Lake Victoria Operating Strateg y...Lake Victoria Access Protocol 65 Protocol for the Employment of Aboriginal Workers at Lake Victoria 68 Lake Victoria Cultural Landscape Plan of

L a k e V i c t o r i a O p e r a t i n g S t r a t e g y

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Our valuesWe agree to work together, and ensure that ourbehaviour reflects the following values.

Courage

• We will take a visionary approach, provide leadership and be prepared tomake difficult decisions.

Inclusiveness

• We will build relationships based on trustand sharing, considering the needs offuture generations, and working togetherin a true partnership.

• We will engage all partners, includingIndigenous communities, and ensurethat partners have the capacity to befully engaged.

Commitment

• We will act with passion and decisiveness,taking the long-term view and aiming forstability in decision-making.

• We will take a Basin perspective and anon-partisan approach to Basinmanagement.

Respect and honesty

• We will respect different views, respecteach other and acknowledge the realityof each other’s situation.

• We will act with integrity, openness andhonesty, be fair and credible, and shareknowledge and information.

• We will use resources equitably andrespect the environment.

Flexibility

• We will accept reform where it isneeded, be willing to change, andcontinuously improve our actionsthrough a learning approach.

Practicability

• We will choose practicable, long-termoutcomes and select viable solutions toachieve these outcomes.

Mutual obligation

• We will share responsibility andaccountability, and act responsibly,with fairness and justice.

• We will support each other throughnecessary change.

Our principlesWe agree, in a spirit of partnership, to use thefollowing principles to guide our actions.

Integration

• We will manage catchments holistically;that is, decisions on the use of land,water and other environmental resourcesare made by considering the effect of thatuse on all those resources and on allpeople within the catchment.

Accountability

• We will assign responsibilities andaccountabilities.

• We will manage resources wisely, beingaccountable and reporting to our partners.

Transparency

• We will clarify the outcomes sought.

• We will be open about how to achieveoutcomes and what is expected fromeach partner.

Effectiveness

• We will act to achieve agreed outcomes.

• We will learn from our successes andfailures and continuously improveour actions.

Efficiency

• We will maximise the benefits andminimise the costs of actions.

Full accounting

• We will take account of the full range ofcosts and benefits, including economic,environmental, social and off-site costsand benefits.

Informed decision-making

• We will make decisions at the mostappropriate scale.

• We will make decisions on the bestavailable information, and continuouslyimprove knowledge.

• We will support the involvement ofIndigenous people in decision-making,understanding the value of thisinvolvement, and respecting the livingknowledge of Indigenous people.

Learning approach

• We will learn from our failures and successes.

• We will learn from each other.

Integrated catchment management in the Murray–Darling BasinA process through which people can develop a vision, agree on shared values and behaviours, makeinformed decisions and act together to manage the natural resources of their catchment: theirdecisions on the use of land, water and other environmental resources are made by considering theeffect of that use on all those resources and on all people within the catchment.


L a k e V i c t o r i a C u l t u r a l L a n d s c a p e P l a n o f M a n a g e m e n t

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Lake VictoriaCultural LandscapePlan of ManagementM A Y 2 0 0 2

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Lake Victoria Cultural Landscape Plan of Management

Published by the Murray–Darling Basin MinisterialCouncil

Office addressLevel 5, 15 Moore St, Canberra, Australian CapitalTerritory

Postal addressGPO Box 409, Canberra ACT 2601

Tel: (02) 6279 0100; from overseas +61 2 6279 0100

Fax: (02) 6248 8053; from overseas +61 2 6248 8053

Email [email protected]

Internet http://www.mdbc.gov.au

ISBN 1 876830 35 2

© Murray–Darling Basin Commission 2002

This work is copyright. Photographs and coverartwork, and the MDBC logo, are not to bereproduced or stored by any process withoutpermission. However, text and other graphics in thispublication may be reproduced in whole or in part,provided the information is not sold or put tocommercial use and its source (‘Murray–Darling BasinMinisterial Council 2002, Lake Victoria CulturalLandscape Plan of Management’) is clearlyacknowledged. Reproduction and storage for otherpurposes is prohibited without prior permission of theMurray–Darling Basin Commission.

Ref No. I&D MDBC 7532


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THE s90 CONSENTCULTURAL LANDSCAPE PLAN OF MANAGEMENT

TABLE OF CONTENTS

PART 1: FOREWORD 1

Introduction 1

Development of the Plan of Management 1

Acknowledgment of the Spirit of Cooperation 3

Geographic Scope of the Plan of Management 3

How to Read This Plan 3

PART 2: THE CULTURAL SIGNIFICANCE OF LAKE VICTORIA 7

2.1 Lake Victoria’s Role as a Water Storage 7

Legislative Framework—The Murray–Darling Basin Agreement 7

Role of Lake Victoria 7

Historical Operation of Lake Victoria for Water Conservation 8

Harmony Operations with Menindee Lakes 8

Additional Dilution Flows 8

Salinity Management 8

Water Storage and Re-regulation 9

Environmental Flow Management 9

2.2 Lake Victoria as a Cultural Landscape 10

The Cultural Landscape 10

The Lake Environment 10

Cultural Heritage 10

Natural Heritage 11

Values of Associated People 12

2.3 Statement of Significance 17

Assessment of Heritage Significance 17

Statement of Significance 18

2.4 Factors Affecting Heritage 22

Historic and Current Impacts on the Lakeshore 22

Assessment of Impacts on Heritage Significance 23

Management Zones 23

Management Requirements 29

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PART 3: THE CONSENT CONDITIONS 33

3.1 Introduction 33

Legislative Framework 33

Overview of the s90 Consent 33

Objective of the Plan of Management 34

How to Read Part 3 of the Plan of Management 34

3.2 Consent Conditions, Objectives, Strategies and Action Plans 35

Relationship between Consent Conditions, Strategies and Action Plans 35

Life of Consent Condition, Strategy and Action Plans 36

Ongoing Review 36

Formal Review Process 36

3.3 Lake Victoria Advisory Committee and Community Relations 50

Lake Victoria Advisory Committee 50

Barkindji Elders Committee 50

Broader Community 51

3.4 Strategies for Cultural Heritage Conservation 51

Background 51

Vegetation 51

The Lake Victoria Operating Strategy 52

3.5 Research and Monitoring 52

Research 52

Research Plan 55

Monitoring 55

Description of the Monitoring Programs for Consent Condition 10 to 15 56

3.6 Actions Outside the Area of the Lake 62

Groundwater Monitoring and Salinity 62

Natural and Cultural Heritage Inventories of Surrounding Areas 62

3.7 Management and Implementation. 62

Management Responsibilities 62

Decision-making process 64

Life of the Plan of Management 64

Independent Review after Five Years 64

Annual Review of Plan 64

PROTOCOLS 65

Lake Victoria Access Protocol 65

Protocol for the Employment of Aboriginal Workers at Lake Victoria 68


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Protocol for the Protection of Newly Discovered Burials Found at Lake Victoria 69

Protocol for the Maintenance of Existing Burial Protection Works at Lake Victoria 70

Lake Victoria Field Code of Conduct 71

APPENDICES 75

Appendix 1: S87 Permit 75

S90 Consent 85

Appendix 2: References 109

Front Cover: Landsat TM Bands 1,2,3 merged with SPOT Panchromatic Imagery. Landsat TMcaptured 23 April 1999, SPOT captured 14 April 1999. Landsat TM © ACRES/AUSLIG 1999 –Commonwealth of Australia SPOT Image © CNES 1999.


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PART 1: FOREWORD

IntroductionLake Victoria is a naturally occurring shallow

freshwater Lake approximately 60 kilometres

downstream of the Murray–Darling Junction in

south-western New South Wales, close to the

South Australian and Victoria borders

(Figure 1). Since 1928, Lake Victoria has been

operated by the Murray–Darling Basin

Commission (MDBC) as a regulated, off-river

storage as part of the River Murray system. The

other storages in the River Murray system are

Hume Dam, Dartmouth Dam and the

Menindee Lakes. Lake Victoria is managed and

operated by the South Australia Water

Corporation (SA Water), on behalf of River

Murray Water (RMW), an internal business unit

of the MDBC. River Murray Water is responsible

for the overall management and renewal of the

works of the River Murray and Lower Darling

system under the Murray–Darling Basin

Agreement. For convenience this document

refers to the MDBC and this reference should be

interpreted as referring to River Murray Water

for operational, management and renewal

purposes.

Lake Victoria was an important centre for

traditional Aboriginal people, and remains so for

associated Aboriginal people today. The cultural

heritage of Lake Victoria is recognised as being

of exceptionally high significance to Aboriginal

people with traditional and historic affiliation to

the Lake, but it is also highly significant to the

broader Australian community at a national

level.

Regulation of the Lake over the last 70 years has

contributed to the erosion and exposure of

Aboriginal cultural material on the Lakeshore, in

particular Aboriginal burial grounds. Since 1994,

substantial works have been built to protect all

known burials from wave and wind erosion, and

an Environmental Impact Statement (EIS) was

prepared to support an application under s90 of

the NSW National Parks and Wildlife Act (1974)

to allow continued disturbance of non-burial

Aboriginal relics by regulation of the Lake.

The NSW National Parks and Wildlife Service

(NPWS) issued an eight-year s90 Consent to the

MDBC on 27 August 1998, subject to a series of

Conditions. In the event the MDBC appealed

the original conditions and subsequently a

revised set of Conditions was approved by the

NSW Minister for Environment and adopted by

the NSW Director-General of NPWS on 27

May 2002. The Conditions are listed in Table 1.

The s90 Consent has been issued on the basis

that disturbance of Aboriginal relics will be

minimised to the greatest extent possible

through future operation of the Lake and

management of the landscape. These Consent

Conditions will be implemented through this

document—the Lake Victoria Cultural

Landscape Plan of Management (the Plan).

Development of the Plan ofManagement

The s90 Consent required a Plan of

Management for the Lake Victoria Cultural

Landscape to be developed:

• in accordance with nationally accepted

heritage principles, procedures and guidelines;

• in close consultation with the Lake Victoria

Advisory Committee, and presented to the

Advisory Committee for review;

• with subsequent submission of the final draft

to the Director-General NPWS for approval;

and

• with the capacity to adapt management as

new issues emerge.

Figure 2 shows the planning process that was

used to develop this Plan of Management.

The development of the Cultural Landscape

Plan of Management was initially directed by a

sub-committee of the Lake Victoria Advisory

Committee. (The role and composition of the

Lake Victoria Advisory Committee and the

Barkindji Elders Committee are described in

detail in Section 3.3) This sub-committee was

chaired by a heritage management professional

and included three elders from the Barkindji

community, a landholder representative and

representatives from NPWS, Department of

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Land and Water Conservation (DLWC), MDBCas secretariat/author and SA Water.

The sub-committee produced a number of draftsin 1999 which were considered and approved bythe entire Advisory Committee. In December1999, Draft 3 was distributed for comment toexternal agencies including NPWS, the NSWState Heritage Office, Environment Australiaand the NSW State Aboriginal Land Council.Work continued in 2000 under the continuedguidance of the chair of the sub-committee, andvarious aspects of the Plan were considered bythe entire Advisory Committee at a number ofworkshops. Draft 4 was presented to theAdvisory Committee for comment in April 2001and a final draft was distributed to the externalagencies for comment following theincorporation of amendments from that

workshop.

The Plan has been developed in accordance withnationally accepted heritage principles,procedures and guidelines including the BurraCharter, the Draft Guidelines for theManagement of Aboriginal and Torres StraitIslander Heritage, the Australian NaturalHeritage Charter and the Conditions of the s90Consent for Lake Victoria.

Part 2 of this document establishes thesignificance of Lake Victoria by:

• providing a background to the significance ofLake Victoria as a cultural landscape and inits role as a water storage;

• identifying the diverse values the Lakerepresents and providing a statement of thesignificance of Lake Victoria as a place; and

• explaining the factors which affect the

heritage and identifying management zonesand priority areas of significant heritage.

Condition Topic of Consent Condition

1 Lake Victoria Advisory Committee and Community Relations

2 Cultural Landscape Plan of Management

3 Geographic Scope

4 Approval Processes

5 Reporting Processes

6 Communication and Access Strategy

7 General Principles of the Cultural Landscape Plan of Management

8 Strategies for Revegetation

9 Research Activities

10 Monitoring Cultural Heritage

11 Monitoring Burial Protection Works

12 Understanding, Assessing and Monitoring the Environment, Impacts and Mitigation Actions

13 Monitoring Vegetation

14 Monitoring Non-Native Fauna

15 Monitoring Water Quality

16 Lake Operations

17 Interim Operation of the Lake

18 Impacts on Areas Outside of the Lake

19–27 Specific Terms and Conditions for s90 Consent

28–30 Specific Conditions Applying to the Consent

Table 1: List of Consent Conditions



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Part 3 of this document presents the strategiesdeveloped to address the Consent Conditions.These strategies recognise the need for a balancebetween conserving the competing values atLake Victoria, and ensuring that the operation ofLake Victoria for water supply purposes takesinto consideration the impacts on cultural andnatural heritage values.

Acknowledgment of the Spirit ofCooperation

The process of developing the CulturalLandscape Plan of Management for LakeVictoria has always been an issue of seeking abalance among the many values held by thestakeholders. This has been an involved processand has been characterised by a strong spirit ofcooperation by all involved.

Geographic Scope of the Plan ofManagement

Figure 3 shows the geographic scope of the Planof Management, which is specified in ConsentCondition 3 as:

“the area described in ‘Schedule B’ in the s90Consent, plus the Lake and its bed, FrenchmansCreek downstream of the Inlet Regulator and itsbed.”

Schedule B in the s90 Consent includes:

The Lakeshore of Lake Victoria below 27 mand areas of cliff at 27 m rising to 29–30 m.The section of Frenchmans Ck between Banks 8,9 and 10, and Banks 1 (from the ControlRegulator to Scaddings Bridge) which isinundated when the Lake is at 27 m.

On the southern edge of the Lake, the boundaryhas been extended to follow the line ofEmbankment 6, which runs from the OutletRegulator to the Control Regulator. Thisincludes land that is not directly impacted by theLake regulation, but whose conservationmanagement needs to be consistent with the restof the Lakeshore

How to Read This Plan

The Plan is trying to achieve a number ofpurposes including:

• address the requirements of the Consent andits associated conditions;

• provide some background, especially thereasons why Lake Victoria is such animportant place for cultural and historicalreasons for Aboriginal and non-AboriginalAustralians, as well as its critical role insecuring water resources for NSW, Victoriaand South Australia; and

• provide the essential elements of the LakeVictoria story in an inviting and interestingform.

The individual parts of the Plan are designed as

discrete sections which can be read andunderstood without the need to refer to theother parts. Inevitably, this means somerepetition, but every effort has been made tokeep this to a minimum.

Part 1 provides a simple overview andintroduction to the document.

Part 2 provides a summary of the background tothe cultural significance of Lake Victoria byexamining its cultural landscape, social, aesthetic,historic, geodiversity, biodiversity, scientific andeconomic values. The key message is that findinga solution to conserving the cultural heritage atLake Victoria involves assessing and balancingthese values. The material presented in Part 2 is asummary, and there is a significant amount ofliterature which was developed as a result of theextensive work in support of the EIS. Furtherreferences are listed in Appendix 2.

Part 3 presents the specific response to theConsent Conditions. The majority of conditions,which are in effect conservation policies derivedfrom the Statement of Significance, require theformulation of a management response. Each ofthese conditions has been analysed to determinethe intent of the condition, in order to developthe appropriate strategies and action plans,which are listed.


In addition, the Plan needs to be understood bya wide variety of people. It needs to besufficiently detailed for operational purposes, butit also needs to be presented in an inviting andplain language format for those who do notrequire the same level of detail. An unfortunate

consequence of including so much material isthat the full Plan is a lengthy document, whichmay discourage some people from reading it.The poster highlights the essential elements ofthe Plan for wider distribution.


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Figure 1: Location of Lake Victoria



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Figure 2: The Cultural Landscape Planning Process



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Figure 3: Boundary of Section 90 Consent

Note: The Section 90 Consent encompasses the area of Lake Victoria up to EL 27 m, plus the areas

of cliff at EL 27 m rising to 29–30 m and Frenchmans Creek downstream of Scaddings Bridge.

The Cultural Landscape Plan of Management encompasses all of the above areas plus Frenchmans

Creek between Scaddings Bridge and the Inlet Regulator.


PART 2: THE CULTURALSIGNIFICANCE OFLAKE VICTORIA

2.1 Lake Victoria’s Role asa Water Storage

Legislative Framework—TheMurray–Darling Basin Agreement

The system of storages and regulated flows alongthe River Murray supplies water to SouthAustralia, New South Wales and Victoria under awater-sharing agreement which is part of theoverall Murray–Darling Basin Agreement 1992.This replaced the River Murray Waters Agreementof 1915. In 1988 the MDBC replaced itspredecessor, the River Murray Commission,which had been managing the regulation and

storage of flows in the Murray since 1917. TheMDBC was given a new brief and broaderresponsibility to manage the catchmentssurrounding the rivers, with a new emphasis oncatchment management.

The water-sharing agreement guarantees certainminimum flows to South Australia, irrespectiveof the needs of water users upstream. New SouthWales and Victoria are licensed to extract acertain amount of water but South Australia isthe only State that is guaranteed a minimummonthly flow (entitlement) under theMurray–Darling Basin Agreement. The onlyexception is during periods of severe drought,when the total volume of stored water is sharedequally between New South Wales, Victoria andSouth Australia.

One of the main consequences of any change toLake Victoria that would affect the amount ofwater stored, would be a reduction in the totalavailable diversions to New South Wales andVictoria together with a reduction in the securityof supply (under the current legislatedMurray–Darling Basin Agreement, South Australiawould not be affected). Without revision of thecurrent Murray–Darling Basin Agreement, SouthAustralia’s entitlements would not change.However, some consequences to South Australiaresulting from the altered operation of LakeVictoria may arise under severe drought.

Role of Lake Victoria

Lake Victoria plays a critical role in increasingthe efficiency of the operation of the RiverMurray system because it:

• provides storage capacity for all water thatenters the River Murray below Hume Damand the Darling River below Menindee Lakesor spills from these storages;

• has a capacity of 680 gigalitres of water whichis equal to approximately three months peakentitlement flow to South Australia;

• is used to balance South Australia’sentitlement by storing water in periods ofhigh flow and releasing water when flows arelow;

• re-regulates surplus flow, for example, insummer there may be a reduction in

irrigation as a result of thunderstorms and acorresponding increase in river flow, whichcan be stored in Lake Victoria for supply toSouth Australia later;

• mitigates against the flow restrictions imposedby a narrow section of the Murray known asthe Barmah Choke (near Echuca);

• provides a buffer for the dilution of highsalinity water in the lower Murray; and

• provides environmental benefits by managinghigh river flows to produce a flow thatoptimises the environmental benefitsdownstream of the Lake, by enhancing,mitigating or prolonging a flood peakdepending upon the particular circumstancesat the time.

The operation of the Lake is based on a numberof principles including the harmony of operationbetween Lake Victoria and Menindee Lakes,salinity management guidelines, water storageand re-regulation requirements and managementof environmental flows.


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Historical Operation of LakeVictoria for Water Conservation

Historically the Lake has been operated with the

principal aim of conserving water resources in

order to guarantee water supply. The Lake was

generally operated by filling it as early as possible

each year, and storing water until it was required.

This meant that sometimes the Lake level was

kept at very high levels for long periods, a factor

which has contributed to significant changes to

the natural environment. To some extent, this

style of operation has evolved recently as a result

of greater awareness of environmental issues.

Further evolution is expected in future, which

may have an effect on the way that Lake Victoria

is managed as a key part of the River Murray

system.

Harmony Operations withMenindee Lakes

Lake Victoria is operated in harmony with

Menindee Lakes, on the Darling River. The

harmony operation has been developed to take

into account the unique circumstances that relate

to Menindee Lakes and Lake Victoria as storages

in an arid environment at the lower end of the

river system. The conventional operation of

storages is to use water from the lower storage

first, as it is possible to release water from the

upper storage later if required. With Menindee

Lakes and Lake Victoria, the application of this

concept does not always result in optimum

operation, as the Menindee Lakes have a

significantly higher evaporation rate than Lake

Victoria.

The harmony operation and the associated target

levels have been developed to maximise the

availability of water and to minimise the loss of

water through evaporation and associated

concentration of salt. A second component of

the harmony operation is the provision of

additional dilution flows to South Australia for

management of salinity in the lower Murray.

The harmony rules call on water from Menindee

Lakes if available and Lake Victoria according to

a series of target levels in Lake Victoria:

• if the water level in Lake Victoria is above

target level then water from Lake Victoria is

used to meet the required flow to South

Australia.

• if the water level in Lake Victoria is below or

about to fall below the target level because the

flow in the River Murray upstream of the

Darling River Junction is insufficient to meet

the required flow to South Australia, then

water is released from Menindee Lakes to

meet the shortfall, and if necessary, to raise

the water level in Lake Victoria to the target

level.

Additional Dilution Flows

South Australia is entitled to Additional Dilution

Flows from Menindee Lakes if certain targets are

met. This additional flow is a result of the

evaporation savings that arose from the

introduction of harmony operation of Menindee

Lakes and Lake Victoria in 1988, and aims to

reduce the salinity of the River Murray in South

Australia. If the combined storage of Hume

Dam and Dartmouth Dam is more than 2 000

gigalitres and the storage in Menindee is above 1

650 gigalitres in June and July, 1 500 gigalitres

in August and 1 300 gigalitres in all other

months, then South Australia is entitled to an

additional 3 000 megalitres per day Additional

Dilution Flow.

Changes to the operation of Lake Victoria can

impact on the timing of releases from other

storages, In turn this could potentially impact

the amount of Additional Dilution Flow

supplied to South Australia.

Salinity Management

Another set of rules for the operation of the Lake

is aimed at optimising water quality to South

Australia.

If the flow to South Australia is less than 11 000

megalitres per day, water salinity is adjusted:

• if the salinity of the water in the River is

higher than the salinity of the water in Lake

Victoria, the bulk of the flow to South

Australia is fed through Lake Victoria to

reduce the salinity downstream of the Lake.


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• if the salinity of the water in the River islower than the salinity of the water in theLake, the bulk of the flow is passed down theRiver to minimise downstream salinity.

If the flow to South Australia is greater than 11 000 megalitres per day, water salinity isadjusted:

• if the salinity in the River is lower than thesalinity in the Lake, then the water is passedthrough Lake Victoria to reduce the Lakesalinity (called flushing). This usually occursduring late winter/spring and reduces Lakesalinity and so improves the quality of waterto be supplied out of the Lake to SouthAustralia during the following summer.

Water Storage and Re-regulation

Lake Victoria provides a re-regulating role toSouth Australia’s required flow in the followingway:

• if the flow in the Murray above Lake Victoriais less than required, additional flow isprovided from the Lake. This generally occursduring the peak summer and autumn demandperiod.

• if the flow in the Murray upstream of theLake is higher than required, the surpluswater is diverted into the Lake and stored.

This is likely to occur during the latewinter/spring period as the river rises inresponse to normal winter/spring rainfall andthe Lake generally fills during this period.

• following a cool or wet period in summerwhen irrigation demand may temporarilyreduce and there is a component of run-offand increased tributary flow (called a rainrejection), any flow above entitlement isstored in the Lake.

Environmental Flow Management

Lake Victoria can be used to manage high riverflows to produce a flow that optimises theenvironmental benefits to the River Murraydownstream of the Lake. This can be achievedby enhancing, mitigating or prolonging floodpeaks, depending upon the particularcircumstances at the time. There isapproximately 650 km of the River Murraydownstream of Lake Victoria that can beinfluenced by the operation of the Lake.


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Figure 4: Lake Victoria storage volume trigger for harmony releases from Menindee Lake


2.2 Lake Victoria as aCultural Landscape

The Cultural Landscape

The Cultural Landscape of the Lakeshore of

Lake Victoria is made up of multiple layers: the

physical landscape of the Lake, its beaches,

islands and surrounding cliffs; the natural

environment of plants and animals; and the

cultural imprint of humans. This consists of the

changes people have made to the physical and

natural environment, the material remains they

have left behind, as well as human perception of

the landscape, held in history, stories and

memories.

The Lake Environment

Lake Victoria is a substantial, ancient Lake on

the Murray River. It is set into the clays of a

much older and vaster system, Lake Bungunnia.

The surrounding land surface is a flat dry sand

plain, gullied on the west and north of the Lake.

The eastern shore is hugged by a wide sandy

lunette dune behind which are smaller ponds

and an old floodplain. The older history of the

physical landscape is revealed around the

Lakeshore by the older sediments of Lake

Bungunnia, lying above ancient marine and

riverine sediments; and the lunette, which built

up as the Lake fluctuated during climatic

changes over at least the last 50 000 years.

About 10 000 years ago, the amount of water

flowing down the Murray decreased, and the

Lake was reduced to a small pond inside its

bigger basin. Since then, Frenchmans Creek,

Rufus River and a number of interconnecting

channels have built up an extensive floodplain

between the Lake and the River Murray.

Meandering across the Lake floor, they also built

up a floodplain delta in the old Lake basin. A

line of low sandy barriers, running east-west

across the delta, and now known as the

Frenchmans Islands, may mark the level of

highest floods. As the delta floodplain built up

on the southern Lakeshore, a new shoreline

formed on the south-west of the Lake, now

known as Talgarry Barrier.

Cultural Heritage

Traditionally the Lake was within the lands of

the Maraura people, a sub-group of the

Barkindji people, whose country extended from

north of Wilcannia to the Murray–Darling

Junction and west of the Darling to the Chowilla

area. In the 1830s the traditional patterns in the

Lake Victoria region were broken by the invasion

of Europeans, moving vast herds of sheep and

cattle along the northern bank of the River

Murray. Throughout 1841 the Aboriginal people

living here engaged in one of the strongest wars

of resistance in Australia, focussing on three

major river crossings, the Darling River to the

east, Salt Creek to the west, and Rufus River, the

outlet channel of Lake Victoria.

For several months the Aborigines were

successful in routing the invading overlanders,

but the conflict culminated on 27 August 1841,

when the people of Lake Victoria were defeated

by the combined forces of the overlanders and a

police expedition from Adelaide at a crossing

place on Rufus River on the southern lake bed of

Lake Victoria. This event which resulted in the

deaths of at least 30 Aboriginal people, and the

wounding of another 15, is known as the Rufus

River Massacre. Aboriginal people were killed in

other events as well.

Since 1841, Aborigines and Europeans have

shared the landscape of Lake Victoria, but not

on equal terms. The land was taken over by

Europeans and subdivided into pastoral leases. In

the early years, perhaps until the 1860s, Maraura

people worked with the pastoralists, and their

contribution to the success of pastoralists is

recorded in the reminiscences of the Kerridge

family. By the 1890s only a handful of local

Maraura people still lived in the area, some had

moved down the Murray into South Australia,

but most had died. At the same time other

Southern Barkindji–Maraura people from the

Great Anabranch of the Darling River, notably

the Mitchell family, moved to the Lake as

pastoral workers. The extended families of their

descendants who have maintained their historic

ties for the last 100 years, and are now involved

in the conservation of the cultural heritage of

Lake Victoria.


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In the 1920s the Lake was regulated as a waterstorage on the River Murray. Landscape changesincluded rerouting river channels and dammingthe southern Lakeshore with embankments.Changes in the Lake regime killed much of theLakeshore vegetation and changed erosion andsedimentation patterns, exposing Aboriginalburials and campsites. In turn the constructionof the regulation works and subsequentmanagement activities left another cultural layeron the landscape.

Lake Victoria was used as an air-to-groundgunnery range by the RAAF’s 2 OperationalTraining Unit (2OTU) which was based atMildura during World War II. Remnants ofspent ammunition have been found around theLake. In addition, there were a number ofcrashes at the Lake. Some of the aircraft were

salvaged but others remain in the Lake alongwith the remains of some aircrew.

The Lakeshore of Lake Victoria preserves a richrecord of the way people, both Aboriginal andnon-Aboriginal, have lived in this landscape.This cultural record consist of the physical tracesof human life and activity: the campsites,fireplaces, factory floors, and burial grounds ofAboriginal people who lived here over manythousands of years; and the house sites, fences,ruins, roads and water regulation works ofEuropean people, the newcomers who have beenhere just 160 years.

The cultural record also includes the physicalchanges people have made to the landscape: theextensive shell middens in the organic rich soilsbuilt up by Aboriginal people; the changes to theLake, raised water levels and embankments,made by Europeans; and, importantly, the majorburial protection works built jointly by theAboriginal people and Europeans over the lastfew years.

Natural Heritage

The vegetation of the southern lake bed was anatural shoreline zonation of Lakeshorefloodplain communities: river red gumwoodland along the channels of the Rufus River

and Frenchmans Creek; blackbox woodland,sedgeland and grassland on the floodplain. Riverred gum woodland also extended around the restof the Lakeshore, with dense stands on thesheltered western shore, and sparse trees on theexposed and barren eastern shore. In some placessaltbush communities also grew on the Lakeshore.

