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Page 1 of 16 HERITAGE COUNCIL OF NSW MINUTES OF MEETING Meeting Number 358 5 th May 2010 Heritage Branch, Department of Planning 3 Marist Place, Parramatta PRESENT Gabrielle Kibble (Chair), Rosemary Annable, Danny Chapman, Don Godden, Tom Gellibrand (for Director General, Department of Planning), Sharon Sullivan (Deputy Chair), David Logan, Peter Mould, Julie Bindon, Norman Laing (for Director-General Department of Environment, Climate Change and Water) APOLOGIES nil ALSO PRESENT Heritage Branch Staff: Petula Samios, Tim Smith, Cameron White, Vincent Sicari, Colleen Klingberg Miriam Stacy – Heritage Branch - Item 9 1. Opening – Welcome The Chair opened the meeting at 9:05 am. 1.2 Confirmation and Timing of Agenda The agenda was confirmed. 1.3 Declarations of Interest Pecuniary Interests Nil Non Pecuniary Interests Nil Conflicts of Interest Nil 2.0 Confirmation of Minutes 2.1 Heritage Council Meeting of 14 th April 2010 Members considered minutes of the meeting of 14 th April 2010. Resolved: That the Heritage Council of NSW: 1. adopt the minutes of 14 th April 2010. 3.0 Reports

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HERITAGE COUNCIL OF NSW

MINUTES OF MEETING

Meeting Number 358

5th May 2010

Heritage Branch,

Department of Planning

3 Marist Place, Parramatta

PRESENT Gabrielle Kibble (Chair), Rosemary Annable, Danny Chapman, Don

Godden, Tom Gellibrand (for Director General, Department of

Planning), Sharon Sullivan (Deputy Chair), David Logan, Peter

Mould, Julie Bindon, Norman Laing (for Director-General

Department of Environment, Climate Change and Water)

APOLOGIES nil

ALSO

PRESENT

Heritage Branch Staff: Petula Samios, Tim Smith, Cameron White,

Vincent Sicari, Colleen Klingberg

Miriam Stacy – Heritage Branch - Item 9

1. Opening – Welcome

The Chair opened the meeting at 9:05 am.

1.2 Confirmation and Timing of Agenda

The agenda was confirmed.

1.3 Declarations of Interest

Pecuniary Interests Nil

Non Pecuniary Interests Nil

Conflicts of Interest Nil

2.0 Confirmation of Minutes

2.1 Heritage Council Meeting of 14th April 2010

Members considered minutes of the meeting of 14th April 2010.

Resolved:

That the Heritage Council of NSW:

1. adopt the minutes of 14th April 2010.

3.0 Reports

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3.1 Chair’s Report

The Chair advised of her attendance with the Director, Petula Samios and Deputy

Chair, Sharon Sullivan at the ICOMOS conference at Broken Hill (22-25 April 2010)

with its theme of rural and pastoral heritage. The Chair presented an address to the

conference and announced the listing of the three Broken Hill sites, Former BHP

Offices and Ruins, the Wesley Uniting Church and Hall Group, and the Afghan

Mosque on the State Heritage Register. Heritage achievement awards were also

presented to the Broken Hill Council and to local Heritage Advisor, Elizabeth Vines

acknowledging the considerable heritage achievements over several decades. The

Chair advised that the last of the descendants of the Afghans living in Broken Hill

were very happy that site is now protected.

The members were pleased that Elizabeth Vines had been recognised for her

twenty-five years of commitment to Broken Hill heritage matters.

Resolved:

That the Heritage Council of NSW:

1. notes the report

3.2 Director’s Report

Members noted the Director’s Report. Mention was made of the following items:

SHR Award certificates - Following an earlier discussion by the Heritage Council’s

State Heritage Register Committee, the Heritage Branch has initiated a new policy

of presenting framed ‘SHR Listing Certificates’ to owners and manages of items

newly listed on the State Heritage Register.

Project Beneath Gallipoli - The Premier and Minister for Planning took the

opportunity at the Anzac Memorial press announcement to signal the NSW

Government’s sponsorship of a community archaeological survey project headed by

Tim Smith in Turkey, Project Beneath Gallipoli. The project group will undertake a

comprehensive sonar and diving survey of the underwater landscape associated

with the Gallipoli battlefields of ANZAC Cove and Suvla Bay.

