HVO 2009 Annual Environmental Management Report - Final

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Coal & Allied – Hunter Valley Operations cultural heritage project, cultural heritage investigation and assessment methodologies. They have also developed a process for the selection and engagement of Aboriginal corporate entities to provide project management and administrative coordination services and for the selection and engagement of Aboriginal cultural heritage field officers. The CHWG developed an innovative process for the selection of administrative coordinators, Aboriginal cultural heritage field officers, and technical advisors to support the Rio Tinto Coal Australia cultural heritage program including the conduct the cultural heritage assessment and management work. In consultation with the CHWG, Rio Tinto Coal Australia advertised nationally for expressions of interest from technical advisors (e.g. archaeologists, anthropologists, historians) and regionally for both administrative coordinators (e.g. local Aboriginal corporations) and cultural heritage field officers (e.g. people recognised by the Aboriginal community as being culturally qualified to conduct heritage work) to register with the CHWG to participate in project work. Registers of cultural heritage field officers, administrative coordinators and technical advisors have been established for this purpose. The CHWG oversees the selection and rostering of field officers, coordinators, and advisors to ensure an equitable and transparent process for the conduct of cultural heritage field programmes. The CHWG consultation and cultural heritage management process operates alongside the Coal & Allied Aboriginal Development Consultative Committee (ADCC) established in 2006. The ADCC has been formed by Coal & Allied and representatives from the local Aboriginal Community to provide funding for activities and projects that will benefit the Upper Hunter Aboriginal people. The ADDC aims to develop long term positive relationships between Coal & Allied and the Upper Hunter Aboriginal community and to build the Aboriginal community into the future. 3.12.2 Management of Archaeology and Cultural Heritage Archaeology and cultural heritage are managed in consultation with the Aboriginal community in accordance with the Rio Tinto Cultural Heritage Management Standard, Rio Tinto Coal Australia CHMS Work Procedures, existing Aboriginal Heritage Management Plans and Development Consent conditions, the National Parks and Wildlife Act, 1974 (NPW Act) and the Environmental Planning and Assessment Act, 1979 (EP&A Act). Aboriginal cultural heritage investigations, assessments, surveys and studies (which include archaeological investigations) are undertaken prior to the commencement of new development activities. Comprehensive and systematic cultural heritage assessment surveys are conducted by representatives of the Aboriginal community assisted by technical advisors and Rio Tinto Coal Australia personnel. The Aboriginal community determine the significance of cultural heritage objects, sites and places and the CHWG meets to discuss appropriate management measures. Technical advisors provide input for the consideration of archaeological and scientific significance and associated management requirements. The Rio Tinto Coal Australia CHMS combines several elements to protect, manage and mitigate cultural heritage at HVO which include; Ongoing consultation and involvement of the local Aboriginal community in all matters pertaining to Aboriginal cultural heritage management; The Coal & Allied EMS Environmental Procedure 2.1 Cultural Heritage Management, existing Aboriginal Heritage Management Plans and Development Consent conditions; A cultural heritage Geographic Information System (GIS) and Cultural Heritage Zone Plan (CHZP) incorporating cultural heritage spatial and aspatial data (site location, description, assessments, date recorded, associated reports, management provisions and various other details to assist with the management of sites); A GDP system for the assessment and approval of ground disturbing activities to ensure these activities do not disturb cultural heritage places; Limit of Disturbance Boundary (LODB) procedures to demarcate approved disturbance areas and delineate areas not to be disturbed; Ongoing cultural heritage sites inspections, monitoring and auditing along with regular compliance inspections of development works; AEMR 2009 139
Coal & Allied – Hunter Valley Operations Protective management measures such as fencing/barricading sites to avoid disturbance, protective buffer zones, cultural heritage off-set areas; and Communicating cultural heritage issues and site awareness to personnel via the Coal & Allied intranet and tool box training sessions. The CHMS GIS, CHZP, EMS Environmental Procedure 2.1 Cultural Heritage Management, EMS Environmental Procedure 13.3 Ground Disturbance Permit and LODB requirements are the key operational and planning tools utilised to protect and manage Aboriginal cultural heritage at HVO. A GDP permit must be obtained prior to the commencement of any disturbance of Coal & Allied land outside current mining operations. All cultural heritage approvals and conditions are assessed and authorised by Rio Tinto Coal Australia Aboriginal Relations, Brisbane. The GDP permit and Limit of Disturbance Boundary alert personnel to the general location of cultural heritage sites in the vicinity of operations and provides clarity on the extent and boundary of approved work areas to personnel conducting ground disturbing activities. Operational compliance with GDP requirements for the protection of Aboriginal cultural heritage is internally audited under the CHMS procedures by Rio Tinto Coal Australia Aboriginal Relations and through external auditing processes associated with the HVO EMS requirements and Rio Tinto Cultural Heritage Management Standard audit protocols. Staff from Rio Tinto Coal Australia Aboriginal Relations and HVO environmental personnel, conduct pre and post-construction GDP work area inspections to ensure compliance with GDP approvals and conditions. In 2009 a total of 43 GDP’s at were assessed at HVO along with regular targeted work area inspections carried out as part of the routine CHMS risk management procedures. Where mining or associated activities will significantly affect Aboriginal cultural heritage, an appropriate consent and / or permit is sought from the DECCW under sections 87/90 of the NPW Act. New major project developments are assessed under Part 3A of the EP&A Act which makes provision for Rio Tinto Coal Australia and Aboriginal parties to develop a Cultural Heritage Management Plan. On 24 March 2009 the Minister for Planning approved the HVO South Coal Project (PA_06_0261). The new approval encompasses all of the HVO mining development areas south of the Hunter River. HVO South PA 06_0261, Schedule 3, Part 40 requires that the Coal & Allied prepares and implements an ‘Aboriginal Heritage Management Plan (AHMP)’ to be submitted and approved by the Director-General, DoP, within 12 months of the date of the development approval and that the ‘Aboriginal Heritage Management Plan’ be prepared in consultation with DECCW and the Aboriginal community. A draft AHMP has been developed in consultation with DECCW and the CHWG and was submitted to DoP in May 2009 for review and approval. HVO mining development activities located north of the Hunter River are regulated under DA-450-10-2003 which consolidated a number of previous development consents for mining operations. Cultural heritage management requirements are outlined in Schedule 4, conditions 37 to 41A of DA-450-10-2003. Condition 40 requires that the provisions of the Cultural Heritage Indigenous Management Agreement (CHIMA), approved in August 2002 under superseded DA 106-6-99, continue in application for the Carrington Mine area. During 2009 DECCW granted Aboriginal Heritage Impact Permit (AHIP) s90 consent #1102084 for cultural salvage of a number of Aboriginal heritage sites associated with the HVO Riverview Pit. DECCW also granted a variation to AHIP care and control permit #2863 to include cultural artefacts salvaged under AHIP #1102084. Care and control permit #2863 consolidates authorities for Coal & Allied to take custody of cultural artefacts salvaged under AHIP consents 1708, 1795, 1870, 2086, 2233, 2488, 2491, 2547, 3147, 2906 and 1102084. The duration of Care and Control permit #2863 was also extended to January 2013, to further facilitate negotiations between Rio Tinto Coal Australia and the Aboriginal community in the Upper Hunter Valley in regards to long term custodial arrangements for the Aboriginal cultural material. AEMR 2009 140
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HVO 2009 Annual Environmental Management Report - Final

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