There is little specific information about the pre-regulation Lakeshore vegetation apart fromannotations on the survey map prepared in1913–18, and no information about the fauna.However, local and regional historic recordsindicate that the original flora and fauna of thisarea was as severely affected last century by sheepand rabbits as anywhere else in western NSW.

The Lake regulation had a substantial impact onthe Lakeshore flora. The most obvious sign is thestands of dead river red gums along the pre-

regulation Lakeshore and especially along thedrowned Rufus–Frenchmans channels on thesouthern lake bed. The four vegetationcommunities which survive on the southern lakebed are ‘derived’ associations formed in responseto 70 years of artificially elevated Lake levelconditions. Despite their artificial nature, theyare floristically and structurally dominated byspecies indigenous to the region. None of theplant species recorded are rare or threatened inNSW or Australia, although a number of themrepresent range extensions.

On the southern lake bed a river red gumwoodland fringe (and some other tree andperennial species) has established itself at thepost-regulation high water level, 27 m.Elsewhere around the Lake, most of the beach iseither unvegetated or dominated by introducedspecies when the Lake is low. Despite theartificial nature of the vegetation associations onthe southern lake bed, they provide importantwildlife habitat for animals, including at least 16species considered of conservation concern inwestern NSW.


11


Values of Associated People

Cultural heritage is not just about places and

objects in themselves. Heritage places and

objects are important because they are

meaningful to the people who have cultural and

historic ties and associations to them. This is the

case at Lake Victoria. Traditionally the Lake was

part of the country of the Maraura people, a

sub-group of the Barkindji people, whose

country extended from north of Wilcannia to

the Murray–Darling Junction and west of the

Darling to the Chowilla area.

Knowledge about the existence of burial grounds

was handed down within the Aboriginal

community even through the social disruptions

of the last 160 years. The burial grounds are of

extremely high spiritual and social value.

Barkindji mortuary beliefs are complex, and

involve the concept of the dangerous nature of

burial places. The large number of people buried

at the Lake reinforces the feeling that the

remains should not be disturbed. It is primarily

the burial grounds that give the Lake its spiritual

and sacred connotations, although associated

Aboriginal people also recognise and value the

other material heritage such as campsites,

middens, stone artefacts and scarred trees that

show where and how people lived around the

Lake.

The Lake is regarded as a place of great spiritual

importance, primarily because of the burial

grounds. However, it is also associated with

traditional regional sacred stories. While the

details have not been handed down in oral

tradition, early anthropological records suggest

that it was a major site, connected to significant

storylines along the Murray and Darling relating

to Eaglehawk and Crow, and to

Ngurunderi/Nurelli, creator of the River Murray.

These factors alone would give the Lake great

cultural significance for Aboriginal people.

However, the Lake was also the focus of a series

of conflicts between Aborigines and overlanders,

culminating in the Rufus River Massacre of 27

August 1841. The Rufus River Massacre gives

the Lake immense cultural significance for the

Aboriginal people. It was the final, and most

tragic event in the Aboriginal war of resistance

along the central Murray, and presaged the

subsequent loss of land and culture.

The large number of burial grounds at Lake

Victoria are a constant and highly visible

reminder to generations of Aboriginal people of

what happened. There has been an historical

belief that the burials include the remains of the

massacre victims, and while this has not been

demonstrated, it remains a possibility. Although

the burials at Lake Victoria are the result of

generations of Aboriginal people living in the

area, the possibility that specific ones may be the

victims of the Rufus River or other massacres,

influences Aboriginal attitudes to them, and is a

constant reminder of loss and dispossession.

These values are embedded in a landscape which

as a whole is important to Aboriginal people.

The traditional and historic meanings are

overlaid by generations of direct association

through families working initially in the pastoral

industry and now in heritage conservation. The

Lake and its environment, the plants and

wildlife, are all culturally important to

Aboriginal people. For many people, their

personal and family ties with the Lake form part

of the spiritual significance.

Today the cultural heritage of the Lake is valued

by the following associated Aboriginal people:

• the descendants of the original Maraura clans

of Lake Victoria, now mainly living in South

Australia.

• people descended from other Maraura people,

who lived elsewhere in south-west NSW.

• people who have historic ties to Lake Victoria

(and who may also be Maraura descendants),

especially the Mitchell family.

• the Barkindji people as a whole.

• Aboriginal people who have worked on the

conservation project, regardless of descent.

Many non-Aboriginal people, including some of

the current local landholders, have had long

associations with Lake Victoria and in some cases

also with the associated Aboriginal families.


12


Their views on the Lake are derived from current

and historic personal and family ties, and relate

to the Lake as home, either now or in the past.

The social significance of the Lake to a wider

range of people with historical associations, for

example through work on the Lake regulation or

through the RAAF, has yet to be thoroughly

explored.

The non-Aboriginal people associated with Lake

Victoria include:

• descendants of original pastoral families in the

area, many of whom still live in the region.

• current pastoral families.

• members of the Wentworth Historical Society,

many of whom fall into the above categories,

but who have a particular interest in local

history.

• the broader local community: those with a

general historic interest, and those with an

economic or recreational interest.

• people associated with the RAAF training

unit.

• people associated with the regulation of the

Lake: those involved in the construction, and

the current employees, many of whom have

lived in the area for a long time.

• people who have been associated with

environmental and heritage research at Lake

Victoria.

• government agency employees who have

worked in the area, some for many years.

The figures on the following pages illustrate the

different landscapes at Lake Victoria over the

years:

• Figure 5—Aboriginal people in the landscape

at Lake Victoria over the last 18 000 years;

• Figure 6—European people in the landscape

at Lake Victoria; and

• Figure 7—The post regulation landscape of

Lake Victoria.


13



14

Figure 5: Aboriginal people in the landscape at Lake Victoria over the last 18 000 years(Drawing by F.W. Shawcross)



15

Figure 6: European people in the landscape at Lake Victoria (Drawing by F.W. Shawcross)



16

Figure 7: The post-regulation landscape of Lake Victoria (Drawing by F.W. Shawcross)


2.3 Statement of Significance

Assessment of HeritageSignificance

The heritage significance of Lake Victoria forms

the basis for the Consent Conditions and

underpins the Cultural Landscape Plan of

Management. By first identifying the heritage

values of Lake Victoria, the subsequent sections

of the Plan can ensure that the management of

the Lakeshore conserves those values.

The cultural heritage significance of Lake

Victoria was assessed in the Cultural Heritage

Report of the Lake Victoria EIS. The assessment

was based on the criteria of the Burra Charter

and of the Register of the National Estate. The

cultural aspects of the Statement of Significance

below are derived from that assessment.

The broad natural heritage significance of Lake

Victoria was not formally assessed in the EIS.

The focus was on rare and endangered species,

which were assessed in terms of the 8-part test

under the Threatened Species Conservation Act(1995). The Statement of Significance here

includes two sections on natural heritage:

geodiversity and biodiversity. The factual content

of geodiversity assessment is based on the

Cultural Heritage, Geology and Geomorphology

reports of the EIS. The factual content of the

biodiversity assessment is based on the flora and

fauna report by Ian Sluiter and Peter Robertson.

The assessment criteria and terminology are

those of the Australian Natural Heritage Charter.

The section on economic value is also based on

the Australian Natural Heritage Charter. The

natural and cultural heritage aspects are

integrated in several sections of the Statement of

Significance: Cultural Landscape Values,

Aesthetic Values and Scientific Values.

For the Lake Victoria Cultural Landscape there

is a clear imbalance between the very high

heritage significance of the cultural aspects and

the lower heritage significance of much of the

natural aspects. There are two major reasons for

this relating to their uniqueness and integrity, as

explained below.

Uniqueness

The cultural heritage demonstrates a unique

conjunction of a number of highly significant

aspects: the burial grounds, the extensive

preservation of rich Aboriginal heritage material,

and the number of significant historic events and

processes that have occurred here, from the

Rufus River Massacre and other massacres to the

building of the regulation works. Individually,

these aspects are very important, but together

they give the Lake outstanding cultural value to

the Aboriginal people who have traditional and

historic ties, as well as to other Australians.

Because of this there is no doubt that Lake

Victoria is of national cultural significance.

This is not the case for the natural environment.

The flora and fauna are characteristic of River

Murray wetlands but are not distinctive or

unique. Only aspects of the geodiversity, such as

the Holocene palaeosols, have high natural

heritage value. The natural environment has

cultural value as a component of the cultural

landscape value, but this is not the determining

factor for the cultural heritage significance.

Integrity

In spite of the impact of the Lake regulation, the

cultural heritage retains a remarkable degree of

integrity. Although burials have been exposed

and disturbed, the number of in situ burials

remaining has made it possible to identify and

protect burial grounds in their original location.

The spatial integrity of Aboriginal and non-

Aboriginal cultural heritage material is so strong

that the original patterning of human activities is

clear, and it is possible to distinguish this

through the superficial disturbance caused by

erosion. The integrity of cultural heritage

material on the Lake Victoria shore is as good

and in some respects better than that of

comparable material outside the lake bed (and

throughout the Murray Basin) affected by other

erosional forces. The geodiversity values are high

because most of the geological sediments also

preserve a great degree of integrity in spite of

impacts.


17


In contrast, the vegetation has suffered badly

over time and has lost virtually all its original

integrity. On the Lakeshore none of the original

vegetation associations exist in their original

form or place. Much of the Lakeshore is either

unvegetated or dominated by introduced weeds.

Where native vegetation does occurs it consists

of extremely modified and disturbed

associations, retaining no inherent natural

heritage value, however it is valued by the

Aboriginal and non-Aboriginal communities.

Statement of Significance

The Statement of Significance is a summary of

the heritage values which include the following:

• Cultural landscape values,

• Social values,

• Aesthetic values,

• Historic values,

• Geodiversity values,

• Biodiversity values,

• Scientific values, and

• Economic values.

Cultural Landscape Values

• The Lake Victoria cultural landscape is a

highly significant place, preserving the

material evidence of both Aboriginal and

European history, the patterns of human

use of the landscape, and associations such

as spiritual feelings about burial grounds,

massacres, past connections and the natural

environment.

• The landscape itself is the result of human

actions. Aboriginal people living along the

Lakeshore over thousands of years changed

the soils and vegetation by creating

campsites and burial grounds, lighting

fires, building up shell midden and rubbish

dumps; and by making walking tracks.

• Europeans had a major impact on the

landscape, first by the introduction of

stock, feral animals and weeds. The main

change has been the regulation works

which controlled the flow of the Murray.

This changed the course and width of the

original channels and provided many new

wetlands and raised the Lake, thus

drowning large areas and providing more

regularly fluctuating water levels, resulting

in changed patterns of erosion and

sedimentation.

• At Lake Victoria, the patterns of

Aboriginal and European use are seen in

the camping places and river crossing

places, roads and tracks, which have been

in use by people for generations.

• The Lake Victoria cultural landscape has

spiritual associations for Aboriginal people

because of the burial grounds and

massacres.

• Continuity of family connections with the

area through employment in the pastoral

industry, especially when tied to specific

places in the landscape are also part of the

associative aspects of the cultural

landscape.

• The Lake Victoria cultural landscape has

important associative aspects in people’s

feelings for the natural environment, the

water, the vegetation and the wildlife. This

combines a nostalgia for times past before

the major landscape changes due to the

regulation works, but also includes an

appreciation of changes that the regulation

has brought.

Social Values

• Lake Victoria has exceptional spiritual

values to associated Aboriginal people as a

place of burials.

• Lake Victoria has spiritual values as the

locality where Aboriginal and European

people were killed in clashes in the 19th

century.

• Knowledge of events such as the Rufus

River Massacre has been handed down in

oral tradition, as has the presence of many

burials, which many Aborigines believe to


18


include those of the massacre victims. This

contributes to the spiritual and social

values of the Lake and its symbolic role for

Aboriginal people as a memorial of both

traditional and historic life and events.

• The Lake Victoria area has high social

significance to Aboriginal people who have

historic associations with the pastoral

industry.

• Lake Victoria features in important

traditional mythical stories relating to the

Murray and Darling Rivers. The details of

these have been lost from the local oral

tradition but recorded in historical

documents. These have been recovered

through the significance assessment process

and may now contribute to Aboriginal

values of the Lake.

• The landscape of the Lake, combining

both natural features such water, islands,

channels, flora and fauna, and cultural

features such as burial grounds, traditional

living areas, massacre sites, and also

modern burial conservation works, is of

high social and spiritual significance to

associated Aboriginal people.

• Many local pastoral families have

associations with the Lake and the

surrounding pastoral leases dating back to

the earliest pastoral settlement.

• The Lake has played an important role in

the management of the Murray River since

the 1920s, and has social significance to

associated people such as water

management staff employed there over the

years, and both local, upstream and

downstream people who depend on the

Lake for water.

• The Lake has been used for recreation by

picnickers, campers and fishers, as well as

for educational field trips by school and

university groups.

• The Lake was the site of RAAF pilot

training during World War II, and of

several deaths in plane crashes. The Lake is

of social significance to RAAF veterans in a

current phase of reunions and

commemoration.

Aesthetic Values

• Victoria is a landmark feature because of

the visual contrast it provides as a very

large Lake set into a semi-arid landscape,

and the fact that it is the most substantial

and probably the most ancient Lake along

the central Murray River.

• The combination of natural and cultural

aspects, both social and historic, makes

Lake Victoria an important cultural

landscape which has both aesthetic and

social value.

• Associated Aboriginal people feel that the

landscape is an important part of the

significance of the area. The burials and

other heritage material can only retain

their integrity if the environment remains

intact. It is clear that the aesthetic quality

of the landscape is part of the spiritual

aspects of Lake Victoria, so social and

aesthetic significance are closely related.

• Although highly modified, the areas of

native vegetation are highly regarded by

the Aboriginal and non-Aboriginal

communities, particularly the stands of

river red gum.

Historic Values

• Extensive Aboriginal sites (both living and

burial places) preserve the history of

Aboriginal people from 18 000 years to the

19th century at the unique geographical

meeting place of the cultures of the lower

River Murray and of the Darling River in

western NSW.

• The Lake Victoria area was the main

location of Aboriginal resistance to the

pastoral expansion along the Murray

River into South Australia during the

historic land wars along the pastoral

frontier of south-eastern Australia in the

1830s–1840s. Rufus River on the Southern


19


lake bed was the location of the final and

determining conflict between Aborigines

and Europeans on the Murray, the Rufus

River Massacre of 27 August 1841.

• The Lake Victoria area is associated with

the history of the European exploration of

Australia (particularly with Charles Sturt),

the development of the colony of South

Australia (Joseph Hawdon and the

overlanders), and development of

pastoralism and the river boat trade.

• The Lake Victoria area is associated with

the history of pastoralism in the Western

Division of NSW. In particular it has a

long (and continuing) history of

involvement of Aboriginal people in the

pastoral industry.

• Lake Victoria played a key role in the

development of water management in the

Murray–Darling Basin, a significant phase

in the history of land-use and settlement in

Australia, and especially in South Australia.

• Lake Victoria was a training area for the

RAAF No. 2 Operational Training Unit

based at Mildura during World War II.

Several airmen lost their lives in plane

crashes into the Lake.

• Lake Victoria is associated with the

development of the environmental and

archaeological understanding of Australia,

as a result of the pioneering environmental

assessment studies done for the Chowilla

Dam proposal, and with the development

of cultural heritage management in

Australia.

Geodiversity Values

• At Lake Victoria, sediments representing

the full Murray Basin geological sequence

from the Late Tertiary to the present are

visible.

• Lake Victoria is the largest ancient Lake

associated with the River Murray. Its

position, in the lowest part of the Murray

Basin, and known stratigraphy suggest that

it may extend far back into the Pleistocene.

It continued as a functioning Lake through

the Holocene when other Pleistocene Lakes

(Willandra, Menindee) were either totally

abandoned or only occasionally filled.

• The Lake Victoria shoreline has a

remarkable and possibly continuous

Holocene sedimentary sequence, consisting

of stratified organic and culturally-rich

palaeosols. These accumulated as a

distinctive delta floodplain and other

shoreline features within the Pleistocene

Lake basin.

Biodiversity Values

• The majority of the Lakeshore perimeter

has either no natural vegetation at all, or

where vegetation exists it has lost all

natural integrity and is dominated by or

consists entirely of introduced species.

• The surviving native vegetation

communities on the Southern Lakeshore

and parts of the Lakeshore perimeter are

extremely modified, and consist of derived

associations. They have lost their natural

integrity, both spatial and compositional.

• Although the modified native vegetation

communities are dominated by native

species, none of the plant species recorded

is rare or threatened in NSW, although

some have not been recorded in the region

before.

• While the vegetation may not be of

conservation significance in its own right,

it has a value in providing important

habitat for the fauna.

• The fauna is of moderate significance with

at least 16 species of wildlife of important

conservation status recorded; the most

significant is the Southern Bell Frog, which

is considered endangered in NSW.

• A number of waterbird species breed at

Lake Victoria including two species of

conservation concern, the Greater

Cormorant and the Darter.


20


Scientific Values

• The Lake Victoria Lakeshore sediments

and features, the associated inlet and outlet

channels and the older floodplain are

important for understanding the long-term

history of the River Murray.

• Lake Victoria, uniquely placed on the

Murray River, and preserving organic rich

sediments rare in semi-arid areas has the

potential to provide an understanding of

how the environment has changed over the

last 10 000 years, for example through

pollen analysis to study the past vegetation

of the region.

• Lake Victoria has a remarkable late

Holocene sedimentary and archaeological

sequence, with the potential to provide

understanding of the Aboriginal economy

over the last 10 000 years and especially

the last 2 000 years.

• Lake Victoria lies at a cultural and

environmental boundary between the river

and the semi-arid country, and has the

potential to show how Aboriginal land-use

changed at the boundary between riverine

and semi-arid environments.

• Lake Victoria is part of the lower Murray

cultural area characterised by large

cemeteries. It is unique in that the whole

life of the community is preserved, the

places where people lived as well as their

burial grounds. It has the potential to

demonstrate when semi-permanent life

along the Murray and the use of

permanent burial grounds began.

• The shores of the Willandra Lakes long

ago may have been very similar to Lake

Victoria in the recent past before the Lake

regulation. Lake Victoria may be able to

provide a parallel to the way people lived at

the Willandra Lakes 30 000 years ago.

• Lake Victoria has a remarkable density and

variety of stone artefacts compared to other

places on the Murray; the local area may

have been an important raw material

source.

• Contact historic sites can provide

information about Aboriginal and

European interaction, both independent ofhistoric documents and providing a link

between the very early historic records, up

to 1860, and the later oral and familyhistory of the associated Aboriginal

families.

• Historical sites at Lake Victoria, relating to

the pastoral industry and the regulation ofthe Lake can provide information about

European settlement at Lake Victoria not

available in historic records.

• Both the Aboriginal and European historyindicate that Lake Victoria was a key place

on routes along the Murray and Darling

River: traditional Aboriginal mythologicalstorylines, Aboriginal social and trade

routes up and down the rivers, European

routes of exploration and pastoralexpansion, and later routes of

communication by river, road and

telegraph. Lake Victoria has the potential

to provide information about regional andnational history.

• An understanding of the impact of erosion

on cultural heritage at Lake Victoria will

produce information that can help protectother places where there are wind and

water impacts on cultural heritage.

• The conservation works at Lake Victoriaare the largest ever undertaken for

Aboriginal heritage site protection in

Australia. The lessons learnt here about the

best ways to protect heritage will benefitother places.

Economic values

• The water of the Lake is important to

human life support. The regulation of the

Lake as part of the management of waterin the Murray–Darling Basin, contributes

to the provision of a reliable water supply

to communities upstream and downstreamof Lake Victoria and has underwritten the

growth of communities and agricultural

development in regions along the RiverMurray for the past seventy years.


21


• The economic value of Lake Victoria as a

water storage varies as a result of the

climate; in drought years it is

indispensable; in normal, average or wet

years, its value as a water storage, while still

important, is lessened. It continues to

provide value in terms of re-regulation of

water, providing dilution flows following a

flood if needed; and managing salinity in

surface waters as well as in the

groundwater.

2.4 Factors AffectingHeritage

Historic and Current Impacts onthe Lakeshore

All landscapes change and evolve over the long-

term, but a Lake shoreline by its very nature is

dynamic—it changes on a very short time scale

as a result of natural forces. Sand and clays are

carried into the Lake by the inlet channels and

gully erosion, and are repeatedly deposited,

eroded and shifted depending on the state of the

Lake and the weather. Human actions can

contribute to this, for example, by regulating the

water levels in the Lake or adding or changing

other factors, such as increasing impact on the

Lakeshore by introducing grazing animals.

Natural processes of water and wave action have

affected Lake Victoria throughout its history. It

is part of the riverine landscape which has been

constructed over millions of years by a

combination of deposition and erosion. There is

some evidence that there has been substantial

soil instability in the past, particularly in the last

1 000 years.

For at least 70 years prior to the Lake regulation,

natural erosion was exacerbated by European

land-use. The overlanders moving large herds

along narrow corridors close to the rivers were

followed by the pastoralists. While the back

country of Lake Victoria was never heavily

stocked because of lack of water, the Murray

frontage and the areas around the Lake were

under pressure because of the easy access to

water. Attempts at closer settlement in the late

19th century aggravated the situation. Erosion of

Aboriginal burials predates the regulation of the

Lake, with observations back to the 1850s. Salt

has long been recognised as a problem around

Lake Victoria, with historic records dating back

to 1887. Salinity control works were initiated

near Lake Victoria in the 1970s, and the Rufus

River Interception Scheme was completed in

1983.

Lake Victoria in its pre-regulation state would

have fluctuated with the changes in the River

Murray. The Murray and Darling Rivers are

characterised by very irregular flows, ranging

from high floods to periods when, before

regulation, the rivers ceased flowing altogether

for months at a time. Under natural conditions,

flows in the Murray generally peaked in spring

and then rapidly declined to low levels in

summer and autumn. However, the Murray and

Darling flows were extremely variable, so in

drought years no water may have reached the

Lake.

The River and Lake regulation altered the

natural pattern of spring peaks and summer lows

by the storage of winter and spring floods to

enable water to be released to meet irrigation

and other demands during dry periods. The

effect has been to lower the average flow peaks

and to spread them out over a longer time, i.e.

into summer.

The season of high Lake levels, late winter to

early summer, remained the same in the

regulated system, but the natural flood peaks

would have been of much shorter duration.

The effect of the regulation of Lake Victoria was

to move the zone of fluctuation to a higher level,

with the water level above the former highest

flood level of about 25.5 metres for 50% of the

time. Cliffing, erosion and redeposition have

occurred at various locations around the Lake as

the shoreline has adjusted to the new regime.

The most obvious signs are the exposure of old

soils, the lag of artefacts on the surface and

exposed roots of the dead river red gums around

the Lakeshore.


22


Moreover, the water level stayed at the maximumlevel of 27 metres for much longer periods,altogether 45% of the time. The naturalshoreline vegetation was discouraged, so thatwhen the Lake was lower, large expanses of bareground were exposed to the wind. Thecombination of wind and water uncovered oldsoil layers containing heritage material. However,the amount of erosion is quite variable aroundthe Lake, and some places where most heritagematerial survives have probably been erodedleast.

Assessment of Impacts onHeritage Significance

The factors that affect the cultural landscape ofLake Victoria include:

• natural environmental processes both beforeand after Lake regulation, including wind andwave action;

• european land-use, including pastoralactivities, forestry, fences and roads;

• introduced feral animals and weeds;

• the original construction of the regulationstructures in the 1920s;

• the subsequent maintenance of the regulationstructures;

• artificially raised Lake levels;

• salinity; and

• removal of heritage material.

The EIS included an analysis of the modelling ofwave impact on the Lakeshore at different waterlevels. The depth at which waves break iscontrolled by wind speed and fetch (the distancethe wind travels across water). The position,extent and intensity of impact of breaking wavesdepends on the Lake level, wind speed andgradient of the beach. Subsequent monitoring ofthe Lakeshore suggests that the amount ofsediment available is a factor determiningwhether wave impact will actually erode heritagematerial on the beach or dump sediment on it.The EIS did not model the impact on wind onthe beach at times of low Lake level, but this is asignificant factor in sediment movement on theshore.

Management Zones

On the basis of the wave modelling, andmonitoring and observations since 1994, theLakeshore has been divided into a number ofManagement Zones (these are based on theThreat Zones defined in the EIS). Several of theoriginal Threat Zones have been subdivided intoa number of Management Zones.

Figures 8 and 9 show the location of theManagement Zones. Table 2 summarises theheritage in each zone and the main factors thathave impacted on the heritage at the time theConsent was issued. The impacts listed at Table 2were recorded as at 1998 and it is recognisedthat these may change over the period of theConsent, as actions in this Plan are undertakenby SA Water, and in some cases (especially in

relation to stock impacts) where landholdershave adjusted their management practices. Somefactors, such as the length of inundation, are notincluded in this table, because they primarilyinfluence the location and length of the impactof wind, waves and other factors. The PriorityAreas identify the places within each Zone wherethe most significant heritage is found and/orwhere the heritage is under greatest threat.


23



24

Figure 8: Management Zones, Lake Perimeter (PS is a Perimeter Survey Marker)



25

Figure 9: Management Zones, Southern Lakeshore



26

Tabl

e 2:

MA

NA

GE

ME

NT

ZO

NE

S (I

mpa

cts

asse

ssed

at

the

begi

nnin

g of

the

Con

sent

per

iod)

ZO

NE

HE

RIT

AG

EIM

PAC

TS

ON

HE

RIT

AG

EP

RIO

RIT

Y A

RE

AS

Abo

rigi

nal:

buri

als,

sm

all a

reas

of

hear

th, s

hell

mid

den,

sto

ne a

rtef

acts

.

His

tori

c: s

and

catc

hers

, cam

psit

es.

Veg

etat

ion:

dom

inat

ed b

y w

eeds

.

Abo

rigi

nal:

buri

als

in c

liff,

smal

l are

as o

f he

arth

s,sh

ell m

idde

n, s

tone

art

efac

ts. H

isto

ric:

old

fen

celin

es, c

amps

ites

, log

ged

tree

s.

Veg

etat

ion:

den

se d

ead

tree

s.

Abo

rigi

nal:

none

on

beac

h, o

ld s

oils

exp

osed

ingu

llies

.

His

tori

c: o

ld h

otel

sit

e ab

ove

beac

h.

Veg

etat

ion:

sca

tter

ed d

ead

tree

s on

bea

ch, m

ostly

bare

.

Abo

rigi

nal:

buri

als

on b

each

and

in c

liff,

dens

esh

ell m

idde

ns a

nd s

tone

art

efac

ts in

old

soi

ls, s

ome

shel

l mid

den

in c

liff.

His

tori

c: t

eleg

raph

pos

ts, o

ld s

tock

yard

.

Veg

etat

ion:

bea

ch h

as r

emai

ned

bare

san

d ov

er la

stfo

ur y

ears

.

Abo

rigi

nal:

dens

e sh

ell m

idde

ns a

nd s

tone

art

efac

tsin

old

soi

ls. O

ldes

t se

quen

ce o

f A

bori

gina

loc

cupa

tion

(7

000

year

s).

His

tori

c: p

asto

ral s

ites

, tel

egra

ph p

osts

.

Veg

etat

ion:

sm

all w

etla

nd, r

ed g

um r

egro

wth

at

27 m

, bea

ch m

ainl

y ba

re, s

ome

sedg

e at

sou

th.

Low

win

d an

d w

ave

impa

ct, h

igh

stoc

ktr

affic

, bot

h de

posi

tion

and

ero

sion

fro

mou

twas

h fr

om t

he d

eep

gulli

es a

bove

the

Lake

shor

e.

Ver

y lo

w w

ave

and

win

d im

pact

, low

sto

cktr

affic

, dep

osit

ion

and

eros

ion

from

outw

ash

from

the

dee

p gu

llies

abo

ve t

heLa

kesh

ore.

Ver

y lo

w w

ave

and

win

d im

pact

, a z

one

ofsa

nd d

epos

itio

n by

wav

e ac

tion

. Sto

ck a

ndfe

ral g

oat

traf

fic e

xtre

mel

y hi

gh. O

utw

ash

gully

ing

acro

ss b

each

due

to

over

graz

ing

abov

e 27

m. O

ff-r

oad

vehi

cles

.

Hig

h w

ind

and

wav

e im

pact

, ext

rem

ely

high

sto

ck a

nd f

eral

goa

t tr

affic

, sal

t on

beac

h.

Hig

h w

ave

and

win

d im

pact

, hig

h st

ock

traf

fic.

Bur

ial a

reas

at

1PS

and

4PS;

old

soil

expo

sure

s w

ith

pote

ntia

l for

buri

als.

Bur

ial a

rea

in c

liff

at 1

5PS.

Non

e be

low

27m

; gul

lies

abov

e27

m.

