protecting aboriginal heritage on pastoral country · 2016-05-07 · title: protecting aboriginal...

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A HANDBOOK FOR PASTORAL LESSEES, STATION MANAGERS, STAFF AND CONTRACTORS Crown Solicitor’s Office NATIVE TITLE SECTION PROTECTING ABORIGINAL HERITAGE ON PASTORAL COUNTRY

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Page 1: PROTECTING ABORIGINAL HERITAGE ON PASTORAL COUNTRY · 2016-05-07 · Title: Protecting Aboriginal heritage on pastoral country: a handbook for pastoral lessees, station managers,

A HANDBOOK FOR PASTORAL LESSEES, STATION MANAGERS, STAFF AND CONTRACTORS

Crown Solicitor’s Office NATIVE TITLE SECTION

PROTECTING ABORIGINAL HERITAGE

ON PASTORAL COUNTRY

Page 2: PROTECTING ABORIGINAL HERITAGE ON PASTORAL COUNTRY · 2016-05-07 · Title: Protecting Aboriginal heritage on pastoral country: a handbook for pastoral lessees, station managers,

Title: Protecting Aboriginal heritage on pastoral country: a handbook for pastoral lessees, station managers, staff and contractors. Acknowledgement: This handbook was compiled with the assistance of staff from the Aboriginal Heritage Branch of the Aboriginal Affairs and Reconciliation Division in the Department of the Premier and Cabinet and from the Native Title Unit at the Aboriginal Legal Rights Movement Inc. © Government of South Australia (Crown Solicitor’s Office) 2006

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TABLE OF CONTENTS PURPOSE OF THIS HANDBOOK 1

WHAT IS PROTECTED? 2

TYPES OF OBJECTS 3

Commonly found stone artefacts 3

TYPES OF SITES 5

Campsites 5 Burial sites 6 Stone arrangements 7 Quarries 8 Tool making workshops 9 Natural resource sites 10 Rock art 11 Scarred trees 12 The Dreaming 13

AVOIDING AREAS LIKELY TO CONTAIN SITES 14

Natural water sources 14 Sand dunes 15 Rock outcrops 15 Undisturbed vegetation and ground 16

IF YOU FIND A SITE 17

HOW ELSE CAN YOU MANAGE ABORIGINAL HERITAGE ON YOUR

PROPERTY 18

Find out if there are sites on your property 18 Talk to local Aboriginal people 18 Site conservation planning 18 Negotiate an Indigenous Land Use Agreement 18

FURTHER INFORMATION 19

Contacts 19 Reading 20

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Purpose of this handbook This handbook will help pastoral lessees, station managers, staff, contractors and other land users better understand and look out for Aboriginal heritage. It provides examples of Aboriginal sites most commonly found on pastoral stations and identifies areas where you are most likely to find such sites. Aboriginal sites are easily damaged or destroyed by natural processes such as erosion, cattle and burrowing animals, and by human activities such as grading, fencing, ripping rabbit burrows and general development. Even activities that could be considered low impact, such as re-vegetation, can disturb Aboriginal sites. While we are unable to prevent the slow destruction of sites by wind and water, we can prevent damage to sites through human activities by adopting careful work practices. The images and short descriptions in this book will help you to become more aware of Aboriginal heritage on your station and adjust your work practices accordingly.

DISCLAIMER This handbook is a guide only. It is not an authoritative statement on anthropology, archaeology or the law. The objects and sites shown in this book are just some examples of Aboriginal sites and objects. They are not, however, necessarily of significance under the Aboriginal Heritage Act (1988). Under that legislation the question of significance needs to be determined by the Minister for Aboriginal Affairs and Reconciliation in consultation with the traditional owners in each case. In addition, this guide may not describe all types of Aboriginal objects or Aboriginal sites that are of significance according to Aboriginal tradition or according to Aboriginal anthropology, archaeology or history.

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What is protected?