Broken Hill - The ICOMOS conference at Broken Hill (22-25 April 2010) was a

great success with its theme of rural and pastoral heritage. The conference was

supported by the Heritage Branch and Heritage Council through a principle sponsor

grant. Heritage Branch staff Dr Olwen Beazley and Bronwyn Hanna presented a

joint paper on factors affecting rural heritage identification, promotion and ongoing

management.

Mount St Mary’s College and Convent – Mount St Mary’s College and Convent

(also known as The Renaissance Centre) located in Katoomba has been identified as

being in a state of disrepair with a number of major problems that do not comply

with the maintenance and repair provisions of the Heritage Regulations.

The members noted the current status of the site and expressed concern over the

future of the site.

Reussdale - State Heritage Register-listed Reussdale, possibly the earliest

example of High Victorian architecture in Glebe, was the subject of a number of

applications with the Heritage Council and remained derelict for some years. It has

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now been restored and placed on the market and is seen as a heritage success

storey.

Evans Head - Evans Head Airpark Pty. Ltd. has developed a proposal for the use of

the Evans Head Memorial Aerodrome for a residential airpark with additional

facilities including boutique hotel, restaurant and museum. The proposal is broadly

consistent with the draft Plan of Management for the site, allowing an ongoing

aviation use and includes the restoration of significant elements including Bellman

Hangar 160 and a Machine Gun Pit. Although no formal application has been made

at this stage, a concept plan has been prepared for the proposal. The proponents

will be making a presentation to the Approvals Committee on this concept plan.

The members noted the receipt of a letter from Mr Richard Gates of The Evans

Head Memorial Aerodrome Committee expressing concerns in regards to the

proposal by Richmond Valley Council for a retirement village at the site.

Varroville - The RTA is planning to construct a truck rest area within the road

corridor on the F5 Freeway northbound at Varroville which is likely to impact the

setting of a State listed early colonial property Varroville. The main house dating

from the 1850s and a later driveway are listed on the Register. The proposed

works are outside the curtilage of the present listing. The Heritage Branch report

recommended the Heritage Council consider reviewing the present listing boundary.

The members noted that the RTA would be presenting to the Approvals Committee

and also noted the concern that works may impact on the property. The members

requested that if the proposal requires a further discussion in regards to the current

curtilage of the site that the Heritage Council be advised.

Resolved:

That the Heritage Council of NSW

1. requests the Heritage Branch to update the Heritage Council on the

outcomes of the Varoville matter with the Approvals Committee;

2. notes the report

3.2.1 Matters approved under Delegation (Listings team)

3.2.2 Matters approved under Delegation (Conservation team)

3.2.3 Heritage Council Meeting Action Report

Members noted the reports.

Resolved:

That the Heritage Council of NSW:

1. notes the reports.

3.3 Member’s Reports

The members noted with pleasure the request by The Getty Conservation Institute’s

request to utilise the Heritage Council’s guidelines on Salt Attack and Rising Damp

in their training programs.

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David Logan advised the members that his company Godden Mackay Logan have

been engaged by Randwick City Council to provide evidence in the Land &

Environment Court in relation to the Flowers Ward at the Prince Henry site, Little

Bay, Randwick.

The members noted the discovery of intact archaeology (a colonial brick drain)

during works at Old Government House. Further significant finds within the rear

courtyard believed to be remains of 1790s outbuildings (thought to date to the

Governor Phillip period) have also been exposed. The members noted that the

Heritage Branch has provided advice that the remains should be retained in situ.

Resolved:

That the Heritage Council of NSW:

1. notes the report

4.0 Presentations - NIL

5.0 Matters for Consideration and Decision

5.1 Listing Matters for Consideration and Decision

5.1.1 Archaeological Remains of Overseer’s Cottages, Port Macquarie –

Recommendation to List

The Members considered a report for the proposed recommendation to list the item

Archaeological Remains of Overseers’ Cottages, 30-44 Clarence Street, Port

Macquarie. The proposed item meets all seven of the Heritage Council Criteria of

State heritage significance.