Old

soi

ls w

ith

buri

als

and

othe

rcu

ltura

l mat

eria

l alo

ng e

ntir

ezo

ne.

Old

soi

ls w

ith

cultu

ral m

ater

ial

alon

g en

tire

zon

e.

Sout

h-w

este

rn B

each

Nor

th-w

este

rn B

each

Nor

ther

n B

each

Nor

th-e

aste

rn B

each

Eas

tern

Bea

ch



27

ZO

NE

HE

RIT

AG

EIM

PAC

TS

ON

HE

RIT

AG

EP

RIO

RIT

Y A

RE

AS

Abo

rigi

nal:

none

on

beac

h, s

ome

buri

als

in c

liff.

His

tori

c: n

one.

Veg

etat

ion:

red

gum

reg

row

th a

t 27

m, w

ell-

esta

blis

hed

sedg

e tu

ssoc

ks o

n be

ach.

Abo

rigi

nal:

stra

tifie

d ol

d so

ils (

500–

5 00

0 ye

ars)

cont

ain

buri

als,

she

ll m

idde

n, s

tone

art

efac

ts. 6

0+bu

rial

s pr

otec

ted.

His

tori

c: n

one.

Veg

etat

ion:

cor

e of

Bar

rier

has

rem

aine

d ba

regr

ound

ove

r la

st 4

yea

rs, s

mal

l are

a of

reg

row

th r

edgu

m, w

ell e

stab

lishe

d se

dge

at s

outh

ern

end.

Abo

rigi

nal:

Bur

ials

, she

ll m

idde

ns o

n is

land

, bea

chan

d cl

iff t

o no

rth.

His

tori

c: h

ouse

sit

e ‘T

ara’

, ass

oc. e

xoti

c tr

ees.

Veg

etat

ion:

som

e ve

geta

tion

on

isla

nd, s

ome

bare

area

s, s

edge

tus

sock

s on

bea

ch.

Abo

rigi

nal:

maj

or b

uria

l gro

unds

on

Nan

ya a

ndG

ecko

, she

ll m

idde

n, h

eart

hs a

nd s

tone

art

efac

ts.

His

tori

c: N

anya

bri

dge,

his

tori

c m

ater

ial.

Veg

etat

ion:

est

ablis

hed

post

-reg

ulat

ion

woo

dlan

don

isla

nds.

Ree

ds a

nd s

edge

tus

sock

s.

Wav

e an

d w

ind

impa

ct m

oder

ate,

sto

cktr

affic

mod

erat

e, T

alga

rry

Bar

rier

pro

tect

sth

is b

each

but

als

o bl

ocks

the

bui

ld-u

p of

sand

alo

ng t

he c

liff.

Mod

erat

e to

hig

h w

ave

and

win

d im

pact

(var

ies

alon

g B

arri

er),

min

imal

sto

ck t

raff

ic,

rabb

its.

Mod

erat

e w

ave

and

win

d im

pact

, mod

erat

est

ock

traf

fic, r

abbi

ts.

Low

to

mod

erat

e w

ave

and

win

d im

pact

,no

sto

ck t

raff

ic, p

ig im

pact

at

tim

es. H

igh

kang

aroo

and

em

u nu

mbe

rs.

Clif

f bu

rial

s.

Ent

ire

Bar

rier

.

Isla

nd a

s a

who

le, c

liff

to n

orth

of is

land

.

Isla

nds

as a

who

le.

Sout

h-ea

ster

n B

each

Talg

arry

Bar

rier

Snak

e Is

land

Wes

tern

Fre

nchm

ans

Isla

nds:

Nan

ya a

nd G

ecko

Tabl

e 2:

MA

NA

GE

ME

NT

ZO

NE

S (I

mpa

cts

asse

ssed

at

the

begi

nnin

g of

the

Con

sent

per

iod)



28

Tabl

e 2:

MA

NA

GE

ME

NT

ZO

NE

S (I

mpa

cts

asse

ssed

at

the

begi

nnin

g of

the

Con

sent

per

iod)

ZO

NE

HE

RIT

AG

EIM

PAC

TS

ON

HE

RIT

AG

EP

RIO

RIT

Y A

RE

AS

Abo

rigi

nal:

maj

or b

uria

l gro

und

on M

oon

Isla

nd,

smal

ler

buri

al g

roun

ds o

n E

ast

Moo

n, s

hell

mid

den,

hea

rths

and

sto

ne a

rtef

acts

.

His

tori

c: n

one.

Veg

etat

ion:

est

ablis

hed

post

-reg

ulat

ion

woo

dlan

don

isla

nds,

ree

ds a

nd s

edge

tus

sock

s.

Abo

rigi

nal:

Ruf

us R

iver

Mas

sacr

e, b

uria

l gro

unds

,de

nse

shel

l mid

dens

, hea

rths

, sto

ne a

rtef

acts

espe

cial

ly g

rind

ston

es.

His

tori

c: o

verl

ande

rs’ r

oute

, fer

ries

, bri

dges

, wav

ebr

eak,

wor

kers

’ cam

ps.

Veg

etat

ion:

spa

rse

annu

als

alon

g le

vee

bank

s.

Abo

rigi

nal:

occa

sion

al s

tone

art

efac

ts.

His

tori

c: o

ccas

iona

l bot

tles.

Veg

etat

ion:

gra

sses

and

sed

ges,

occ

asio

nal l

ignu

m,

rece

nt r

egro

wth

red

gum

see

dlin

gs in

pla

ces

incl

udin

g ea

ster

n si

de o

f In

let

Cha

nnel

.

Abo

rigi

nal:

one

buri

al p

rote

cted

, som

e he

arth

s,sh

ell m

idde

ns, s

tone

art

efac

ts.

His

tori

c: c

ontr

ol r

egul

ator

, em

bank

men

ts, w

orke

rs’

cam

ps.

Veg

etat

ion:

gra

sses

on

flood

plai

n, a

reas

of

rush

es.

Low

to

mod

erat

e w

ave

and

win

d im

pact

,no

sto

ck t

raff

ic, p

ig im

pact

at

tim

es. H

igh

kang

aroo

and

em

u nu

mbe

rs.

Low

wav

e an

d w

ind

impa

ct, s

cour

ing

and

depo

siti

on a

long

cha

nnel

s, n

o st

ock

traf

ficex

cept

on

wes

t ba

nk o

f R

ufus

, pig

impa

ctat

tim

es, h

igh

kang

aroo

and

em

u nu

mbe

rs.

Low

to

mod

erat

e w

ave

and

win

d im

pact

,no

sto

ck t

raff

ic e

xcep

t on

wes

t si

de o

fR

ufus

, pig

impa

ct a

t ti

mes

, hig

h ka

ngar

ooan

d em

u nu

mbe

rs.

No

wav

e or

win

d im

pact

, sco

urin

g an

dde

posi

tion

by

wat

er c

urre

nts,

low

sto

cktr

affic

, pig

s, h

igh

kang

aroo

and

em

u nu

mbe

rs.

Isla

nds

as a

who

le.

Zon

e as

a w

hole

.

No

prio

rity

are

as f

or p

rote

ctio

nof

cul

tura

l her

itag

e m

ater

ial.

Fren

chm

ans

Cre

ek b

anks

– lo

wpr

iori

ty a

reas

.

Eas

tern

Fre

nchm

ans

Isla

nds:

Yel

obel

ly, M

oon

and

Eas

t M

oon

Sout

hern

lake

bed

chan

nels

: ban

ks o

f R

ufus

and

Fren

chm

ans

up t

o15

0 m

fro

m n

atur

alw

ater

’s ed

ge.

Sout

hern

lake

bed

floo

dpla

in

Fren

chm

ans

Cre

ek f

rom

Con

trol

Reg

ulat

or B

ridg

eto

Sca

ddin

gs B

ridg

e,be

low

27

m a

nd b

etw

een

emba

nkm

ents


Management Requirements

On the basis of the Statement of Significanceand the identification of Priority Areas, thefollowing list summarises the heritagesignificance relative to impacts and needs.

• The most significant cultural heritage at LakeVictoria is the Aboriginal burials. Existingprotection works and areas with potential forfuture exposure of burials will be the firstpriority for management decisions.

• The southern lake bed is the area of greatestcultural significance as it combines the mostimportant aspects of social, aesthetic andhistoric significance as well being the mostcomplex area of the cultural landscape.

• The Management Zones within the southernlake bed with the most significant material

cultural heritage are the Frenchmans Islandsand the banks of the Rufus River andFrenchmans Creek.

• Talgarry Barrier and Snake Island areidentified as the next most significantManagement Zones for cultural heritage.

• The southern lake bed floodplain is lesssignificant because it contains little materialcultural heritage, but it is important foraesthetic perceptions.

• Management decisions based on a particularsection of the lake bed may or may notimpact on other parts of the shore. Policiesdeveloped on the basis of a particularmanagement zone must be reviewed in termsof their effect elsewhere.

• The long-term stability of the existingprotection works is a priority, so vegetation ofthe nourished sand of the protection worksmust be encouraged to stabilise the protectionworks.

• One of the primary ways to protect thecultural heritage material is to stabilise thesoil. This is best achieved by operating theLake in a way that will promote revegetationwhere possible.

• Maintenance and expansion of the existing

vegetation is a priority, given its role in thecultural landscape significance.

The purpose of conservation management of thecultural landscape is to conserve heritage values.The following is a brief summary of someimportant issues that need consideration.

• The cultural landscape of Lake Victoria is thesum total of all the components of thecultural and natural landscape including allhuman induced changes to the landscape.However, some of these cultural changes havebeen detrimental to other important heritagevalues. In particular, the recent and mostconspicuous change brought about byEuropeans, the regulation of the Lake, hashad a damaging effect on the physical culturalheritage such as the burials, and otherAboriginal cultural material.

• The original heritage value of some aspects ofthe landscape, notably the vegetation, hasbeen totally lost. In fact, it is not possible toassess what the original natural heritage valuemight have been (in terms of biodiversity,uniqueness etc.) because of the degree ofdisturbance. So it is not possible to conserveany natural heritage value of the vegetationbecause of the loss of integrity.

• Aboriginal people have expressed their desirefor better environmental management of theLakeshore, so that the shore is vegetated atlow water levels rather than bare, and in orderto encourage native wildlife. The vegetation,however, can never return to what it wasbefore regulation, or for that matter, beforethe arrival of Europeans. The desire forimproved environmental management is asocial value, but not specifically a heritagevalue (since heritage is those aspects of thepast that we value and wish to keep). It is adesire for improved environmental amenitywhich is shared by Aboriginal and non-Aboriginal people.

• The policy direction of the Plan ofManagement is to reduce the physical impactof natural processes (aggravated by the Lakeregulation) on cultural heritage by stabilising


29


the Lakeshore. The identified method of

stabilising the shore is through encouraging

vegetation. This accords with the desire for

improved environmental management.

For the Cultural Landscape Plan of Management

to be effective, it will be necessary to acquire an

understanding of the dynamics of the

environment of the Lakeshore in order to

develop appropriate and feasible physical

methods for stabilising priority areas where

necessary for the conservation of cultural and

natural significance. Lake Victoria is situated in a

semi-arid environment, where erosion is the

dominant natural process under the current

climatic regime. A Lakeshore anywhere is a

dynamic and evolving geomorphological

environment, and is influenced by a wide range

of interacting factors, only some of which are

amenable to human control. These include:

• the nature of the underlying geology and

geomorphology;

• the regional climate;

• the physical processes of weather and of

alluvial, fluvial, lacustrine and littoral

processes;

• salinisation of the Lakeshore;

• the effect of human intervention on the latter

through historic changes in land usage around

the Lake and the historic regulation of the

River and Lake system;

• the changed hydrological regime;

• the nature of the Lakeshore vegetation and

the long-term history of post-European

impacts on it;

• the impacts of stock, feral animals and native

species on both the Lakeshore sediments and

vegetation; and

• human activities on the Lakeshore, including

foot traffic, vehicles, construction of pipelines

and fences, and also protection actions.

The processes of erosion at Lake Victoria are

complex and interlinked. For example, it may be

obvious that at a particular locality on the

Lakeshore, the immediate cause of erosion of the

old soils containing burials may be wave or wind

action, but the underlying cause may be the

churns and loosening of the surface by trampling

by stock or feral animals. This impact may be

aggravated by surface salinity which makes the

surface soft and spongy rather than hard and

resistant. Removing the trampling pressure will

help, but the soft salinised surface will still be

more vulnerable to wind action. Raising the

Lake would wash out some of the salt, but

would add wave impact.

Changing some or all of these factors will have

an effect on potential revegetation which will

then enter the equation as another factor in

causing/minimising erosion. For example,

grazing pressure on vegetation and direct

trampling by stock and feral animals loosens up

the ground surface and makes it more vulnerable

to the impact of waves, wind, rain and run-off.

Some processes (vehicle tracks, construction,

gullying run-off ) have a heavy localised impact,

others (wind, waves) have a broad-scale impact.

Some of these processes can be managed and

controlled. The impact of waves on specific areas

can be changed by manipulating the regulation

of the Lake. Vehicle and human traffic and the

way management, research and protection works

are carried out can be controlled.

The management of the Lakeshore can include

an input into controlling other factors through

negotiating with landholders and other

government agencies about the management of

grazing, fencing, feral and native control on the

Lakeshore. However, to minimise many of these

erosional factors on the Lakeshore requires major

changes in the management of the overgrazed

lands outside the Lakeshore, and control of feral

and native animals at a regional level.

Finally, the Plan of Management cannot control

some factors, in particular the weather, and

extreme climatic events. Historic evidence shows

that the Lakeshore was an unstable environment

both before Europeans arrived and before the

Lake was regulated. Even if all potentially

controllable processes were managed, erosion

would continue.


30


Further, there will be a lag in environmentalresponse to any management actions of years oreven decades, and it may be difficult to predictwhether some actions have a good or bad effectin the long-term. For example, even if grazingpressure on the lands above the Lakeshore weretotally removed, the effects of past managementpractices would persist. Run-off from theexisting gullies would continue to erode theLakeshore, and cliffs eroded by past high waterlevels would continue to collapse until a stableconfiguration was reached.


31



32


PART 3: THE CONSENTCONDITIONS

3.1 Introduction

Legislative Framework

In NSW, the protection of Aboriginal relics isthe responsibility of the Director-General ofNational Parks and Wildlife, under the NationalParks and Wildlife Act (1974). Historic relics arethe responsibility of the Heritage Office of theDepartment of Urban Affairs and Planning,under the Heritage Act (1977).

In 1997–8 the MDBC prepared an EIS on theimpact of operating Lake Victoria above 23.6 m.Developmental consent under Part 4 of theEnvironmental Planning and Assessment Act(1979) was not required to raise the level of the

Lake above 23.6 m. However, a s87 Permit and as90 Consent from the Director-General of theNPWS were required. S87 and s90 dealexclusively with Aboriginal relics. Whendetermining the application for the permit andconsent, the Director-General was obliged tocomply with environmental assessmentrequirements under Part 5 of the EnvironmentalPlanning and Assessment Act (1979).

The Director-General issued a s87 Permit and as90 Consent to the MDBC on 27 August 1998.The Consent was qualified by conditions relatingto the management of the Lake, the culturalheritage, the environment and the River Murray.The preparation of the Lake Victoria CulturalLandscape Plan of Management for theLakeshore of Lake Victoria is a requirement ofthe conditions of the s90 Consent.

The Aboriginal heritage of Lake Victoria alsocomes under the jurisdiction of theCommonwealth Minister for the Environment,through the Aboriginal and Torres Strait IslanderHeritage Protection Act (1984). In 1997 two s10applications were made to the Minister from twoAboriginal organisations. These have yet to bedetermined, and will be addressed after the NewSouth Wales State process is completed and theDirector-General NPWS approves the LakeVictoria Cultural Landscape Plan ofManagement.

Overview of the s90 Consent

The full text of the Consent, including theconditions, is located at Appendix 1.

NPWS has identified the establishment of nativevegetation on the Lake’s foreshore and littoralzone as the fundamental strategy in the Consentto minimise the risk and extent of future impacton the Aboriginal heritage material at LakeVictoria or to the foreshore of the Lake as anAboriginal place. The underlying rationale forthis is that the vegetation will reduce the rate oferosion by stabilising the soil. To establish andmaintain vegetation on the foreshore will requirechanges to the operational practices at LakeVictoria, therefore negotiation of an alteredoperating strategy is an important enablingstrategy.

The Consent has been issued for a period ofeight years from 27 August 1998 to 27 August2006. It governs interim actions required priorto the implementation of this Plan ofManagement, as well as the actions which thePlan must cover. A formal review will beconducted in 2005 and consideration given to asubsequent Consent. The Consent Conditionsinclude a significant monitoring requirement sothat changes in the environment can bemeasured and assessed in the conduct of thisreview.

The Consent Conditions can be broadly dividedinto the following categories:

• conditions which relate to the interimoperation of Lake Victoria prior to theimplementation of the Plan of Management;

• conditions which relate to the development,approval and geographical scope of the Planof Management, but do not require anyactions within the Plan;

• conditions which require specific actionswhich must be included in the Plan ofManagement; and

• conditions which govern the way the Consentis administered and aspects of the Plan areimplemented.


33


Adaptive Management

A key principle of the Consent and the Plan ofManagement is adaptive management. TheConsent Conditions will remain in place for thelife of the Consent, however, as time passes, newinformation may become available frommonitoring, conditions at the Lake may changeas a result of specific strategies undertaken aspart of the Plan, and different issues maybecome important to stakeholders. Managementprocesses must be capable of adapting to meetsuch changes. This is reflected in Figure 2 whichshows the planning process for this Plan ofManagement.

However, any changes to management practiceswill only be made after a structured review, andafter due and thorough consideration of all theinformation available. This is important to

ensure the most thorough consideration of thefull range of possible or foreseeable consequencesof any proposed change to managementpractices. It also ensures that the management ofLake Victoria is approached as a system in whichthe various aspects, such as cultural heritage andthe natural environment, are related.

Intellectual Property

The Plan of Management respects theintellectual property rights of the Barkindjipeople with respect to Aboriginal culturalheritage at Lake Victoria. The Consent and thePlan of Management recognise that reports orpublications associated with Lake Victoria maybe sensitive. Culturally sensitive information isto be managed in consideration of the wishes ofits owners (the Barkindji People). Any reports orpublications containing cultural information willbe referred to the Barkindji Elders Committeeprior to its release and their advice soughtregarding distribution of the information.

Objective of the Plan ofManagement

The objective of this Plan is to:

monitor and manage the impact of theoperation of Lake Victoria as a water storage onthe Lake environment, and on its cultural andnatural heritage values.

How to Read Part 3 of the Plan ofManagement

There are significant areas of overlap betweensome of the Consent Conditions which means itis not possible to present them in the Plan in asimple sequential order. In addition, for someConditions the strategies and action plans arestraightforward and simple, while for others, alot more detail is required. This Plan addressesall of the Consent Conditions in the followingway:

• Section 3.2 will present the Conditions thatrequire specific actions that must be includedin the Plan of Management. Section 3.2contains a table that lists each ConsentCondition in this category, its objective, andthe strategies and action plans that theMDBC will implement to address theCondition. Some of these are self-explanatory,and others need further amplification. TheConditions that require further amplificationwill be the topic of a specific section as

described below.

• Section 3.3 will address Consent Condition 1—Lake Victoria AdvisoryCommittee and Community Relations.

• Section 3.4 will address Consent Conditions 8 and 16—which deal withrevegetation and Lake operations, and hasbeen titled Strategies for Cultural HeritageConservation.

• Section 3.5 will address Consent Conditions9 to 15, which deal with Research andMonitoring.

• Section 3.6 will address Consent Condition18—Actions outside the area of the Lake.


34


• Section 3.7 will address the arrangements formanagement and implementation of the Planof Management. This Section covers all of theConsent Conditions that govern the way theConsent is to be administered and aspects ofthe Plan are implemented. Some of theseConditions are also addressed in otherSections.

• Protocols—This section contains theProtocols that have already been developed insupport of this Plan. Future additions willinclude protocols and briefing packages whichhave been identified in action plans, butwhich have not yet been developed. It is alsorecognised that other requirements forcodification of procedures may be identifiedin the future. If this occurs, any new protocoldeveloped will be added to this section.

3.2 Consent Conditions,Objectives, Strategiesand Action Plans

Relationship between ConsentConditions, Strategies and ActionPlans

Figure 10 shows the relationship between theConsent Condition, strategies and action plans.

Each Consent Condition has been analysed inorder to determine its intended objective. Thishas then been used to develop the strategies andaction plans that will meet the ConsentCondition. A strategy is a broad statement ofwhat will be done to address the ConsentCondition, while an action plan is a moredetailed description of how the strategy will beimplemented. There may be more than onestrategy for each Consent Condition, and morethan one action plan for each strategy. Table 3lists the Consent Conditions, objectives,strategies and action plans for the ConsentConditions that are included in this Plan ofManagement.


35

Fixed for life of Consent Evolving over life of Consent

Consent Conditions

Objectives StrategyAction Plans

Action Plans

Ongoing Review

Feedback and Adaptive Management

End of Consent PeriodReconsideration of Consent Conditions

Formal Review Process

Figure 10: Relationship between the Consent Conditions, Strategies and Action Plans


Criteria for Action Plans

Any action plans should meet the following

criteria:

• they should follow the objective of the

Consent Condition and, where applicable, be

developed from the statement of significance

and aim at retaining or enhancing all the

elements of the place’s heritage significance;

• they should deal in a realistic way with the

constraints imposed by the physical nature of

the place, by costs and by technical problems;

• any physical intervention should have the

minimum aesthetic impact on the place;

• as a general rule, the least possible physical

intervention is the best;

• provision should be made for ongoing, long-

term management of the place.

Life of Consent Condition, Strategyand Action Plans

The Consent Conditions are fixed for the life of

the current Consent. In contrast to this, the

strategies and action plans are flexible and may

evolve or be changed during the life of the

Consent because they may have a specific time

frame, or may be designed to gather or respond

to new information or to carry out certain

works. As each strategy or action plan is

completed it may be replaced or followed by

another developed under the existing Consent

Conditions.

Ongoing Review

Ongoing review of the action plans will ensure

that the management practices can be adapted if

required, as further information comes to light

or if a particular strategy or action plan is

completed. Information produced from the

strategies and action plans may also feedback

into a more formal review of the assessment of

the heritage significance and the threats to the

heritage significance as well as the

reconsideration of the Consent Conditions at the

end of the current Consent period.

Importantly, changes to strategies, action plans

or management practices will only be made in a

structured review and after due and thorough

analysis of the information available.

Information from the strategies and action plans

must not be used in an ad-hoc manner as the

cause and effect of changes needs to considered

as part of a rigorous review.

Formal Review Process

The MDBC will establish and resource a Review

Panel, which will consider any proposed changes

to management practices. The composition of

the Review Panel is outlined in Section 3.5. Any

proposal to change management practices which

may affect the cultural heritage or natural

environment at Lake Victoria should be raised

formally at an LVAC meeting, with reasons and

if possible, supporting evidence such as

monitoring results. The LVAC will discuss the

proposal and make a recommendation.

The proposal will be referred to the Review

Panel. Further investigation may be required

before the Review Panel can undertake full

consideration of the change.

The range of issues the Review Panel will

consider includes, but is not limited to the

following:

• whether the change is consistent with the

Consent Conditions and this Plan of

Management;

• all possible effects on cultural heritage and

natural environment at Lake Victoria;

• if applicable, environmental effects outside of

the Lake Victoria area;

• effects on all stakeholders at Lake Victoria;

• effects on water resources;

• the best means of implementing such a

change, any liaison or preparatory actions

required prior to implementation.

The Review Panel may seek additional specialist

advice if required and will consult as appropriate

with NPWS, DLWC, MDBC and SA Water.

The final decision will be made by the MDBC,

taking into account all of the information

considered. Once a decision has been made, it

will be explained in full to the LVAC and any

other interested stakeholders before being

implemented.


36



37

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Ens

ure

that

the

LV

AC

giv

es a

maj

or v

oice

to

Abo

rigi

nal

elde

rs w

ith

trad

itio

nal a

nd h

isto

ric

affil

iati

ons

wit

h th

eLa

ke.

•C

onsu

lt w

ith

the

loca

l Abo

rigi

nal c

omm

unit

y th

roug

h th

eLV

AC

abo

ut t

he a

ppro

pria

te m

anag

emen

t of

cul

tura

lhe

rita

ge a

t th

e La

ke.

•E

ncou

rage

and

sup

port

Abo

rigi

nal c

omm

unit

yre

pres

enta

tive

s on

the

LV

AC

to

prov

ide

info

rmed

adv

ice

toth

e br

oade

r A

bori

gina

l com

mun

ity.

•C

omm

unic

ate

in a

cul

tura

lly a

ppro

pria

te m

anne

r w

ith

the

LVA

C a

nd b

road

er A

bori

gina

l com

mun

ity.

•T

he L

VA

C w

ill m

eet

twic

e a

year

or

on a

n "a

s ne

eds"

bas

is.

•T

he L

VA

C w

ill b

e ad

equa

tely

res

ourc

ed.

•T

he B

arki

ndji

Eld

ers

Com

mit

tee

(BE

C)

will

est

ablis

h a

prog

ram

of

mee

ting

s or

con

sulta

tion

s be

twee

n th

em

eeti

ngs

of t

he L

VA

C t

o en

sure

info

rmed

adv

ice

ispr

ovid

ed.

•A

coo

rdin

ator

for

the

BE

C w

ill b

e jo

intly

fun

ded

byN

PWS

and

MD

BC

.•

The

Dar

eton

Loc

al A

bori

gina

l Lan

d C

ounc

il an

d th

eN

SW S

tate

Lan

d C

ounc

il w

ill b

e in

volv

ed in

all

cons

ulta

tive

pro

cess

es.

•C

onsu

ltati

on m

ust

mee

t th

e fo

llow

ing

stan

dard

s:–

all n

eces

sary

info

rmat

ion

abou

t an

issu

e is

pro

vide

d in

an

unde

rsta

ndab

le f

orm

, inc

ludi

ng t

echn

ical

adv

ice.

– su

ffic

ient

tim

e is

allo

wed

for

ful

l con

side

rati

on o

f th

eis

sue

and

the

back

grou

nd in

form

atio

n.–

suff

icie

nt o

ppor

tuni

ty is

pro

vide

d fo

r th

e el

ders

and

othe

r co

mm

itte

e m

embe

rs t

o as

k qu

esti

ons

or c

lari

fym

atte

rs a

bout

whi

ch t

hey

are

unsu

re, i

nclu

ding

acc

ess

tote

chni

cal e

xper

ts w

here

rel

evan

t.–

suff

icie

nt t

ime

is a

llow

ed f

or e

lder

s to

con

sult

wit

h th

ebr

oade

r A

bori

gina

l com

mun

ity.

– su

ppor

t an

d fa

cilit

ies

are

prov

ided

for

mea

ning

ful

com

mun

ity

cons

ulta

tion

.–

cons

ulta

tion

incl

udes

all

rele

vant

issu

es a

s th

ey a

rise

.

Obj

ectiv

e 1

To e

nsur

e th

at t

here

is a

for

mal

rol

efo

r th

e A

bori

gina

l com

mun

ity

inde

cisi

on-m

akin

g on

cul

tura

l and

na

tura

l her

itag

e m

anag

emen

t at

the

Lake

.

Obj

ectiv

e 2

To c

omm

unic

ate

in a

n ef

fect

ive

man

ner

wit

h th

e LV

AC

and

the

Abo

rigi

nal c

omm

unit

y.

Con

sent

Con

diti

on 1

—L

ake

Vic

tori

a A

dvis

ory

Com

mit

tee

(LV

AC

) an

d C

omm

unit

y R

elat

ions

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns



38

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Ens

ure

loca

l Abo

rigi

nal c

omm

unit

y m

embe

rs a

re g

iven

the

oppo

rtun

ity

to b

e em

ploy

ed o

n cu

ltura

l and

nat

ural

heri

tage

act

ivit

ies.

•Su

ppor

t co

mm

unit

y re

pres

enta

tion

on

the

LVA

C.

•E

nsur

e th

at s

take

hold

ers

are

awar

e of

cur

rent

act

ivit

ies

atth

e La

ke.

•Im

prov

e pu

blic

app

reci

atio

n an

d un

ders

tand

ing

of t

hecu

ltura

l val

ues

of L

ake

Vic

tori

a.•

Impr

ove

publ

ic a

ppre

ciat

ion

and

unde

rsta

ndin

g of

the

rol

eof

Lak

e V

icto

ria

in t

he m

anag

emen

t of

wat

er r

esou

rces

inth

e M

urra

y–D

arlin

g B

asin

.•

Impr

ove

com

mun

icat

ion

betw

een

the

stak

ehol

ders

asso

ciat

ed w

ith

Lake

Vic

tori

a.

•K

eep

the

BE

C a

dvis

ed o

f em

ploy

men

t op

port

unit

ies.

