Suite 911-912

155 King Street

Sydney NSW 2000

p 02 9232 5373

f 02 9232 5316 ABN 26 120 187 671 ACN 120 187 671

14 May 2013 North Richmond Joint Venture Andrew Flaherty Project Manager PO Box 1918 PENRITH NSW 2750 Andrew, RE. PROPOSED ZONING PLAN REPORT UPDATE

NORTH RICHMOND RELEASE AREA – REDBANK ABORIGINAL HERITAGE ASSESSMENT

This letter provides an updated review of the 2008 report North Richmond Release Area 108 Grose Vale Road Aboriginal Heritage Assessment Kelleher Nightingale Consulting (KNC) prepared for the North Richmond Joint Venture. KNC has been requested to review the 2008 report in accordance with:

1. Identified Aboriginal archaeological heritage (Figure 1);

2. Redbank Proposed Zoning Plan (ML Design, Figure 2) and;

3. Statutory changes since September 2009.

The review has also taken the following in consideration:

• Approximately 1,400 homes in addition to the Seniors Living Facility currently under construction,

• Local Council roads including bus route,

• Small scale local centre of approximately 1.0Ha,

• Retention and modification of three (3) – four (4) existing farm dams within the project site to become open water bodies,

• Construction of four (4) primarily trunk drainage corridors (with a secondary riparian and tertiary open space function) separating planned residential areas,

• Retention of an existing farm dam on Redbank Creek and vegetation improvement to the primarily riparian corridor along the south bank of Redbank Creek, which extends along the project site perimeter,

• Capacity improvements to a key component of existing stormwater infrastructure along with water quantity management downstream of the project site, discharging to Redbank Creek,

• An alternate east-west access to North Richmond providing a significant improvement in vehicle traffic road capacity and the duration of available flood free access for the local area,

• Multiple road connections to existing Grose Vale Road (3), Arthur Phillip Drive (2), Townsend Rd (1) but no connection to Belmont Grove.

Potential Impact to Aboriginal cultural heritage The North Richmond Release Area (property) has 10 identified archaeological features (Figure 1) based on a preliminary 2008 assessment. Five of the archaeological sites are contained in areas designated as open space or located within Redbank Creek (sites 45-5-0510, 45-5-0513, 45-5-0514, 45-5-0515 and 45-5-0516). It is possible that these five sites will not be impacted by the proposed rezoning. These five sites will require further assessment if they are impacted by the future development either directly or by increased discharging of water into Redbank Creek. For impacted sites, under current NSW legislation, an Office of Environment and Heritage (OEH) Aboriginal Heritage Impact Permit (AHIP) will be required. Four archaeological sites (sites 45-5-0512, NR8, NR9 and NR10) and one potential archaeological deposit (NR PAD 1) will be impacted by proposed residential development. NR10 has been issued with an AHIP on the 23 October 2012 and a subsequent variation on 22 November 2012. Sites 45-5-0512 and NR8 will require an AHIP and associated archaeological salvage prior to any impact at these locations. Site NR9 will not require mitigation, but will require an AHIP prior to any impact. NR PAD 1 will require test excavation in accordance with the OEH Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales to determine the best management of the potential archaeological deposit. If significant Aboriginal objects are found and it is determined that it is not possible to conserve these objects an AHIP and associated archaeological salvage will be required prior to any impact. A consultation program with Aboriginal stakeholders will be required for the proposed development. The consultation program will need to adhere to relevant OEH requirements. A due diligence assessment should be undertaken prior to any future development of the property. The assessment should comply with the OEH Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales. Summary Ten archaeological features exist on the North Richmond property. None of the identified archaeological sites should prevent the proposed development of the land. One site, NR10 has already been issued with an AHIP by OEH. Some of the archaeological sites associated with the property may be conserved as they are located in open spaces and riparian zones. Impacted archaeological sites will require the implementation of a process for the management/mitigation of Aboriginal cultural heritage and undertaking a consultation program with the Aboriginal community. The required process and consultation must adhere to relevant OEH requirements. If you have any questions or require further information, please don’t hesitate to contact me on (02) 9232 5373. Yours sincerely

Dr Matthew Kelleher Director/Archaeologist

Figure 1. North Richmond Release Area – Aboriginal Archaeological Heritage (KNC 2008:5)

Figure 2. Redbank Proposed Zoning Plan