The members were advised that Port Macquarie was established as a penal

settlement for secondary punishment in 1821. The cottages are closely related to

the function of the penal settlement from 1821 to 1830. With the changeover from

penal settlement to town, they were either associated with the continuation of

penal institutions in Port Macquarie until the 1840s or the development of the town

until the 1860s. The site continued its association with the cultural life and

administration of the town with the construction of the School of Arts in 1884 and

the Town Hall in 1891.

The historical and archaeological evidence at this particular site reveal the principal

characteristics of building technology used in the Penal Settlement at Port

Macquarie, both brick and slab construction. The site demonstrates aspects of the

original plan of the penal settlement’s street alignments. The archaeological

remains contribute to our understanding of the administration of the penal

establishment (1821-1830) and of the later town (1831 onwards).

The Members discussed the proposed recommendation to list and agreed on the

significance of the item and to recommend the listing to the Minister as per the

following resolution.

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Resolved:

That the Heritage Council of NSW:

1. in accordance with section 33 (1)(d) of the Heritage Act, 1977 advises

the Minister that the item known as “Archaeological Remains of

Overseers’ Cottages” at 30 – 44 Clarence Street, Port Macquarie, Lot

101 DP1140251 is of State heritage significance, as shown in the plan

at Annexure A of these minutes;

2. recommends to the Minister, in accordance with sections 32(1) and (2)

of the Heritage Act, that the Minister directs the listing of the item,

Archaeological Remains of Overseers’ Cottages at 30 – 44 Clarence

Street, Port Macquarie on the State Heritage Register;

3. in accordance with sections 33 (1)(e) of the Heritage Act 1977, gives

notice of its decision to persons notified under section 33(1)(a); and

4. in accordance with section 57(2) of the Heritage Act, recommend the

Minister grant the following exemption/s from section 57(1) in addition

to the Heritage Council Standard Exemptions:

a. All works to the Arts and Entertainment Centre not affecting

the fabric or significance of the archaeological remains or of

the related movable collection.

5.1.2 The Ben Hall Sites – Recommendation to List

The members received a report on the proposal to recommend to the Minister to list

a serial listing of six Ben Hall sites on the State Heritage Register. Members noted

that collectively the proposed Ben Hall sites meet all 7 of the Heritage Council

criteria of State heritage significance. The six sites being Escort Rock; Cliefden;

Wandi; Bushranger Hotel; Ben Hall’s Death Site and Ben Hall’s Grave.

Escort Rock Eugowra, natural rock formation and old coach road; Cliefden

homestead complex, Mandurama; Wandi Marulan, former Plumb’s Inn; Bushranger

Hotel Collector, former Kimberley Commercial Hotel; Ben Hall’s Death Site Forbes,

site where Hall was shot by police and died and Ben Hall’s Grave, Forbes.

The members were advised that previous concerns raised by affected owners had

been addressed and that the listing is supported. In regards to the Escort Rock site

the members requested that the agreement with Cabonne Council is formalised.

The members also recognised that the owners of Cliefden may require assistance to

begin repairs and restoration. The members asked that the Heritage Branch ensure

that the owners are aware of grants available to them. The members discussed the

opportunity this site affords the community to have interpretation at all sites.

The Members discussed the proposed recommendation to list and agreed on the

significance of the item and to recommend the listing to the Minister as per the

following resolution.

Resolved:

That the Heritage Council of NSW:

1. in accordance with section 33 (1)(d) of the Heritage Act, 1977

advises the Minister that the items known as, “The Ben Hall Sites”:

a. Escort Rock, Part of Lot 159 of Deposited Plan 750159, Parish of Goimbla, County of Ashburnham;

b. Cliefden, Part of Lot 11 of Deposited Plan 566218 , Parish of Hampton, County of Bathurst;

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c. Wandi, Part of Lot 5 of Deposited Plan 657521, Parish of

