Wambo Coal AEMR 2010-2011 - Peabody Energy

2010-2011 AEMRpreviously issued Interim Community ConsultationRequirements (ICCR) for Applicants (DEC 2004).The ACHCR guidelines apply to all AHIPapplications prepared after 12th April 2010. Forprojects commenced before the 12th April 2010,Section 1 (Q1) of the transitional arrangementsindicates that if Aboriginal consultation wascommenced prior to the 12th April 2010 (includingadvertising and notification of stakeholders), thenconsultation is to be continued under the previousICCR guidelines.Aboriginal heritage sites within the WCPL miningleases were identified and assessed during the2003 EIS. The location of sites is shown on Figure3.21.The WCPL Surface Disturbance Permit (SDP)process requires the location of the proposeddisturbance to be checked, to ensure that anarchaeological and heritage assessment has beenconducted and that any Aboriginal artefacts orobjects likely to be impacted upon have beensalvaged in accordance with the relevant permitsissued under the NPW Act, or are protected fromdisturbance.OEH released a publication entitled Due DiligenceCode of Practice for the Protection of AboriginalObjects in New South Wales on 24th September2010. This Code of Practice was developed with theexpress intention of satisfying the due diligencerequirement contained within s87(2) of the NPW Act1974. In September 2010, the NSW MineralsCouncil released a publication entitled NSWMinerals Industry Due Diligence Code of Practicefor the Protection of Aboriginal Objects which is arecognised industry specific code of practice. Duediligence inspection relates to the physicalidentification of Aboriginal objects. Communityconsultation is only required once Aboriginal objectshave been detected and if an Aboriginal HeritageImpact Permit (AHIP) is deemed necessary. TheOEH due diligence requirements are described asthe minimum standard of care required, however, itis noted within that Code of Practice that anyindustry-specific due diligence procedures of ahigher standard should be followed instead.3.13.1.2 Environmental PerformanceSalvageA Section 87/ 90 Permit (#2222) (now known as anAboriginal Heritage Impact Permit) was issued toWCPL by the DEC (later DECCW and now OEH)under the NPW Act on 20 June 2005. Inconsultation with the DECCW and local Aboriginalgroups, the DECCW granted approval to extend thepermit for an additional 5 years, expiring on the 19June 2015.Ongoing artefact analysis works associated with thesalvage programme were conducted during thereporting period in accordance with therequirements under Permit #2222. The salvageprogramme targeted sites in the approved Open Cutdisturbance area.The arrangements for the salvage operationfollowed the Interim Community ConsultationGuidelines (ICCG) issued by the DEC in 2004. Allrespondents to the ICCG process attended a siteinduction at WCPL on 12 February 2009. Themembers of the Wonnarua Aboriginal CommunityStakeholders (WACS) undertook the salvage andexcavation works under the guidance of anarchaeologist.Temporary Keeping PlaceThe WACS, WCPL and the Archaeologist from RPSHSO met at WCPL in February 2009 and agreed ona Temporary Keeping Place that was subsequentlyapproved by the DECCW on 14 July 2009. Allartefacts salvaged during the operation are stored atthe Temporary Keeping Place under Permit #3130for Care and Control of Aboriginal Objects Salvagedunder Section 87/ 90 permits #2085 and #2222 inaccordance with the NPW Act (1974 as amended).During May and June 2010, several salvageprograms were undertaken in accordance with therequirements under Permit #2222. The salvageprograms targeted sites in the north western portionof the approved Open Cut disturbance area.3.13.1.3 Aboriginal Cultural HeritageConservation Agreement –Remnant Woodland EnhancementArea (A)During the last reporting period WCPL engaged anArchaeologist to establish an Aboriginal CulturalHeritage Conservation Agreement for RWEP AreaA. The preparation of this document involvedconsultation with local Aboriginal Groups and theOEH and was developed in accordance withDA305-7-2003, Schedule 4, Consent Condition 51.The agreement establishes protocols formaintaining the cultural significance within RWEPArea A.Page 70