining the process relating to CHMPs. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 106 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 107 A2.2 Commonwealth Native Title Act 1993 Native Title describes the rights and interests of Aboriginal and Torres Strait Islander people in land and waters, according to their traditional laws and customs. In Australia, Aboriginal and Torres Strait Islander people’s rights and interests in land were recognised in 1992 when the High Court delivered its historic judgment in the case of Mabo v the State of Queensland. This decision overturned the legal fiction that Australia upon colonisation was terra nullius (land belonging to no-one). It recognised for the first time that Indigenous Australians may continue to hold native title. Native Title rights may include the possession, use and occupation of traditional country. In some areas, native title may be a right of access to the area. It can also be the right for native title holders to participate in decisions about how others use their traditional land and waters. Although the content of native title is to be determined according to the traditional laws and customs of the title holders, there are some common characteristics. It may be possessed by a community, group, or individual depending on the content of the traditional laws and customs. It is inalienable (that is, it cannot be sold or transferred) other than by surrender to the Crown or pursuant to traditional laws and customs. Native Title is a legal right that can be protected, where appropriate, by legal action. Native Title may exist in areas where it has not been extinguished (removed) by an act of government. It will apply to Crown land but not to freehold land. It may exist in areas such as: Vacant (or unallocated) Crown land; Forests and beaches; National parks and public reserves; Some types of pastoral leases; Land held by government agencies; Land held for Aboriginal communities; Any other public or Crown lands; and/or Oceans, seas, reefs, lakes, rivers, creeks, swamps and other waters that are not privately owned. Native Title cannot take away anyone else’s valid rights, including owning a home, holding a pastoral lease or having a mining lease. Where native title rights and the rights of another person conflict, the rights of the other person always prevail. When the public has the right to access places such as parks, recreation reserves and beaches, this right cannot be taken away by Native Title. Native Title does not give Indigenous Australians the right to veto any Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 108 project. It does mean, however, that everyone’s rights and interests in land and waters have to be taken into account. Indigenous people can apply to have their native title rights recognised by Australian law by filing a native title application (native title claim) with the Federal Court. Applications are required to pass a test to gain certain rights over the area covered in the application. The Native Title Tribunal (NNTT) was established to administer application processes. Once applications are registered, the NNTT will notify other people about the application and will invite them to become involved so all parties can try to reach an agreement that respects everyone's rights and interests. If the parties cannot agree, the NNTT refers the application to the Federal Court and the parties argue their cases before the Court. As a common law right, native title may exist over areas of Crown land or waters, irrespective of whether there are any native title claims or determinations in the area. Native Title will therefore be a necessary consideration when Government is proposing or permitting any activity on or relating to Crown land that may affect native title3. A2.3 Victorian Planning and Environment Act 1987 All municipalities in Victoria are covered by land use planning controls which are prepared and administered by State and local government authorities. The legislation governing such controls is the Planning and Environment Act 1987. Places of significance to a locality can be listed on a local planning scheme and protected by a Heritage Overlay (or other overlay where appropriate). Places of Aboriginal cultural heritage significance are not often included on local government planning schemes. A2.4 Commonwealth Environmental Protection and Biodiversity Conservation Act 1999 The Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a national framework for the protection of heritage and the environment and the conservation of biodiversity. The EPBC Act is administered by the Australian Government Department of Sustainability, Environment, Water, Population and Communities (SEWPaC). The Australian Heritage Council assesses whether or not a nominated place is appropriate for listing on either the National or Commonwealth Heritage Lists and makes a recommendation to the Minister on that basis. The Minister for the Environment, Water, Heritage and the Arts makes the final decision on listing. SEWPaC also administers the Register of the National Estate. The objectives of the EPBC Act are: 3 The information in this section was taken from the Department of Sustainability and Environment, Fact Sheet on Native Title, 2008. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 109 A2.5 to provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance; to promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources; to promote the conservation of biodiversity; to provide for the protection and conservation of heritage; to promote a cooperative approach to the protection and management of the environment involving governments, the community, land-holders and indigenous peoples; to assist in the cooperative implementation of Australia's international environmental responsibilities; to recognise the role of indigenous people in the conservation and ecologically sustainable use of Australia's biodiversity; and to promote the use of indigenous peoples' knowledge of biodiversity with the involvement of, and in cooperation with, the owners of the knowledge. Victorian Coroner’s Act 2008 The Victorian Coroner’s Act 2008 requires the reporting of certain deaths and the investigation of certain deaths and fires in Victoria by coroners to contribute to the reduction of preventable deaths. Of most relevance to heritage is the requirement for any “reportable death” to be reported to the police (s. 12[1]). The Coroner’s Act 2008 requires that the discovery of human remains in Victoria (s. 4[1]) of a person whose identity is unknown (s. 4[g]) must be reported to the police. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 110 Appendix 3 - Archaeological Survey Attributes ABORIGINAL CULTURAL HERITAGE PLACE ASSESSMENT: ARCHAEOLOGICAL SURVEY AND EXCAVATION ATTRIBUTES FORM Project Name: 3115 Author/Consultant: Mollie Harbour Cultural Heritage Management Plan #: 11776 Survey Attributes* survey undertaken by TerraCulture Pty Ltd Survey Date: TerraCulture 15.04.2011; EHP 20.09.2011 Actual Survey Coverage (m2): 250,000 Ground Surface Visibility: 18% Effective Survey Coverage (m2): 218,000 Survey Spacing (m): 2 m, and 5 m in area previously under crop (EHP survey) Number in Crew: 3, 4 during EHP survey Landform: Gently sloping plain vegetation Vegetation: Agricultural, and young modified native Disturbance: Ploughing, flower farm plantation, dam construction. Survey Method Survey Design Sample Survey Type Pedestrian Remote sensing (specify) Opportunistic Random Systematic Stratified Other Area Transect Locality Haphazard Other Surface Excavation method Excavation Date: 09.08.2011, 12.08.2011, 15.08.2011 and 20.09.2011 to 21.09.2011 Area Excavated: 0.007% Excavation Spacing (m): 25-50 m Test Trench Size (m): 1 x 1m Transect Width (m): 25-50 m Number in Crew: 4 Depth (cm): 0-26 cm Excavation Method Manual Mechanical Auger Uncontrolled Excavation (eg shovel pit) Monitoring Controlled Excavation Excavation Design Sample Opportunistic Random Systematic Stratified Other Area Transect Locality Haphazard Other Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 111 Appendix 4 - Coordinates of Sub Surface Testing and Datum Levels Table A4.1: Datum and Back-site Details Datum Easting Northing Name (GDA 94, Zone 55) (GDA 94, Zone 55) Date Back-site 1 E 277978 N 5768628 09.08.2011 Back-site 2 E 278004 N 5769114 15.08.2011 Back-site 3 E 277997 N 5769115 20.09.2011 Back-site 4 Back-site 5 E 277802 E 277800 N 5766564 N 5769193 20.09.2011 21.09.2011 Back-site 6 Back-site 7 Datum 1.1 Datum 1.2 Datum 1.3 Datum 2 Datum 3 E 277780 E 279903 E 277926 E 277926 E 277926 E 278090 E 278065 N 5769041 N 5768655 N 5768577 N 5768577 N 5768577 N 5769083 N 5769087 21.09.2011 21.09.2011 09.08.2011 09.08.2011 09.08.2011 15.08.2011 20.09.2011 Datum 4 E 277886 N 5769135 20.09.2011 Datum 5.1 E 277840 N 5769181 21.09.2011 Datum 5.2 Datum 5.3 Datum 6 E 277840 E 277840 E 277916 N 5769181 N 5769181 N 5769059 21.09.2011 21.09.2011 21.09.2011 Datum 7 E 277931 N 5768745 21.09.2011 Height (cm) Back-site # Back-site Height (cm) Back-site Description NE corner of fence in south-westernmost paddock. NE corner of metal sheet fence160-172 Ash Road NW corner of metal sheet fence160-172 Ash Road NW corner of 160-172 Ash Road SW corner of metal sheet fence 160-172 Ash Road SW corner of 160-172 Ash Road Test Hole N4 132 145 98 142 (Yuma 55.51) 141.5 (Yuma 54.85) 130 (Yuma 55.79) 144 156 133 (Yuma 49.78) 112 135 1 1 1 2 3 74 86 30 196 3 4 138 5 -11 5 5 6 0 -23 287.5 7 79 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 112 Table A4.2: Details of Stratigraphic Test Pits (STPs) STP01 Easting Northing 1x1m (GDA 94, Zone 55) (GDA 94, Zone 55) South / West Corner Datum 1.1 Surface Base of spit 1 Base of spit 2 Base of spit 3 