Marulan, County of Argyle;

d. Bushranger Hotel, Lot 3 of Deposited Plan 554640, Parish of Collector, County of Argyle;

e. Death Site, Part of Lot 11 of Deposited Plan 6869, Parish of Yarragong, County of Ashburnham;

f. Grave, Part of Lot 7094 of Deposited Plan 1023245, Parish of

Hampton, County of Bathurst;

defined in accordance with the curtilages shown at Annexure B to G of

these minutes are of State heritage significance;

2. recommends to the Minister, in accordance with sections 32(1) and

(2) of the Heritage Act, that the Minister directs the listing of the

items, “The Ben Hall Sites”, on the State Heritage Register;

3. in accordance with sections 33 (1)(e) of the Heritage Act 1977, gives

notice of its decision to persons notified under section 33(1)(a); and

in accordance with section 57(2) of the Heritage Act, note that the

Heritage Council Standard Exemptions and the Special Exemptions

specified in Annexure E of the prepared report will apply;

4. recommend that an Interpretation Plan be prepared for the Ben Hall

Sites according to the Heritage Council’s endorsed policy and

guidelines;

5. acknowledge the concerns of Mr Rothery and Ms Locket regarding

Cliefden and direct the Department to work with them regarding the

staged compliance with section 118 of the Heritage Act 1977 and

other conservation and upgrade works having regard to the ability of

the owners to pay for these works;

6. requested that the agreement with Cabonne Shire Council in regards

to future management of the rest area of Escort rockbe formalised;

7. requested that the Heritage Branch investigate avenues of possible

funding to conserve Cliefden.

5.2 Conservation Matters for Consideration and Decision – Nil Matters

5.3 Administrative and Policy Matters for Consideration and Decision

5.3.1 Appointment of Archaeology Advisory Panel Members

The members received a report on the Appointment of Archaeology Advisory Panel

Members. The members were advised that the term of the previously appointed

Archaeology Advisory Panel ended on 30 April 2010. The members were advised

that through an Expressions of Interest process the Heritage Branch has identified

nine suitable applicants for the vacant positions.

The members were advised that no person with the specific skill-set Experience in

Project Management/Development applied. The members requested the Heritage

Branch to continue to source a suitable applicant meeting this skill set.

The members discussed the proposed candidates and agreed to appoint nine (9)

individuals named in the following resolution, to the Archaeology Advisory Panel for

a three year term.

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Resolved:

That the Heritage Council of NSW:

1. Appoint the following (9) individuals for 3 year term on the

Archaeology Advisory Panel:

a. Ms Jacqui Goddard – CHAIR

b. Dr Tracy Ireland – Academic (currently teaching)

c. Associate Professor Judy Birmingham – Academic/Tertiary

Sector (Retired)

d. Ms Monique Galloway – State Government Experience (SHFA)

e. Ms Sarah Cameron – Local Government Experience

f. Mr Mitch McKay – Local Government Experience and

Interpretation

g. Dr Edward Higginbotham – Historical Archaeologist

(consultant)

h. Ms Wendy Thorp – Historical Archaeologist (consultant)

i. Ms Liz Holt – Conservator with experience in archaeological

site conservation

2. Appoint the following individual to Observer status:

a. Ms Kylie Seretis (Department of Planning)

3. Allow the Heritage Branch to compile an eligibility list to be used in

event of a casual vacancy during the term of the Panel with any such

appointment to be referred to the Heritage Council at the relevant

time.

5.3.2 Appointment of Maritime Archaeology Advisory Panel Members

The members received a report on the Appointment of Maritime Archaeology

Advisory Panel Members. The report advised that at the Maritime Archaeology

Advisory Panel (MAAP) meeting on 10 December 2009, the Panel identified the

need for additional archaeological skills. It has since been proposed that the

position of Archaeology Representative be created to enhance the Panel skill base

and support the future development of new policies and procedures for the

management of Maritime Archaeology in NSW.

The report also advised that in addition to the new Archaeology position, the

History representative has retired and the position needs to be filled by a suitably

qualified individual.

The members were advised that through an Expressions of Interest process the

Heritage Branch has identified two suitable applicants for the vacant positions.

The members discussed the recommendation for the new position and the

recommended applicants to fill the vacant positions and agreed to make the

appointments as per the following resolution.