The South Australian Aboriginal Heritage Act (1988) protects all Aboriginal sites, objects and remains. An Aboriginal site is an area of land of significance according to Aboriginal tradition or according to Aboriginal archaeology, anthropology or history. An Aboriginal site may include Aboriginal objects or Aboriginal remains. Any land, developed or undeveloped, can contain sites relating to Aboriginal life and Aboriginal use of natural resources such as water, animal and vegetable foods, and stone or timbers. Sites relating to Aboriginal spiritual beliefs and ceremonial activities are also common. Some Aboriginal sites are easily recognised. Others have little physical evidence of their significance. An Aboriginal object is an object of significance according to Aboriginal tradition or according to Aboriginal archaeology, anthropology or history. Objects may be made of stone, shell, wood or other materials and are frequently found at Aboriginal sites. What looks like a simple stone could be an important artefact. Aboriginal remains are the whole or part of the skeletal remains of an Aboriginal person. The South Australian Government maintains a register of Aboriginal sites and objects, which documents several thousand sites on pastoral country. This register, however, is not comprehensive and there are likely to be thousands more sites and objects that have not yet been recorded on it. Sites and objects are protected whether or not they are on the register. Unless a person has obtained ministerial authorisation, he or she is not allowed to damage, disturb or otherwise interfere with sites, objects or remains. All land users and developers need to be mindful of this. Penalties for breaches of the Aboriginal Heritage Act (1988) are severe, with fines of up to $10,000 for individuals (or imprisonment for six months) and $50,000 for a company.

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Types of objects

Aboriginal people traditionally produced objects from a variety of naturally occurring materials including wood, shells, bone, animal skins, plant material and stones. Apart from stone, most of these materials deteriorate quite quickly. That is why today most surviving objects are those made of stone. Stones were the natural tool kit. When sharpened they could be knives or used for carving and scraping, they could be hammers, anvils and axes or they could be used for grinding. To make the smaller stone tools, small flakes of stone would be removed from a larger rock (the core) by striking it with a hammer stone.

Commonly found stone artefacts

A selection of flaked stones, including a small

scraper (centre) and cores – Murnpeowie Station

Flaked stones – Todmorden Station

Hammer stones and partial grinding stone –

Alton Down Station

Hammer stones – Wintinna Station

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Because of their size and smooth surface, grinding stones are impressive artefacts. They were an essential item in central Australia, often used to grind seeds to flour for making damper. The lower grinding stone, a large stone surface on which the seeds are placed, is called a “millstone”. The smaller stone that is held in the hand to grind the seeds is the “muller”.

Muller – De Rose Hill Station

Millstone – Murnpeowie Station

Other frequently encountered stone tools include: knives - these consist of flakes and blades with more or less flaked sharp edges. They were often used only once and then discarded; chisels (also known as adzes) - these were often hafted with resin and used for wood work; points - these were used as spear barbs or points, with the thick back mounted in gum in a groove cut in the spearhead; scrapers - these have often been worked to have a steep, concave edge on at least one side which may be used to make wooden implements and scrape out animal skins; hammer stones - used for a variety of purposes, most notably for making other stone tools, but also for breaking nuts or seeds, opening shellfish or shredding bark. Large pebbles or any other large and hard rock might do, including some that also served as cores for smaller stone tools.

Yankunytjatjara woman demonstrating grindstone use – De Rose Hill Station

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Types of sites

The following types of sites are all common on pastoral stations.

Campsites Campsites may have a number of features including: coal and blackened earth from old fire places; stone tools or, more recently, tools made from metal and glass; general debris such as animal bones, shells and stone flakes from making tools; and the structures of humpys or wurleys (wiltja in Pitjantjatjara, karnku in Yankunytjatjara, punga in Arabana, Wangkangurru & Dieri). Things to look out for are wooden structures, black marks on the ground (from fire) and unusually dense scatters of stones or bones. Usually, campsites are found where the ground was comfortable, for example on the side of sand dunes or in sandy spots along creeks.

This camp site on Stuart Creek Station combines post-contact objects, like glass and metal items

with stone tools

The remains of an old wiltja on De Rose Hill

Station

Burnt clay indicating old fire places or

hearths – Gidgealpa Station

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Burial sites Different Aboriginal peoples in South Australia had different burial practices. In some areas people were buried at the campsite where they died. In other areas people had dedicated burial grounds (i.e. cemeteries), and in others the deceased were placed in trees and their bones removed at a later time. Any graves were usually shallow and covered with rocks or timber. Sometimes small mounds or the presence of charcoal and ochre show the existence of a grave, but often there is no sign of the grave until the bones are exposed.