•E

stab

lish

an E

mpl

oym

ent

Prot

ocol

to

sim

plify

pro

ject

spec

ific

empl

oym

ent

for

the

loca

l Abo

rigi

nal c

omm

unit

y.(N

ote:

thi

s is

incl

uded

in t

he P

roto

col S

ecti

on o

f th

is P

lan)

•E

ncou

rage

par

tici

pati

on o

f m

embe

rs o

f th

e lo

cal

Abo

rigi

nal c

omm

unit

y in

tra

inin

g pr

ogra

ms

rele

vant

to

cultu

ral a

nd n

atur

al h

erit

age

acti

viti

es.

•E

nsur

e th

at la

ndow

ners

, cat

chm

ent

man

agem

ent

boar

ds,

wat

er u

sers

and

oth

er r

elev

ant

grou

ps a

re r

epre

sent

ed o

nth

e LV

AC

.•

SA W

ater

will

sen

d a

bi-m

onth

ly n

ewsl

ette

r to

LV

AC

mem

bers

and

all

land

owne

rs a

djac

ent

to L

ake

Vic

tori

a.•

Ens

ure

that

any

cul

tura

l inf

orm

atio

n to

be

rele

ased

is w

ith

the

appr

oval

of

the

BE

C.

•M

ake

avai

labl

e in

form

atio

n ab

out

the

sign

ifica

nce

of L

ake

Vic

tori

a to

the

bro

ader

pub

lic t

hrou

gh a

ppro

pria

te m

edia

(boo

ks, p

oste

rs, v

ideo

).•

Prov

ide

on-s

ite

inte

rpre

tive

info

rmat

ion

as a

ppro

pria

te.

•If

app

ropr

iate

, and

sub

ject

to

the

appr

oval

of

the

BE

C,

mak

e av

aila

ble

copi

es o

f re

leva

nt r

epor

ts t

o th

e ge

nera

lpu

blic

.•

Forw

ard

copi

es o

f an

y pu

blic

atio

n to

the

Aus

tral

ian

Mus

eum

and

AIA

TSI

S, w

hile

res

pect

ing

the

inte

llect

ual

prop

erty

rig

hts

of t

he B

arki

ndji

peop

le.

•Pr

oduc

e a

new

slet

ter

desc

ribi

ng a

ctiv

itie

s at

the

Lak

e on

an

as-n

eeds

bas

is.

Obj

ectiv

e 3

To e

nsur

e th

at t

he lo

cal A

bori

gina

lco

mm

unit

y is

invo

lved

whe

reop

port

unit

ies

exis

t in

cul

tura

l and

natu

ral h

erit

age

man

agem

ent

wor

ksat

the

Lak

e.

Obj

ectiv

e 4

To c

omm

unic

ate

wit

h th

e br

oade

rco

mm

unit

y re

gard

ing

the

dive

rsit

y of

inte

rest

s in

volv

ed in

Lak

e V

icto

ria,

part

icul

arly

the

cul

tura

l her

itag

esi

gnifi

canc

e of

the

Lak

e an

d th

e ro

leof

Lak

e V

icto

ria

in w

ater

man

agem

ent.

Con

sent

Con

diti

on 1

—L

ake

Vic

tori

a A

dvis

ory

Com

mit

tee

(LV

AC

) an

d C

omm

unit

y R

elat

ions

—co

ntin

ued



39

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Prep

are

a w

ritt

en A

nnua

l Rep

ort.

•Pr

ovid

e a

publ

ic, o

ral p

rese

ntat

ion

of t

he A

nnua

l Rep

ort

tost

akeh

olde

rs.

•Pr

epar

e an

Ann

ual R

epor

t ac

cord

ing

to t

he f

ollo

win

gti

met

able

:–

pres

ent

the

draf

t re

port

to

the

LVA

C b

y th

e en

d of

Sept

embe

r ea

ch y

ear

for

revi

ew a

nd c

omm

ent;

– su

bmit

the

fin

al r

epor

t, w

ith

the

LVA

C's

com

men

ts, t

oN

PWS

by t

he e

nd o

f O

ctob

er e

ach

year

.

•T

he A

nnua

l Rep

ort

will

con

tain

:

– a

repo

rt o

f th

e La

ke o

pera

tion

s fo

r th

e pr

evio

us 1

2m

onth

s;–

a su

mm

ary

of a

ctiv

itie

s re

late

d to

the

man

agem

ent

ofcu

ltura

l and

nat

ural

her

itag

e w

hich

hav

e oc

curr

ed in

the

prev

ious

12

mon

ths;

– a

sum

mar

y of

act

ivit

ies

rela

ted

to c

ultu

ral a

nd n

atur

alhe

rita

ge p

ropo

sed

for

the

next

12

mon

ths;

– al

l rep

orti

ng r

equi

red

by t

he C

onse

nt C

ondi

tion

s;–

all r

epor

ting

pre

scri

bed

by t

he C

ultu

ral L

ands

cape

Pla

nof

Man

agem

ent;

– su

mm

ary

resu

lts f

rom

all

rese

arch

, sur

vey

and

mon

itor

ing

acti

viti

es u

nder

take

n du

ring

the

yea

r;–

the

nam

es a

nd q

ualif

icat

ions

of

peop

le in

volv

ed in

the

impl

emen

tati

on o

f th

e Pl

an o

f M

anag

emen

t;–

any

othe

r m

atte

r re

ques

ted

by t

he D

irec

tor-

Gen

eral

of

NPW

S; a

nd–

any

reco

mm

enda

tion

s re

gard

ing

chan

ges

to t

he o

pera

ting

plan

s w

hich

are

der

ived

fro

m t

he P

lan

of M

anag

emen

t.

•O

rgan

ise

a pr

esen

tati

on o

f th

e A

nnua

l Rep

ort

to t

heLV

AC

.

Obj

ectiv

e 1

To c

omm

unic

ate

to t

he c

omm

unit

y,al

l sta

keho

lder

s an

d to

the

Dir

ecto

r-G

ener

al o

f N

PWS

info

rmat

ion

abou

t ac

tivi

ties

rel

atin

g to

the

man

agem

ent

of t

he c

ultu

ral a

ndna

tura

l her

itag

e in

ord

er t

o:

•en

sure

com

plia

nce

wit

h C

onse

ntco

ndit

ions

, and

•

assi

st in

coo

rdin

atin

g ac

tion

s at

Lake

Vic

tori

a w

ith

othe

r pl

anni

ngpr

oces

ses

in a

djoi

ning

are

as.

Con

sent

Con

diti

on 5

—R

epor

ting

Pro

cess

es



40

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Man

age

acce

ss t

o La

ke V

icto

ria.

•Im

prov

e pu

blic

app

reci

atio

n an

d un

ders

tand

ing

of t

hecu

ltura

l val

ues

of L

ake

Vic

tori

a.•

Impr

ove

publ

ic a

ppre

ciat

ion

and

unde

rsta

ndin

g of

the

rol

eof

Lak

e V

icto

ria

in t

he m

anag

emen

t of

wat

er r

esou

rces

inth

e M

urra

y–D

arlin

g B

asin

.

•E

stab

lish

an A

cces

s Pr

otoc

ol w

hich

incl

udes

a s

erie

s of

prot

ocol

s fo

r th

e fo

llow

ing

peop

le o

r ac

tivi

ties

:–

elde

rs o

n th

e LV

AC

;–

Abo

rigi

nal p

eopl

e;–

loca

l lan

dow

ners

;–

educ

atio

nal g

roup

s;–

rese

arch

pro

ject

s;–

recr

eati

on a

ctiv

itie

s; a

nd–

gove

rnm

ent

agen

cy e

mpl

oyee

s.(N

ote:

thi

s is

incl

uded

in t

he P

roto

col S

ecti

on o

f th

isPl

an)

•D

evel

op a

Cod

e of

Con

duct

to

be u

sed

whe

n un

dert

akin

gw

ork

at t

he L

ake.

(Not

e: C

ode

of C

ondu

ct is

incl

uded

in t

he P

roto

col

Sect

ion

of t

his

Plan

)•

Dev

elop

a b

rief

ing

pack

age

for

first

-tim

e vi

sito

rs.

(Not

e: s

till

to b

e de

velo

ped,

and

will

be

incl

uded

in t

hePr

otoc

ol S

ecti

on o

f th

is P

lan)

•Li

mit

rec

reat

iona

l use

to

sele

cted

are

as a

s ag

reed

by

the

LVA

C.

•Li

mit

veh

icle

acc

ess

to t

he la

ke b

ed.

•Pr

ovid

e on

-sit

e in

terp

reta

tive

info

rmat

ion

as a

ppro

pria

te.

•Pr

ovid

e ap

prop

riat

e si

gnag

e.•

Con

sult

wit

h ot

her

gove

rnm

ent

agen

cies

wit

h ju

risd

icti

onov

er a

ctiv

itie

s at

the

Lak

e, s

uch

as N

SW W

ater

way

s, N

SWFi

sher

ies,

to

dete

rmin

e ho

w t

o lim

it a

ctiv

itie

s w

hich

may

be d

etri

men

tal t

o cu

ltura

l her

itag

e.

Obj

ectiv

e 1

To s

afeg

uard

the

cul

tura

l her

itag

eva

lues

of

Lake

Vic

tori

a.

Con

sent

Con

diti

on 6

—C

omm

unic

atio

n an

d A

cces

s St

rate

gy



41

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Exp

and

the

vege

tati

ve c

over

in p

rior

ity

area

s to

sta

bilis

e th

eLa

kesh

ore.

•M

anag

e La

ke le

vels

to

min

imis

e er

osio

n/ph

ysic

al im

pact

s.•

Acc

ept

the

trad

e-of

fs b

etw

een

vege

tati

on e

nhan

cem

ent

and

wat

er c

onse

rvat

ion.

•E

limin

ate

the

impa

cts

of s

tock

gra

zing

on

natu

ral a

ndcu

ltura

l her

itag

e.•

Elim

inat

e tr

ampl

ing

of s

ensi

tive

sit

es b

y st

ock.

•M

aint

ain

and

enha

nce

the

natu

ral a

men

ity

of t

heLa

kesh

ore

as p

art

of t

he c

ultu

ral h

erit

age

valu

e of

the

sit

e.

•D

evel

op g

uide

lines

for

the

rel

atio

nshi

p be

twee

n La

ke le

vels

and

vege

tati

on r

espo

nse

by:

– id

enti

fyin

g ke

y sp

ecie

s to

max

imis

e so

il st

abili

sati

on.

– id

enti

fyin

g ve

geta

tion

cap

acit

y/ca

pabi

lity

of t

he s

hore

line

in e

ach

man

agem

ent

zone

.–

iden

tify

ing

ecol

ogic

al r

equi

rem

ents

of

key

spec

ies.

– m

odel

ling

vege

tati

on r

espo

nse

to a

ran

ge o

f La

keop

erat

ion

scen

ario

s.–

asse

ssin

g im

plic

atio

ns o

f La

ke o

pera

tion

sce

nari

os o

nw

ater

sup

ply.

•M

anag

e ph

ysic

al im

pact

s by

:–

min

imis

ing

the

tim

e La

ke is

hel

d at

any

one

leve

l.–

impl

emen

ting

a f

eral

ani

mal

con

trol

pro

gram

.–

prov

idin

g a

stoc

k w

ater

sup

ply

away

fro

m t

he L

akes

hore

to e

limin

ate

stoc

k im

pact

s on

sen

siti

ve a

reas

.–

Fenc

e se

nsit

ive

area

s if,

and

as,

req

uire

d.•

Rev

iew

ing

the

outc

omes

by:

– m

onit

orin

g ve

geta

tion

res

pons

e.•

Ada

ptin

g th

e m

anag

emen

t re

gim

e in

acc

orda

nce

wit

h th

eR

esea

rch

and

Mon

itor

ing

Polic

ies

•E

nsur

e th

at L

ake

oper

atio

ns t

ake

into

con

side

rati

on t

here

quir

emen

ts o

f ex

isti

ng v

eget

atio

n w

ith

high

am

enit

yva

lues

.

Obj

ectiv

e 1

Min

imis

e th

e ph

ysic

al im

pact

s of

Lake

ope

rati

on o

n th

e La

kesh

ore

whi

le r

ecog

nisi

ng t

he v

alue

of

the

Lake

in w

ater

res

ourc

e m

anag

emen

tin

the

Mur

ray–

Dar

ling

Bas

in.

Obj

ectiv

e 2

Rec

ogni

se t

he a

men

ity

valu

e of

the

Lake

shor

e.

Con

sent

Con

diti

on 8

—St

rate

gies

for

Rev

eget

atio

n

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns



42

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Ens

ure

that

res

earc

h ac

tivi

ties

are

con

sist

ent

wit

h th

e ai

mof

ada

ptin

g m

anag

emen

t de

cisi

ons

to m

inim

ise

the

impa

cts

on n

atur

al a

nd c

ultu

ral h

erit

age.

•Im

plem

ent

mon

itor

ing

prog

ram

s to

ass

ess

impa

cts

onna

tura

l and

cul

tura

l her

itag

e va

lues

.•

Est

ablis

h a

Rev

iew

Pan

el w

ith

expe

rtis

e in

cul

tura

l her

itag

esi

gnifi

canc

e, c

ultu

ral h

erit

age

prot

ecti

on, n

atur

al h

erit

age

asse

ssm

ent,

biol

ogy,

geo

mor

phol

ogy,

wat

er s

uppl

yop

erat

ions

and

gro

undw

ater

sal

init

y.•

Ens

ure

prop

osed

cha

nges

in m

anag

emen

t pr

acti

ces

orgu

idel

ines

res

ulti

ng f

rom

res

earc

h ou

tcom

es a

re c

onsi

dere

dby

the

Rev

iew

Pan

el a

nd a

gree

d by

the

Lak

e V

icto

ria

Adv

isor

y C

omm

itte

e, N

PWS

and

MD

BC

.

•E

nsur

e th

at t

he B

EC

is c

onsu

lted

rega

rdin

g an

y re

sear

chpr

opos

al w

hich

invo

lves

cul

tura

l her

itag

e.•

Any

res

earc

h or

inve

stig

ativ

e w

ork

unde

rtak

en a

t th

e La

kew

ill b

e co

nduc

ted

unde

r a

Res

earc

h Pl

an w

hich

will

cont

ain

the

follo

win

g:–

the

need

for

the

res

earc

h.–

the

obje

ctiv

es o

f th

e re

sear

ch.

– th

e pr

opos

ed m

etho

dolo

gy.

– th

e de

tail

of t

he p

ropo

sed

cons

ulta

tion

pro

cess

wit

h th

elo

cal A

bori

gina

l com

mun

ity.

– th

e re

lati

onsh

ip o

f th

e re

sear

ch t

o th

e ob

ject

ives

of

the

Man

agem

ent

Plan

.–

how

the

res

ults

will

be

repo

rted

and

inco

rpor

ated

into

man

agem

ent

outc

omes

.•

All

rese

arch

pla

ns a

nd a

ctiv

itie

s ar

e to

be

revi

ewed

for

reco

mm

enda

tion

by

the

LVA

C b

efor

e be

ing

impl

emen

ted.

•A

ll re

sear

ch p

roje

cts

mus

t ha

ve t

he r

elev

ant

lega

l per

mit

s,an

d th

e ap

prov

al o

f th

e B

EC

.•

The

Rev

iew

Pan

el w

ill r

evie

w t

he r

esul

ts o

f th

e re

sear

chac

tivi

ties

, inc

ludi

ng t

he m

onit

orin

g pr

ogra

m.

Obj

ectiv

e 1

To u

nder

stan

d th

e re

lati

onsh

ip(i

nter

acti

on)

betw

een

envi

ronm

enta

lpr

oces

ses,

Lak

e op

erat

ions

and

impa

cts

on c

ultu

ral a

nd n

atur

alhe

rita

ge in

ord

er t

o im

prov

em

anag

emen

t de

cisi

ons

and

acti

ons.

Thi

s ob

ject

ive

rela

tes

to r

esea

rch

whi

ch is

req

uire

d by

the

s90

Con

sent

.

Con

sent

Con

diti

on 9

—R

esea

rch

Act

ivit

ies



43

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Faci

litat

e ap

prov

ed r

eque

sts

for

rese

arch

pro

ject

s to

fur

ther

the

unde

rsta

ndin

g of

the

cul

tura

l her

itag

e va

lues

of

Lake

Vic

tori

a.•

If A

bori

gina

l cul

tura

l mat

eria

l is

unco

vere

d in

the

cou

rse

ofth

e re

sear

ch, a

dvis

e re

sear

ch p

ropo

nent

of

repo

rtin

g an

dar

chiv

ing

requ

irem

ents

of

the

Con

sent

, par

ticu

larl

y th

ein

telle

ctua

l pro

pert

y ri

ghts

of

the

Bar

kind

ji pe

ople

.

•D

evel

op a

pro

cedu

re t

o re

gist

er a

nd p

roce

ss a

ny r

esea

rch

requ

ests

to

the

BE

C a

nd L

VA

C, n

otin

g th

at t

he r

esea

rch

prop

onen

t is

res

pons

ible

for

gai

ning

all

rele

vant

app

rova

ls.

•A

ll re

sear

ch p

lans

and

act

ivit

ies

are

to b

e re

view

ed f

orre

com

men

dati

on b

y th

e LV

AC

bef

ore

bein

g im

plem

ente

d.•

All

rese

arch

pro

ject

s m

ust

have

the

rel

evan

t le

gal p

erm

its,

and

the

appr

oval

of

the

BE

C.

•E

nsur

e th

at r

esea

rch

prop

onen

ts a

re a

war

e of

the

requ

irem

ents

of

the

Con

sent

for

arc

hivi

ng d

ocum

ents

,re

cord

s an

d da

ta c

olle

cted

incl

udin

g:–

depo

siti

ng c

opie

s of

all

rele

vant

doc

umen

ts, r

ecor

ds a

ndph

otog

raph

s w

ith

AIA

TSI

S an

d th

e A

ustr

alia

n M

useu

m.

– id

enti

fyin

g co

pyri

ght

and

inte

llect

ual p

rope

rty

righ

ts, i

npa

rtic

ular

tha

t in

telle

ctua

l pro

pert

y ri

ghts

for

cul

tura

lm

ater

ial u

sed

or d

isco

vere

d in

the

cou

rse

of t

he r

esea

rch

rem

ain

wit

h th

e B

arki

ndji

peop

le a

nd t

hat

dist

ribu

tion

of s

uch

cultu

ral m

ater

ial m

ust

be in

acc

orda

nce

wit

hth

eir

wis

hes.

– th

e re

quir

emen

t to

lodg

e le

gally

req

uire

d si

te r

ecor

dsw

ith

NPW

S.•

Ens

ure

acce

ss c

ondi

tion

s fo

r th

e re

sear

ch p

ropo

nent

sin

clud

e th

e ne

ed f

or c

onti

nued

acc

ess

for

SA W

ater

for

man

agem

ent

purp

oses

.

Obj

ectiv

e 2

To in

crea

se o

ur u

nder

stan

ding

of

the

natu

re o

r si

gnifi

canc

e of

the

cul

tura

lan

d/or

nat

ural

her

itag

e va

lues

at

the

Lake

.

Thi

s ob

ject

ive

rela

tes

to r

esea

rch

whi

ch is

not

req

uire

d by

the

s90

Con

sent

, but

may

be

prop

osed

sepa

rate

ly.

Con

sent

Con

diti

on 9

—R

esea

rch

Act

ivit

ies—

cont

inue

d



44

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Col

lect

dat

a on

phy

sica

l cha

nges

to

cultu

ral h

erit

age

mat

eria

l, in

clud

ing

buri

als.

•A

dvis

e th

e B

EC

of

chan

ges

whi

ch m

ight

influ

ence

asse

ssm

ent

of s

igni

fican

ce.

•Pr

otec

t an

y ne

wly

exp

osed

bur

ial.

•A

s pa

rt o

f th

e La

ke V

icto

ria

Mon

itor

ing

Prog

ram

, dev

elop

and

impl

emen

t th

e cu

ltura

l her

itag

e m

onit

orin

gco

mpo

nent

to

incl

ude:

– re

gula

r in

spec

tion

s of

the

Lak

esho

re.

– re

cord

ing

of t

he lo

cati

on a

nd c

ompo

siti

on/d

escr

ipti

on o

fan

y ne

w in

situ

heri

tage

mat

eria

l.–

invo

lvem

ent

of t

he B

EC

in m

onit

orin

g ac

tivi

ties

whe

reve

r po

ssib

le &

pra

ctic

al.

•E

stab

lish

a pr

oces

s to

ens

ure

that

the

BE

C a

re m

ade

awar

eof

the

res

ults

of

mon

itor

ing

acti

viti

es in

a t

imel

y m

anne

r.

•E

stab

lish

a Pr

otoc

ol f

or t

he p

rote

ctio

n of

bur

ials

.(N

ote:

Thi

s is i

nclu

ded

in th

e Pr

otoc

ol S

ectio

n of

this

Plan

)

Obj

ectiv

e 1

To in

crea

se k

now

ledg

e of

impa

cts

oncu

ltura

l her

itag

e w

hich

will

be

used

as p

art

of t

he a

dapt

ive

man

agem

ent

proc

ess.

Obj

ectiv

e 2

To e

nsur

e th

e pr

otec

tion

of

new

lyex

pose

d A

bori

gina

l bur

ials

.

Con

sent

Con

diti

on 1

0—M

onit

orin

g C

ultu

ral H

erit

age

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Rec

ogni

se t

hat

buri

al p

rote

ctio

n is

the

hig

hest

pri

orit

y of

all c

ultu

ral h

erit

age

man

agem

ent

acti

ons.

•E

nsur

e th

at t

he e

xist

ing

buri

al p

rote

ctio

n w

orks

, inc

ludi

ngth

e bu

rial

mou

nds

and

prot

ecti

on s

truc

ture

s re

mai

n in

tact

.

•A

s pa

rt o

f th

e La

ke V

icto

ria

Mon

itor

ing

Prog

ram

, dev

elop

and

impl

emen

t a

com

pone

nt p

rogr

am t

o m

onit

or a

ndm

aint

ain

exis

ting

bur

ial p

rote

ctio

n w

orks

.•

The

BE

C w

ill b

e in

volv

ed w

ith

mon

itor

ing

buri

alpr

otec

tion

wor

ks.

•E

stab

lish

a Pr

otoc

ol f

or t

he m

aint

enan

ce o

f ex

isti

ng b

uria

lpr

otec

tion

wor

ks.

(Not

e: T

his i

s inc

lude

d in

the

Prot

ocol

Sec

tion

of th

is Pl

an)

Obj

ectiv

e 1

To e

nsur

e th

e on

goin

g pr

otec

tion

of

Abo

rigi

nal b

uria

ls.

Con

sent

Con

diti

on 1

1—M

onit

orin

g B

uria

l Pro

tect

ion

Wor

ks

Mor

e de

tail

on t

he a

ctua

l mon

itor

ing

prog

ram

is in

Tab

le 5

in S

ecti

on 3

.5 o

f th

is P

lan.

Mor

e de

tail

on t

he a

ctua

l mon

itor

ing

prog

ram

is in

Tab

le 4

in S

ecti

on 3

.5 o

f th

is P

lan.



45

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Und

erta

ke s

peci

fic m

onit

orin

g to

ass

ess

the

impa

ct o

nun

dist

urbe

d se

dim

ents

con

tain

ing

cultu

ral h

erit

age

mat

eria

l (pa

laeo

sols

).•

Und

erta

ke s

peci

fic m

onit

orin

g to

ass

ess

the

impa

ct o

nla

rge

scal

e bu

rial

pro

tect

ion

wor

ks.

•A

s pa

rt o

f th

e La

ke V

icto

ria

Mon

itor

ing

Prog

ram

, dev

elop

and

impl

emen

t a

com

pone

nt p

rogr

am t

o m

onit

or t

heim

pact

of

Lake

ope

rati

ons

on u

ndis

turb

ed s

edim

ents

and

larg

e sc

ale

prot

ecti

on w

orks

. Thi

s sh

ould

incl

ude:

– a

revi

ew o

f th

e ex

isti

ng e

rosi

on m

onit

orin

g pr

ogra

m a

ndde

term

ine

if it

mee

ts o

ngoi

ng r

equi

rem

ents

.–

esta

blis

h a

long

-ter

m m

onit

orin

g pr

ogra

m, b

ased

on

mea

suri

ng t

rans

ects

at

leas

t on

ce a

yea

r w

hen

the

wat

erre

ache

s th

e lo

w le

vel o

f th

e ag

reed

ope

rati

ng s

trat

egy.

•T

he r

esul

ts f

rom

the

Mon

itor

ing

Prog

ram

will

be

asse

ssed

by t

he R

evie

w P

anel

in a

ccor

danc

e w

ith

the

proc

ess

outli

ned

in t

he P

olic

y on

Res

earc

h an

d M

onit

orin

g an

d th

eG

ener

al M

onit

orin

g Pr

ogra

m P

rinc

iple

s.•

If t

he m

easu

red

eros

ion

exce

eds

the

limit

s se

t in

the

Con

sent

, the

MD

BC

will

rev

iew

and

rep

ort

to t

heD

irec

tor-

Gen

eral

NPW

S on

the

cau

ses

of t

he e

rosi

on a

ndif

appr

opri

ate,

any

mit

igat

ion

mea

sure

s pr

opos

ed.

Obj

ectiv

e 1

To u

nder

stan

d th

e en

viro

nmen

tal

and

phys

ical

pro

cess

es a

ffec

ting

eros

ion

and

the

Lake

shor

e.

Con

sent

Con

diti

on 1

2—U

nder

stan

ding

, ass

essi

ng a

nd m

onit

orin

g th

e en

viro

nmen

t, i

mpa

cts

and

mit

igat

ion

acti

ons

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns

Mor

e de

tail

on t

he a

ctua

l mon

itor

ing

prog

ram

is in

Tab

le 6

in S

ecti

on 3

.5 o

f th

is P

lan.



46 OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Und

erta

ke s

peci

fic m

onit

orin

g to

ass

ess

the

impa

cts

ofm

anag

eabl

e fa

ctor

s in

clud

ing

Lake

reg

ulat

ion,

sto

ck, f

eral

and

nati

ve a

nim

als

on t

he v

eget

atio

n re

spon

se.

•A

s pa

rt o

f th

e La

ke V

icto

ria

Mon

itor

ing

Prog

ram

, dev

elop

and

impl

emen

t a

com

pone

nt p

rogr

am t

o m

onit

orve

geta

tion

. Thi

s sh

ould

incl

ude:

– ex

pand

ing

the

exis

ting

veg

etat

ion

mon

itor

ing

prog

ram

to

incl

ude

sam

plin

g of

the

ent

ire

Lake

per

imet

er.

– es

tabl

ishi

ng a

long

-ter

m m

onit

orin

g pr

ogra

m, b

ased

on

aco

mbi

nati

on o

f-gr

ound

sur

veys

and

aer

ial p

hoto

grap

hy.

•T

he r

esul

ts f

rom

the

Mon

itor

ing

Prog

ram

will

be

asse

ssed

by t

he R

evie

w P

anel

in a

ccor

danc

e w

ith

the

proc

ess

outli

ned

in t

he P

olic

y on

Res

earc

h an

d M

onit

orin

g an

d th

eG

ener

al M

onit

orin

g Pr

ogra

m P

rinc

iple

s.•

If t

he r

esul

ts o

f th

e m

onit

orin

g sh

ow a

tre

nd f

or a

redu

ctio

n in

the

ext

ent

of k

ey s

peci

es in

pri

orit

y ar

eas,

the

MD

BC

will

rev

iew

and

rep

ort

to t

he D

irec

tor-

Gen

eral

NPW

S on

the

cau

ses

of v

eget

atio

n de

clin

e an

d if

appr

opri

ate,

indi

cate

any

mit

igat

ion

mea

sure

s pr

opos

ed.

Obj

ectiv

e 1

Und

erst

and

the

envi

ronm

enta

l and

phys

ical

pro

cess

es a

ffec

ting

vege

tati

on o

n th

e la

ke b

ed.

Con

sent

Con

diti

on 1

3—M

onit

orin

g Ve

geta

tion

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns

Mor

e de

tail

on t

he a

ctua

l mon

itor

ing

prog

ram

is in

Tab

le 7

in S

ecti

on 3

.5 o

f th

is P

lan.



47

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Mon

itor

the

pre

senc

e of

rab

bits

, fer

al p

igs,

cat

tle, s

heep

and

goat

s.•

Impl

emen

t cu

ltura

lly s

ensi

tive

, bes

t pr

acti

ce m

anag

emen

tin

a t

imel

y m

anne

r fo

r di

ffer

ent

anim

al s

peci

es.