Resolved:

That the Heritage Council of NSW:

1. Appoints Prof. Iain McCalman to the position of History

Representative on the Maritime Archaeology Advisory Panel for a

fixed three year term (June 2010 to July 2013);

2. Appoints Dr Wayne Johnson to the newly created position of

Archaeology Representative on the Maritime Archaeology Advisory

Panel for a fixed three year term (June 2010 to July 2013);

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3. Allow the Heritage Branch to compile an eligibility list to be used in

event of a casual vacancy emerging during the term of the Panel with

any such appointment to be referred to the Heritage Council at the

relevant time.

5.3.3 History Advisory Panel membership revisions 2010–13

The members received a report on the History Advisory Panel membership revisions

2010–13. The report advised the members of proposed changes to the

membership of the History Advisory Panel in line with changes that have occurred

in relation to the Heritage Act amendments and the implementation of the thematic

approach to listings. The members were advised that the proposed changes had

been agreed to by the current members of the panel.

The members discussed the proposed changes and agreed to the recommendations

as per the following resolution.

Resolved:

That the Heritage Council of NSW:

1. Amends the following membership categories for the History

Advisory Panel by:

a. deleting the category termed “Nominee of Heritage Council’s

Aboriginal Heritage Advisory Panel”

b. revising the category termed “Nominee of the Royal

Australian Historical Society (who shall be chair of the panel)

to “Nominee of the Royal Australian Historical Society”

c. creating a new category termed “Heritage Council member

with expertise in NSW or Australian history”

d. creating a new category termed “Member with expertise in

one of more of the Heritage-Council endorsed listing themes”

to enable a temporary panel appointment for such duration as

seems appropriate to support the Thematic Listing Program.

2. Amends the terms of reference for the History Advisory Panel by:

a. deleting term 3 —“To advise on priorities and policies for the

history components of grants programs administered by the

Heritage Branch” and

b. replacing with a new term 3 —“To support the work of the

Heritage Branch’s State Heritage Register Thematic Listings

Program”.

3. approves the introduction of staggered membership terms where

these are considered appropriate by the History Advisory Panel and

the Heritage Branch.

6.0 Matters for Information or Noting – Nil Matters

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7.0 Reports from Heritage Council Committees

7.1 Approvals Committee

7.2 State Heritage Register Committee

Resolved:

That the Heritage Council of NSW:

1. notes the reports.

8.0 General Business

Catherine Hill Bay – the members discussed the current status of the nomination

to list this site on the State Heritage Register. The members agreed that it is

appropriate for the process of identifying if this is of State significance to be

progressed.

Apologies - David Logan advised the members that he will be absent from the

upcoming June and July meetings. Rosemary Annable advised that she will also be

absent from the June meeting.

Resolved:

That the Heritage Council of NSW:

1. requests the Heritage Branch to continue work on the nomination of the

Catherine Hill Bay site;

2. notes the reports.

9.0 Report Back on Heritage Grants Review

Miriam Stacey joined the meeting.

The members received a presentation and draft report from Mr Ray Tonkin on the

Heritage Grants Review. The members discussed the findings and

recommendations presented. The members thanked Mr Tonkin for his report to

date.

Resolved:

That the Heritage Council of NSW:

1. notes the reports.

There being no further items, the meeting closed at 11:45 am.

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Annexure A Agenda item: 5.1.1

Archaeology of Overseers’ Cottages, Port Macquarie Listing Boundary Endorsed

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Annexure B Agenda item: 5.1.2

Ben Hall Site – Escort Rock Listing Boundary Endorsed

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Annexure C Agenda item: 5.1.2

Ben Hall Site – Cliefden Listing Boundary Endorsed

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Annexure D Agenda item: 5.1.2

Ben Hall Site – Wandi Listing Boundary Endorsed

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Annexure E Agenda item: 5.1.2

Ben Hall Site – Bushranger Hotel Listing Boundary Endorsed

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Annexure F Agenda item: 5.1.2

Ben Hall Site – Ben Hall’s Death Site Listing Boundary Endorsed

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Annexure G Agenda item: 5.1.2

Ben Hall Site – Grave of Ben Hall Listing Boundary Endorsed