Exposed human skeletal remains on Tinga Tingana Station

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Stone arrangements Stone arrangements had different traditional uses. Some were, and perhaps still are, used in ceremonies. Others were used in hunting, to trap animals or hide the hunters. Stone arrangements can be small and inconspicuous or spread over a large area.

Stone arrangement next to track (the lines in the centre of the picture) – Wabma Kadarbu Mound Springs Conservation Park on Stuart

Creek Station

Stone arrangement – one of a number at this

particular location on Murnpeowie Station

These meandering lines of stones on De Rose

Hill Station may look haphazard but they form part of an extensive stone arrangement

Stone circle – Todmorden Station

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Quarries Quarries are places where Aboriginal people obtained ochres, grinding stones, rain stones, and other stones used as tools or in ceremony.

Silcrete, chert, quartz and quartzite were commonly used for cutting tools. Grinding stones were made from sandstone and quartzite. Large and important ochre quarries supplied an extensive trading network. Possibly the most significant ochre mine in South Australia is found in the northern Flinders Ranges, but there are smaller ochre quarries scattered across the state.

Quarries may consist merely of small rock outcrops. They may also be found along the side of hills or in small chasms.

Rock outcrop quarry – note extraction marks on rock

– Todmorden Station

“Rain stone” quarry on Mungeranie Station (note

crow bar in foreground)

This small chasm was a source of

ochre – Callana Station

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Tool making workshops Workshops are areas where Aboriginal people turned raw, quarried stones into usable tools, such as spear or axe heads and grinding stones. They are common sites. Workshops may be located close to the quarry from where the raw material was obtained but can also be a considerable distance away. Often they are in the vicinity of camp sites, but Aboriginal people also worked tools ‘on the go’ and signs of tool making are everywhere in the outback.

Almost every stone has been worked. The stones were brought to this sand dune from

elsewhere because it was a comfortable place to work – Murnpeowie Station

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Natural resource sites As well as quarries there are other places that are valued as the source of particular natural resources. Such sites may include groves of trees favoured for the production of spears, areas known to be favoured by grubs or honey ants and areas where particular plants such as pituri or bush tomatoes grow. Water sources are highly valued and include rock holes that catch rainwater and soaks that are dug out to access underground water.

Acacia kempeana (witchetty bush): ilykuwara for Yankunytjatjara speakers, ngurlpudu for

Adnyamathanha speakers and other names in other languages, the roots of this bush are

favoured by witchetty grubs

Soaks are dug out to fill with underground water when surface waters have dried up –

Lambina Station

Significance of placenames Aboriginal placenames often refer to the natural resource value of a place. For example in names such as Urtjantjara, on De Rose Hill Station, ‘urtjan’ means spear and ‘–tjara’ indicates that there are lots of them at that place. This is a reference to a species of tree used to make spears that grows there. Similarly, in the name Ngapangandri, a place on Murnpeowie Station, ‘ngapa’ means water and ‘ngandri’ means mother, indicating that it is a large and reliable waterhole. It may be useful to ask about the meaning of the Aboriginal placenames in your area.

Santalum acuminatum (Quandong, native

peach, peach tree): mangarta for Yankunytjatjara speakers, urti for

Adnyamathanha speakers and other names in other languages

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Rock art Rock art includes paintings, drawings, stencils, and engravings that have been abraded or hammered into the rock surface. Because of the slow and difficult task of engraving in tough rock, the patterns and figures are usually simple: animal tracks, circles, lines and crescents. Paintings can be more elaborate, but they are also more likely to get damaged and only survive in sheltered sites.

Traditional cave painting – De Rose Hill

Station

Post-contact painting of man on horse with

gun – De Rose Hill Station

Rock engraving – Murnpeowie Station

Rock engraving – Murnpeowie Station

Rock art often had religious significance, which may or may not still be remembered by Aboriginal people today. There are also some striking examples of rock art that show historical events, such as the image above of a figure with a gun on horseback.

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Scarred trees Trees were scarred by the removal of bark for various implements. In the south-east of South Australia, very large sheets of bark were removed to make canoes. In the outback, smaller pieces of bark were used to make shields or carrying dishes. In all cases the trees retained distinct marks. As the practice of obtaining bark has not been common for a long time in most parts of the State, scarred trees are generally old and are fairly rare in outback areas.