E 277896 N/W Corner (cm) N/E Corner (cm) S/E Corner (cm) N 5768582 150 157 167 173.5 STP02 Easting Northing 1x1m (GDA 94, Zone 55) (GDA 94, Zone 55) South / West Corner Datum 2 Surface Base of spit 1 Base of spit 2 Base of spit 3 S/W Corner (cm) E 278083 S/W Corner (cm) 144.5 155 164 168 N/W Corner (cm) 145.5 153.5 164.5 168 149.5 157 167.5 172 N/E Corner (cm) S/E Corner (cm) N 5769064 170 174 182.5 186.5 167.5 172.5 179.5 187.5 167.5 172.5 179 186 165.5 174 180 186 Table A4.3: Transect Shovel Test Pits, Radial Shovel Test Pits and Random Shovel Test Pit Transect Number A Shovel Test Pit Number 1 2 3 4 5 Hole Distances (m) 0m 50m 100m 200m 250m Easting (GDA 94, Zone 55) 278157 278115 278055 278006 277957 Northing (GDA 94, Zone 55) 5769112 5769097 5769109 5769115 5769122 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 Datum 2 2 2 3 3 Surface Height (cm) 148 148 150 3 65 113 Transect Number B C D E F G H Shovel Test Pit Number 6 7 8 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 1 2 3 Hole Distances (m) 300m 350m 400m 0m 50m 100m 150m 200m 300m 350m 0m 50m 100m 150m 200m 250m 300m 350m 0m 50m 100m 150m 200m 0m 150m 200m 250m 0m 50m 200m 250m 0m 50m 100m 0m 50m 100m Easting (GDA 94, Zone 55) 277907 277857 277808 278134 278032 277990 277947 277897 277846 277800 278153 278101 278052 278006 277957 277909 277858 277808 278007 277957 277908 277857 277809 277848 277986 278049 278111 277797 277847 278020 278071 277984 277977 277964 278034 278027 278020 Northing (GDA 94, Zone 55) 5769127 5769133 5769139 5769064 5769067 5769073 5769075 5769081 5769087 5769094 5769009 5769016 5769020 5769026 5769031 5769035 5769041 5769049 5768973 5768978 5768984 5768991 5768998 5768933 5768907 5768907 5768894 5768890 5768884 5768867 5768859 5768836 5768786 5768752 5768837 5768786 5768737 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 Datum 3 3 3 2 2 3 5.1 5.1 5.1 6 2 2 2 2 5.2 5.3 6 6 6 6 6 5.2 5.2 6 Surface Height (cm) 158 148 136 145 148 68 45 192 303 205 152 150 154 155 0 155 37.5 238 250 75 40 24 0 276 Not Taken Not Taken Not Taken Not Taken Not Taken Not Taken Not Taken Not Taken Not Taken Not Taken Not Taken Not Taken Not Taken 114 Transect Number I J K L M N O Shovel Test Pit Number 1 2 3 4 5 1 2 1 2 3 4 5 1 2 3 4 5 6 7 1 2 3 4 5 6 1 2 3 4 5 6 7 1 2 3 4 5 Hole Distances (m) 0m 50m 100m 150m 200m 0m 50m 0m 50m 100m 150m 200m 0m 25m 50m 75m 100m 125m 150m 0m 25m 75m 100m 125m 150m 0m 25m 50m 75m 100m 125m 150m 0m 25m 50m 75m 100m Easting (GDA 94, Zone 55) 277763 277813 277862 277910 277961 277797 277793 277790 277839 277890 277937 277990 277842 277867 277891 277916 277943 277969 277991 277847 277872 277924 277948 277976 277995 277829 277854 277879 277903 277926 277950 277978 277852 277877 277900 277928 277954 Northing (GDA 94, Zone 55) 5768712 5768706 5768700 5768690 5768689 5768650 5768598 5768549 5768541 5768537 5768529 5768525 5768566 5768564 5768560 5768557 5768554 5768553 5768553 5768591 5768589 5768581 5768577 5768576 5768574 5768665 5768661 5768658 5768655 5768644 5768641 5768637 5768617 5768612 5768610 5768606 5768600 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 Datum 7 7 7 7 7 1.2 1.2 1.2 1.2 1.2 1.3 1.3 1.2 1.2 1.2 1.2 1.3 1.3 1.3 1.2 1.2 1.2 1.2 1.3 1.3 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.3 1.3 Surface Height (cm) 286 278 276 268 235 310 360 346 189 87.5 45 70 200 124 92 63 27 50 27 229 152 81 33 51 27 294 285 280 270 268 265 268 217 155 115 70 23 115 Transect Number P Q Radial Radial Radial Radial Radial Radial Radial Radial Shovel Test Pit Number 6 7 1 2 3 4 5 6 7 1 2 RL 1 RL 2 RL 3 RL 4 Radial 1 Radial 2 Radial 3 Radial 4 Hole Distances (m) 125m 150m 0m 25m 50m 75m 100m 125m 150m 0m 50m Easting (GDA 94, Zone 55) 277978 278002 277856 277882 277905 277933 277956 277984 278006 277804 277853 277987 277991 277996 277991 277922 277916 277921 277919 Northing (GDA 94, Zone 55) 5768601 5768601 5768640 5768637 5768636 5768634 5768632 5768627 5768626 5769186 5769180 5768550 5768545 5768553 5768557 5768738 5768732 5768724 5768728 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 Datum 1.3 1.3 1.2 1.2 1.2 1.2 1.2 1.3 1.3 4 4 1.3 1.3 1.3 1.3 7 7 7 7 Surface Height (cm) 35 28 286 230 262 222 175 30 30 133 147 28 29 27 27 267 268 265 269 116 Table A4.4: Transects Excavated within the Activity Area (Map 8) Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Transect A 300 m 6 STH’s Start E 278157 N 5769112 End E 277808 N 5769139 Approximately 60m south of the northern most boundary, running east to west. Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH A1 00 to 180 mm – Dark greyish grey firm, medium sandy clay. Inclusions- grass roots. Munsell 10YR 2/1, pH 7.5. 180 to 290 mm – Light yellowish yellow/grey firm, medium sandy silt. Inclusions- infrequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 4/3, pH 6.5. 290 to 340 mm – Mid yellowish orange/grey compact, fine mottled clay. Munsell 7.5YR 4/6, pH 6.5. STH A2 00 to 140 mm – Dark greyish black firm, medium sandy clay. Inclusions- grass roots. Munsell 10YR 2/1, pH 7.5. 140 to 340 mm – Light yellowish yellow/grey firm, medium clayey sand. Inclusions- frequent small basalt/quartz/ironstone gravel. Munsell 10YR 4/3, pH 6.5. 340 to 360 mm – Mid yellowish yellow/grey compact, fine mottled clay. Munsell 7.5YR 4/6, pH 6.5. STH A3 00 to 260 mm – Mid greyish brown compact, medium sandy silt. Inclusions- grass roots, glass fragments. Munsell 7.5YR 3/1, pH 5.5. 260 to 380 mm – Light yellowish grey compact medium sandy silt. Inclusions- frequent small-large basalt/quartz/ironstone gravel (50% gravel). Munsell 10YR 4/3, pH 6.5. 380 to 410 mm – Mid yellowish orange/grey compact, fine mottled clay. Munsell 7.5YR 4/6, pH 6.5. STH A4 00 to 240 mm – Dark reddish brown friable clayey silt. Inclusions- grass roots and glass fragments. Munsell 7.5YR 3/2, pH 5.5. 240 to 260 mm – Mid yellowish brown compact sandy clay/silt clay. Inclusions- moderate small basalt/ironstone gravel. Munsell 7.5YR 4/6, pH 6. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 117 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH A5 00 to 160 mm – Light greyish brown compact, fine clayey silt. Inclusions- grass roots. Munsell 7.5YR 3/2, pH 6. 160 to 210 mm – Mid greyish brown/grey compact, fine clayey silt. Inclusions- infrequent small/medium basalt/quartz/ironstone gravel. Munsell 7.5YR 3/1, pH 5.5. 210 to 260 mm – Mid yellowish orange/grey compact, fine mottled clay. Munsell 7.5YR 4/6, pH 6.5. STH A6 00 to 220 mm – Dark reddish brown friable, fine sandy silt/clayey silt. Inclusions- grass roots. Munsell 7.5YR 3/2, pH 5. 220 to 420 mm – Light greyish grey friable clayey silt. Inclusions- frequent small basalt/quartz/ironstone gravel. Munsell 7.5YR 5/3, pH 6. BASE 420 mm – Dark reddish/yellowish orange/brown cemented, fine clay. Munsell 7.5YR 4/6, pH 7. STH A7 00 to 280 mm – Dark brownish grey weak, fine sandy silt. Inclusions- grass roots. Glass fragment and charcoal at 270 mm from tree root. Munsell 10YR 2/2, pH 7. 280 to 420 mm – Light brownish grey weak sandy silt. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Munsell 7.5YR 5/3, pH 6. BASE 420 mm – Dark reddish orange cemented sticky clay. Munsell 7.5YR 4/6, pH 7. STH A8 00 to 300 mm – Mid brownish grey weak sandy silt. Inclusions- grass roots. Munsell 7.5YR 3/2, pH 5. 300 to 330 mm – Light brownish grey loose sandy silt. Munsell 7.5YR 5/3, pH 6. BASE 330 mm – Dark reddish brown cemented, fine clay. Munsell 7.5YR 3/6, pH 6.5. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 118 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Transect B 250 m 5 STH’s Start E 278134 N 5769060 End E 277800 N 5769094 50m south of, and runs parallel to, Transect A. Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH B1 00 to 200 mm – Mid greyish grey firm, fine silty clay. Inclusions- grass roots. Munsell 7.5YR 3/2, pH 5.5. 200 to 300 mm – Light yellowish grey firm, medium clayey sand. Inclusions- frequent small basalt/quartz/ironstone gravel. Munsell 10YR 4/3, pH 6.5. 300 to 330 mm – Mid yellowish yellow/orange compact, fine mottled clay. Inclusions- infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 3/4 mottled with 5YR 4/6, pH 7. STH B2 00 to 160 mm – Mid greyish brown/grey compact, fine clayey silt. Inclusions- grass roots. Munsell 7.5YR 3/1, pH 5.5. 160 to 230 mm – Dark greyish orange/grey compact, fine clayey silt. Intermediate between context 1 and 3. Inclusions- infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 2/1, pH 7. 230 to 270 mm – Mid yellowish orange/grey compact, fine clayey silt. Inclusions- frequent small-medium basalt/quartz/ironstone gravel. Munsell 7.5YR 4/6, pH 6. 270 to 340 mm – Mid yellowish orange compact, fine mottled clay. Munsell 7.5YR 3/4, pH 6.5. STH B3 00 to 170 mm – Mid greyish grey compact sandy silt. Inclusions- grass roots, glass and ceramic fragments, and 3 shell fragments. Munsell 7.5YR 3/2, pH 5.5. 170 to 270 mm – Light greyish grey compact sandy silt. Inclusions- frequent small-medium basalt/quartz/ironstone gravel. Glass and ceramic fragments. Munsell 7.5YR 5/3, pH 6. BASE 270 mm – Mid yellowish orange compact, fine mottled clay. Munsell 7.5YR 3/4, pH 6.5. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 119 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH B4 00 to 230 mm – Dark greyish grey compact sandy silt. Inclusions- glass fragments. Munsell 7.5YR 3/2, pH 5. 230 to 320 mm – Mid greyish brown/grey compact sandy silt. Inclusions- frequent small-large basalt/quartz/ironstone gravel. Munsell 7.5YR 4/2, pH 5.5. 320 to 350 mm – Light yellowish orange/grey compact, fine mottled clay. Munsell 7.5YR 3/4, pH 6.5. STH B5 00 to 230 mm – Mid greyish grey firm clayey silt. Inclusions- grass roots and glass fragments. Munsell 7.5YR 3/2, pH 5.5. 