•Pr

ogre

ssiv

ely

limit

dom

esti

c st

ock

acce

ss t

o th

e La

kesh

ore

by f

enci

ng a

nd/o

r pr

ovid

ing

alte

rnat

e w

ater

sup

plie

s.•

Con

trol

fer

al p

igs,

goa

ts a

nd r

abbi

ts o

n a

coop

erat

ive

basi

sw

ith

neig

hbou

rs, u

sing

hum

ane

met

hods

app

ropr

iate

for

cultu

rally

sen

siti

ve a

reas

.•

Est

ablis

h a

mon

itor

ing

and

eval

uati

on p

rogr

am b

ased

on

pres

ence

or

abse

nce,

num

ber

of s

ight

ings

, ext

ent

of d

amag

ean

d fr

eque

ncy

of c

ontr

ol p

rogr

ams.

Obj

ectiv

e 1

To m

inim

ise

the

impa

ct o

f no

n-na

tive

fau

na o

n bu

rial

s, r

elic

s an

dna

tive

ani

mal

hab

itat

.

Con

sent

Con

diti

on 1

4—M

onit

orin

g N

on-n

ativ

e Fa

una

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Und

erta

ke s

peci

fic m

onit

orin

g to

det

erm

ine

the

impa

cts

ofLa

ke o

pera

tion

on

wat

er q

ualit

y.•

As

part

of

the

Mon

itor

ing

Prog

ram

:–

mon

itor

wat

er q

ualit

y.–

esta

blis

h a

long

-ter

m m

onit

orin

g pr

ogra

m t

o m

easu

rew

ater

qua

lity

indi

cato

rs.

•T

he r

esul

ts f

rom

the

Mon

itor

ing

Prog

ram

will

be

asse

ssed

by t

he E

xper

t Pa

nel i

n ac

cord

ance

wit

h th

e pr

oces

sou

tline

d in

the

Pol

icy

on R

esea

rch

and

Mon

itor

ing

and

the

Gen

eral

Mon

itor

ing

Prog

ram

Pri

ncip

les.

Obj

ectiv

e 1

To u

nder

stan

d th

e re

lati

onsh

ipbe

twee

n w

ater

and

Lak

e op

erat

ion.

Con

sent

Con

diti

on 1

5—M

onit

orin

g W

ater

Qua

lity



48

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Dev

elop

an

oper

atin

g st

rate

gy f

or L

ake

Vic

tori

a fo

r th

e lif

eof

the

Con

sent

.•

Rev

iew

the

ope

rati

ng s

trat

egy

as r

equi

red

due

to u

nusu

alor

unf

ores

een

wea

ther

con

diti

ons

or in

the

eve

nt t

hat

othe

rw

ater

sto

rage

fac

iliti

es a

re n

ot a

vaila

ble.

•D

evel

op a

n op

erat

ing

stra

tegy

tha

t ba

lanc

es t

here

quir

emen

ts o

f ve

geta

tion

and

cul

tura

l her

itag

e pr

otec

tion

at L

ake

Vic

tori

a, p

rovi

sion

of

wat

er r

esou

rce

for

cons

umpt

ive

use

and

envi

ronm

enta

l req

uire

men

tsel

sew

here

in t

he R

iver

Mur

ray

syst

em.

•In

dev

elop

ing

the

stra

tegy

, con

sult

wit

h al

l sta

keho

lder

sw

hich

incl

ude

NPW

S, M

DB

C, r

epre

sent

ativ

es o

f th

eSt

ates

aff

ecte

d by

any

cha

nge

to w

ater

res

ourc

e av

aila

bilit

yw

hich

may

ari

se f

rom

the

alte

red

stra

tegy

and

any

oth

erpr

ogra

m w

hich

may

be

inte

r-re

late

d, s

uch

as t

heE

nvir

onm

enta

l Flo

ws

Proj

ect

for

the

Riv

er M

urra

y. T

hest

rate

gy w

ill b

e pr

esen

ted

to t

he D

irec

tor-

Gen

eral

NPW

Sfo

r ap

prov

al.

•Pr

ovid

e an

upd

ate

of t

he o

pera

ting

str

ateg

y to

the

LV

AC

wit

h th

e A

nnua

l Rep

ort.

•W

here

cir

cum

stan

ces

nece

ssit

ate

oper

atio

n of

the

Lak

eou

tsid

e th

e st

rate

gy g

uide

lines

, con

sult

wit

h N

PWS,

LV

AC

and

othe

r st

akeh

olde

rs a

bout

the

pro

pose

d va

riat

ion.

Suc

hci

rcum

stan

ces

wou

ld in

clud

e:

– ch

ange

d en

viro

nmen

tal c

ondi

tion

s, s

uch

as a

larg

e flo

odor

ext

ende

d dr

ough

t, or

–

in a

n em

erge

ncy

such

as

the

unav

aila

bilit

y or

mal

func

tion

of

key

stru

ctur

al a

sset

s.

Obj

ectiv

e 1

To e

nsur

e th

e op

erat

ion

of t

he L

ake

is c

onsi

sten

t w

ith

the

obje

ctiv

es o

fth

e m

anag

emen

t pl

an.

Con

sent

Con

diti

on 1

6—M

onit

orin

g W

ater

Qua

lity



49

Tabl

e 3:

Con

sent

Con

diti

ons,

Obj

ecti

ves,

Str

ateg

ies

and

Act

ion

Pla

ns

OB

JEC

TIV

E—

why

do

itST

RAT

EG

IES—

wha

t to

doA

CT

ION

S—ho

w to

do

it•

Und

erta

ke s

peci

fic m

onit

orin

g of

gro

undw

ater

and

sal

init

yle

vels

aro

und

the

Lake

in o

rder

to

asse

ss a

ny im

pact

s on

the

envi

ronm

ent

likel

y to

be

cont

ribu

ted

to b

y th

eop

erat

ion

of t

he L

ake.

•U

nder

take

a n

atur

al a

nd c

ultu

ral h

erit

age

inve

ntor

y of

the

area

s ou

tsid

e of

the

Lak

e.•

Und

erta

ke m

onit

orin

g of

the

cul

tura

l and

nat

ural

her

itag

ein

the

are

as o

utsi

de t

he L

ake

to a

sses

s im

pact

s w

hich

may

be c

ontr

ibut

ed t

o by

the

ope

rati

on o

f th

e La

ke.

•C

ontr

ibut

e ac

tive

ly t

o th

e La

ke V

icto

ria

Ran

gela

nds

Man

agem

ent

Act

ion.

•A

s pa

rt o

f th

e M

onit

orin

g Pr

ogra

m a

nd in

con

junc

tion

wit

h re

leva

nt g

over

nmen

t de

part

men

ts, t

he L

ake

Vic

tori

aR

ange

land

s M

anag

emen

t A

ctio

n Pl

an C

omm

itte

e an

dot

her

stak

ehol

ders

, det

erm

ine

the

prio

rity

are

as f

orm

onit

orin

g gr

ound

wat

er le

vels

, sal

init

y le

vels

, cul

tura

l and

natu

ral h

erit

age.

•T

he r

esul

ts f

rom

the

Mon

itor

ing

Prog

ram

will

be

asse

ssed

by t

he R

evie

w P

anel

in a

ccor

danc

e w

ith

the

proc

ess

outli

ned

in t

he P

olic

y on

Res

earc

h an

d M

onit

orin

g an

d th

eG

ener

al M

onit

orin

g Pr

ogra

m P

rinc

iple

s.•

If t

he m

onit

orin

g sh

ows

a po

tent

ial i

mpa

ct o

n cu

ltura

l or

natu

ral h

erit

age

by s

alin

isat

ion

whi

ch is

like

ly t

o be

cont

ribu

ted

to b

y th

e op

erat

ion

of t

he L

ake,

the

MD

BC

will

rev

iew

the

cau

ses

and

repo

rt t

o th

e D

irec

tor-

Gen

eral

.

Obj

ectiv

e 1

To u

nder

stan

d an

d m

inim

ise

the

impa

cts

of t

he o

pera

tion

of

the

Lake

on t

he a

reas

out

side

the

Lak

e,sp

ecifi

cally

on

the

east

ern

side

of

the

Lake

.

Con

sent

Con

diti

on 1

8—Im

pact

s on

Are

as O

utsi

de t

he L

ake


3.3 Lake Victoria AdvisoryCommittee andCommunity Relations

Lake Victoria Advisory Committee

The Lake Victoria Advisory Committee (LVAC)

has been formalised as an advisory committee to

the MDBC under the Murray–Darling BasinAgreement. Its role is to provide advice to the

MDBC on the preparation and then

implementation of the Plan, and on all issues

related to the conservation management of the

cultural landscape of Lake Victoria in accord

with the Consent Conditions. The LVAC is

resourced by the MDBC.

The LVAC provides the mechanism whereby

Aboriginal people with traditional and historic

ties to Lake Victoria, as well as other

stakeholders, can have input into the

management of the heritage values of the

cultural landscape. Figure 11 shows the

composition of the LVAC. Except where

specifically noted, each of the groups mentioned

has one position on the Committee. Additional

observers are invited and welcome to attend

meetings.

Barkindji Elders Committee

The Barkindji Elders Committee (BEC) is a

group in its own right, whose members are

people with traditional ties to Lake Victoria. The

BEC forms the basis of the Barkindji

representation on the LVAC and provides a link

to the broader Barkindji community to

communicate information about what is

happening at Lake Victoria, as well as providing

informed advice to the LVAC based on the

consultation with the wider community. The

MDBC resources BEC meetings when they are

considering issues relating to Lake Victoria.


50

LAKE VICTORIA ADVISORY COMMITTEE MEMBERSHIPIndependent Chairperson and Deputy Chairperson

One of these positions is to be held by a person with professional cultural heritage management experience.

Aboriginal Groups

• 14 members of the Barkindji community including:

– 11 Barkindji people with traditional and/or historic ties to the Lake Victoria area; and

– 3 Descendants of Lake Victoria Aboriginal people now living in SA.

• 1 representative from the Dareton Local Aboriginal Land Council.

• 1 representative from the NSW Aboriginal Land Council.

Landholder and User Groups

• 2 representatives of Lake Victoria landholders.

• 1 representative from the Lower Murray–Darling Catchment Management Board.

• 1 representative of Water users.

Government agencies: 1 representative each with the exception of MDBC

• MDBC—2 representatives including the Program Manager Lake Victoria and a representative from River Murray Water (RMW).

• SA Water.

• NSW NPWS.

• NSW DLWC.

Figure 11: Lake Victoria Advisory Committee Membership


Broader Community

Other stakeholders include the local Aboriginaland non-Aboriginal community not representedon the LVAC, representatives from surroundingpastoral properties, the local Aboriginal LandCouncil, government departments withresponsibilities at the Lake, people who rely onwater resources from the River Murray systemand people who use the Lake for recreationalpurposes.

3.4 Strategies for CulturalHeritage Conservation

Background

The environment around Lake Victoria has beensubstantially changed since Europeanoccupation, and more particularly since

regulation of the River Murray system. The s90Consent has a strong emphasis on conservationand protection of the natural environment ofLake Victoria and its surrounds. Re-establishingvegetation on the foreshore has been chosen byNPWS as the central strategy in the Consent forprotecting the cultural heritage in situ aroundthe Lakeshore. This involves developing adifferent Lake operating regime, which willprovide more suitable conditions for the re-establishment of vegetation.

As mentioned in Part 2, the historical operationof the Lake has had an adverse impact on thehealth of vegetation below the 27 m level. Thishas changed to some extent with theintroduction of the Menindee harmony targets,which have included an annual drawdown sincethe mid-1980s. Significant regeneration of manyplants and trees has occurred in specific areas ofthe Lakeshore over the last few years. This hasoccurred without recourse to deliberate re-vegetation exercises and is thought to be aresponse to two significant factors—the changedLake operations since 1994, and the reduction ofimpacts from stock, either by excluding stockcompletely from some areas, provision ofalternative stockwatering supplies and bychanges to stock management practices bylandholders.

Figure 12 shows the relationship between theCultural Landscape Plan of Management andthe Lake Victoria Operating Strategy, and howthe conservation requirements for both culturaland natural heritage feed into the developmentof the operating strategy.

Vegetation

Plants appear to have distinct establishment andmaintenance phases, with different requirementsand tolerances depending on which phase theyare in. The altered operations over the last fewyears in many ways equate to an establishmentphase. The ongoing operating strategy will try asmuch as possible to provide conditions whichallow these plants to survive and expand. It isintended to monitor this natural regeneration tosee how it develops with the ongoing operating

strategy. The vegetation monitoring program isoutlined in Table 7 of this Plan.

Investigation will continue to determine the keyspecies that are likely to survive in theenvironment surrounding Lake Victoria, and theconditions most conducive to their survival. Keyspecies for both objectives under Condition 8 arebeing sought, that is:

• for stabilisation of the soil to minimiseerosion—these are likely to be grasses oraquatic species.

• for amenity value—these are likely to be trees,especially red gum, and lignum.

Other strategies to enhance the vegetationresponse include removing the impacts, bothgrazing and trampling of stock and otheranimals from the Lakeshore. This involvesproviding alternative stock water supply forproperties surrounding Lake Victoria, and alsoan ongoing program for eradication of non-native fauna.

Further investigation may be considered in areaswhere regeneration has not occurred todetermine the suitability of the soil andenvironmental conditions in the specific area,and whether additional intervention is required.


51


The Lake Victoria OperatingStrategy

The Lake Victoria Operating Strategy (LVOS) isa companion document to the CulturalLandscape Plan of Management. The LVOSdescribes how the water storage functions ofLake Victoria will be managed in meeting therequirements of the Consent.

In summary, the LVOS aims to enhanceopportunities for drying the lake bed, and limitthe time that the water levels in the Lake arehigh, whilst meeting existing water supply andenvironmental flow obligations. The OperatingStrategy is based on the assumption that nativevegetation will stabilise the Lake foreshore, andaims to simulate a natural hydrological regime,at a higher elevation than occurred under natural

conditions.

The LVOS contains a set of General OperatingRules that will apply most of the time. Indeveloping these rules, consideration was givento the impact on security of existing waterentitlements in New South Wales, Victoria andSouth Australia. Consideration was also given towater quality (particularly salinity) impacts inthe River Murray system. In addition, theOperating Strategy describes circumstances suchas emergency operations, or operations forenvironmental benefit in the Lower MurrayRiver downstream of Lake Victoria, whereoperations may need to be altered from theGeneral Operating Rules. The OperatingStrategy defines the role of the Review Panel(refer to Section 3.5) in relation to Lake Victoriaoperations.

3.5 Research and MonitoringChanges will occur in the natural environmentat Lake Victoria. The changes may be due tolong-term effects, such as the way the Lake isoperated, as a response to deliberate actions suchthe construction of large scale protection worksor changes in stock management on thesurrounding properties, or as a result of specificevents such as a storm. In addition, this Plan ofManagement includes a range of strategies and

action plans which are intended to improve thenatural environment and protect the culturalheritage and it is necessary to determine thesuccess or otherwise of these measures.Consequently, an extensive monitoring programis to be undertaken to measure the nature andextent of the changes to the environment at LakeVictoria.

Research

Section 3.4 identified that there are twoobjectives in relation to research which can bederived from Consent Condition 9:

• Objective 1—For research which is required bythe s90 Consent, to understand therelationship between environmental processes,Lake operations and impacts on cultural andnatural heritage in order to improve

management decisions and actions.

• Objective 2—For research which is notrequired by the s90 Consent, but may beproposed separately, to increase theunderstanding of the nature or significance ofthe cultural and/or natural heritage values atthe Lake.

The first objective recognises that the MDBC isrequired to undertake research which is relatedto minimising impacts of Lake operations oncultural and natural heritage. Further detailabout how this will be undertaken is explainedbelow.

The second objective also recognises that otherparties such as academic institutions, interestgroups and private individuals may be interestedin the cultural, scientific and historic values ofLake Victoria. This provides a process forbroader research proposals to be considered.More importantly, it provides an avenue toensure that the LVAC has an active role in theconsideration of any research proposal and thatthe proponents of any research proposal areaware of, and must conform with, theprocedures and protocols developed to protectthe cultural heritage.


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53

Figure 12: Relationship between Cultural Landscape Plan of Management and Lake VictoriaOperating Strategy

MDBC Responsibility

RMW ResponsibilityCultural LandscapePlan of Management

Commun ity InvolvementAccess Cultural HeritageCommunication Natural HeritageEducation FaunaMonitoring Aquatic FloraResearch Water Quality

Lake Victoria OperatingStrategy

Water ConservationSupply Entit lementsSalinity ManagementEnvironmental Flows

ConservationRequirements

Approved by Murray-DarlingBasin Commission

Approved by Murray-DarlingBasin Commission

Advice:Lake Victoria

AdvisoryCommittee

Relationships between the Lake Victoria Cultural Landscape Plan ofManagement and the Lake Victoria Operating Strategy

Approved by Director-GeneralNPWS

Implemented by River MurrayWater and SA Water

Reviewed by LakeVictoria Advisory

Committee

Reviewed by ReviewPanel

Strategies andActions


Review Panel

A Review Panel will be established and resourcedby the MDBC and include people with expertisein cultural heritage significance, natural heritageassessment, ecology, geomorphology, watersupply operations, groundwater salinity and anyother subject area deemed necessary once thePlan of Management is operational.

The Review Panel is responsible to:

• review proposals for research at Lake Victoria;

• review and approve the monitoring programrequired for the Consent;

• review results of the monitoring program, andmake recommendations for the subsequentyear’s research plan, and if applicable, anychanges to management practices or Lakeoperations deemed necessary from the

monitoring results; and

• participate in any consideration of proposedchanges to management practices and Lakeoperations, whether the recommendations aremade from the review of monitoring resultsor from any other source.

The Review Panel will meet on an as requiredbasis.

Research Required by the s90 Consent

MDBC and SA Water are responsible to conductresearch activities which are required by the s90Consent. The focus of such research is toimprove the level of understanding about theimpacts of operating Lake Victoria on thecultural and natural heritage at the Lake, andthen feed this back into management decisionsin order to minimise those impacts. The mainvehicle for this research is the monitoringprogram which is aimed at gathering data aboutthe changes occurring at the Lake over theperiod of the Consent, and then trying todetermine the causes of the changes. MDBC andSA Water have engaged suitably qualifiedspecialists to design the various componentprograms required under the Consent.

A Research Plan will be prepared by Octobereach year, in accordance with the requirementslisted below for Research Plans. The ResearchPlan should be formulated so as to incorporateany recommendations from the Review Panelwhich arose as a result of monitoring from theprevious year.

Research Not Required by the Consent

Other research proposals which are beyond therequirements of the Consent may be submittedto the MDBC and SA Water for consideration.In such cases, the MDBC and SA Water willcoordinate the progress of research proposalswhich must follow the following steps:

• the proponent must submit the proposal witha Research Plan in accordance with therequirements for Research Plans listed below.

• the proposal and Research Plan are to bereferred to all relevant agencies or authoritiesfor review, advice on whether permits arerequired, any comments on the proposal anda recommendation regarding each agenciessupport for the proposal.

• the proposal and Research Plan are to bereferred to the BEC and LVAC, along withthe comments from the agencies, for reviewand recommendation. Any research proposalswhich may affect cultural heritage must bespecifically approved by the BEC.

• the proposal and Research Plan will beconsidered, for approval, by the Review Panel,in consultation with NPWS and taking intoaccount the recommendations from the LVACand the relevant agencies and authorities.

The proponent is responsible to identify andobtain all relevant legal permits, and will berequired to provide evidence of approvedpermits. If the research proposal is approved, theproponent must comply with all protocols andprocedures applicable for access and work atLake Victoria, and with any directions from SAWater staff as the research proceeds. Approvalmay be withdrawn if the proponent does notcomply with the requirements of this Plan ofManagement.


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Research Plan

A Research Plan is required for all researchproposed at Lake Victoria. The Research Planshould include but is not limited to thefollowing:

• the need for the research;

• the objectives of the research;

• the relationship of the research to theobjectives of the Plan of Management;

• the proposed methodology;

• identification of any permits required andproof that permits have been issued;

• the proposed consultation process with allstakeholders, especially the local Aboriginalcommunity and landholders;

• the proposed method for reporting results of

the research and if appropriate, how this isintended to be incorporated into managementoutcomes;

• a proposed timeframe for the researchproposal; and

• where there is more than one component tothe activity, an outline of any coordinationrequired between the components.

Management of Data and IntellectualProperty

The Plan of Management respects theintellectual property rights of the Barkindjipeople with respect to Aboriginal culturalheritage at Lake Victoria. This includes any dataor material which becomes known duringresearch. The Consent and the Plan ofManagement recognises that reports orpublications associated with Lake Victoria maybe sensitive. Culturally sensitive information isto be managed in consideration of the wishes ofits owners (the Barkindji people). Any reports orpublications containing cultural information willbe referred to the Barkindji Elders Committeeprior to its release and their advice soughtregarding distribution of the information.

This applies equally to research not related to theConsent, and research proponents will be

required to agree to this principle as a conditionto their proposal being approved.

Monitoring

Objective of Monitoring

The objective of monitoring is to determine theimpact of Lake management on cultural heritage,in order to modify Lake management if the impactexceeds some predetermined thresholds.

Design of Monitoring Program

All of the monitoring requirements listed in thes90 Consent are included in a monitoringprogram. The MDBC and SA Water haveengaged suitably qualified specialists to designthe various components of the monitoringprogram. The separate component programs arebeing coordinated under the annual Research

Plan to maximise efficient and effective use ofresources and to ensure that the requirements ofthe Consent are met. Where possible,monitoring sites will be integrated so they can beused for several different purposes.

Conduct of Monitoring

Maximum care is to be taken to restrict anyimpact caused by the conduct of monitoring. ACode of Conduct regarding access and behaviourhas been developed for any people using theLake or working at the Lake and is included inthe Protocol Section of this Plan. Whereadditional workers are employed to assist withthe monitoring, they must be briefed on theobjectives and procedures of the monitoringsurveys and relevant training is to be provided.

Community Involvement

Communication with the community isessential. The objectives of the monitoringprogram will be communicated to the LVAC andwill be available to the wider community. Inaddition, information about monitoringactivities, including the objectives, conduct andtiming, results and any subsequent decisions ofthe monitoring activities will be communicatedto the community progressively, and in anannual report.


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Where possible, the community, both Aboriginaland non-Aboriginal, will be involved in themonitoring program. Any labour requirementswill be filled in accordance with theEmployment Protocol in the Protocol Section ofthis Plan of Management. In particular,members of the local Aboriginal community willbe employed to assist where there is arequirement for additional workers for taskswhich are related to protection of culturalheritage. A detailed explanation is to be providedif this is not possible.

Reporting Requirements

MDBC and SA Water are required to prepare adetailed report of all monitoring activities foreach Consent Condition on an annual basis andprovided this to NPWS. In addition, a summaryreport of this detailed report will be prepared forinclusion in the Annual Report required underConsent Condition 5 and presented to thecommunity. The BEC will be consulted inrelation to any culturally sensitive material to beincluded in the report.

The detailed report will cover the followingaspects:

• a description of all of the monitoringconducted for the Consent Condition;

• the results of the monitoring;

• details of any environmental or climatic

factors which occurred during the period andwhich may have affected the monitoringresults;

• an interpretation of the results andidentification of possible causes; and

• any appropriate recommendations.

Annual Review of Monitoring Results

The Review Panel will conduct an annual reviewof the monitoring results. Additional opinionmay also be engaged to assist with the review,and to determine the causes of any changesobserved.

Recommendations for Changes toManagement Practices

The Review Panel may make recommendationsrelating to operating the Lake. Trend data,gathered over a reasonable period of time, arerequired in order to develop sufficientinformation to make decisions about Lakemanagement. Any changes in managementdecisions or guidelines resulting frommonitoring activities will only be implementedafter a thorough review by the Review Panel andagreed by the LVAC, NPWS, SA Water andMDBC.

Description of the Monitoring Programs for Consent Condition 10 to 15

The detail of the proposed monitoring programs

to be undertaken in response to the Consent ispresented in Tables 4–9.


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57

Table 4: Condition 10—Monitoring Cultural Heritage

METHOD DETAIL

Annual survey of the entire exposed Lakeshore to be: • conducted when water level is lowest.• coordinated with other monitoring activities to be conducted

when the Lake level is low.

Regular routine surveys of exposed Lakeshore during theremaining parts of year: • concentrating on known priority areas.• combining a formal rolling program of inspections by sector of

the Lakeshore with opportunistic observations by staff when inlocation.

Following specific events such as strong winds, storms:• conduct an inspection of known priority areas which are

exposed at the time of the event.

Annual Survey

Regular Routine Surveys

Event Specific Surveys

Condition 10: Monitoring Cultural HeritageObjective of Consent: To achieve an annual decrease in the number, size and frequency of exposure

of newly discovered cultural heritage material.

Current Information• A significant amount of work has already been done on locating and recording cultural heritage

material. SA Water holds a database of the existing information.

Responsibility• Inspections are to be coordinated and conducted by SA Water’s Cultural Heritage Manager. • If additional workers are required, they will be employed in accordance with the Employment

Protocol in the Protocol Section of this Plan.• Elders from the BEC will be involved in decision-making relating to protecting cultural heritage.

Action required for all Inspections• Comply with Access Protocol and Code of Conduct.• A written report of all inspections is required.• Any discoveries of cultural material to be recorded in the database.• Known environmental conditions which may have contributed to the discovery should also be

recorded. This includes recent weather conditions (storms, high winds etc.), the Lake level at thetime of discovery, recent Lake operation (Lake level rising, falling or steady), and any vegetationsurrounding the site.

• Legal requirements for reporting are to be followed.• The Barkindji community to be advised of results of inspection, in particular of any discoveries of

new material.

Action on discovery of newly exposed burials • Note that the Consent specifically does not apply to burials. • Any newly exposed burials located must be protected in accordance with the Protocol for the

Protection of Newly Exposed Burials in the Protocol Section of this Plan.

Action on discovery of newly exposed cultural heritage material• Take action in accordance with the Protocol for Reporting Discovery of Cultural Material.



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METHOD DETAIL

Annual inspection of all recorded burial protection works to be:• conducted when the water level is lowest.• coordinated with other monitoring activities to be conducted

when the Lake level is low.

Regular routine surveys of burial protection works on theexposed Lakeshore during the remaining part of the year. • Combining a formal rolling program of inspections by sector

of the Lakeshore with opportunistic observations by staff whenin location.

• Can be conducted in conjunction with monitoring conductedunder Condition 10.

Following specific events such as strong winds, storms:• conduct an inspection of any burial protection works which

are exposed at the time of the event.

Annual Inspection

Regular Routine Surveys

Event Specific Inspections

Consent Condition 11: Monitoring Burial Protection WorksObjective of Consent: To ensure the continued effectiveness of protection works, in particular that

there is no re-exposure of the burials which have already been protected.

Table 5: Consent Condition 11—Monitoring Burial Protection Works

Current Information• This Condition includes burial mounds and constructed protection works such as the sand

sausage.• All known burials are recorded on the SA Water database.

Responsibility• Inspections are to be coordinated and conducted by SA Water's Cultural Heritage Manager. • If additional workers are required, they will be employed in accordance with the Employment

Protocol in the Protocol Section of this Plan.• Elders from the BEC will be involved in decisions relating to protecting cultural heritage.

Action Required for all Inspections • Comply with Access Protocol and Code of Conduct.• A written report of all inspections required.• Protection works are to be photographed on all annual and Event Specific inspections, and on

routine inspections if the protection work is deteriorated.• Any discoveries of deteriorated protection works to be recorded, along with report of actions

taken.• Note known environmental conditions which may have contributed to the deterioration of

protection works, including recent weather conditions (storms, high winds etc.), the Lake level atthe time of discovery, recent Lake operation (Lake level rising, falling or steady), and anyvegetation surrounding the site.

• Legal requirements for reporting to be followed.

Actions on discovery of deteriorated burial protection works• Repair any deteriorated protection works in accordance with the Protocol for the Maintenance of

Existing Burial Protection Works in the Protocol Section of this Plan.• Particular attention is to be given to explaining the method of construction of protection works,

and the difference between superficial disturbance of the protection mounds, and damage to theeffectiveness of the protection works.



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Table 6: Condition 12—Understanding, Assessing and Monitoring Environment, Impacts andMitigation Actions

METHOD DETAIL

To be conducted:• when the Lake is at the low level of the agreed operating

strategy; and • immediately before the Lake begins to be refilled.Using a combination of:• cross-shore profiles with permanent landward benchmarks at

identified priority areas.• photographs of profiles for qualitative visual comparisons.Profiles established in the interim monitoring program willcontinue to be used, and additional profiles may be added ifrequired.

To be conducted: • immediately after high energy events such as storms, high

winds.• following unusual or unanticipated change to the agreed

operating strategy.• using the same combination of cross-shore profiles and

photography.

Annual Survey

Event Specific Surveys

Condition 12: Understanding, Assessing and Monitoring Environment,Impacts and Mitigation Actions

Objective of Consent: To measure the extent of movement of Lakeshore sediments, concentratingon known priority areas for cultural heritage and in particular, areas with exposed palaeosols. The

Consent prescribes that there should be no more than two centimetres per annum of verticalerosion of palaeosols which contain cultural heritage material.

Current Information

• This program will build on the interim monitoring strategy of impacts on cultural heritage,which is already in place.

