Aboriginal Cultural Heritage

Clarence Valley Council acknowledge the Bundjalung, Gumbaynggirr and Yaegl people as being the traditional owners and custodians of the land and waters within the Clarence Valley and recognise the continuing connection of Aboriginal people to Country. Council also acknowledge and respect that the Bundjalung, Gumbaynggirr and Yaegl people have the right to speak for both the tangible and intangible cultural heritage aspects with the Clarence Valley landscape.

Cultural heritage sites across the Clarence Valley include shell middens, stone artefact scatters, isolated artefacts, grinding grooves, rock art and engravings, rock shelters, scarred trees, stone arrangements, stone and ochre quarries, fish traps, water holes and burials.

Council has a statutory obligation to conserve Aboriginal cultural heritage, including Aboriginal objects and Aboriginal places of heritage significance by considering the effect of proposed developments, and to consult with the local traditional owners and custodians.

State Legislation and guidelines

The National Parks and Wildlife Act 1974 (NPW Act), administered by the NSW Office of Environment and Heritage (OEH), is the primary legislation for the protection of some aspects of Aboriginal cultural heritage in New South Wales. Other relevant legislation is the NSW Heritage Act 1977 and the NSW Environmental Planning and Assessment Act 1979.

Any development proposal that is within or adjacent to land that contains a known Aboriginal cultural heritage site, must consider and comply with the requirements of the National Parks and Wildlife Act 1974 and any other legislative requirements. Before carrying out any on-ground work or activity, thought must be given to how it might affect Aboriginal sites and the exercise of due diligence to see if Aboriginal sites might be harmed by activities.

The NSW Aboriginal Heritage Information Management System (AHIMS) database contains records of Aboriginal places and objects. A AHIMS search report must be provided with all development proposals. Consultation is also required with the relevant Local Aboriginal Land Council if an Aboriginal site is identified on a search. Checking AHIMS is part of this due diligence.

If Aboriginal sites are identified within the search area, you must complete an extensive search to obtain more information.

You may also need to:

  • consult with Aboriginal communities and heritage officers
  • consider redesigning the project to avoid impacts
  • prepare an Aboriginal Cultural Heritage Assessment (ACHA)
  • apply for permits if site disturbance is unavoidable.

The OEH provides a range of guidelines to assist proponents and councils meet their legislative requirements, as follows:

Clarence Valley Aboriginal Heritage Study

The Clarence Valley Aboriginal Heritage Study was commissioned for future management of Aboriginal cultural heritage within the existing relevant New South Wales (NSW) and Commonwealth Statutory frameworks. The aim of the Study is to identify places of significance, record those places (if appropriate), and develop recommendations for their management and conservation, which will assist Council to develop strategies to manage Aboriginal sites and places and develop a protocol for ongoing Aboriginal community liaison.

Clarence Valley Aboriginal Heritage Study(PDF, 49MB)

Clarence Valley Local Aboriginal Land Council Information

There are eleven Local Aboriginal Land Council boundaries within the Clarence Valley. Five of which that have their offices in the Clarence Valley LGA:

  • Baryulgil Square LALC
  • Birrigan Gargle LALC
  • Grafton Ngerrie LALC
  • Jana Ngalee LALC
  • Yaegl LALC
Clarence-Valley-LALC.png

 

More information about Local Aboriginal Land Councils can be accessed at the link below.

Local Aboriginal Land Councils

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