230 to 310 mm – Light yellowish grey compact sandy silt. Inclusions- frequent small-large basalt/quartz/ironstone gravel. Munsell 7.5YR 4/1, pH 5.5. 310 to 320 mm – Mid yellowish orange/grey compact, fine mottled clay. Munsell 7.5YR 3/4, pH 6.5. STH B6 00 to 300 mm – Mid greyish grey firm, fine sandy silt. Inclusions- grass roots, glass and slate fragments. Munsell 7.5YR 3/2, pH 5.5. 300 to 400 mm – Mid greyish brown/grey compact, fine sandy silt. Intermediate between contexts 1 and 3. Inclusions- moderate small-medium basalt/quartz/ironstone gravel. Munsell 7.5YR 4/2, pH 7. 400 to 550 mm – Light greyish grey compact, medium sand. Inclusions- frequent small-large basalt/quartz/ironstone gravel. Munsell 7.5YR 6/2, pH 7. 550 to 590 mm – Mid yellowish orange/grey cemented, fine mottled clay. Munsell 7.5YR 5/8, pH 7.5. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 120 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH B7 00 to 320 mm – Mid greyish grey firm, fine sandy silt. Inclusions- grass roots, glass and charcoal fragments. Munsell 7.5YR 3/2, pH 5.5. 320 to 470 mm – Mid greyish brown/grey compact, fine sandy silt. Intermediate between contexts 1 and 3. Inclusions- moderate small-medium basalt/quartz/ironstone gravel. Munsell 7.5YR 3/1, pH 5.5. 470 to 580 mm – Light greyish grey compact, medium sand. Inclusions- frequent small-medium basalt/quartz/ironstone gravel. Munsell 7.5YR 5/3, pH 6. 580 to 600 mm – Mid yellowish orange/grey cemented, fine mottled clay. Munsell 7.5YR 3/4, pH 6.5. Transect C 350 m 7 STH’s Start E 178153 N 5769009 End E 277808 N 5769049 50m south of, and runs parallel to, Transect B. Runs east to west along southern boundary of northern-most property. STH C1 00 to 120 mm – Dark greyish grey/brown firm, medium sandy clay. Inclusions- grass roots. Munsell 10YR 2/2, pH 7.5. 120 to 150 mm – Mid yellowish orange compact, fine clay with slight grey mottling. Munsell 10YR 4/4 mottled with Munsell 10YR 3/2 and 5YR 4/6, pH 7.5. STH C2 00 to 130 mm – Dark greyish grey/black firm, medium sandy silt. Inclusions- grass roots. Munsell 10YR 2/2, pH 7.5. 130 to 250 mm – Mid greyish grey firm, compact, medium sandy silt. Inclusions- one pottery fragment. Munsell 10YR 3/1, pH 7. 250 to 320 mm – Light yellowish grey compact, medium sandy silt. Munsell 10YR l 4/2, pH 6. BASE 320 mm – Mid yellowish orange compact, fine clay. Munsell 10YR 4/4 mottled with 3/2, pH 7.5. STH C3 00 to 230 mm – Dark greyish grey/black firm, medium sandy clay. Inclusions- grass roots. Munsell 10YR 2/2, pH 7.5. 230 to 250 mm – Mid yellowish orange compact, fine mottled clay. Munsell 10YR 4/4 mottled with 3/2, pH 7.5. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 121 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH C4 00 to 390 mm – Light brownish grey weak sandy silt. Inclusions- grass roots, charcoal at 260 mm from tree root. Very frequent small-medium basalt/quartz/ironstone gravel from 240 mm. Munsell 7.5YR 4/2, pH 5.5. BASE 390 mm – Dark reddish orange cemented, fine clay. Munsell 7.5YR 4/6, pH 6.5. STH C5 00 to 160 mm – Light brownish grey weak sandy silt. Inclusions- grass roots, glass fragment at 80 mm. Munsell 7.5YR 4/2, pH 5.5. 160 to 310 mm – Pale brownish grey firm sandy silt. Inclusions- frequent small-medium basalt/quartz/ironstone gravel. Munsell 7.5YR 5/3, pH 5.5. BASE 310 mm – Dark brownish yellow cemented, fine clay. Munsell 7.5YR 4/6, pH 6.5. STH C6 00 to 160 mm – Light brownish grey weak sandy silt. Inclusions- grass roots, infrequent small basalt/mudstone/ironstone gravel. Munsell 7.5YR 5/3, pH 6. 160 to 320 mm – Mid brownish grey weak sandy silt. Inclusions- frequent small-medium basalt/mudstone/ironstone gravel. Munsell 7.5YR 3/1, pH 5.5. BASE 320 mm – Dark reddish orange cemented, fine clay. Munsell 7.5YR 3/2, pH 5.5. STH C7 00 to 160 mm – Light reddish brown weak sandy silt. Inclusions- grass roots, frequent small-medium basalt/ ironstone gravel at interphase between contexts 1 and 2. Munsell 7.5YR 4/6, pH 6. BASE 160 mm – Mid yellowish orange cemented, fine clay. Munsell 7.5YR 3/4, pH 6.5. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 122 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH C8 00 to 230 mm – Dark brownish grey weak sandy silt. Inclusions- grass roots, glass and ceramic fragments at 80 mm and Styrofoam at 150 mm. Munsell 7.5YR 4/2, pH 5. 230 to 440 mm – Light brownish grey weak sandy silt. Inclusions- frequent small-medium basalt/quartz/ironstone gravel. Munsell 7.5YR 4/3, pH 6. 440 to 460 mm – Dark brownish orange cemented, fine clay. Munsell 7.5YR 4/6, pH 7.5. Transect D 200 m 5 STH’s Start E 278007 N 5768973 End E 277809 N 5768998 Approximately 60m south of the Transect C, running east to west. STH D1 00 to 250 mm – Mid greyish grey compact, fine sandy silt (mostly silt). Inclusions- grass roots, glass and ceramic fragments. Munsell 7.5YR 3/2, pH 5.5. 250 to 390 mm – Mid yellowish brown/grey compact medium sand. Inclusions- frequent small-large basalt/quartz/ironstone gravel. Munsell 7.5YR 3/1, pH 5.5. BASE 390 mm – Mid yellowish orange/grey compact, fine clay. Munsell 7.5YR 3/4, pH 6.5. STH D2 00 to 220 mm – Dark brownish grey weak sandy silt. Inclusions- grass roots, ceramic fragment at 80 mm. Munsell 7.5YR 3/2, pH 5.5. 220 to 420 mm – Dark brownish grey weak sandy silt. Inclusions- frequent small-medium basalt/ironstone gravel. Munsell 7.5YR 4/3, pH 6. BASE 420 mm – Dark reddish/yellowish brown cemented, fine clay. Munsell 7.5YR 4/6, pH 6. STH D3 00 to 220 mm – Dark reddish brown weak sandy silt. Inclusions- grass roots, glass at 80 mm and frequent small-medium basalt/ironstone gravel at base of context. Munsell 7.5YR 3/2, pH 5.5. 220 to 240 mm – Mid yellowish orange cemented, fine clay. Inclusions- infrequent small basalt/ironstone gravel at top of context. Munsell 7.5YR 3/4, pH 6.5. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 123 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH D4 00 to 290 mm – Mid greyish grey compact clayey silt. Inclusions- grass roots, glass and slate fragments. Munsell 7.5YR 3/2, pH 5.5. 290 to 430 mm – Mid yellowish grey compact, fine sandy silt. Inclusions- frequent smalllargebasalt/quartz/ironstone gravel. Munsell 7.5YR 4/1, pH 5.5. 430 to 440 mm – Mid yellowish orange compact, fine clay. Munsell 7.5YR 3/4, pH 6.5. STH D5 00 to 240 mm – Dark brownish grey weak sandy silt. Inclusions- grass roots and glass fragment. Munsell 7.5YR 3/2, pH 5.5. 240 to 390 mm – Mid brownish grey weak sandy silt. Inclusions- frequent small-medium basalt/ironstone gravel. Munsell 7.5YR 5/3, pH 6. BASE 390 mm – Mid reddish orange cemented, sticky fine clay. Munsell 7.5YR 4/6, pH 6.5. Transect E 200 m 4 STH’s Start E 277848 N 5768933 End E 278111 N 57688894 Runs through the middle of the second property from the north, west to east. STH E1 00 to 170 mm – Mid greyish brown/grey compact, fine silty clay. Munsell 7.5YR 3/1, pH 5.5. 170 to 240 mm – Mid greyish brown/grey compact, fine silty clay. Inclusions- frequent small-large basalt/ironstone gravel (75% gravel). Munsell 7.5YR 3/1, pH 5.5. 240 to 270 mm – Mid yellowish orange compact, fine clay. Munsell 7.5YR 3/4, pH 6.5. STH E2 00 to 290 mm – Dark brownish grey weak sandy silt. Munsell 7.5YR 3/1, pH 5. 290 to 330 mm – Light brownish grey loose loam. Inclusions- frequent small-medium basalt/ironstone gravel. Munsell 7.5YR 5/2, pH 6. 330 to 360 mm – Dark reddish orange cemented, sticky fine clay. Munsell 7.5YR 5/6, pH 6. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 124 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH E3 00 to 200 mm – Mid greyish brown compact, fine clayey silt. Munsell 7.5YR 3/1, pH 5.5. 200 to 290 mm – Mid brownish grey compact sandy silt. Inclusions- frequent small-medium basalt/ironstone gravel. Munsell 7.5YR 3/1, pH 5.5. BASE 290 mm – Mid yellowish orange compact, fine clay. Munsell 7.5YR 3/4, pH 6.5. STH E4 00 to 190 mm – Mid greyish brown compact, fine clayey silt. Inclusions- grass roots and frequent smallmedium basalt/ironstone gravel. Munsell 7.5YR 3/2, pH 5.5. 190 to 240 mm – Mid yellowish orange compact, fine clay. Munsell 7.5YR 4/4, pH 6. Transect F 250 m 4 STH’s Start E 2777797 N 5768890 End E 278071 N 5768859 Runs 50m south of, and parallel to Transect E, west to east. STH F1 00 to 210 mm – Dark brownish grey weak sandy silt. Munsell 7.5YR 4/2, pH 5. 210 to 360 mm – Light brownish grey weak sandy silt. Inclusions- very frequent small-medium basalt/ironstone gravel. Munsell 7.5YR 5/2, pH 5.5. BASE 360 mm – Dark yellowish orange cemented, fine clay. Munsell 7.5YR 4/6, pH 6. STH F2 00 to 320 mm – Mid greyish grey compact, fine clayey silt. Munsell 7.5YR 3/2, pH 5.5. 320 to 360 mm – Mid yellowish grey cemented, fine sandy silt. Inclusions- frequent small-large basalt/ironstone gravel (75% gravel). Munsell 7.5YR 4/1, pH 5.5. BASE 360 mm – Mid yellowish orange cemented, fine clay. Munsell 7.5YR 3/4, pH 6.5. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 125 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH F3 00 to 320 mm – Dark reddish brown/brownish grey weak sandy silt. Munsell 7.5YR 3/2, pH 5.5. 320 to 460 mm – Light brownish grey weak sandy silt. Inclusions- frequent small-medium basalt/ironstone gravel. Munsell 7.5YR 5/2, pH 6. BASE 460 mm – Mid reddish/brownish orange cemented, fine sticky clay. Munsell 7.5YR 4/6, pH 6.5. STH F4 00 to 230 mm – Dark greyish black compact, fine sandy silt. Inclusions- grass roots and glass fragment. Munsell 10YR 2/1, pH 7. 230 to 360 mm – Light yellowish grey compact, medium sand. Inclusions- frequent small basalt/ironstone gravel. Munsell 7.5YR 4/1, pH 5.5. BASE 360 mm – Mid yellowish orange compact, fine clay. Munsell 7.5YR 3/4, pH 6.5. Transect G 100 m 3 STH’s Start E 277984 N 5768836 End E 277864 N 5768752 Approximately 10m south of Ash Road, running north to south. STH G1 00 to 200 mm – Light greyish grey compact, fine clayey silt. Munsell 7.5YR 3/2, pH 4.5. 