Responsibility• The program has been designed by a professional geomorphologist.• SA Water is responsible to conduct the surveys in accordance with the program and to maintain

the database.• A geomorphologist will be engaged to interpret results, write the report and make

recommendations.• All workers to comply with Access Protocol and Code of Conduct.



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Table 7: Condition 13—Monitoring Vegetation

METHOD DETAIL

This will include two parts:• follow up action from the baseline study of the southern

Lakeshore conducted in 1998. • a representative sample of the remainder of Lakeshore.These studies will include:• for all new and all 1998 sites, an assessment of soil condition

and type, degree of erosion and impact of grazing.• a stratified vegetation survey of an additional 50–70 sites

around Lake Victoria (other than the southern lake bed) to beconducted in spring 2001.

• sites to be selected at the time of survey and in conjunctionwith other information relating to priority areas for culturalheritage, targeting of identified key species for soil stabilisationand amenity purposes.

A number of permanent gradsect monitoring lines wereestablished on the southern Lakeshore in 1998. New gradsectswill be established on the remainder of the Lakeshore.Monitoring will include:• re-survey and assessment of all existing gradsects.• install, survey and assess new gradsects on remainder of the

Lakeshore.• assessment to include estimates of biomass and scoring of

plant health.• permanent photopoints to be established for all gradsects.• within gradsects, establish permanent belt transects which

contain priority revegetation species and monitor forrecruitment, mortality and growth.

• new gradsects to be selected at time of survey and inconjunction with other information relating to priority areasfor cultural heritage, targeting of identified key species for soilstabilisation and amenity purposes.

• conducted on at least annual basis.Additional permanent monitoring plots may also be establishedto monitor tree health, mortality, recruitment and growth rates, ifthese cannot be accommodated within the gradsects.

Stock exclosures are to be constructed as part of the stockwatersystems on properties adjoining the Lake. Monitoring of stockexclosures once established will include:• estimates of biomass and scoring of plant health.• photomonitoring.• to be conducted at least annually.

Active re-vegetation strategies may not be required. This willdepend on the results from monitoring, and the assessed oranticipated success of other strategies such as the altered Lakeoperating strategy, removal of stock impacts from the Lakeshoreand natural regeneration. If it is decided to undertake re-vegetation trials, the earliest timethat plots will be established is 2002 due to availability of locallygrown stock. Any re-vegetation plots will be monitored inaccordance with the same methodology as other vegetationmonitoring.

Baseline Study

Annual Monitoring ofVegetation Transects

Annual Monitoring ofStock Exclosures

If established, annualmonitoring of re-vegetationplots

Condition 13: Monitoring VegetationObjective of Consent: Over the period of the Consent, to achieve an increase areal coverage of perennial

native vegetation on the Lakeshore, and a reduction in the impacts by domestic stock and feral animals.



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Table 7: Condition 13—Monitoring Vegetation—continued

Current Information• This program will build on the 1998 study and initial monitoring conducted on the southern

Lakeshore.

Responsibility• The program has been designed by a vegetation consultant, with input to design from NPWS.• Ongoing monitoring will be conducted by a vegetation consultant.• All workers to comply with Access Protocol and Code of Conduct.• If additional workers are required they will be employed in accordance with the Employment

Protocol in the Protocol Section of this Plan.

METHOD DETAIL

Establish a monitoring and evaluation program based on presenceor absence, number of sightings, extent of damage and frequencyof control programs.

Link with vegetation monitoring of stock exclosures to determineimpacts of non-native fauna in areas where access for stock hasbeen restricted.

Periodic or seasonalmonitoring for the presenceof non-native fauna

Annual monitoring stockexclosures where stockwatering systems areconstructed

Condition 14: Monitoring and Managing Non-Native FaunaObjective of Consent: To minimise the impact of non-native fauna on burials, relics and

native animal habitat.

Table 8: Consent Condition 14—Monitoring and Managing Non-Native Fauna

Current Information• SA Water currently undertakes feral animal control programs.• Stock watering systems and/or fencing has already been constructed along the eastern and

southern sides of the Lake.

Responsibility• SA Water will continue progress with stock watering systems for remainder of the properties

adjoining the Lake.• SA Water will continue and expand feral animal control.• All workers to comply with Access Protocol and Code of Conduct.

METHOD DETAIL

To be conducted as part of SA Water's routine water qualitysampling program.

Water Quality Sampling

Condition 15: Monitoring Water QualityObjective of Consent: To increase knowledge of water quality.

Current Information• SA Water currently undertakes water quality sampling at a number of points around Lake Victoria. Responsibility• SA Water will continue water quality monitoring and will provide analysis of results.• All workers to comply with Access Protocol and Code of Conduct.

Table 9: Condition 15—Monitoring Water Quality



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3.6 Actions Outside theArea of the Lake

The Cultural Landscape Plan of Managementcovers a relatively small area of land as definedin Part 1 and shown in Figure 3. Bordering onthe perimeter of the Lake are four pastoralproperties, one combined freehold and leasehold(Lake Victoria) and three leasehold (Nulla,Noola and Dunedin Park–Talgarry). Thesouthern boundary of the area, which includes asection of Frenchmans Creek, is bordered by acombination of freehold, leasehold and NSWState Forest.

The boundary of the Cultural Landscape Plan ofManagement has been set as the area under thecontrol of South Australia. Significant culturalheritage occurs outside the Cultural Landscape

Plan of Management boundary as well as within.Activities outside the boundary directly impacton the Lakeshore, while the operation of theLake impacts on the neighbouring land and forthis reason, it is essential that the CulturalLandscape Plan of Management is integratedwith any related land and water managementplans.

Some of the Consent Conditions require theMDBC to undertake activities outside of theConsent area as defined in Schedule B. Thestrategies to respond to these requirements aredescribed below.

Groundwater Monitoring andSalinity

MDBC has allocated funds to DLWC to installadditional piezometers in the areas surroundingLake Victoria, to conduct groundwatermonitoring and update salinity mapping ofthese areas. The program to install the additionalpiezometers commenced in 2000 andmonitoring results are likely to be available frommid-2001. When monitoring results becomeavailable, the MDBC and DLWC will host aworkshop to discuss hydrogeological researchand the monitoring results.

Natural and Cultural HeritageInventories of Surrounding Areas

The Lake Victoria Rangelands Management Plan (LVRMAP) includes the propertiesimmediately surrounding Lake Victoria asshown in Figure 13, and is fundedpredominantly by National Heritage Funds.This Plan includes two separate studies, aRangelands Study and a Cultural HeritageStudy, in which surveys of the natural andcultural heritage of the surrounding propertiesare planned. Rather than duplicate this effort,the Consent requires the MDBC to contributeto the LVRMAP and to share information.

To conform with this direction, the MDBC hasallocated funds to assist with aspects of thestudies from which it will gain information in

support of the Consent for Lake Victoria. Bothstudies are in progress, and future actions suchas monitoring will be determined from theresults of these two studies.

3.7 Management andImplementation

Management Responsibilities

NPWS

The NSW NPWS is responsible foradministering the National Parks and WildlifeAct (1974) which covers the protection ofAboriginal cultural heritage. NPWS is theregulatory authority for the Consent and mustapprove the Plan of Management, but is notresponsible for its development orimplementation.

MDBC

The s87 Permit and s90 Consent have beengranted to the MDBC and the Plan ofManagement is a legal requirement of the s90Consent. The MDBC is therefore the legalentity responsible for implementing theconditions of the Consent, because the Consentdeals with the impact of the regulation of theLake and the MDBC makes the decisions onhow this is done. As a result, the MDBC is also


legally responsible for the development andimplementation of the Plan, including regularreview of strategies, annual reporting and finalreview.

SA Water

The SA Water Corporation owns most of theLakeshore area covered by the Plan ofManagement and actively manages the Lakeregulation by implementing the MDBC’sinstructions relating to water flows. The MDBCmay delegate aspects of the implementation ofthe Plan of Management to SA Water, but willretain overall responsibility.


63

Figure 13: Geographic scope of the Lake Victoria Rangelands Management Plan


Decision-making process

The MDBC will develop appropriate decision-making processes for the actions within thisPlan. This will include clear identification ofsituations where:

• the MDBC makes the decision, taking intoaccount all advice.

• the LVAC makes the decision, taking intoaccount all advice.

• Aboriginal elders, through the BEC, make thedecision, taking account all advice.

Life of the Plan of Management

The s90 Consent was granted on 28 August1998, for a period of eight years. The end date is28 August 2006.

The Cultural Landscape Plan of Managementwill run from the date it is approved by theDirector-General NPWS to 30 June 2006. TheMDBC must review the effects of themanagement of the Lakeshore through the Planof Management prior to this date, and submit anapplication for an extension of the Consent fromthe 1 July 2006.

Independent Review after Five Years

In addition to the annual reports, the MDBCwill arrange for a major independent review ofthe Plan of Management to be carried outbetween 1 July 2005 and 31 December 2005.This will review the effectiveness of the Plan,and may be the basis of the application for anextension of the s90 Consent.

Annual Review of Plan

The MDBC will prepare an Annual Report onthe implementation of the Cultural LandscapePlan of Management by the end of Septembereach year for advice to the Lake VictoriaAdvisory Committee and approval by theDirector-General of the NPWS. This is inaccordance with Consent Condition 5. TheMDBC will review and update each strategyannually, and include a report on progress in theAnnual Report. The MDBC may develop newstrategies as required during the life of the Plan.


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PROTOCOLS1. Access Protocol

2. Protocol for the Employment of AboriginalWorkers at Lake Victoria

3. Protocol for the Protection of NewlyDiscovered Burials

4. Protocol for the Maintenance of ExistingBurial Protection Works

5. Code of Conduct for Workers and Visitors toLake Victoria


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VISITOR CATEGORY REQUIREMENTS

This protocol expects visiting individuals and groups to actrespectfully towards the Aboriginal heritage of the Lake and therights, equipment and facilities of the landholders. While thelandholders and the traditional owners will cooperate within thespirit of this protocol wherever possible, they retain the right to refuseadmission to individuals who do not meet these expectations.All visitors are required to remain on tracks if vehicles are being usedand to abide by any other guidelines from SA Water or landownerswhen visiting the Lake.Visitors are requested to report on anything of significance pertainingto Aboriginal cultural heritage to SA Water during their visit or aftertheir return.

• Contact the Lake Victoria Depot prior to the visit if possible(either direct to the SA Water Cultural Heritage Manager orvia the Land Council which can fax details to the Depot).

• On the day of the trip, either (i) pick up key from LandCouncil Office (on Friday for a weekend) and return key tothe Land Council after the trip or (ii) use own key to open thecabinet at the Depot, sign the register and get the gate key,returning gate key to the cabinet after the trip and sign out onthe register.

• Inform and seek the approval of at least three (3) elders on theLake Victoria Advisory Committee, prior to any planned visitto Lake Victoria.

• Inform and seek approval of SA Water.• Inform and seek approval of relevant landholders.• Two days notification will be required for small groups or

families (five or less) and two weeks for large groups or schoolgroups.

• All groups need to be accompanied by an Aboriginal SA Wateremployee.

• All arrangements are required to be finalised with SA Waterprior to visit.

• All Aboriginal visitors are required to remain on tracks ifvehicles are being used and to abide by any other guidelinesfrom SA Water or landowners when visiting the Lake.

• Visitors are requested to report on anything of significancepertaining to Aboriginal cultural heritage to the elders, onreturn from their visit.

Everyone Visiting the Lake

Elders on Lake VictoriaAdvisory Committee

Aboriginal people withtraditional and historic ties

LAKE VICTORIA ACCESS PROTOCOL



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• Applications in writing to SA Water (3 Months in advance).• SA Water to advise of requirements for Aboriginal permission,

and other rules.• Consult the Barkindji Elders Committee (2 Months in

advance).• Group must be informed of appropriate fee involved.• Group leader to seek permission from relevant landholders.• Provide SA Water with evidence of approval. • Provide SA Water with travel details (numbers, dates,

itinerary).• Aboriginal employee and/or up to three (3) elders must

accompany the group, depending on size.• Group to be given information about proper behaviour at

Aboriginal sites.• Group leader must sign undertaking of responsibility for

students.• Group leader must sign register at Depot. • No keys given to educational groups.

• Applications in writing to SA Water (3 Months in advance).• SA Water to advise of requirements for Aboriginal permission,

and other rules.• SA Water must advise Lake Victoria Advisory Committee (in

writing if necessary).• Group leader to contact relevant landholders.• Provide SA Water with evidence of approval. • Provide SA Water with travel details (numbers, dates,

itinerary).• Aboriginal employee or elder may be required to accompany

the group. • Group to be given information about proper behaviour at

Aboriginal sites.• Group leader must sign undertaking of responsibility for

students.• Group leader must sign register at Depot. • No keys given to educational groups.

• Advise MDBC/SA Water about proposal.• Advise and seek approval from the Barkindji Elders

Committee and Lake Victoria Advisory Committee.• Research to be consistent with Plan of Management.• MDBC/SA Water to advise Lake Victoria Advisory

Committee. • Follow standard NPWS rules for permits and Aboriginal

consultation.• If project approved, must follow specific requirements set by

NPWS/Aboriginal people (e.g. Aboriginal involvement inproject).

• If project approved, must follow standard requirements set byMDBC/SA Water (e.g. advise of field trips, report in toDepot).

• Keys may be authorised under special conditions.• Provide regular reports on work to MDBC/SA Water/Lake

Victoria Advisory Committee.

People and educationalgroups with genuineinterests in Aboriginalcultural heritage

People and educationalgroups with interests inenvironment or history butnot Aboriginal heritage

Researchers wishing tostudy Aboriginal heritage




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• Advise MDBC/SA Water about proposal, advise the BarkindjiElders Committee.

• Research to be consistent with Plan of Management.

• MDBC/SA Water to advise Lake Victoria AdvisoryCommittee.

• All necessary permits obtained.

• If project approved, must follow standard requirements set byMDBC/SA Water (e.g. advise of field trips, report in toDepot).

• Keys may be authorised under special conditions.

• Provide regular reports on work to MDBC/SA Water/LakeVictoria Advisory Committee.

• Recreational activities are to be consistent with the objectivesof the Cultural Landscape Plan of Management (e.g. speedlimit on Lake is 4 knots).

• A map of Lake showing culturally sensitive areas placed off-limits for recreation to be provided to landholders, SA Waterstaff and Lake Victoria Advisory Committee members.

• Fencing/signs etc. to mark areas where recreation possible orprohibited.

• Advice to interested groups (tourist offices, clubs etc.) of newrules.

• A code of conduct to be provided with information about thenature, location and sensitivity of cultural heritage and thelegal and other requirements to avoid causing damage.

• Briefing sessions for all first-time visitors involved inmanagement activities.

Researchers whose interestsare not related toAboriginal heritage

Access for recreation(including fishing) by thegeneral public (includingfriends and relatives of SAWater employees andlandholders and membersof the Aboriginalcommunity)

Employees, contractors andconsultants of allgovernment departmentsand agencies, andlandholders and theiremployees, contractors orcommercial fishers.



Protocol for the Employment ofAboriginal Workers at LakeVictoria

Objective

To have an agreed procedure for the employmentof Aboriginal people for work associated with themanagement of cultural heritage at LakeVictoria.

Employment Requirements

• SA Water employment needs will bedetermined by the Cultural Heritage Managerin consultation with the Manager RiverMurray Operations Unit.

• The employment needs of Contractors orConsultants performing work on behalf of SAWater, will be determined by them inconsultation with SA Water.

Procedure

• The Cultural Heritage Manager at LakeVictoria will be responsible for coordinatingthe employment procedure.

• Aboriginal people will be employed through aregistered Employment Agency.

• Selection will be by a group consisting ofthree nominated members of the BarkindjiElders Committee, the Employment Agencyand the Cultural Heritage Manager, with arepresentative from the Contractor orConsultant where they are involved.

• The people will be employed and paid by theEmployment Agency, under their terms andconditions, and SA Water will reimburse thecost of the salaries.

• The people employed will work for either SAWater, under the supervision of the CulturalHeritage Manager, or Contractors orConsultants employed by SA Water or theMDBC.

• Wages will be paid in accordance with thework undertaken, as determined under therelevant SA Water Award.

• Employment conditions will be in accordancewith the Employment Agency.

General

• Aboriginal people interested in employmentat Lake Victoria should register with thenominated employment Agency.

• Preference will be given to Aboriginal peoplewith traditional ties to the area.

• Employment opportunities will be given to asmany of the people who have applied aspossible.


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Protocol for the Protection ofNewly Discovered Burials Found atLake Victoria

Objective

To protect newly discovered Aboriginal burialsfound at Lake Victoria.

Procedure

• Whoever finds the burial/s is to advise theCultural Heritage Manager at Lake Victoria.

• The Cultural Heritage Manager will advise:

– the Lake Superintendent;

– the Manager River Murray OperationsUnit;

– the NSW National Parks and WildlifeService Aboriginal Sites Officer at Buronga;

– the Coordinator for the Barkindji EldersCommittee, who will inform thecommunity.

• The Cultural Heritage Manager may need toconfirm the burial with the NSW NationalParks and Wildlife Service Aboriginal SitesOfficer at Buronga.

• Following confirmation of the burial, theCultural Heritage Manager will undertake thefollowing:

– arrange for the burial details to be recordedincluding the following actions:

– assign a number to the burial;

– take a photograph of the burial;

– record the location of the burial with aGPS;

– ensure that the details at this stage areentered in the database;

– complete a NPWS Site Record Card for thesite if it has not previously been recorded inthe NPWS system;

– arrange for the burial to be protected:

– if it is a single burial or a small cluster ofburials, it is to be covered with sandbags;

– if it is a cliff burial and cannot beprotected by sandbagging, arrangementsare to be made to have a minimum ofthree elders from the Lake VictoriaAdvisory Committee to visit the site anddiscuss the protection method with theCultural Heritage Manager;

– a temporary structure may be placed overthe burial if needed in an emergency. Thiswould only apply when immediate actionis required and conditions do not allowfor the time to protect the burial in themanner outlined above;

• Once the burial protection works have beencompleted, they should be photographed andthe remaining details added into the database.

• Relocation of the burial to the Cemetery Area

may be considered by the elders and theCultural Heritage Manager if normalprotection methods cannot be applied. Thiswill be done in consultation with theNational Parks and Wildlife Service. Detailsare to be recorded on the database.

• On completion of the protection works, theCultural Heritage Manager is to arrange tomeet with the community to advise them ofthe details of the works.


If the Cultural Heritage Manager needsassistance to protect the burials, the mattershould be discussed with the LakeSuperintendent and the Manager River MurrayOperations Unit to determine the level ofpractical support and resources required. If it isagreed that Aboriginal people need to beemployed for the works, this is to be done inaccordance with the Employment Protocol.


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Protocol for the Maintenance ofExisting Burial Protection Works atLake Victoria

Objective

To ensure the continued effectiveness of existingburial protection works.

General

This protocol is to be followed where a siteinspection, either by the Cultural HeritageManager, the NPWS Aboriginal Sites Officer oranybody else, raises concern about the ability ofthe existing burial protection works to provideadequate protection.

Procedure

• The Cultural Heritage Manager is to carry

out a detailed inspection of the burialprotection works in question.

• If, in the Cultural Heritage Manager’sopinion, the protection works will continueto protect the burials through the nextfill/empty cycle of the Lake, it will be up tothe Cultural Heritage Manager to decide ifthey need to be repaired straight away or leftfor another year.

• If, in the Cultural Heritage Manager’sopinion, it is decided to leave the burialprotection works for another year, aphotograph of the burial mound, with itsidentifying number, is to be added to thedatabase before it goes under water again.

• If, in the Cultural Heritage Manager’sopinion, the protection works are sufficientlydeteriorated, the Cultural Heritage Managerwill arrange for the mounds to be repaired.

• Repairs are to be carried out to bring theprotection mounds back to the originaldesign.

• A photograph of the repaired mound, with itsidentifying number, is to be added to thedatabase.

• The Cultural Heritage Manager shouldarrange to meet periodically with thecommunity to advise them of maintenanceworks which have been undertaken or whichare planned. This should be arranged throughthe Liaison Officer at the Dareton LocalAboriginal Land Council.


If the Cultural Heritage Manager needsassistance to repair any existing burial protectionworks, the matter should be discussed with theLake Superintendent and the Manager RiverMurray Operations Unit to determine the levelof practical support and resources required. If itis agreed that Aboriginal people need to beemployed for the works, this is to be done inaccordance with the Employment Protocol.


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Lake Victoria Field Code ofConduct

Objectives

• To ensure that all persons visiting or working

at Lake Victoria understand their legal

obligations regarding Aboriginal and historic

relics.

• To ensure that all persons visiting or working

at Lake Victoria behave in ways that are

respectful to the significance of the cultural

heritage.

• To ensure that no Aboriginal and historic

relics are damaged either by visitors or during

research, fieldwork, monitoring and

protection works.

• To ensure that Aboriginal and historic relics

are not removed from their locations except

when in accord with procedures set out in

this protocol as approved by the Lake Victoria

Advisory Committee.

• To ensure that monitoring and research

programs are not unintentionally disturbed or

jeopardised.

Who the Protocol applies to

• All staff of the MDBC, SA Water, DLWC

and NPWS working at Lake Victoria.

• Consultants of the MDBC, SA Water, DLWC

and NPWS employed in any way at Lake

Victoria.

• Contractors of the MDBC, SA Water, DLWC

and NPWS employed in any way at Lake

Victoria.

• Members of the Lake Victoria Advisory

Committee and the Aboriginal community.

• Landholders of land around the shores of

Lake Victoria.

• All approved visitors to Lake Victoria.

Aboriginal Relics

• All Aboriginal relics, including Aboriginal

burials and fragmentary human bones, stone

artefacts, glass artefacts, shell midden and

fireplaces and animal bones associated with

shell middens and hearths, and scarred trees

are protected under the NSW NPW Act.

• No Aboriginal relics are to be removed from

the Lakeshore by any person except where

authorised as part of the burial protection

program or a specific research project, in

accordance with the NPWS s87 Permit.

• No Aboriginal relics should be moved from

one place to another at Lake Victoria except

where authorised as part of the burial

protection program or a specific research

project in accordance with the NPWS s87

Permit.

• In special cases, it may be appropriate under

Aboriginal tradition to move Aboriginal relics

from one place to another at the Lake or

elsewhere e.g. for safe-keeping or for spiritual

reasons. This can only be done with the

authorisation of the all Aboriginal

representatives on the Advisory Committee.

• All material items on the Lakeshore (e.g.

pieces of stone, bone) should be assumed to

be Aboriginal or historic relics. No items are

to be collected for the purpose of finding out

whether they are protected relics; rather the

location should be recorded and the Lake

Victoria Cultural Heritage Manager advised.

• Any Aboriginal cultural material removed

from the Lakeshore in the past should be

returned to the Lake Victoria Cultural

Heritage Manager for recording and

safekeeping, and if possible, for return to its

original location.

Historic relics

• Historic relics are protected under the

Heritage Act. This includes all material around

the Lakeshore, including all material at the

old house sites (bricks, glass, ceramics etc.),

old bottles, the telegraph posts and aircraft

fragments and shells.

• No historic relics are to be removed from the

Lakeshore by any person except where

authorised as part of a conservation program

or a specific research project, in accordance


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with a permit from the NSW Heritage

Branch (This cannot be authorised by NPWS

in the s87 Permit).

• No historic relics should be moved from one

place to another at Lake Victoria unless

authorised as part of the burial protection

program or a specific research project in

accordance with a permit from the NSW

Heritage Branch (This cannot be authorised

by NPWS in the s87 Permit).

• In special cases, it may be appropriate to

remove historic relics from the Lakeshore e.g.

if they are in danger of immediate physical

damage or theft (this would apply to coins,

and other collectable items and to very fragile

items). This can only be done with the

authorisation of the Lake Victoria Cultural

Heritage Manager.

• All material items on the Lakeshore (e.g.

pieces of brick, bottles etc.) should be

assumed to be historic relics. No items are to

be collected for the purpose of finding out

whether they are protected relics; rather the

location should be recorded and the Lake

Victoria Cultural Heritage Manager should be

advised.

• Any historic cultural material removed from

the Lakeshore in the past should be returned

to the Lake Victoria Cultural Heritage

Manager for recording and safekeeping, and if

possible, for return to its original location.

Vehicles

• No vehicles are to be driven on the Lakeshore

below 27 m except for approved 4WD

motorbikes and trailers, with the following

exceptions:

• Landholders and government agency workers,

in pursuit of their normal operations such as

maintenance of fences, mustering stock, or

monitoring piezometers, may use vehicles

appropriate to the task at hand, but should

exercise caution and observe the guidelines

outlined below.

• All vehicles are permitted on the made roads

and parking bays behind the Frenchmans

Islands, but they must remain on the

constructed surface of the roads and bays and

not travel or park off them.

• In specific circumstances, for example during

major construction of protection works, larger

vehicles such as bobcats, dump trucks and

excavators may be permitted in certain areas.

Use of such vehicles will be restricted to

specific programs and must be justified and

approved during the planning.

• When 4WD bikes and trailers are used on the

Lakeshore, care must be taken to avoid

driving on any exposures of cultural material

(palaeosols, shell middens, stone artefact

scatters and historic sites) by keeping as far as

possible to areas where there is a cover of fresh

sand cover or dense ground vegetation e.g.

thick grass.

• When repeated trips are made to a particular

locality, vehicles should follow pre-existing

wheel tracks to minimise the number of

tracks across the beach. However, if after

repeated traffic, a track is found to be

disturbing heritage material, the Lake Victoria

Cultural Heritage Manager should be advised

so that an alternate route can be found, or

protection works undertaken.

Monitoring and research programs

• No fences, posts, pegs, flags, signs or other

markers around the Lakeshore are to be

removed or shifted. A map and register of all

markers etc. will be held at the SA Depot to

identify the purpose (survey, monitoring or

research) of any particular fences, posts, pegs,

or flags (this is not yet available).

• The proposed location of any approved

fences, posts or pegs must be approved by the

Lake Victoria Cultural Heritage Manager in

order to avoid damage to cultural heritage.

This may involve consultation with NPWS

staff and elders from the Advisory

Committee.

• In order to avoid confusion and damage to

cultural heritage, no fences, posts, pegs etc.


72


must be placed on the Lakeshore unless theyare part of an approved monitoring orresearch program.

• Do not enter, walk or drive on any transectsor exclosures marked or enclosed by fence,posts, pegs or flags, except for the purposes ofrecording or surveying the areas.

• When surveying, recording or photographingany marked or fenced transect or exclosure,keep ground disturbance to a minimum,either by remaining outside the area orlimiting the number of people who moveinside. Particular care must be taken to avoidground disturbance by walking or standingnear posts or pegs many of which are used tomeasure erosion by monitoring changes inground height.

• Do not pick or remove any flowers or plantsin or near fenced or marked transects andexclosures.

• Projects that require the digging of holes forenvironmental research (e.g. sediment andsalinity studies), or management purposes(e.g. fencing) must be cleared with the LakeVictoria Cultural Heritage Manager to ensurethat cultural heritage is not disturbed.

General

• Lunch or rest camps must not be set up on ornear areas where there are surface exposures of

heritage material, or on burial grounds evenwhere these have been covered with sand.

• Fires must not be lit on or near surfaceexposures of heritage material or on burialgrounds.

• Do not leave any rubbish anywhere on theLakeshore or dig a hole to bury rubbish. Takeall rubbish back to the SA Water Depot anddispose in rubbish bins there.

• Portable toilets will be provided whereverthere is a substantial work project on theLakeshore. Otherwise, care should be taken tomove well away from any Aboriginal orhistoric cultural material, and when diggingtoilet holes.

Disseminating the Code of Conduct

• An information leaflet will be distributed toall relevant government employees, offices,landholders and visitors.

• A clause covering the Code of Conduct willbe included in the contract of consultants andcontractors, including Aboriginal employees.


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74


APPENDICES

Appendix 1: S87 Permit andS90 Consent and Conditions

SECTION 87 PERMIT

NATIONAL PARKS & WILDLIFE ACT 1974

For a complete transcript including the Section87 Permit Conditions, refer to the Clause 91Determination Report, Under Part 5 of the

Environmental Planning and Assessment Act(1979), “Lake Victoria: Finding the Balance,Environmental Impact Statement”, NSWNational Parks and Wildlife Service.


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SECTION 87 PERMIT CONDITIONS

TABLE OF CONTENTS

Note: Sections A and B only are included forreference. For a complete transcript of the Section87 Permit (including the conditions) refer to theClause 91 Determination Report, Under Part5 of the Environmental Planning andAssessment Act (1979), “Lake Victoria:Finding the Balance, Environmental ImpactStatement”.