Small scar on tree, possibly from making a dish – Todmorden Station

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The Dreaming The Dreaming is a term anthropologists and many Aboriginal people use to refer to the time when, according to Aboriginal tradition, the land, the people and their laws and customs were created by ancestral beings. These ancestral beings followed tracks across the country, creating and naming places. Only people who know the stories for an area know the tracks and places that are named and spoken about in Aboriginal “Dreaming” stories. Sites that are significant under Aboriginal traditional law because of the Dreaming can take many forms. Sometimes they are marked through stone arrangements or rock art, but often they are not marked by any visible human activity. They can be simple natural features, such as a particular rock or tree, cluster of stones, flood plain, hill, cliff face or sand dune. Some sites are sacred under the Dreaming and only accessed by Aboriginal people for ceremonial purposes. Many, however, also correspond to good camping places and areas where resources are in abundance. Any of the other site types outlined in this document may also be significant because of the Dreaming.

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Avoiding areas likely to contain sites

You can reduce the risk of accidentally damaging Aboriginal heritage by avoiding certain areas that are more likely to contain sites. These include the following:

Natural water sources Traditional Aboriginal life was largely structured around available water sources. After rains water could be found in clay pans and rock holes, but at other times people relied on hand dug wells and the more permanent waterholes in creek beds. As a general rule, the chance of coming across Aboriginal sites, objects and remains is greatly increased within 100m of any water source. In addition, the clay pans, rockholes, water holes and soaks themselves are often of mythological significance.

Water is of course very important to pastoralists. Today’s bores are often found at the sites of former soaks and the cattle will be using the same waterholes used by Aboriginal people in the past. Because it is impossible to avoid many of those areas in the course of pastoral work, extra care should be taken when near water sources, especially when going off existing tracks.

Rockholes such as this on Lambina Station

provided water after rains and allowed temporary access to country where there were no other water

sources

Deep waterholes such as this on Murnpeowie

Station served as base camps for many months of the year and are likely to be surrounded by a lot of

artefacts

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Sand dunes Any stone found on sand dunes is likely to have been brought there by Aboriginal people. Sand dunes near water sources and on the edges of clay pans often contain large and important archaeological sites. Sand dunes may also conceal Aboriginal remains. Even where no objects or remains can be seen on the surface they may still occur beneath the sand. Wherever possible, avoid any scatters of stones on sand dunes and build tracks and fences around rather than through sand dunes.

Rock outcrops Many different types of sites are found in rock outcrops. These include quarries, rock art, stone arrangements and ceremonial sites.

Rock outcrop quarry – Todmorden Station

The likely mythological significance of this

rock outcrop was recorded by missionaries at the beginning of the 20th century

Sand dunes such as this on Moolawatana Station are always

moving, covering up and revealing artefacts and remains. They may also be of mythological significance.

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Undisturbed vegetation and ground Any areas where vegetation has never been cleared or the ground never been disturbed may contain sites, especially if the vegetation has resource value. Extra care needs to be taken when entering such areas with vehicles or other machinery.

Shrubs such as this Grevillea juncifolio (honey

grevillea) on Lambina Station provide bush tucker – in this case honey

Although not obvious at first sight this area of

shrubs and sand is dense with artefacts – Murnpeowie Station

What just looks like gibber and rocks or a patch of swamp to non-Indigenous people may well have mythological significance to Aboriginal people – the significance of both of these landforms has been

recorded by researchers in the past – Murnpeowie and Dulkaninna Stations

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If you find a site

Even if you avoid areas that are more likely to contain sites, objects or remains, you may still occasionally come across any of those unexpectedly. If you do find a site, objects or remains: DO NOT disturb the site, object or remains in any way. DO NOT collect anything from the site, as this reduces its scientific value. DO NOT touch painted art, as this will wear it off. DO NOT touch up painted art or scratch engravings to make them clearer for photographs. DO stop any activities near the site or object. DO re-route any fence, track or other development that you had planned that would interfere with the site. DO contact the Heritage Branch of the Aboriginal Affairs and Reconciliation Division and inform its staff of your find. (contact details are at the back of this handbook) If you have entered into an ILUA with an Aboriginal group over your property it is courteous (and may be part of your obligations under the ILUA) to inform the designated Aboriginal contact person of the site at the next opportunity.