200 to 240 mm – Mid greyish brown cemented, fine clayey silt. Munsell 7.5YR 4/4, pH 5. 240 to 300 mm – Light greyish grey cemented, fine clayey silt. Inclusions- frequent small-medium basalt/quartz/ironstone gravel (75% gravel). Munsell 7.5YR 6/2, pH 5. BASE 300 mm – Light greyish orange cemented, fine mottled clay. Munsell 7.5YR 4/4, pH 6. STH G2 00 to 230 mm – Mid greyish grey compact, fine clayey silt. Munsell 7.5YR 3/2, pH 5.5. 230 to 380 mm – Light greyish grey cemented, fine clayey silt. Inclusions- frequent small-large basalt/quartz/ironstone gravel (75% gravel). Munsell 7.5YR 5/3, pH 6. 380 to 400 mm – Light greyish orange/grey/white cemented, fine mottled clay. Munsell 7.5YR 4/1, pH 5.5. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 126 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH G3 00 to 270 mm – Mid greyish grey compact, fine clayey silt. Munsell 7.5YR 3/2, pH 5.5. 270 to 370 mm – Light greyish grey/white compact, fine clayey silt. Inclusions- frequent small-large basalt/quartz/ironstone gravel (75% gravel). Munsell 7.5YR 5/3, pH 6. 370 to 380 mm – Light greyish orange/grey/white cemented, fine mottled clay. Munsell 7.5YR 4/1, pH 5.5. Transect H 100 m 3 STH’s Start E 278034 N 5768837 End E 278020 N 5768737 Runs approximately 50m east of, and parallel to, Transect G, running north to south STH H1 00 to 260 mm – Mid brownish grey weak, fine sandy silt. Inclusions- grass roots. Munsell 7.5YR 4/2, pH 6.5. 260 to 330 mm – Light greyish grey weak, medium sandy silt. Inclusions- frequent small-medium basalt/ ironstone gravel (75% gravel). Munsell 7.5YR 6/2, pH 6.5. 330 to 370 mm – Dark reddish brown compact, fine clay. Munsell 7.5YR 5/6, pH 7. STH H2 00 to 280 mm – Mid brownish grey weak, fine sandy silt. Inclusions- grass roots and glass fragments. Munsell 7.5YR 3/1, pH 5.5. 280 to 330 mm – Light greyish grey firm, fine sandy silt. Inclusions- infrequent small basalt. Munsell 7.5YR 5/3, pH 6. BASE 330 mm – Dark reddish/yellowish orange cemented, fine clay. Munsell 7.5YR 5/6, pH 7. STH H3 00 to 270 mm – Mid greyish grey compact, fine clayey silt. Munsell 7.5YR 3/2, pH 5.5. 270 to 370 mm – Light greyish grey/white compact, fine clayey silt. Inclusions- frequent small-large basalt/quartz/ironstone gravel (75% gravel). Munsell 7.5YR 5/3, pH 6. 370 to 390 mm – Light greyish orange/grey/white cemented, fine mottled clay. Munsell 7.5YR 4/1, pH 5.5. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 127 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Transect I 200 m 4 STH’s Start E 277763 N 5768665 End E 277961 N 5768689 Runs through the centre of 146-158 Ash Road, running west to east. Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH I1 00 to 300 mm – Dark reddish/greyish brown friable, fine sandy silt. Inclusions- grass roots and frequent small-medium basalt/ironstone gravel. Munsell 7.5YR 3/2, pH 5.5. BASE 300 mm – Mid reddish/yellowish orange cemented, fine clay. Munsell 7.5YR 4/6, pH 6. STH I2 00 to 290 mm – Dark reddish brown friable, fine sandy silt. Inclusions- frequent small-medium basalt/quartz/ironstone gravel (75% gravel). Munsell 7.5YR 2.5/2, pH 55. BASE 290 mm – Mid yellowish orange cemented, fine clay. Inclusions- some sandy clay. Munsell 7.5YR 4/4, pH 6. STH I3 00 to 290 mm – Dark reddish brown friable, fine sandy silt. Inclusions- grass roots and frequent smallmedium basalt/quartz/ironstone gravel. Munsell 7.5YR 3/2, pH 5.5. BASE 290 mm – Mid yellowish orange cemented, fine sticky clay. Munsell 7.5YR 4/4, pH 6. STH I4 00 to 210 mm – Dark brownish grey friable, medium sandy silt. Inclusions- frequent small-medium basalt /ironstone gravel, increasing with depth. Munsell 7.5YR 3/2, pH 6. BASE 210 mm – Dark brownish grey compact, medium sandy clay. Inclusions- frequent small-medium basalt /ironstone gravel. Medium clay clumps at base. Munsell 7.5YR 4/6, pH 6. Transect J 50 m 2 STH’s Start E 277797 End E 277793 STH J1 00 to 90 mm – Dark brownish grey firm, medium sandy silt. Inclusions- grass roots. Munsell 10YR 2/2, pH 7.5. 90 to 290 mm – Dark brownish grey firm, medium sandy silt/clayey silt. Becoming clayier with depth. Inclusions- small/medium basalt/quartz/ironstone gravel; increasing with depth. Munsell 10YR 2/1, pH 6.5. 290 to 370 mm – Mid brownish grey compact, medium sandy clay/clayey silt. Becoming clayier with depth. Inclusions- very frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 4/2, pH 7. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 128 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) N 5768650 N 5768598 Runs approximately 50m east of, and parallel to, Transect G, running north to south Transect K 200 m 5 STH’s Start E 277842 N 5768549 End E 277990 N 5768525 Approximately 5m north of the southern-most boundary, running west to east. Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH J2 00 to 40 mm – Dark brownish grey firm loose/weak silt/slightly fine sandy silt. Inclusions- few grass roots and few small basalt/quartz/ironstone gravel. Munsell 10YR 2/2, pH 7.5. 40 to 390 mm – Dark brownish grey firm, fine clayey silt. Inclusions- frequent small/medium basalt/quartz/ironstone gravel, increasing in frequency with depth. Munsell 10YR 2/1, pH 6.5. BASE 390 mm – Mid brownish grey cemented, fine clayey silt/silty clay. Clay increasing with depth. Inclusions- frequent small/medium basalt/quartz/ironstone gravel, increasing in frequency with depth to comprise nearly all the base unit. Munsell 10YR 4/2, pH 7. STH K1 00 to 80 mm – Light reddish brown loose/weak fine slightly sandy silt. Inclusions- grass roots and very infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 4/3, pH 7.5. 80 to 220 mm – Light reddish brown weak fine clayey silt. Inclusions- very frequent small basalt/quartz/ironstone gravel. Munsell 10YR 2/2, pH 7. 220 to 240 mm – Light/mid brownish orange compact silty clay/clay. Inclusions- very infrequent small basalt/quartz/ironstone gravel. Mottled with pale brownish red clayey silt. Munsell 10YR 4/4, pH 7. STH K2 00 to 20 mm – Pale/light reddish brown loose, fine silt. Munsell 10YR 4/3, pH 7.5. 20 to 140 mm – Light reddish brown firm, fine clayey silt. Inclusions- frequent small/ medium basalt/quartz/ironstone gravel. Munsell 10YR 4/3, pH 7. 140 to 190 mm – Mid reddish orange cemented, fine clay. Inclusions- infrequent small basalt/quartz/ironstone gravel at top of spit. Munsell 10YR 4/4, pH 7. STH K3 00 to 150mm – Dark brownish black friable moist clayey silt. Inclusions- infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 2/2, pH 7.5. 150 to 160mm – Mid yellowish brown cemented sticky clay. Mottled with red/brown clay. Munsell 10YR 4/2 mottled with 5/8, pH 5.5. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 129 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH K4 00 to 200 mm – Dark greyish grey/black friable, medium sandy clay. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Grass roots 0-100 mm. Munsell 10YR 2/1, pH 7. 200 to 220 mm – Mid/dark reddish orange/grey compact, fine mottled clay. Inclusions- infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 4/4 mottled with 5/8, pH 7. STH K5 00 to 220 mm – Dark greyish grey friable, medium sandy clay. Inclusions- infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 2/1, pH 7. 220 to 240 mm – Mid reddish yellow/orange compact, fine mottled clay. Inclusions- infrequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 4/4 mottled with 5/8, pH 7. Transect L 150 m 7 STH’s Start E 2778547 N 5768566 End E 277991 N 5768553 Approximately 50m north of, and runs parallel to, Transect K. STH L1 00 to 240 mm – Dark brownish brown friable clayey silt. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 2/2, pH 7.5. BASE 240 mm – Light yellowish brown firm clayey sand. Inclusions- mottled with red/brown sticky clay. Munsell 10YR 4/4 mottled with Munsell 10YR 5/8, pH 7. STH L2 160-172 Ash Road IA (VAHR 7721-1174) 1 fine chert? artefact between 300mm and 350 mm 00 to 290 mm – Dark brownish grey friable clayey silt. Inclusions- frequent basalt/quartz/ironstone gravel. Munsell 10YR 2/2, pH 5. 290 to 350 mm – Pale/light yellowish brown firm, fine clayey sand. Inclusions- frequent basalt/quartz/ironstone gravel. Munsell 10YR 4/3, pH 6. BASE 350 mm – Mid reddish orange cemented sandy clay. Munsell 10YR 4/4 mottled with Munsell 10YR 5/6, pH 6. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 130 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH L3 00 to 250 mm – Dark brownish grey friable clayey silt. Inclusions- frequent small/medium basalt/quartz/ironstone gravel and moderate small shells from former sea bed. Munsell 10YR 2/2, pH 5. 250 to 290 mm – Pale/light yellowish grey compact, fine sandy clay. Mottled with sticky red/brown/yellow clay. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 4/3, pH 6. STH L4 00 to 260 mm – Dark brownish grey friable, fine sandy silt. Inclusions- frequent small/medium basalt/quartz/ironstone gravel and moderate small shells from former sea bed. Mixed with silty clay. Munsell 10YR 2/2, pH 5. BASE 260 mm – Light yellowish brown weak, fine sandy clay. Munsell 10YR 4/2, pH 6. STH L5 00 to 290 mm – Dark reddish brown friable clayey silt. Inclusions- grass roots 0-100 mm; frequent small/medium basalt/quartz/ironstone gravel, becoming more frequent with depth and moderate small shells from former sea bed. Munsell 10YR 2/2, pH 6.5. 290 to 300 mm – Light yellowish brown compact clay/sandy clay. Inclusions- moderate small basalt/quartz/ironstone gravel. Munsell 10YR 4/2 mottled with Munsell 10YR 5/6, pH 6. STH L6 00 to 270 mm – Mid greyish yellow/grey compact, medium clayey sand. Inclusions- grass roots; frequent small basalt/quartz/ironstone gravel; moderate small shells from former sea bed and some tree small/medium roots. Munsell 10YR 3/4, pH 6. 