A. INTRODUCTION

B. INSTRUMENT

C. SPECIAL CONDITIONS PERTAININGTO THE OPERATION OF LAKE VICTORIA

1. General

1.1 Preamble

1.2 Lake Victoria and the Barkindji

community

1.2.1 Role of Barkindji Community in

Lake Management

1.3 Lake Victoria Advisory Committee

1.3.1 Role of the Lake Victoria Advisory

Committee and its role in

Management

1.3.2 Annual Reporting and Review

Process

1.3.3 Informing the Community about

Cultural Heritage

1.4 General Conditions for Survey,

Monitoring, Research and Protection

Works

1.4.1 Approval of Monitoring, Survey and

Research Strategies/Plans

1.4.2 Approval of protection works

1.4.3 Appropriateness of Cultural

Heritage Research

1.4.4 Approval of Research Plans for

Cultural Heritage

1.4.5 Qualifications/Experience of Persons

doing Monitoring, Research or

Survey

1.5 Environmental Manager

1.6 Protection of Significant Sites

1.6.1 Notification of newly-discovered

burials

1.6.2 Protection of Burials and significant

sites required

1.6.3 Burials unable to be protected in

situ

1.7 Protection of Native Flora and Fauna

2. Plans for Management of Impacts within

Lake Victoria

2.1 Cultural Landscape Management Plan

2.1.1 Specifications for Cultural

Landscape Management Plan

2.1.2 Approval of Cultural Landscape

Management Plan

2.1.3 Annual Review of Cultural

Landscape Management Plan

2.2 Conservation Strategy for Cultural

Heritage

2.2.1 Specifications for Conservation

Strategy

2.3 Vegetation Strategy and Management

2.3.1 Vegetation Strategy

3. Management of Impacts of the Activity

within Lake Victoria

3.1 Impacts on Cultural Heritage

3.1.1 Management actions required in

each Threat Zone

3.1.2 Research into Cultural Heritage

required of MDBC

3.1.3 Monitoring of Impacts to Cultural

Heritage

3.1.4 Management of Erosion Affecting

Relics

3.2 Impacts on the Natural Environment


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3.2.1 Monitoring of Impacts of LakeOperation on Lakeshore vegetationunder the Vegetation Strategy

3.2.2 Interim Monitoring of Impacts onLakeshore Vegetation

3.2.3 Standards for Acceptable Impact onLakeshore Vegetation

3.2.4 Source of Vegetation forRevegetation and Rehabilitation

3.2.5 Monitoring of Impacts of LakeOperation on Fauna as part ofCultural Landscape ManagementPlan

3.2.6 Interim Monitoring of Impacts onFauna

3.2.7 Monitoring of Waterbirds and

Threatened Species

3.2.8 Monitoring and Management ofNon-Native Animals

3.2.9 Monitoring of AquaticEnvironments

3.2.10 Interim Monitoring of AquaticEnvironments

3.2.11 Biological Monitoring of AquaticEnvironments

3.3 Access and Use of the Lake

3.3.1 Implementation of Access Protocol

3.3.2 Use of Powered Boats on the Lake

3.3.3 Management of Other Activities

3.4 Landholders and Co-operativeManagement

3.5 Monitoring and Management ofWater Quality

3.5.1 Monitoring of Water Quality withinthe Lake and supply channels

3.5.2 Management of Impacts on WaterQuality within the Lake

4. Prevention and Management of Impacts onareas outside Lake Victoria affected by theActivity

4.1 General

4.2 Definition and Monitoring of Impact

4.2.1 Groundwater Management Report

4.2.2 Natural Environment ManagementReport

4.2.3 Cultural Heritage ManagementReport

4.2.4 Notification and Management ofGroundwater Impacts

4.2.5 Negotiation with Landholders

4.2.6 Revision of area covered by ImpactManagement Strategy

4.2.7 Monitoring and Management ofImpacts to Native Vegetation

4.2.8 Assessment of Reporting of Impactson Fauna (or their Habitats)

4.3 Water Quality in the Murray

5. Non-compliance with Permit

6. Lake Operation below 24.5 metres—prevention and management of impacts onareas described in Schedule B

6.1 Aboriginal Cultural Heritage below 24.5metres – 6.1.1 Identification of AboriginalCultural Heritage

6.1.2 Protection of Aboriginal CulturalHeritage

7. Lake Operation above 24.5 metres

7.1 Operation in Accord with the CulturalLandscape Management Plan

7.2 Operation for short-term storage of“unplanned” flows

7.3 Operation for environmentalmanagement

7.4 Interim operation above 24.5 metres

7.4.1 Approval of Interim Operation

D. GENERAL TERMS AND CONDITIONSFOR S87 PERMITS AND S90CONSENTS


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E. SPECIFIC CONDITIONS APPLYING TOTHE CONSENT

F. APPENDICES

1. Management Actions required in each ThreatZone.

2. Methods to be considered for erosionmonitoring.

3. Minimum Requirements for Monitoring ofVegetation within Lake Victoria.

4. Minimum Conditions for survey of vegetationin areas outside Lake Victoria potentially affectedby Lake operation.

5. Minimum requirements for monitoring ofimpacts of Lake operation on vegetation in areasoutside Lake Victoria potentially affected byLake operation.

6. Minimum requirements for baseline survey offauna in areas outside Lake Victoria potentiallyaffected by Lake operation.

7. Minimum Requirements for monitoring ofimpacts of Lake operation on fauna in areasoutside Lake Victoria potentially affected byLake operation.

8. Requirements for archaeological research atLake Victoria.


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A. INTRODUCTION

Please note that this introduction does not form

part of the Permit, but is merely provided to give

some background and introduction to the Permit

conditions.

Lake Victoria is of exceptionally high spiritual

significance to Barkindji Aboriginal people. The

extensive burials and the natural landscape of the

Lake are important components of its

significance. There is also rich and extensive

evidence of Aboriginal occupation at Lake

Victoria spanning the past 18 000 years.

The National Parks and Wildlife Service’s

analysis of the environmental impact statement

and the associated information has found that

operation of Lake Victoria as an artificial water

storage has had a significant impact on the

Aboriginal cultural heritage of the Lake, and on

the environment in and around the Lake,

including significant disruption to the regional

groundwater balance, resulting in extensive land

salinisation in low-lying areas around the Lake.

Ceasing operation of the Lake by

decommissioning it as a water supply facility

however, also appears likely to have adverse

environmental impacts. The available evidence

indicates that such an action could result in the

Lake becoming a discharge point for regional

groundwater, leading to both the Lake and its

surrounds becoming progressively saline. This

would particularly have an adverse impact on the

ecology of the Lake and the quality of the water

in the Murray River downstream of the Lake.

The analysis has found that it is probable that

the Lake can be operated sustainably in such a

way that the risk of significant impact on

Aboriginal cultural heritage and other aspects of

the environment can be minimised. This

involves managing the levels of the Lake to allow

re-establishment of the native wetland vegetation

that was previously killed by prolonged

inundation following regulation of the Lake as a

water storage. Re-establishing the natural

landscape of the Lake aims to reduce impacts of

the Activity by not only stabilising the ground

surface of the Lakeshore against erosion by also

by restoring an important component of the

significance of the Lake to Barkindji people.

Ensuring the active involvement of the Barkindji

people in the decision-making process about the

future management of the Lake is an important

aspect of this determination.

The principle of risk minimisation underlies this

determination. The determination has to be

inherently precautionary because the strategies to

minimise and prevent environmental risks that it

is based upon have not yet been put in place and

demonstrated to work at the Lake. Furthermore,

the information about the environment at the

Lake is still incomplete, and many of the

environmental processes affecting the Lake and

its surrounds are not yet well understood.

These environmental processes are ongoing, and

there would be adverse environmental, social and

economic consequences of suspending either the

determination decision itself, or the management

of the Lake and its environment, until all

desirable information and understanding is

available. Therefore, the approach taken in this

determination is to:

• set initial conditions for limited Lake

operation so as to minimise the risk of

environmental impact;

• require further information gathering and

planning of the management of the Lake and

its environment before full operation can

resume;

• require ongoing monitoring of the

environmental responses to the changes in

environmental management; and

• establish a process by which to feed this

increased knowledge and understanding back

into the general conditions for Lake operation

so as to allow more flexibility and

responsiveness as the ability to prevent

significant environmental impact improves.

The conditions contained in the section 87

Permit and section 90 Consent require the

Murray Darling Basin Commission to:


79


• prepare a Cultural Landscape ManagementPlan, including a Vegetation Strategy and aConservation Strategy, for approval by theend of June 1999, which has as a major focusensuring revegetation of the Lakeshore toprotect the Aboriginal cultural heritage bystabilising the soil surface and preventingongoing erosion;

• significantly change the operation of LakeVictoria from previous operating regimes inaccord with the approved Vegetation Strategyand to enable the use of the Lake for theessential storage of water where this is notincompatible with protection of theAboriginal cultural heritage throughrevegetation;

• establish a comprehensive survey, research andmonitoring program and annual reporting

mechanism to the Aboriginal community, theLake Victoria Advisory Committee and theDirector-General to ensure compliance withthe section 87 and 90 conditions;

• formalise the role of Barkindji communityelders in decision-making about theprotection and management of their heritageand of the Lake’s landscape, and the carryingout of associated management and protectionworks; and

• formalise the role of the Lake VictoriaAdvisory Committee, including Barkindjielders but also local landholders andgovernment agency representatives, in theplanning and management of the Lake.

No section 90 Consent has been sought forburials, and none is given. The Service willcontinue to exercise the provisions of its Actconcerning the protection of burials.

The Permit and Consent are issued for a periodof eight years for operation of the Lake at orbelow 24.5 m subject to the accompanyingrelevant conditions. Once the CulturalLandscape Management Plan has been approved,operation of the Lake above 24.5 metres and upto 27 metres will be permissible in accord withthe Plan and the permit conditions for up to

eight years from the date of this Permit. Untilthis Plan is approved, there is provision for theMDBC to apply to the Director-General forinterim approval to operate the Lake above 24.5metres, subject to the conditions covering suchinterim operation. At the completion of theeight year period, the MDBC and the Servicewill reassess the situation.


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B. INSTRUMENT

PERMIT #:

(HO use only)

PERMIT TO COLLECT, DISTURB AND/OR EXCAVATE FOR THE PURPOSE OF SALVAGE OF ABORIGINAL RELICS

WHEREAS the Aboriginal relics described in Schedules “A” and “C” are situated upon the landdescribed in Schedules “B” and “C”, and constitute relics for the purpose of section 87 of theNational Parks and Wildlife Act 1974, and WHEREAS application has been made by

Murray Darling Basin Commission

Fujitsu House

7 Moore St

CANBERRA

ACT 2601

FOR PERMIT for the disturbance or movement, as per section 86(b) of the relics listed in Schedule A,AND, salvage collection and/or excavation, as per section 86(a) of the relics described in Schedule C in thecourse of:

the operation of Lake Victoria

NOW I, Brian John Gilligan, Director-General of National Parks and Wildlife, having consideredthe environmental impact of the Activity DO HEREBY PERMIT, under section 87 of the said Act

and in accordance with the said Conditions, the disturbance or movement, as per section 86(b) of thoserelics listed in Schedule A, AND, salvage collection and/or excavation, as per section 86(a) of the relicsdescribed in Schedule C.


81


DEFINITIONS

The following definitions apply to terms used in these conditions

“the Activity” is as follows: operating the Lake including diverting water into the Lake up to amaximum of the Full Supply Level and drawing it down, and including the use of its supplychannels

“Director-General” means the Director-General of National Parks and Wildlife

“ECs” are units for measuring salinity of water, expressed as a level of electro-conductivity

“E.P. & A. Act” is the New South Wales Environmental Planning and Assessment Act, 1979

“E.P. & A. Regulation” is the New South Wales Environmental Planning and Assessment Regulation,1994 under the E.P .& A. Act

“flora” and “fauna” are as defined in the NP & W Act, 1974

“full supply level” means the water being held in Lake Victoria at a height of 27 metres

“the Lake” means Lake Victoria, and refers to the water in the Lake itself, and the lake bed up to theheight of 27 metres. This includes any exposed area of the Lakeshore below 27 metres, regardless ofthe water level at the time.

“Lakeshore” means the bed of the Lake below 27 metres elevation and above the current water levelin the Lake

“Lake Victoria Advisory Committee”, “the Advisory Committee” refers to the Committee set upunder the Lake Victoria Framework Agreement, between the MDBC, the NSW National Parks andWildlife Service, the NSW State Aboriginal Land Council, the NSW Department of Land and WaterConservation, and South Australian Water Corporation, and as formalised following the conditionshereunder.

“MDBC” is the Murray–Darling Basin Commission

“N.P. & W. Act” is the New South Wales National Parks and Wildlife Act, 1974

“native” where it describes flora or fauna refers to those species that occur naturally in the local areaof Lake Victoria

“priority areas” means to those areas identified as having the highest priority for protection byrevegetation and/or other means in the Cultural Landscape Management Plan

“relic” as defined by the NPW Act (1974) is any deposit, object or material evidence relating toindigenous and non-European habitation of the area that comprises New South Wales, beinghabitation both prior to and concurrent with the occupation of that area by persons of Europeanextraction, and includes Aboriginal remains.

“supply channels” refers to Frenchmans Creek downstream of the Inlet Regulator to the Lake, andthe Rufus River between the Lake and the Murray River

“Threat Zones” are as described in the Lake Victoria EIS Background Report No. 1 (The CulturalHeritage of Lake Victoria), and listed in Schedule B of this Permit

“threatened species” is as defined in the TSC Act, 1995

“T.S.C. Act” is the New South Wales Threatened Species Conservation Act, 1995

“24.5 metres”, “27 metres” and other heights referred to in these conditions are elevations above theAustralian Height Datum

“unplanned flows” are flows in the Murray River upstream of the Lake which have not arisenthrough planned release of water from upstream storages for use in Lake Victoria. They include:

• natural flows from unregulated catchments between the upstream storages and the Lake(principally the Ovens and Kiewa Rivers), and

• flows from upstream storages intended for usage upstream, but which have remained in theMurray for one reason or another ( principally “rain rejections” from the Murray irrigation areas)


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TERMS AND CONDITIONS OF THIS PERMIT

The Permit is issued subject to Special Conditions pertaining to the operation of Lake Victoria inSection C, Specific Terms and Conditions pertaining to the Permit in Section E and the GeneralTerms and Conditions covering archaeological Permits and Consents in Section D.

All of these conditions are detailed in the attached pages.

DATED at Sydney this 27th day of August, 1998

Director-General of

National Parks and Wildlife

SCHEDULE A:

Description of Relics covered by this section 87 Permit

Shell middens, stone artefacts and fireplaces (including faunal materials associated with thesefeatures), as described in the Application for Consent and Permit to Salvage dated 10th July, 1998 as

amended by the Murray Darling Basin Commission on 6th August, 1998, which is based on theLake Victoria Environmental Impact Statement, Finding the Balance, dated March 1998.

SCHEDULE B:

Location of Relics covered by this section 87 Permit

The Lakeshore of Lake Victoria below 27 m and areas of cliff at 27 m rising to 29–30 m. The sectionof Frenchmans Ck between Banks 8, 9 and 10, and Banks 1 (from the Control Regulator toScaddings Bridge) which is inundated when the Lake is at 27 m.

Within the area described above, the relics covered by this Permit are found in the following ThreatZones as described in the Lake Victoria EIS Background Report No. 1 (The Cultural Heritage ofLake Victoria):

Western Beach: 22 sites

Northern Beach: 1 zone

Eastern Beach: 11 midden zones

Southeastern Beach: 4 midden zones

Talgarry Barrier

Snake Island

Rufus River–Frenchmans Ck: 4 zones

Western Frenchmans Islands

Eastern Frenchmans Islands

Frenchmans and Rufus Channels outside the lake bed


83


SCHEDULE C:

Actions and locations covered by this section 87 Permit

The following actions as per section 86(b):

• the disturbance or movement of those relics listed in Schedule A, and;

The following actions as per section 86(a):

• the salvage collection and reburial of loose human bone fragments;

• salvage collection and reburial of burials, subject to the written agreement of the Director-Generalspecified in Condition 14; and

• excavation of relics in the course of research as specified in Conditions 8 and 22 below, but notincluding burials;

are PERMITTED within the following Threat Zones as described in the Lake Victoria EISBackground Report No. 1 (The Cultural Heritage of Lake Victoria):




South-eastern Beach: 4 midden zones

Talgarry Barrier

Snake Island

Rufus River–Frenchmans Ck: 4 zones



Frenchmans Creek channel outside the lake bed, including the area of salinised land to the east ofLake Victoria


84


SECTION 90 CONSENT

NATIONAL PARKS & WILDLIFE ACT 1974

LAKE VICTORIA


85


CONSENT CONDITIONS

TABLE OF CONTENTS

A. INTRODUCTION

B. INSTRUMENT

Schedule A

Schedule B

C. PARTICULAR CONDITIONS

PERTAINING TO THE OPERATION OF

LAKE VICTORIA

1. Lake Victoria Advisory Committee and

Community Relations

1.1 General Conditions

1.1.1 Lake Victoria Advisory Committee

1.1.2 Communication with the Advisory

Committee and the Aboriginal

Community

1.1.3 Aboriginal Involvement in

Management of Lake Victoria

1.1.4 Communication with the broader

community

1.2 Specific Condition

2. Cultural Landscape Plan of Management

2.1 General Condition


3. Geographical Scope



4. Approval Processes



5. Reporting Processes


5.2 Specific Conditions

6. Communication and Access Strategy



7. General Principles of the CulturalLandscape Plan of Management


7.1.1 Development of the CulturalLandscape Management Plan

7.1.2 Specifications for the CulturalLandscape Management Plan

7.1.3 Conservation of Significance


8. Strategies for Revegetation



9. Research Activities



10. Monitoring Cultural Heritage



11. Monitoring Burial Protection Works



12. Understanding, Assessing and Monitoringthe Environment, Impacts and MitigationActions



13. Monitoring Vegetation



14. Managing Non-Native Fauna



15. Monitoring Water Quality



16. Lake Operations



86



17. Interim Operation of the Lake



18. Impacts on Areas Outside of the Lake



D. SPECIFIC TERMS AND CONDITIONSFOR S90 CONSENTS

Condition 19

Condition 20

Condition 21

Condition 22

Condition 23

Condition 24

Condition 25

Condition 26

Condition 27

E. SPECIFIC CONDITIONS APPLYING TOTHE CONSENT

Condition 28

Condition 29

Condition 30


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A. INTRODUCTION

This introduction does not form part of theConsent, but is provided to give some backgroundand introduction to the Consent conditions.

Lake Victoria is of exceptionally high spiritual

and cultural significance to Aborigines,

particularly the Barkindji Aboriginal people.

There is extensive evidence of Aboriginal

occupation at Lake Victoria spanning the past

18 000 years. The presence of large numbers of

burials and the natural landscape of the Lake and

its environs are important components of the

spiritual and cultural significance. As such,

reports or publications associated with Lake

Victoria may be culturally sensitive. Any

culturally sensitive information is to be managed

according to the wishes of its owners (the

Barkindji People). Any reports or publications

containing culturally sensitive information must

be referred to the Barkindji Elders Committee

prior to its release and their advice sought

regarding distribution of the information.

Lake Victoria is also a major water storage

operated by SA Water on behalf of the

Murray–Darling Basin Commission (MDBC)

in accordance with the Murray–Darling BasinAgreement. Water storage infrastructure,

including a system of regulators, channels and

levees which were originally constructed in the

1920s allows water to be diverted into the Lake

from the River Murray via Frenchmans Creek

and released from the Lake back to the River

Murray via the Rufus River.

Lake Victoria is used to conserve water for

subsequent use as well as manage impacts of

downstream flooding. Releases are made from

Lake Victoria to supplement flows in the River

Murray to meet South Australia's entitlement

flow, to assist in mitigating the impacts of

surface water salinity and to provide enhanced

environmental flows in the Murray. Lake

Victoria has a critical role in the conservation

and management of water resources in the

Murray–Darling Basin and provides significant

socio-economic benefits to communities

throughout the Murray Valley, including NSW,

Victoria and South Australia.

The MDBC has stated that it recognises the

significance of the Lake to the Aborigines and

acknowledges there is potential to cause damage

to Aboriginal relics or to exacerbate foreshore

erosion which may damage the Lake

environment as an Aboriginal place. Due to the

need to continue the operation of Lake Victoria

as a water storage, the MDBC applied to the

Director-General of the NSW National Parks

and Wildlife Service in April 1998 for consent to

destroy, deface or damage an Aboriginal

relic/place under Section 90 of the National

Parks and Wildlife Act, 1974, as well as a Permit

to disturb relics under Section 87 of the Act.

The application did not seek permission to

destroy, deface or damage or any burials. All

known in situ burials at Lake Victoria have been

protected by extensive sand nourishment and

protection works. Where it has not been

practical to protect the burials in situ, the

Barkindji elders have agreed to removing the

remains and reburying them in the dedicated

reburial cemetery established for this purpose.

Any currently unknown burials which may be

identified in the future will be protected or

removed and reburied with consultation and

approval of the elders .

In support of the application, the MDBC

prepared an extensive Environmental Impact

Statement (EIS). The EIS identified that the

continuing operation of the Lake as a water

storage has had significant impacts upon the

Aboriginal cultural heritage and the environment

in and around the Lake. The EIS identified

further that, together with the regulation of the

River Murray, the operation of Lake Victoria has

also had an adverse impact on the surrounding

environment, particularly the floodplain east of

the Lake. The main impacts have included

waterlogging caused by constant inundation and

land salinisation caused by rising groundwater.

The EIS identified that decommissioning the

Lake as a water storage would have significant

environmental impacts. The Lake would be

expected to become a groundwater discharge

area, resulting in salinisation of the bed of the

Lake and surrounding areas. This would


88


significantly and adversely impact upon the

ecology of the Lake, any Aboriginal relics located

on the bed of the Lake and the water quality of

the River Murray downstream of the Lake. Any

relics, particularly any unidentified and

unprotected burials, may also be at risk from

damage to a greater extent than would occur

under an operating regime which includes

regular and periodic inundation.

In its consideration and assessment of the

information provided within the EIS, the NSW

National Parks and Wildlife Service has

concluded that Lake Victoria may continue to be

operated as a major water conservation and

storage facility while minimising potential

damage to Aboriginal relics or to the foreshore of

the Lake. This would be possible by combining

the re-establishment and maintenance of

vegetation together with strategic management

of Lake water levels to stabilise the surface of the

foreshores of the Lake and provide protection

against erosion. The establishment of the native

vegetation on the foreshore and littoral zone will

contribute to the restoration of the natural values

of the Lake and will constitute more appropriate

management of the Lake as a significant place to

Aborigines.

In reaching a decision on the continued

operation and management of Lake Victoria as a

water storage, the Director-General considered

the need for conservation and protection of the

natural environment of Lake Victoria and its

surrounds, as well as the substantial ongoing

social and economic benefits provided to

communities throughout the Murray Valley by

appropriate water conservation and supply and

the exceptionally high spiritual and cultural

significance of the Lake to the Barkindji

Aboriginal people.

Revegetation of the Lake foreshore and littoral

zone, and a revised operating strategy are

intended to minimise the risk and extent of any

future impact upon the environment of Lake

Victoria. The management of the Lake must be

adaptive, and provision must be made to ensure

all relevant information is available to be

considered in the ongoing management of Lake

Victoria. As more information is collected and

the environmental processes which are affecting

the Lake and surrounding land are better

understood, the operating and management

strategies will be reviewed.

Most importantly, the management of Lake

Victoria must ensure the active involvement of

Aboriginal people in the decision making process

concerning the operations and future

management of Lake Victoria. Similarly, the

broader community, including local landholders

must be involved in the management of the Lake

and river system.

The objectives for the management of Lake

Victoria are to balance the cultural, spiritual,

social, economic and environmental values of the

Lake. This will be done through investigations,

operational changes, implementation of on-

ground works and greater community

involvement in management to improve the

environment of Lake Victoria.

To this end, the Conditions of the Consent

under which the MDBC will continue to

operate Lake Victoria as a major water storage

are focused on:

• formalising the role of the Aboriginal

community elders in decision-making about

the protection and management of their

heritage at Lake Victoria by the establishment

of a Lake Victoria Advisory Committee.

Wherever possible, conservation and

protection works will be undertaken by

members of the local Aboriginal community;

• establishing a communications strategy which

actively involves the Aboriginal community

whom have historic and traditional ties to the

Lake, and wider community interests

including land owners and water users who

benefit from the water supply provided from

the Lake;

• preparing a Cultural Landscape Plan of

Management which recognises the

significance of the Lake Victoria environment

and its spiritual significance to the Aboriginal

people. The plan will provide for work to be

undertaken to rehabilitate the natural

environment where possible, to minimise


89


further environmental degradation and forcontinued monitoring and reporting;

• addressing all the issues which have beenraised during the environmental impactassessment process leading up to thisConsent, through the conditions of theConsent and through the Cultural LandscapePlan of Management;

• changing the previous operational practices atLake Victoria to enable the establishment andmaintenance of native vegetation on theforeshores and within the littoral zone so as tominimise potential damage to Aboriginalrelics or to the foreshore of the Lake as anAboriginal place;

• providing for the continued security of supplyto water users in the Murray–Darling Basin

that results from operating the Lake as a waterstorage; and

• recognising that the Murray–Darling BasinCommission will continue to operate andmanage the Lake in accordance with therelevant NSW legislation and theMurray–Darling Basin Agreement.

The conditions have been determined afterextensive consultation with a range ofstakeholders, including the local Barkindjicommunity with traditional ties to the Lake. TheMurray–Darling Commission has shown aconsiderable willingness to reconcile thepotential conflicts between use of the Lake as awater storage, and the conservation of culturaland natural values of the Lake's environment,and has devoted significant resources toimplementing protection works for Aboriginalburials at the Lake. Continuing commitment bythe Murray–Darling Basin Commission tomeeting both the requirements and the spirit ofthis Consent is likely to result in major long-term benefits to both water management in theBasin and to conservation, particularly ofAboriginal cultural values, as well as setting anexample for other similar situations wherecultural and economic values clash.

The Permit and Consent are issued for a periodof eight years from August 1998. This willenable the operation of Lake Victoria for thisperiod consistent with the accompanyingrelevant conditions. There will be on-goingassessment of the operations of the Lakethroughout the term of the permit and consent.At the end of the eight year period, the MDBCand the NSW National Parks and WildlifeService will review the continuing operation ofLake Victoria in accordance with the NationalParks and Wildlife Act, 1974, the Murray–DarlingBasin Agreement 1992 and other relevant legislation

in consultation with the Aboriginal people andthe community.


90


B. INSTRUMENT

CONSENT #:

CONSENT TO CARRY OUT THE DESTRUCTION OF AN ABORIGINAL RELIC/PLACE

WHEREAS the Aboriginal relics described in Schedule "A" are situated upon the land described inSchedule "B", and constitute relics for the purpose of section 90 of the National Parks and WildlifeAct 1974, and WHEREAS application has been made by

Murray Darling Basin CommissionFujitsu House7 Moore StCANBERRA ACT 2601

FOR CONSENT to destroy, damage or deface those relics in the course of:

the operation of Lake Victoria

NOW I, Brian John Gilligan, Director-General of National Parks and Wildlife, having consideredthe environmental impact of the Activity DO HEREBY GIVE CONSENT under section 90 of thesaid Act, and in accordance with the said Conditions, to the said applicant.


91


DEFINITIONS

The following definitions apply to terms used in these conditions

"the Activity" is as follows: operating the Lake including diverting water into the Lake up to amaximum of the Full Supply Level and drawing it down, and including the use of its supplychannels

"the Advisory Committee" refers to the Lake Victoria Advisory Committee (see below)

"Burra Charter" is The Australia ICOMOS Charter for the Conservation of Places of CulturalSignificance

"cultural heritage significance" means aesthetic, historic, scientific or social value for past, presentor future generations (as described in the Burra Charter)

"Director-General" means the Director-General of National Parks and Wildlife

"EC Units" are units for measuring salinity of water, expressed as a level of electro-conductivity

"elders" are those members of the Barkindji Aboriginal community with traditional or historic ties toLake Victoria considered by the community to have seniority or cultural authority to represent thecommunity on matters relating to the cultural heritage of Lake Victoria.

"E.P. & A. Act" is the New South Wales Environmental Planning and Assessment Act, 1979

"E.P. & A. Regulation" is the New South Wales Environmental Planning and Assessment Regulation,1994 under the E.P. & A. Act

"flora" and "fauna" are as defined in the NP & W Act, 1974

"full supply level" means the water being held in Lake Victoria at a height of 27 metres

"the Lake" means Lake Victoria, and refers to the water in the Lake itself and the lake bed, up to theheight of 27 metres. This includes any exposed area of the Lakeshore below 27 metres, regardless ofthe water level at the time.

"Lakeshore" means the bed of the Lake below 27 metres elevation and above the current water levelin the Lake

"Lake Victoria Advisory Committee" refers to the Committee set up pursuant to the Lake VictoriaFramework Agreement, and formalised under the Murray–Darling Basin Agreement through theestablishment of the Committee. The parties to the Lake Victoria Framework Agreement were theMurray–Darling Basin Commission, the NSW National Parks and Wildlife Service, the NSW StateAboriginal Land Council, the NSW Department of Land and Water Conservation, and SouthAustralian Water. Membership of the Advisory Committee includes representatives of the Aboriginalcommunity, landholders, government agencies and both the State and local Aboriginal land councils.