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How else can you manage Aboriginal heritage on your property

As lessee or station manager, there are a number of steps you could take to manage Aboriginal heritage on your property.

Find out if there are sites on your property You can contact the Aboriginal Affairs and Reconciliation Division (AARD) to find out if there are any registered or reported sites on your property. To help officers at AARD identify what sites are on your station, you will need to identify the various leases that make up your station. AARD can then inform you whether there are sites on your property and which areas it is best to avoid so as not to damage, disturb or interfere with them.

Talk to local Aboriginal people A good way of managing heritage is to be in touch with local Aboriginal people who know the sites on your station. If you have a native title claim over your property, you may be dealing with native title claimants. When claims are settled, pastoralists and claimants often come to agreements about how to manage Aboriginal heritage in a way that gives both sides greater certainty. In addition, AARD can provide you with contact details for your local Aboriginal heritage organisation and you can discuss the sites on your station with its members.

Site conservation planning Some sites may be considered of such high significance that they need a conservation plan. This decision is usually made by AARD who then develops a conservation plan in consultation with the landowners and the local Aboriginal community. If you are interested in ensuring conservation of sites on your property you should contact AARD.

Negotiate an Indigenous Land Use Agreement If your station is covered by a native title claim, you and the relevant native title claimants could negotiate an Indigenous Land Use Agreement (ILUA) dealing (amongst other things) with heritage. An ILUA can give you certainty about future improvements on your station and give Aboriginal people certainty about access and the protection of their heritage. You can contact the ILUA Negotiation Team at the Attorney-General’s Department for further information.

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Further information

Contacts

Aboriginal Affairs and Reconciliation Division If you want further information on managing Aboriginal heritage you can contact the Aboriginal Heritage Branch at the Aboriginal Affairs and Reconciliation Division of the Department of the Premier and Cabinet. Telephone 8226 8938 or by writing to:

Principal Heritage Officer Aboriginal Heritage Branch

Aboriginal Affairs and Reconciliation Division Department of the Premier and Cabinet

PO Box 2343 Adelaide SA 5001

You can find additional information about the Aboriginal Heritage Branch and how it may be able to assist you on the web at: http://www.premcab.sa.gov.au/dpc/department_aard

Indigenous Land Use Agreement Negotiation Team If you want further information about entering into an ILUA over your station you can contact the Native Title Claim Resolution Unit of the Attorney-General’s Department. Telephone 8207 1728 or by writing to:

Executive Director South Australian Native Title Claim Resolution Unit

Attorney-General’s Department GPO Box 464

Adelaide SA 5001 You can find additional information about the ILUA Team and the ILUA process on the web at: http://www.iluasa.com

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Reading If you are interested in finding out more about Aboriginal heritage and culture or native plants and their significance to Aboriginal people, the following books can be good starting points.

Archaeology Flood, Josephine 2004. Archaeology of the dreamtime: the story of prehistoric Australia and its people. J.B. Publishing: Marleston, SA Flood, Josephine 1997. Rock art of the dreamtime: images of ancient Australia. HarperCollinsPublishers: Pymble, NSW McCarthy, Frederick 1976. Australian Aboriginal Stone Implements. Australian Museum: Canberra

Culture Berndt, Ronald and Berndt, Catherine 1964. The World of the First Australians: an introduction to the traditional life of the Australian Aborigine. Ure Smith: Sydney Edwards , William 1988. An Introduction to Aboriginal Societies. Social Science Press: Wentworth Falls

History Mattingley, Christobel and Hampton, Ken (editors) 1988. Survival in our own land: ‘Aboriginal’ experiences in ‘South Australia’ since 1836. Wakefield Press: Adelaide

Native plants Kutsche, Frank and Lay, Brendan 2003. Field Guide to the Plants of Outback South Australia. Dept of Water, Land & Biodiversity Conservation: Adelaide Latz, Peter 1995. Bushfires & Bushtucker, Aboriginal Plant Use in Central Australia. IAD Press: Alice Springs.