270 to 320 mm – Light yellowish grey compact sandy clay. Inclusions- frequent small basalt/quartz/ironstone gravel and some tree small/medium roots. Munsell 10YR 4/2, pH 6. BASE 320 mm – Light yellowish yellow/orange compact clay/sandy clay. Munsell 10YR 4/2 mottled with 5/6, pH 6. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 131 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH L7 00 to 100 mm – Mid greyish grey friable, medium sandy clay. Inclusions- grass roots; infrequent small basalt/quartz/ironstone gravel and moderate small shells from former sea bed. Munsell 10YR 2/1, pH 7. 100 to 350 mm – Dark greyish grey firm, medium clayey sand. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. One artefact at 300-350 mm. Munsell 10YR 2/2, pH 6. 350 to 370 mm – Mid yellowish yellow/orange compact, fine clay. Munsell 10YR 4/2 mottled with 5/6, pH 6. Transect M 150 m 6 STH’s Start E 277847 N 5768591 End E 2777995 N 5768574 STH M1 00 to 60 mm – Mid reddish brown friable, fine clayey silt. Inclusions- infrequent small/medium basalt/quartz/ironstone gravel; grass roots; moderate small shells from former sea bed and tree roots. Munsell 10YR 3/6 mottled with 5YR 4/4, pH 7. 60 to 270 mm – Mid reddish brown firm, fine clayey silt. Inclusions- very frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 3/3, pH 6. BASE 270 mm – Mid yellowish orange/grey compact clay. Inclusions- mottled with mid red/brown stick silty clay. Munsell 10YR 4/4 mottled with Munsell 10YR 4/6, pH 7. STH M2 25m north of, and runs parallel to, Transect L. 00 to 150 mm – Light reddish brown firm, fine clayey silt. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 3/6, pH 7. BASE 150 mm – Light reddish brown cemented, fine clayey silt/clay. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 3/6 mottled with 5YR 4/4, pH 7. STH M3 00 to 50 mm – Dark greyish grey firm sandy silt. Inclusions- grass roots; moderate small basalt/quartz/ironstone gravel and moderate small shells from former sea bed. Munsell 10YR 2/1, pH 7. 50 to 180 mm – Mid greyish grey firm sandy silt. Inclusions- frequent small basalt/quartz/ironstone gravel. Munsell 10YR 2/2 mottled with 5YR 4/4, pH 6.5. 180 to 200 mm – Mid yellowish orange/grey compact clay. Inclusions- infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 4/4 mottled with Munsell 10YR 4/6, pH 7. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 132 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH M4 00 to 50 mm – Dark greyish grey firm sandy silt. Inclusions- grass roots and moderate small basalt/quartz/ironstone gravel. Munsell 10YR 2/1, pH 6. 50 to 250 mm – Mid greyish grey firm sandy silt. Inclusions- several medium tree roots and frequent small basalt/quartz/ironstone gravel. Munsell 10YR 3/2, pH 6.5. 250 to 260 mm – Mid yellowish orange/grey compact clay. Inclusions- infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 4/4 mottled with Munsell 10YR 4/6, pH 7. STH M5 00 to 210 mm – Light/mid reddish brown weak, fine sandy silt/clayey silt. Inclusions- moderate small/medium basalt/quartz/ironstone gravel and moderate small shells from former sea bed. Munsell 10YR 3/4, pH 7.5. BASE 210 mm – Mid reddish brown firm/compact, fine silty clay. Inclusions- mottled with dark red/brown sticky clay; infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 3/3 mottled with 5YR 4/4, pH 6. STH M6 00 to 290 mm – Dark reddish brown weak, fine sandy silt. Inclusions- infrequent/moderate small/medium basalt/quartz/ironstone gravel. Munsell 10YR 3/6, pH 7. 290 to 300 mm – Mid yellowish orange/brown compact, fine sandy clay/silty clay. Inclusions- infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 3/6 mottled with 5YR 4/4, pH 7. Transect N 150 m 7 STH’s Start E 277829 N 5768665 End E 277978 N 5768637 STH N1 00 to 200 mm – Dark greyish grey/black firm, fine clayey silt. Inclusions- frequent small-large basalt/quartz/ironstone gravel. Munsell 7.5YR 3/2, pH 5. 200 to 210 mm – Mid yellowish orange/grey firm, fine mottled clay. Munsell 7.5YR 4/4, pH 6. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 133 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH N2 Approximately 5 to 10m north of the southern boundary of 146-158 Ash Road, running west to east. 00 to 250 mm – Dark greyish grey/black firm, fine silty clay. Munsell 10YR 2/1, pH 7. 250 to 320 mm – Dark greyish grey/black firm, fine sandy silt. Inclusions- frequent small-large basalt/quartz/ironstone gravel. Munsell 10YR 2/1, pH 7. 320 to 410 mm – Light greyish yellow firm, fine sand. Inclusions- frequent small-large basalt/quartz/ironstone gravel (50% gravel). Munsell 7.5YR 4/1, pH 5.5. BASE 410 mm – Mid yellowish/orange compact, fine mottled clay. Munsell 7.5YR 4/4, pH 6. STH N3 00 to 260 mm – Dark greyish grey/black firm, fine sandy silt. Inclusions- ceramic fragment. Munsell 10YR 2/1, pH 7. 260 to 350 mm – Light yellowish grey compact, fine sandy silt. Inclusions- moderate small-large basalt/quartz/ironstone gravel. Glass fragment. Munsell 7.5YR 4/1, pH 5.5. BASE 350 mm – Mid yellowish orange/grey compact, fine mottled clay. Munsell 7.5YR 4/4, pH 6. STH N4 00 to 250 mm – Mid/dark greyish grey/brown firm, fine clayey silt. Inclusions- infrequent small basalt/quartz/ironstone gravel. Munsell 7.5YR 3/2, pH 5.5. 250 to 360 mm – Light yellowish grey firm, fine sandy silt. Inclusions- frequent smalllargebasalt/quartz/ironstone gravel. Munsell 7.5YR 4/1, pH 5.5. BASE 360 mm – Mid yellowish orange/grey compact, fine mottled clay. Munsell 7.5YR 5/3, pH 6. STH N5 00 to 160 mm – Mid greyish grey loose, fine clayey silt. Soil has been ploughed. Munsell 7.5YR 3/2, pH 6. 160 to 320 mm – Light greyish grey weak, fine sandy silt. Munsell 7.5YR 5/4, pH 7. 320 to 340 mm – Mid brownish orange cemented, fine clay. Munsell 7.5YR 4/6, pH 7. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 134 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH N6 00 to 190 mm – Mid greyish yellow/brown cemented, medium sandy clay. Inclusions- moderate small basalt/quartz/ironstone gravel. Munsell 7.5YR 3/1, pH 5.5. 190 to 270 mm – Mid yellowish orange/brown cemented, fine clay. Munsell 7.5YR 4/4, pH 6. STH N7 00 to 80 mm – Mid greyish orange/brown cemented clay. Test hole located on vehicle track, which has cemented the ground surface. Inclusions- infrequent small basalt/quartz/ironstone gravel. Munsell 7.5YR 4/6, pH 7. Transect O 150 m 7 STH’s Start E 277852 N 5768617 End E 278002 N 5768601 e.g. 25m north of, and runs parallel to, Transect M. STH O1 00 to 140 mm – Dark greyish grey weak, fine sandy silt. Inclusions- grass roots; ceramic fragment. Munsell 10YR 2/1, pH 6.5. 140 to 240 mm – Mid/dark greyish grey/yellow firm, medium sandy clay. Inclusions- moderate small/medium basalt/quartz/ironstone gravel. Ceramic fragments. Munsell 10YR 2/1, pH 7. 240 to 310 mm – Light/mid greyish yellow/white compact, fine mottled sandy clay. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 5/4, pH 6. 310 to 330 mm – Mid yellowish orange compact fine clay. Inclusions- very infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 4/4 mottled with Munsell 10YR 4/6, pH 7. STH O2 00 to 240 mm – Mid/dark greyish grey firm, fine clayey sand. Inclusions- grass roots 0-100 mm. Munsell 10YR 2/1, pH 6.5. 240 to 320 mm – Dark greyish grey/black compact medium clayey sand. Inclusions- moderate small/medium basalt/quartz/ironstone gravel. Munsell 10YR 2/1, pH 6.5. 320 to 380 mm – Mid yellowish grey compact fine clayey sand. Inclusions- very frequent small basalt/quartz/ironstone gravel (50% gravel, 50% clay). Munsell 10YR 4/4, pH 7. BASE 380 mm – Mid yellowish orange/yellow compact fine clay. Inclusions- very infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 4/4 mottled with Munsell 10YR 4/6, pH 7. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 135 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH O3 00 to 80 mm – Dark greyish grey firm, fine clayey sand. Inclusions- grass roots 0-100 mm; glass and red brick fragments. Munsell 10YR 2/1, pH 6.5. 80 to 260 mm – Dark greyish brown compact medium clayey sand. Inclusions- moderate small/medium basalt/quartz/ironstone gravel; red brick fragments. Munsell 10YR 2/1, pH 7. 260 to 380 mm – Light yellowish yellow grey compact medium clayey sand. Inclusions- very frequent small basalt/quartz/ironstone gravel (50% gravel, 50% clayey sand). Munsell 10YR 4/3, pH 5.5. BASE 380 mm –Mid yellowish yellow/grey/orange compact fine clay. Munsell 10YR 4/4 mottled with Munsell 10YR 4/6, pH 7. STH O4 00 to 330 mm – Light/mid reddish brown weak, fine sandy silt/clayey silt. Inclusions- moderate small/medium basalt/quartz/ironstone gravel. Munsell 10YR 3/3, pH 6. 330 to 390 mm – Light/mid reddish brown weak, fine sandy silt/clayey silt. Inclusions- moderate small/medium basalt/quartz/ironstone gravel. Munsell 10YR 3/3, pH 6. BASE 390 mm – Mid yellowish yellow/orange compact, fine clay. Munsell 10YR 4/4 mottled with Munsell 10YR 4/6, pH 7. STH O5 00 to 80 mm – Dark greyish grey firm, fine clayey sand. Inclusions- grass roots. Munsell 10YR 2/1, pH 7. 80 to 330 mm – Dark greyish grey compact medium clayey sand. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 2/1, pH 7. 330 to 380 mm – Light yellowish yellow/orange compact, medium clayey sand. Inclusions- frequent small basalt/quartz/ironstone gravel. Munsell 10YR 4/4, pH 7. BASE 380 mm – Light yellowish yellow/orange compact, fine clay. Inclusions- frequent small basalt/quartz/ironstone gravel. Munsell 10YR 5/4 mottled with Munsell 10YR 4/6, pH 7. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 136 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH O6 00 to 210 mm – Light/mid reddish brown weak, fine sandy silt/clayey silt. Inclusions- moderate small/medium basalt/quartz/ironstone gravel. Munsell 10YR 3/4, pH 6.5. BASE 210 mm – Mid reddish brown firm/compact, fine silty clay. Inclusions- mottled with dark red/brown sticky clay; infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 3/3 mottled with 5YR 4/6, pH 6. STH O7 00 to 390 mm – Dark brownish grey weak, medium sandy silt. Inclusions- moderate small/medium basalt/quartz/ironstone gravel; black bottle glass fragment at 350 mm. Munsell 10YR 2/2, pH 7. BASE 390 mm – Mid yellowish brown compact, fine sandy clay/clay. Inclusions- mottled with light grey clayey silt. Munsell 10YR 4/4 mottled with Munsell 10YR 4/1, pH 7. Transect P 150 m 7 STH’s Start E 277856 N 5768640 End E 278006 N 5768626 Transect P is located within a current vehicle track- the high gravel content throughout the transect may indicate its use as a track in the past. STH P1 00 to 280 mm – Dark brownish grey firm, fine sandy clay. Inclusions- grass roots 0-70 mm. Munsell 10YR 2/1, pH 6. 280 to 290 mm – Light brownish grey compact, fine sandy clay. Inclusions- mottled with light brown/yellow sandy clay. Infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 4/2, pH 6. STH P2 00 to 320 mm – Mid/dark reddish brown weak, fine sandy silt/clayey silt. Inclusions- grass roots 0-140 mm; frequent small/medium basalt/quartz/ironstone gravel, increasing with depth. Munsell 10YR 3/3, pH 6. 320 to 370 mm – Light brownish grey compact, fine sandy clay/silty clay. Inclusions- mottled with mid/dark brownish red sandy clay. Frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 4/2 mottled with 5YR 4/6, pH 6. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 137 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH P3 00 to 280 mm – Dark reddish brown weak, fine sandy silt/clayey silt. Inclusions- grass roots 0-150 mm. Moderate small/medium basalt/quartz/ironstone gravel. Munsell 10YR 4/4 mottled with 5YR 4/4, pH 7. 280 to 380 mm – Mid yellowish/brownish grey compact, fine sandy silt. Inclusions- moderate small/medium basalt/quartz/ironstone gravel. Munsell 10YR 5/3, pH 6.5. BASE 380 mm – Mid yellowish orange compact, fine sticky clay/sandy clay. Munsell 10YR 4/4, pH 7. STH P4 00 to 280 mm – Dark brownish grey friable, medium clayey silt/sandy silt. Inclusions- grass roots 0-120 mm. Plastic wrapper fragment at 240 mm. Infrequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 2/2, pH 6.5. 280 to 300 mm – Light yellowish brown compact, fine sandy clay/clay. Inclusions- infrequent small basalt/quartz/ironstone gravel. Mottled with stick reddish brown sandy clay. Munsell 10YR 5/3 mottled with Munsell 10YR 4/6, pH 6.5. STH P5 00 to 280 mm – Dark brownish grey firm, fine sandy silt/clayey silt. Inclusions- grass roots 0-120 mm. Moderate small/medium basalt/quartz/ironstone gravel, increasing with depth. Several medium/large basalt rocks. Munsell 10YR 2/2, pH 6.5. 280 to 320 mm – Pale/light yellowish brown compact, fine sandy clay/silt clay. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Mottled with dark reddish brown/yellow sticky sandy clay. Munsell 10YR 4/2 mottled with Munsell 10YR 4/6, pH 6. STH P6 00 to 310 mm – Dark brownish grey friable, fine sandy silt/clayey silt. Inclusions- plastic piping at 180 mm in NW corner. Munsell 10YR 2/2, pH 6.5. 310 to 320 mm – Dark greyish grey compact medium clayey sand. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 2/1, pH 6.5. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 138 Transect # Transect Length (m) STH QTY Transect Start & End Point Coordinates (GDA 94, Zone 55) Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location STH P7 00 to 210 mm – Dark brownish grey firm, fine sandy silt/clayey silt. Inclusions- very frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 2/2, pH 6.5. 210 to 300 mm – Light yellowish brown firm, fine clayey silt/clayey sand. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 4/2, pH 6. Transect Q 50 m 2 STH’s Start E 277853 N 5769180 End E 277804 N 57691856 STH Q1 00 to 260 mm – Mid greyish brown/grey compact, fine sandy silt. Inclusions- grass roots and slate, ceramic and glass fragments. Munsell 7.5YR 3/1, pH 5.5. 260 to 390 mm – Light greyish grey compact, fine sandy silt. Intermediate between contexts 1 and 3. Inclusions- frequent small basalt/quartz/ironstone gravel. Moderate charcoal chunks, glass fragments. Munsell 7.5YR 5/3, pH 6. 390 to 490 mm – Light greyish grey compact, fine sand. Inclusions- frequent small-medium basalt/quartz/ironstone gravel. Munsell 7.5YR 5/3, pH 6. 490 to 510 mm – Mid yellowish orange cemented, fine clay. Munsell 7.5YR 4/4, pH 6. STH Q2 00 to 150 mm – Mid greyish grey compact, fine clayey silt. Inclusions- 1 shell fragment. Munsell 7.5YR 3/2, pH 5.5. 150 to 240 mm – Mid yellowish/greyish orange/grey cemented, fine clayey silt. Inclusions- frequent smalllarge basalt/quartz/ironstone gravel. Glass fragments. Munsell 7.5YR 4/6, pH 6. BASE 240 mm – Mid yellowish orange/grey cemented, fine mottled clay. Munsell 7.5YR 4/4, pH 6. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 139 Radial Test Hole Coordinates (GDA 94, Zone 55) Radial Test Hole 1 E 277922 N 5768728 Radial Test Hole 2 E 277916 N 5768732 Radial Test Hole 3 E 277921 N 5768724 Radial Test Hole 4 E 277919 N 5768728 Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location RTH 1 00 to 360 mm – Light reddish brown weak, fine dry sandy silt. Inclusions- frequent small-medium basalt/quartz/ironstone gravel. Glass and plastic fragments. Munsell 7.5YR 4/2, pH 5. BASE 360 mm – Dark reddish/yellowish orange compact, fine dry clay. Inclusions- infrequent small ironstone inclusions. Munsell 7.5YR 5/8, pH 6. RTH 2 00 to 320 mm – Light reddish brown weak, dry sandy silt. Inclusions- very frequent small-medium basalt/quartz/ironstone gravel. Ceramic and plastic inclusions in top 30 mm. Munsell 7.5YR 4/3, pH 5.5. BASE 320 mm – Dark reddish orange compact, fine clay. Munsell 7.5YR 4/6, pH 6. RTH 3 00 to 290 mm – Dark greyish grey compact, medium sandy silt. Inclusions- glass and ceramic fragments, and fly screen mesh. Munsell 10YR 2/1, pH 7. 290 to 380 mm – Mid greyish brown compact, medium sandy silt. Inclusions- frequent small-medium basalt/quartz/ironstone gravel. Last 100 mm contained 75 % medium-large gravel. Glass fragments. Munsell 7.5YR 3/1, pH 5.5. 280 to 440 mm – Mid yellowish orange/grey compact, fine mottled clay. Munsell 7.5YR 4/4, pH 6. RTH 4 00 to 280 mm – Light reddish brown loose, fine sandy silt. Inclusions- very frequent small-medium basalt/quartz/ironstone gravel. From 30 mm brick, ceramic, glass fragments and bullet casings. Munsell 7.5YR 5/2, pH 5.5. BASE 280 mm – Mid yellowish orange cemented, fine clay. Munsell 7.5YR 4/4, pH 6. 146-155 Ash Road IA (VAHR 7721-1171) 1 silcrete artefact on surface Located at site VAHR 7721-1171 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 140 Radial Test Hole Coordinates (GDA 94, Zone 55) Radial Test Hole L1 E 277987 N 5768550 Radial Test Hole L2 E 277991 N 5768545 Radial Test Hole L3 E 277996 N 5768553 Radial Test Hole L4 E 277991 N 5768557 Stratigraphic and Inclusion Descriptions Aboriginal Site Name Artefacts QTY and material type Stratigraphic Location RTH L1 00 to 240 mm – Dark greyish grey/black weak, fine clayey sand. Inclusions- grass roots 0-80 mm. Infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 2/1, pH 7. 240 to 270 mm – Mid reddish yellow/orange/grey compact, fine mottled clay. Munsell 10YR 4/2 mottled with Munsell 10YR 5/6, pH 6 RTH L2 00 to 320 mm – Dark greyish grey/black firm, fine clayey sand. Inclusions- grass roots 0-70 mm. Munsell 10YR 2/1, pH 7. 320 to 370 mm – Mid greyish yellow/grey firm/compact, fine clayey sand. Inclusions- slight yellow sand mottling. Moderate small basalt/quartz/ironstone gravel. Munsell 10YR 4/2, pH 7. 370 to 480 mm – Light yellowish yellow/orange/grey compact fine sand. Inclusions- infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 5/2, pH 7. BASE 480 mm – Mid reddish orange/yellow compact, fine mottled clay. Munsell 10YR 4/2 mottled with Munsell 10YR 5/6, pH 6. RTH L3 00 to 100 mm – Dark greyish grey friable, fine clayey sand. Inclusions- grass roots 0-70 mm. Moderate small basalt/quartz/ironstone gravel. Munsell 10YR 2/1, pH 7. 100 to 220 mm – Dark greyish grey firm, fine clayey sand. Inclusions- moderate small basalt/quartz/ironstone gravel. Munsell 10YR 2/1, pH 7. 220 to 360 mm – Dark greyish grey compact, fine clayey sand. Inclusions- mottled with white/yellow fine sand. Moderate small/medium basalt/quartz/ironstone gravel. Munsell 10YR 3/1 mottled with Munsell 10YR 6/4, pH 7. 360 to 400 mm – Mid orange/yellow/grey compact, fine clay. Munsell 10YR 4/2 mottled with Munsell 10YR 5/6, pH 6. RTH L4 00 to 180 mm – Dark greyish black friable, fine clayey sand. Inclusions- grass roots 0-70 mm. Infrequent small basalt/quartz/ironstone gravel. Munsell 10YR 2/1, pH 7. 180 to 330 mm – Mid/dark greyish grey firm, fine clayey sand. Inclusions- frequent small/medium basalt/quartz/ironstone gravel. Munsell 10YR 3/1, pH 7. 330 to 380 mm – Light yellowish yellow/orange/grey compact, fine mottled clay. Munsell 10YR 4/2 mottled with Munsell 10YR 5/6, pH 6. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 141 Appendix 5 - Site Gazetteer Table A5.1: Site Gazetteer Site Name Site Number Primary Grid Coordinate (GDA 94, Zone 55) Site Type Landform Cultural Heritage Significance 160-172 Ash Road IA VAHR 7721-1174 E 277991 N 5768554 Isolated Artefact Lower slope Very Low 146-155 Ash Road IA VAHR 7721-1171 E 277923 N 5768727 Isolated Artefact Lower slope Very Low 160-172 Ash Road IA2 VAHR 7721-1172 E 277937 N 5768634 Isolated Artefact Lower slope Very Low 160-172 Ash Road IA3 VAHR 7721-1173 E 277888 N 5768581 Isolated Artefact Lower slope Very Low Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 142 Appendix 6 – Artefact Analysis ORIENTED WIDTH 1 Plain 8 mm ? Feather ? 47 mm 44 mm 24 mm ? Step and scalar retouch in Q4. Use wear is evident. 2 Subsurface L7 100350 Chert? Very fine, waxy Dark grey Distal flake Conchoidal NA NA NA NA Feather 3 17.1 15.8 15.9 4.5 Retouch in Q4. Possible use wear. Retouch may be incidental but artefact appears to have a point from the notch. 3 Surface NA Surface Silcrete Light Grey ? ? ? ? ? ? ? ? ? ? ? ? 4 Surface NA Surface Silcrete Grey/ red ? ? ? ? ? ? ? ? ? ? ? ? Artefact found by TerraCulture, could not be relocated during complex assessment. No artefact information passed onto Ecology and Heritage Partners. Artefact found by TerraCulture, could not be relocated during complex assessment. No artefact information passed onto Ecology and Heritage Partners. VAHR 7721-1172 FLAKE SCARS VAHR 7721-1173 VAHR 7721-1171 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 COMMENTS ORIENTED LENGTH Conchoidal ORIENTED THICKNESS MAXIMUM DIMENSION Whole flake TERMINATION TYPE FRACTURE TYPE Pinkish grey PLATFORM THICKNESS ARTEFACT TYPE Silcrete PLATFORM WIDTH COLOUR Surface PLATFORM TYPE MATERIAL TYPE NA NO. OF PLATFORMS DEPTH Mm Surface PROVENANCE 1 VAHR SITE NUMBER 7721-1174 ARTEFACT NUMBER TEST HOLE NUMBER Table A6.1: Artefact analysis 143 Appendix 7 – Draft TerraCulture Report Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 144 Appendix 8 – Glossary Items highlighted in bold italics in the definition are defined elsewhere in the glossary. AAV Aboriginal Affairs Victoria. A division of DPCD responsible for management of Aboriginal cultural heritage in Victoria. Aboriginal cultural heritage likelihood an area assessed by a Cultural Heritage Advisor as having potential for containing either surface or subsurface Aboriginal archaeological deposits. This term is used in this report to differentiate between legislated areas of cultural heritage sensitivity and areas considered by an archaeologist to be sensitive. Aboriginal site a location containing Aboriginal cultural heritage, e.g. artefact scatter, isolated artefact, scarred tree, shell midden, whether or not the site is registered in the VAHR, cf. Aboriginal cultural heritage place. Angular fragment an artefact which has technologically diagnostic features but has no discernible ventral or dorsal surface and hence is unidentifiable as either a flake or a core Area of cultural heritage sensitivity an area specified as an area of cultural heritage sensitivity in Division 3 or Division 4 of Part 2 of the Aboriginal Heritage Regulations 2007. Artefact scatter stone artefact scatters consist of more than one stone artefact. Activities associated with this site type include stone tool production, hunting and gathering or domestic sites associated with campsites. Stone artefacts may be flakes of stone, cores (flakes are removed from the stone cores) or tools. Some scatters may also contain other material such as charcoal, bone, shell and ochre. Assemblage the name given to encompass the entire collection of artefacts recovered by archaeologists, invariably classified into diagnostic items used to describe the material culture. Backed when one margin of a flake is retouched at a steep angle, and that margin is opposite a sharp edge. The steep margin is formed by bipolar or hammer and anvil knapping. Also used to describe artefacts with backing, e.g. backed artefact. Backed artefact a class of artefact employed by archaeologists to describe artefacts which are backed. Sometimes divided into Elouera, Bondi Point, Microlith and Geometric. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 145 Bipolar a flaking technique where the object to be reduced is rested on an anvil and struck. This process is identified by flakes with platform angles close to 90 degrees as well as apparent initiation from both ends. Some crushing may also be visible. Burials Aboriginal communities strongly associate burial sites with a connection to country and are opposed to disturbance of burials or their associated sites. General considerations for the presence of burial sites are the suitability of Sub surface deposits for digging purposes; with soft soil and sand being the most likely. They are more likely near water courses or in dunes near old lake beds or near the coast. Burials are often located near other sites such as oven mounds, shell middens or artefact scatters. Chert a cryptocrystalline siliceous sedimentary stone. CHMP Cultural Heritage Management Plan. A plan prepared under the Aboriginal Heritage Act 2006. Core an artefact which has technologically diagnostic features. Generally this class of artefact has only negative scars from flake removal, and thus no ventral surface, however, for the purposes of this research core has been employed to encompass those artefacts which were technically flakes but served the function of a core (ie. the provider of flakes). Cortex the weathered outer portion of a stone, often somewhat discoloured and coarser compared with the unweathered raw material. Decortications the process of removing cortex from a stone (generally by flaking). Deep ripping the ploughing of soil using a ripper or subsoil cultivation tool to a depth of 60 cm or more (see significant ground disturbance). DPCD Department of Planning and Community Development. The Victorian State Government department, of which AAV is a part, responsible for management of Aboriginal cultural heritage in Victoria. Flake an artefact which has technologically diagnostic features and a ventral surface. High impact activity an activity specified as a high impact activity in Division 5 of Part 2 of the Aboriginal Heritage Regulations 2007. HV Heritage Victoria. A division of DPCD responsible for management of historical heritage in Victoria. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 146 Isolated finds or artefacts isolated finds refer to a single artefact. These artefacts may have been dropped or discarded by its owner once it was of no use. This site type can also be indicative of further Subsurface archaeological deposits. These site types can be found anywhere within the landscape, however, they are more likely to occur within contexts with the same favourable characteristics for stone artefact scatter sites. Manuport an object which has been carried by humans to the site. Oriented length dimension measured according to the following criteria: The length of the flake from the platform, at 90˚ to force indicators such as ringcrack, bulb of percussion, force ripples and striations, to the opposing end. Where there were an insufficient number of features present to take this measurement, such as when the flake was broken, this variable was not recorded (sometimes referred to as percussion length). Oriented thickness dimension measured at 90˚and bisecting the oriented width dimension. This was done from the ventral surface to the dorsal surface (sometimes referred to as percussion thickness). Oriented width dimension measured at 90˚and bisecting the oriented length dimension. This was done from one margin to the other. As this measurement and oriented thickness, both rely on oriented length, these were not recorded where the oriented length was not recorded (sometimes referred to as percussion width). Procurement the process of obtaining raw material for reduction. Quarries stone quarries were used to procure the raw material for making stone tools. Quarries are rocky outcrops that usually have evidence of scars from flaking, crushing and battering the rock. There may be identifiable artefacts near or within The site such as unfinished tools, hammer stones, anvils and grinding stones. Quartz a crystalline form of silica. RAP Registered Aboriginal Party. An Aboriginal organisation with responsibilities relating to the management of Aboriginal cultural heritage for a specified area of Victoria under the Aboriginal Heritage Act 2006. Raw material the kind of stone the artefacts were manufactured from. Reduction the process of removing stone flakes from another pieces of stone. Generally this is performed by striking (hard hammer percussion) one rock with another to remove a flake. Registered cultural heritage place An Aboriginal site recorded in the VAHR, cf. Aboriginal site. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 147 Retouch retouch is when a flake is removed after the manufacture of the original flake. This sequence can be observed when a flake scar is present and encroaches over the ventral surface and thus must have been made after the initial flake removal. Recorded whether retouch was absent or present on the artefact. Rock shelter a concave area in a cliff where the cliff overhangs; or a concave area in a tor where the tor overhangs; or a shallow cave, where the height of the concave area is generally greater than its depth. Scarred trees it is known that the wood and bark of trees have been used for a variety of purposes, such as carrying implements, shield or canoes. The removal of this raw material from a tree produces a ‘scar’. The identification of a scar associated with Aboriginal custom as opposed to natural scarring can be difficult. The scar should be of a certain size and shape to be identifiable with its product; the tree should also be mature in age, from a time that Aboriginal people were still active in the area. Significant ground disturbance disturbance of topsoil or surface rock layer of the ground or a waterway by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping. Silcrete a silicified sedimentary stone, often with fine inclusions or grains in a cryptocrystalline matrix. Because of the nature of the grains in silcrete (a hindrance in knapping/flaking predictability) the stone is sometimes heat treated. This exposure to heat can be identified by the presence of pot-lidding as well as a ‘lustre’ to the stone which is otherwise absent in the stones’ natural state. Exposure to sufficient heat homogenises the stone matrix and improves the knapping (flake path) predictive potential (Crabtree & Butler 1964; Mandeville & Flenniken 1974; Purdy 1974; Domanski & Webb 1992; Hiscock 1993; Domanski et al. 1994). Similar to indurated mudstone, it has also been demonstrated that silcrete from the Hunter Valley often turns a red colour after being exposed to heat (Rowney 1992; Mercieca 2000). Stone arrangements stone arrangements are places where Aboriginal people have deliberately positioned stones to form shapes or patterns. They are often known to have ceremonial significance. They can be found where there are many boulders, such as volcanic areas and are often large in size, measuring over five metres in width. Taphonomy the study of the processes (both natural and cultural) which affect the deposition and preservation of both the artefacts and the site itself. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 148 Technology a form of artefact analysis which is based upon the knapping/ manufacturing process, commonly used to subsequently infer behaviour patterns, cultural-selection and responses to raw material or the environment. Thumbnail scraper a conceptual class of artefact employed to describe small rounded retouched flakes with steep margins (based on the classification by Mulvaney & Kamminga 1999). VAHR Victorian Aboriginal Heritage Register. A register of Aboriginal cultural heritage places maintained by AAV. VHI Victorian Heritage Inventory. A register of places and objects in Victoria identified as historical archaeological sites, areas or relics, and all private collections of artefacts, maintained by HV. Sites listed on the VHI are not of State significance but are usually of regional or local significance. Listing on the VHR provides statutory protection for that a site, except in the case where a site has been “D-listed”. VHR Victorian Heritage Register. A register of the State’s most significant heritage places and objects, maintained by HV. Listing on the VHR provides statutory protection for that a site. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 149 Appendix 8 – Council Zoning Requirements Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 150 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 151 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 152 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 153 Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 154 REFERENCES Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 155 References Abele, C. 1977. Explanatory notes on the Queenscliff 1:250 000 geological map. Geological Survey of Victoria. Report 5. Barwick, D. 1984. Mapping the Past: An Atlas of Victorian Clans 1835-1904, Part 1. Aboriginal History 8 (2): 100-31. Bird, C.F.M. & Frankel, D. 1991. Problems in Constructing a Prehistoric Regional Sequence: Holocene South-East Australia. World Archaeology 23 (2): 179-192. Black, C. F. 1984. Melbourne Area- District 1. Review of the history of the Aboriginal people in district 1. Unpublished report to the Land Conservation Council. Bureau of Meteorology (BOM), 2011. http://www.bom.gov.au. Accessed 24 June 2011. Chandler. J. 2007. Bellarine Lakes Retirement Village, 402-404 Bellarine Highway, Moolap. Aboriginal Cultural Heritage Management Plan. Unpublished report to Country Club Villages Pty Ltd by Andrew Long and Associates. Clark, I. D. 1990. Aboriginal languages and Clans: An Historical Atlas of Western and Central Victoria, 1800-1900, Number 37. Department of Geography and Environmental Science, Monash University, Melbourne, Victoria. Coutts, P.J.F., Witter, D.C. & Parsons, D.M. 1977. Impact of European Settlement on Aboriginal Society in Western Victoria. Records of the Victorian Archaeology Survey 4: 1758. Crabtree, D. E and Butler, B. R., 1964. Notes on experiments in flint knapping: 1. Heat treatment of silica minerals. Tebiwa 7: 1–6. Domanski, M., Webb, J. A. and Boland, J., 1994. Mechanical properties of stone artefact materials and the effect of heat treatment, Archaeometry 36: 177–208. Domanski, M. and Webb, J. A., 1992. Effect of heat treatment on siliceous rocks used in prehistoric lithic technology. Journal of Archaeological Science 19: 601–614. DPI 2011a http://www.dpi.vic.gov.au/dpi/vro/vrosite.nsf/pages/biodiversity_bioregions_vic. Accessed 24 June 2011. DPI 2011b. http://www.dpi.vic.gov.au/dpi/vro/vrosite.nsf/pages/landform_geomorphological _framework. Accessed 24 June 2011. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 156 DSE 2011a. http://www.dse.vic.gov.au/dse/nrence.nsf/linkview/43fe7df24a1447d9ca256ee 6007ea8788062d358172e420c4a256dea0012f71c. Accessed 24 June 2011. DSE 2011b. Planning Schemes. http://www.dse.vic.gov.au/planningschemes. Accessed 24 June 2011. du Cros, H & Rhodes, D. 1998. Aboriginal Archaeological Sensitivities Study of the Waterways and Floodplains of Greater Melbourne. Unpublished report for Melbourne Water Corporation by Biosis Research Pty Ltd, Port Melbourne, Victoria. Flood, J., 1995. Archaeology of the Dreamtime. Angus & Robertson, Sydney. Gill, E.D. and Lane, L.N. 1985. Sea levels and Aboriginal oyster midden at Lake Connewarre, Victoria, Australia. Proceedings of the Royal Society of Victoria 97 (2): 95-100. Grimes, C. in Fleming, J. G. 2002. A Journal of Grimes’ Survey: The Cumberland in Port Phillip January-February 1803. Malvern, Banks Society Publications. Hiscock, P., 1993, Bondaian technology in the Hunter Valley, New South Wales, Archaeology in Oceania 28: 65–76. Mandeville, M. D. and Flenniken, J. J., 1974. A comparison of the flaking qualities of Nehawka chert before and after thermal pretreatment. Plains Anthropologist 19: 146–148. Marshall, B. 2001. An Archaeological Survey of the Site of Proposed Wind Turbines at Marcus Hill, Point Lonsdale. Unpublished report for Mr Steven Buckle, by TerraCulture Pty Ltd. Marshall, B. 2002. The Geelong Ring Road Strategic Study. Unpublished report for VicRoads by TerraCulture, Geelong, Victoria. Marshall, B. & Schell, P. 1998. Coast Action/Coast Care 1998/99 Aboriginal Archaeological Desktop Study, Victoria. Unpublished report prepared for DNRE Coast Division by Austral Heritage Consultants, Coburg, Victoria. McBryde, I. 1979 Petrology and prehistory: Lithic evidence for exploitation of stone resources and exchange systems in Australia, with an Appendix on the petrology of the greenstone quarries and their products by Alan Watchman. In T. Clough and W. Cummins (eds), Stone Axe Studies: Archaeological, Petrological, Experimental and Ethnographic, pp.113-126. London: Council for British Archaeology. McConnell, A., Buckley, K. & Wickman, S. 2002a. Aboriginal Heritage Management in Victorian Forests; Main Report (Volume 4) West Victoria Region. Unpublished report prepared for the Department of Natural Resources and Environment Victoria by Cultural Heritage Management, Archaeology & Quaternary Geoscience, Hobart, Tasmania. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 157 McConnell, A., Buckley, K. & Wickman, S. 2002b. Aboriginal Heritage Management in Victorian Forests; Subsidiary Report - Aboriginal Heritage Sensitivity Zoning, West Victoria Region. Unpublished report prepared for the Department of Natural Resources and Environment Victoria by Cultural Heritage Management, Archaeology & Quaternary Geoscience, Hobart, Tasmania. Mercieca, A., 2000. Burnt and broken: an experimental study of heat fracturing in silcrete. Australian Archaeology 51: 40–47. Morgan, J. 1852. The life and adventures of William Buckley, 1980 reprint. ANU Press, Canberra. Mulvaney, J. and Kamminga, J. 1999. The Prehistory of Australia. Allen and Unwin, Sydney. Purdy, B. A., 1974. Investigations concerning the thermal alteration of silica minerals: an archaeological approach. Tebiwa 17: 37–66. Rhoads, J. W. 1986. Bellarine Peninsula: Archaeological Site Assessment and Management Study. Unpublished report. Department of Anthropology, University of Sydney. Rhodes, D. 2003. Victorian Channel Deepening Project EES: Aboriginal Cultural Heritage. Existing Conditions Report. Unpublished report to Parsons Brinckerhoff and POMC by TerraCulture Pty Ltd. Richards, T & Jordan, J. 1999. Aboriginal Archaeological Investigations in the Barwon Drainage Basin. Aboriginal Affairs Victoria Occasional Report No. 50 Richards, T., Pavlides, C., Walshe, K., Webber, H. and Johnston, R., 2007. Box Gully: new evidence for Aboriginal occupation of Australia south of the Murray River prior to the Last Glacial Maximum. Archaeology in Oceania 42 (1): 1-11. Rowney, M., 1992 Heat treatment on the rocks: A study of heat treatment detection methods. Unpublished B.A. (Hons) thesis, Department of Prehistoric and Historical Archaeology. University of Sydney, Sydney. Spreadborough, R. & Anderson, H. 1983. Victorian Squatters. Red Rooster Press, Ascot Vale. Stockton, J. 1985. Bellarine Peninsula Archaeological Survey, Position Paper No. 1. Unpublished report to the Bellarine Peninsula Archaeological Survey Steering Committee. TerraCulture Pty Ltd. 2006. An Archaeological Survey at 702-720 Portarlington Road, Leopold. Unpublished report to The Planning Group. TerraCulture. 2004. Bellarine Transfer Main Duplication Archaeological and Heritage Investigation. Unpublished report for Barwon Water by TerraCulture Pty Ltd. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 158 Wynd, I. 1988. Balla-Wein: A History of the Shire of Bellarine. Shire of Bellarine. Wynd, I. 1986. Geelong the Pivot. Geelong Historical Society, Geelong. Residential Subdivision, Ash Road Leopold, Victoria: CHMP 11776, January 2012 159