"management zones" are those areas described as Threat Zones, or sub-divisions of same, in theLake Victoria EIS Background Report No. 1 (The Cultural Heritage of Lake Victoria), and listed inSchedule B of this Consent

"MDBC" is the Murray–Darling Basin Commission

"N.P. & W. Act" is the New South Wales National Parks and Wildlife Act, 1974

"natural heritage significance" means the importance of ecosystems, biological diversity andgeodiversity for their existence value, or for present or future generations in terms of their scientific,social, aesthetic and life-support value (as referred to in the Australian Natural Heritage Charter)

"native" where it describes flora or fauna refers to those species that occur naturally in the local areaof Lake Victoria


92


"priority areas" means to those areas identified as having the highest priority for protection byrevegetation and/or other means in the Cultural Landscape Plan of Management

"relic" as defined by the NPW Act (1974) is any deposit, object or material evidence relating toindigenous and non-European habitation of the area that comprises New South Wales, beinghabitation both prior to and concurrent with the occupation of that area by persons of Europeanextraction, and includes Aboriginal remains

"supply channels" refers to Frenchmans Creek downstream of the Inlet Regulator to the Lake, andthe Rufus River between the Lake and the Murray River

"threat zones" refers to "management zones" above

"threatened species" is as defined in the TSC Act, 1995

"T.S.C. Act" is the New South Wales Threatened Species Conservation Act, 1995

"24.5 metres", "27 metres" and other heights referred to in these conditions are elevations above theAustralian Height Datum

"unplanned flows" are flows in the Murray River upstream of the Lake which have not arisenthrough planned release of water from upstream storages for use in Lake Victoria. They include:

• natural flows from unregulated catchments between the upstream storages and the Lake (principally

the Ovens and Kiewa Rivers), and

• flows from upstream storages intended for usage upstream, but which have remained in the Murrayfor one reason or another ( principally "rain rejections" from the Murray irrigation areas)


93


TERMS AND CONDITIONS OF THIS CONSENT

This Consent is issued subject to Special Conditions pertaining to the operation of Lake Victoria inSection C, General Terms and Conditions for S90 Consents in Section D and the SpecificConditions applying to the Consent in Section E.

All of these conditions are detailed in the attached pages.

DATED at Sydney this 27th day of May, 2002

Director-General of

National Parks and Wildlife

SCHEDULE A:

Description of Relics covered by this section 90 Consent

Shell middens, stone artefacts and fireplaces (including faunal materials associated with thesefeatures), as described in the Application for Consent and Permit to Salvage dated 10th July, 1998 asamended by the Murray Darling Basin Commission on 6th August, 1998, which is based on theLake Victoria Environmental Impact Statement, Finding the Balance, dated March 1998. Aboriginalburials are specifically excluded from this Consent.

SCHEDULE B:

Location of Relics covered by this Section 90 Consent

The Lakeshore of Lake Victoria below 27 m and areas of cliff at 27 m rising to 29–30 m. The sectionof Frenchmans Creek between Banks 8, 9 and 10, and Bank 1 (from the Control Regulator toScaddings Bridge) which is inundated when the Lake is at 27 m.

Within the area described above, the relics covered by this Consent are found in the following threatzones as described in the Lake Victoria EIS Background Report No. 1 (The Cultural Heritage ofLake Victoria) where they are referred to as Threat zones:




South-eastern Beach: 4 midden zones

Talgarry Barrier

Snake Island

Rufus River–Frenchmans Creek: 4 zones



Frenchmans and Rufus Channels outside the lake bed


94


C. PARTICULAR CONDITIONSPERTAINING TO THE OPERATIONOF LAKE VICTORIA

This Consent provides the framework under

which the Murray–Darling Basin Commission

will operate and manage Lake Victoria. Each

condition contains a general part and a specific

part. The general part to each condition outlines

the principle and intent for which the condition

has been developed. The Murray–Darling Basin

Commission must operate in accordance with

both the general and specific parts of each

condition.

1. Lake Victoria Advisory Committee andCommunity Relations


1.1.1 Lake Victoria Advisory Committee

The role of the Lake Victoria Advisory

Committee is to provide advice and ongoing

input into decisions about management of Lake

Victoria in accord with the Consent conditions.

The MDBC will ensure that the Committee

gives a major voice to Barkindji Aboriginal elders

with traditional and historic affiliations with the

Lake. The Murray–Darling Basin Commission

will consult with the local Aboriginal

community through the Lake Victoria Advisory

Committee about the appropriate management

of the cultural heritage at the Lake prior to

commencement of all work covered by this

Consent. The Murray–Darling Basin

Commission will encourage and support the

Lake Victoria Advisory Committee in

communicating with other Aboriginal groups

not currently represented on the committee.

Such communication will be of a time, place and

style judged as culturally appropriate by the

Aboriginal members of the Committee. The

MDBC will also maintain close communication

with the landholders adjacent to the Lake.

1.1.2 Communication with the AdvisoryCommittee and the AboriginalCommunity

When communicating with the Lake Victoria

Advisory Committee and the Aboriginal

community, the Murray–Darling Basin

Commission will ensure that its consultation

meets the following standards:

• all necessary information about an issue is

provided in an understandable form,

including appropriate technical advice;

• sufficient time is allowed for full

consideration of the issue and the background

information;

• sufficient opportunity is provided for the

elders or committee members to ask questions

or clarify matters about which they are

unsure, including access to technical experts

where relevant and necessary;

• sufficient time is allowed for the elders to

consult with the broader Aboriginal

community;

• support and facilities are provided for

meaningful community consultation, and;

• consultation includes all relevant issues as

they arise.

1.1.3 Aboriginal Involvement in Management

of Lake Victoria

The MDBC will ensure that works related to the

management of cultural heritage and the cultural

landscape are undertaken by members of the

local Aboriginal community with traditional and

historical affiliation to the Lake wherever and

whenever possible in order to minimise impacts

from inappropriate or insensitive management of

cultural heritage at the Lake. The MDBC will

consult the local Aboriginal community through

Advisory Committee members prior to

commencement of work covered by this Consent

and the MDBC shall respond to any reasonable

request to involve the Aboriginal community in

the work.

1.1.4 Communication with the Broader

Community

There are a diversity of interests and stakeholders

involved in Lake Victoria and the MDBC

therefore will ensure that information about the

management of the Lake is shared with the

broader community on an ongoing basis.


95



The MDBC will formalise the role and status

of the Lake Victoria Advisory Committee as

an advisory committee under the Murray–DarlingBasin Agreement. The MDBC will consider

any recommendation by the Lake Victoria

Advisory Committee to appoint additional

members to the Advisory Committee as either

full members or as observers.

2. Cultural Landscape Plan ofManagement


The cultural heritage of Lake Victoria is

recognised as being of exceptionally high

significance to Barkindji Aboriginal people with

traditional and historic affiliation to the Lake. It

is also highly significant for the broader

Australian community at a national level. The

cultural heritage of Lake Victoria includes the

landscape as a whole, Aboriginal relics, protected

under the National Parks and Wildlife Act, 1974,

historic relics and places, protected under the

Heritage Act and natural features and processes

of the landscape.

The MDBC will minimise disturbance of

Aboriginal relics and impacts on the

environment to the greatest extent possible

through appropriate future operation of the Lake

and management of the landscape. The MDBC

will minimise impacts to Aboriginal relics and to

the environment by, inter alia, preparing and

implementing a Cultural Landscape Plan of

Management.

The MDBC will prepare the Cultural Landscape

Plan of Management with the objective of

setting in place an appropriate management

regime that both minimises any environmental

impacts, and conserves and manages cultural and

natural heritage values. The MDBC will ensure

that the primary focus of the Cultural Landscape

Plan of Management is to monitor and manage

the impact of the operation of Lake Victoria as a

water storage on the Lake environment, and on

its cultural and natural heritage values. The

MDBC will base the Plan on ongoing

assessment of the significance of the heritage,

and of the impacts of operation on that heritage,

and identification of the requirements and

constraints affecting that significance, and will

develop policies to retain that significance as far

as is possible. Over time, as knowledge improves,

the significance, or the understanding of

significance, of areas or relics may change. To

accommodate this, the MDBC will ensure that

the Lake Victoria Advisory Committee is given

the opportunity to request changes to the

priority for protection or the management given

to areas or relics.

The MDBC will ensure that the Cultural

Landscape Plan of Management follows the

accepted conservation planning processes, which

are adaptive, that is, they include monitoring

and the ability to adapt management to meet

changing conditions, and which apply to both

cultural and natural heritage management. The

MDBC will also ensure that the planning

process is responsive to the values and interests

of the wide variety of stakeholders involved in

cultural and natural heritage management in the

area. The MDBC will ensure that the planning

process is able to incorporate data and research

results from the monitoring and investigation of

environmental processes which affect heritage

management, as well as respond to new issues as

values held by society change. The MDBC must

involve professional conservation planners in the

development of the Plan as an important part of

the process.


A Cultural Landscape Plan of Management

will be developed and implemented by the

MDBC using appropriately qualified persons.

The MDBC will put the Cultural Landscape

Plan of Management in place by 31 January

2000, unless extended by the Director-

General in writing. The MDBC will develop

the Plan in accord with the principles of the

Burra Charter, the Draft Guidelines for the

Management of Aboriginal and Torres Strait

Islander Heritage, the Australian Natural

Heritage Charter and the conditions of this


96


Consent. The MDBC will use the Plan togovern the proposed management of the Lakefor the remainder of the eight-year period ofthis Consent.. The MDBC or the NPWS maychange the plan to address any emergingissues following consultation and agreementbetween the two parties and having advisedthe Lake Victoria Advisory Committee(LVAC) of the proposed change andconsidered any comments the LVAC maymake.

3. Geographical Scope


The MDBC will draft the Cultural LandscapePlan of Management to cover all of the areadescribed in "Schedule B", plus the Lake and itsbed, Frenchmans Creek downstream of the Inlet

Regulator and its bed. The Plan will encompassall of the "Threat Zones" described in the LakeVictoria EIS Background Report 1, which willbe called Management Zones for thedevelopment and implementation of theCultural Landscape Plan of Management. It isrecognised, however, that the Plan is also part ofa broader range of land and water managementplanning processes, including the Lake VictoriaRangelands Management Action Plan and theLower Murray–Darling Rangelands ManagementAction Plan. In particular, the culturalsignificance of the area is not restricted to theimmediate vicinity of the Lake, and recognitionof cultural significance is an integral part of theland management in the area. All of the areaaround Lake Victoria that is likely to be affectedby the operation of the Lake must be capturedby either the Cultural Landscape Plan ofManagement or other plans relevant to the area.In developing and implementing the CulturalLandscape Plan of Management, the MDBC willensure that management guidelines and policiesare integrated as much as possible with theseplans.


The MDBC will develop and implement theCultural Landscape Plan of Management toencompass the area described in "Schedule B"plus the Lake and its bed, Frenchmans Creekdownstream of the Inlet Regulator and itsbed, and when drafting or revising the Planthe MDBC will take into consideration theother land and water management plans inthe area. All of the area around Lake Victoriathat is likely to be affected by the operation ofthe Lake must be captured by either the CulturalLandscape Plan of Management or other plansrelevant to the area.

4. Approval Processes


The MDBC will ensure that the CulturalLandscape Plan of Management is an adaptiveplan encompassing the broad range of activitiesconducted or permitted by the MDBC at theLake and any related impacts thereof. To ensurethat this is possible, the MDBC will includemonitoring of the impacts of the operation ofthe Lake and of the management of the culturallandscape in the Plan. The MDBC will alsoinclude in the Plan details of how it will respondto issues revealed by the monitoring. TheMDBC will develop the Plan in closeconsultation with the Lake Victoria AdvisoryCommittee, as well as with NPWS and

professional cultural heritage and naturalenvironment consultants.


The MDBC will develop the CulturalLandscape Plan of Management in closeconsultation with the Lake Victoria AdvisoryCommittee. A MDBC will provide a draft ofthe Plan for review by the Lake VictoriaAdvisory Committee and the Director-General. A final draft, addressing all issuesraised by the Lake Victoria AdvisoryCommittee and the Director-General, must besubmitted by the MDBC to the Director-General by 31 December 1999, unlessextended by the Director-General in writing.This draft must be approved by the Director-General prior to implementation.


97


5. Reporting Processes


The MDBC will prepare an Annual Report of

activities relating to the management of cultural

and natural heritage at Lake Victoria by the end

of October each year for approval by the

Director-General. The report will cover the

period of 1 August to 31 July so it reflects the

activity at the Lake. A draft report will be

provided by the MDBC to the Lake Victoria

Advisory Committee by the end of September

each year, and the MDBC will provide the final

report together with LVAC's comments to the

Director-General by the end of October. The

Report will describe what has occurred in the

previous 12 months and what is proposed for

the next 12 months. The MDBC will include in

the report all reporting required under these

Conditions, all reporting prescribed in the

Cultural Landscape Plan of Management, and

will include information from all research,

survey, and monitoring activities undertaken

during the year including the names and

qualifications of people involved in the

implementation of the Plan, as well as any other

matter requested by the Director-General.

A public/oral presentation of the Annual Report

will be provided by MDBC to the stakeholders,

so that they are aware of the management issues

being considered in the Cultural Landscape

Plan of Management, and to assist the Regional

Action Planning process for the areas adjoining

Lake Victoria through the provision of

appropriate advice and input (in relation to

habitat management, landholder and

Aboriginal community concerns) (see General

Condition 18.1).


5.2.1 The Annual Report will be prepared and

presented by the MDBC by the end of

October each year for approval by the

Director-General. The MDBC will ensure that

the Report summarises activities undertaken

in relation to the operation of Lake Victoria,

the management of the environment and the

conservation and management of cultural and

natural heritage values, and reports on thecompliance with the conditions of thisConsent, as well as recommending anychanges to the Plan. The MDBC willincorporate this into the reporting andfeedback processes which are part of theCultural Landscape Plan of Management.Until the Director-General approves theAnnual Report, MDBC will operate the Lakein accordance with existing approvedoperating regimes, unless otherwise agreedbetween MDBC and the Director-General.

5.2.2 The MDBC will present the LakeVictoria Annual Report at an annualworkshop where management activities andinvestigations will be reviewed.

6. Communication and Access Strategy


The MDBC will develop a communication

strategy as a part of the CLCMP which will

include information on the significance of the

cultural heritage of Lake Victoria, as well as its

role in water management. The MDBC will

ensure that the Cultural Landscape Plan of

Management, as a part of this communication

strategy, provides for education about, and

interpretation of cultural heritage, especially to

minimise risk of inappropriate behaviour and

adverse impacts by visitors to the Lake. The

communication strategy will also deal with

making Aboriginal cultural heritage information

available to the Aboriginal community and,

subject to approval from the Barkindji

community represented on the Advisory

Committee, making this information available to

educational groups and the general public.


The MDBC will ensure that the CulturalLandscape Plan of Management includes astrategy for managing access to the Lake andfor communication, including educationabout and interpretation of the culturalheritage significance of Lake Victoria and itsenvironment, especially to minimise risk ofinappropriate behaviour and adverse impactsby visitors to the Lake.


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7. General Principles of the CulturalLandscape Plan of Management


7.1.1 Development of the Cultural LandscapeManagement Plan

The MDBC will develop the Cultural Landscape

Plan of Management in accord with nationally

accepted principles, procedures and guidelines.

The MDBC will ensure that the strategies

contained in the Plan for conserving both the

cultural and natural significance of the Lakeshore

will take into account the fact that both the

cultural and natural aspects combine to make up

the significance of the Lakeshore as a cultural

landscape. The MDBC will ensure that actions

for the care and management of specific cultural

sites and places, natural habitat and landforms

take into consideration all other aspects of

significance, with the objective of developing a

holistic, integrated management of the

significance of the cultural landscape.

7.1.2 Specifications for the CulturalLandscape Plan of Management

The Cultural Landscape Plan of Management

developed by the MDBC will:

• be in accord with the Burra Charter, Draft

Guidelines for the Management of Aboriginal

and Torres Strait Islander Heritage and

Australian Natural Heritage Charter

principles;

• be developed under the accepted best practice

conservation planning processes, and will

include a Statement of Significance for the

area;

• be iterative and adaptive in nature, ensuring

that information from monitoring programs

and research informs and guides future

management principles;

• ensure that stakeholders—including the

Aboriginal community and landholders—are

involved in the development of the Plan;

• ensure that Lake operation for water supply

and management purposes takes into

consideration the impacts on cultural and

natural heritage values; and

• recognise and address the need for a balance

between competing values, as well as regional

and inter-generational equity and ecologically

sustainable development principles.

7.1.3 Conservation of Significance

The MDBC must ensure that issues relating to

the monitoring and management of impacts are

incorporated into the conservation management

planning process by following the general

objectives listed below.


Landscape Plan of Management will:

• have as an objective the conservation of the

cultural and natural significance of the

Lakeshore generally and any specifically

identified heritage places;

• be based on an assessment of the cultural and

natural heritage significance of the Lake,

which will be agreed to by the Lake Victoria

Advisory Committee. This will include

Aboriginal heritage, historic heritage, and

natural heritage values and the identification

of any significant sites in the area covered by

this Consent;

• provide for the identification of sites of special

significance and their protection. Sites of

special significance include those sites advised

by the Director-General from time to time as

having been identified as such by the Lake

Victoria Advisory Committee;

• be refined as information from research,

monitoring and ongoing management is

obtained that allows better understanding of

the interactions between Lake operation,

cultural and natural heritage values,

environmental processes and land

management;

• ensure that the cultural heritage significance

of the area, as defined in the Cultural

Landscape Plan of Management, is conserved

through the care and management of cultural

heritage sites and places; and

• ensure that all techniques used are consistent

with the principles and guidelines of the

Burra Charter, Draft Guidelines for the


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Management of Aboriginal and Torres Strait

Islander Heritage, Australian Natural Heritage

Charter principles and the conditions of this

Consent.


The MDBC will ensure that the CulturalLandscape Plan of Management conserves thecultural heritage significance of the areathrough the care and management of allcultural sites and features, and that it includesstrategies for minimisation of impacts on anddirect physical protection of cultural heritagesites and places. The MDBC will includeamong the protection measures thestabilisation of the Lakeshore by revegetationwith native species to minimise erosion wherethis is compatible with both the cultural andnatural significance.

8. Strategies for Revegetation


The MDBC will include in the Cultural

Landscape Plan of Management strategies for

revegetation of Lakeshore vegetation using

ecological principles suitable for establishment of

viable native vegetation communities where this

is compatible with both the cultural and natural

significance of the sites and places, as well as

strategies to manage significant aspects of the

physical landforms, including palaeontological

sites.


The MDBC will ensure that the CulturalLandscape Plan of Management conserves thenatural heritage significance of the areathrough the care and management of naturalfeatures and habitat and throughminimisation of impacts on the naturalenvironment.

9. Research Activities


The development of the Cultural Landscape

Plan of Management will involve additional

research and investigation to understand the

nature of the impacts on cultural and natural

heritage values as part of the conservation

management planning process. The MDBC will

ensure that any research undertaken as part of

the Cultural Landscape Plan of Management is

guided by the following principles:

• all research undertaken at the Lake must be

consistent with the Cultural Landscape Plan

of Management;

• research on cultural heritage is consistent with

the aims of improving the understanding of

impacts on cultural heritage, or improving the

understanding of the nature or significance of

the cultural heritage, or improving the

understanding of techniques to reduce the

impacts of the activity on cultural heritage;

• research activities, including the development

of monitoring strategies, will be reviewed by

the Advisory Committee prior to

implementation;

• priority will be given to any issues that the

Director-General identifies, having regard to

the matters in this Consent;

• all research will be consistent with a plan of

research which will be prepared as part of the

Cultural Landscape Plan of Management, and

will include the objectives of the research,

proposed methodology, how the results will

be reported and incorporated into

management actions and a consultation

process with the local Aboriginal community.


The MDBC will incorporate a Research Planinto the Cultural Landscape Plan ofManagement.

10. Monitoring Cultural Heritage


This Consent requires that impacts to Aboriginal

relics should be minimised. The MDBC must

therefore include in the Cultural Landscape Plan

of Management strategies to monitor the impact

of the activity directly on cultural heritage by

means of regular inspections to identify and

record where heritage material is being

disturbed, and strategies for ongoing contact


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with the elders on the changing assessment ofsignificance.

This Consent does not cover Aboriginal burials.If the MDBC considers that there is anylikelihood of its activities leading to burials beingdamaged, then it must immediately cease suchactivities and notify the Director-General.Protection measures must then be put in placeby the MDBC consistent with theaccompanying section 87 Permit, and with theCultural Landscape Plan of Management.MDBC must refer the proposed protectionworks to the Advisory Committee for advice toensure the works are culturally appropriate.

If the MDBC considers that there is anylikelihood of its activities leading to relics notcovered by this Consent being damaged, then itmust immediately cease such activities and notify

the Director-General. A separate s90 Consentmay be required in such cases.


The MDBC will ensure that the CulturalLandscape Plan of Management includes theregular monitoring of cultural heritage,particularly targeting the recording,protection and monitoring of any new in situburials, and of any sites identified as being ofspecial significance, according to measuresdescribed in detail in the section 87 Permit.The MDBC will record any new burialsdiscovered, and will ensure that the AnnualReport includes details of this recording.

11. Monitoring Burial Protection Works


Physical protection works have already beenconstructed over the known major Aboriginalburial grounds, and small individual protectionmounds built over individual burials on theLakeshore. The MDBC will continue to refinethe current monitoring and maintenanceprogram for these works, and will continue toassess the efficacy of the works, and repair ormodify them as necessary.


Where works have been constructed for thepurpose of protecting burials and othersignificant relics and sites from physicalimpact, a monitoring and maintenanceprogram will be established, and this will beincluded in the Cultural Landscape Plan ofManagement.

12. Understanding, Assessing andMonitoring the Environment, Impactsand Mitigation Actions


The shoreline environment at Lake Victoria isdynamic and evolving, and is influenced by awide range of interacting factors, not all ofwhich are subject to human control ormanagement. The factors contributing to the

dynamics of the Lakeshore include: the nature ofthe underlying geology and geomorphology; thenature of the Lakeshore vegetation and post-European impacts on it; the regional climate; theeffect of weather and of wind, water and waveaction; the effect of human intervention on theseprocesses through historic changes in land-usearound the Lake and the historic regulation ofthe river and Lake system; and the impacts ofstock, feral animals and native species on boththe Lakeshore sediments and vegetation.

MDBC must investigate and monitor theLakeshore to identify the importance of thesefactors and develop an understanding of thedynamics of the environment of the Lakeshore.MDBC must use this knowledge andunderstanding to develop appropriate andfeasible physical methods for stabilising priorityareas where necessary for the conservation ofcultural and natural significance.

Cultural heritage materials, including burials,and both Aboriginal and European relics, occurwithin and on the Lakeshore sediments. Thesematerials may be affected by all the processesaffecting the Lakeshore sediments, both singlyand in combination. The MDBC must identifyand develop an understanding of the nature anddistribution of Lakeshore geomorphological


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units, distinguishing between pre-regulation

sediments, in situ cultural heritage material, and

post-regulation reworked sediments. The MDBC

must identify and assess the range of physical

processes affecting this geomorphology, such as

rainfall, wind and wave activity, as well as

sedimentation and erosion rates, and their

interactions. The investigation and monitoring

of vegetation and the impact of biological agents

must also be integrated with the investigation

and monitoring of physical processes, since these

interact with the physical processes. The MDBC

must then use this understanding and assessment

to develop erosion management measures that

are focussed on protecting historically

undisturbed sediments containing in situ cultural

material, or that have intrinsic geomorphological

significance.

All investigation, assessment and monitoring

activities will utilise current best practice. The

results of all the investigations, monitoring and

assessment activities will be noted in the Annual

Report.



Landscape Plan of Management contains a

strategy for the identification, assessment,

monitoring, and where possible, management

of all physical and biological processes

affecting the stability of the Lakeshore. The

strategy will include the identification of

priority areas for minimising erosion around

the Lakeshore, focussing on historically

undisturbed sediments, especially those

containing in situ cultural material, or that

have intrinsic geomorphological significance.

The Strategy will also contain actions for the

minimisation of erosion, taking into account

the broader cultural landscape values. Where

measured erosion excluding movement of

drifting sand in priority areas is greater than

2 centimetres per annum, the MDBC will

review the causes of erosion and provide a

copy of that review to the Director-General.

The review will include any measures

proposed to reduce the rate of erosion, and

the timetable for their implementation. Any

changes to strategies in the Cultural

Landscape Plan of Management resulting

from information collected in the monitoring

program must be referred to the Lake Victoria

Advisory Committee for comment and

approved by the Director-General.

13. Monitoring Vegetation


The MDBC must identify the nature and

distribution of Lakeshore vegetation, including

both native and introduced species, and identify

and assess the range of processes affecting these

and their interactions. Vegetation assessment will

include the distribution, structure, composition,

growth and health of vegetation, and will be

focussed on priority areas. Assessment of the

processes influencing vegetation growth on the

Lakeshore will include both historic and current

factors affecting the Lakeshore such as pre-

regulation land-use, the regulation of the Lake,

the effect of land-use immediately external to the

Lakeshore, physical processes such as soils,

weather, deposition and erosion, and biological

processes such as stock, feral and native animal

trampling and grazing. Vegetation assessment

will also include the potential and feasibility of

restoring the pre-regulation vegetation

communities on the Lakeshore.

In its vegetation monitoring, the MDBC will

address the direct as well as indirect impacts of

the Lake operations and will include the

establishment of permanent sample points to

ensure consistency of sampling. Vegetation

monitoring will also include assessment of the

impact of vegetation on the sedimentation and

erosion of sediments with in situ cultural

heritage that have been identified as priority

areas.


The MDBC will include a strategy for the

ongoing identification, assessment and

monitoring of vegetation on the Lakeshore as

part of the Cultural Landscape Plan of

Management. The strategy will include


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actions for the retention and enhancement ofnative vegetation on the Lakeshore, takinginto account the broader cultural landscapeand cultural heritage values. Where naturalsignificance values, including biodiversityvalues, in identified priority areas aredemonstrably negatively affected by theregulation of the Lake (the activity) and/orthere is a measured decrease in the extent ofvegetation cover by the plant speciesidentified in the CLPoM, the MDBC willreview the causes of vegetation decline andwhere possible, take appropriate correctivemanagement action and report these to theDirector-General.

14. Managing Non-Native Fauna


The MDBC, in consultation with appropriateparties, must identify and assess the nature anddistribution of non-native animal speciesaccessing the Lakeshore. The Plan will includespecific measures for controlling and managingimpacts of non-native animals on the culturaland natural heritage values of the Lake, such asremoving stock and feral animal destructionprograms.


The MDBC will include a strategy for theidentification, assessment, and managementof non-native animals on the Lakeshore in theCultural Landscape Plan of Management. Thestrategy will include actions for the protectionand enhancement of native fauna habitat.

15. Monitoring Water Quality


The MDBC will ensure that the CulturalLandscape Plan of Management addresses thehealth of the aquatic environment of the Lake,insofar as it affects or is affected by the operationof the Lake and the processes acting on theLakeshore area covered by the Plan. It isrecognised that seepage to the Lake, when theLake is maintained at low levels, will concentratesalinity and impact on cultural heritage. It is

recognised that water quality, especially salinity,is an important aspect of managing wetlandenvironments, but it is also recognised that thehealth of the Lake Victoria environment needs tobe considered within the context of the health ofthe overall River Murray system, since the Lakeplays an integral part in the management ofwater quality in the lower Murray–DarlingBasin. The MDBC will ensure that salinitymonitoring continues to be done. The MDBCwill include water quality monitoringinformation related to Lake Victoria in theAnnual Report, and will share information onthe salinity in the River Murray with NPWS aspart of the public distribution of rivermanagement information.


The MDBC will address the role and impactof Lake operations on water quality in theCultural Landscape Plan of Management,taking into consideration the integration ofLake management into the broader waterquality and salinity management activitiesbeing undertaken by the MDBC.

16. Lake Operations


This Consent operates for a period of eight yearsfrom the 28th of August 1998, subject to theconditions and principles outlined in this

Consent. The Cultural Landscape Plan ofManagement will stipulate the policies andstrategies which will guide the operation of theLake to minimise negative impacts on thecultural and natural heritage of the area,including managing environmental values suchas vegetation and water quality. The MDBCmust ensure that any operation of the Lake isconsistent with the Cultural Landscape Plan ofManagement and its objectives, and is alsoconsistent with minimising the likely adverseeffects of Lake operation on the cultural andnatural heritage, and with the establishment andmaintenance of native vegetation.

The MDBC will provide an update on theOperating Strategy for Lake Victoria to the Lake


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Victoria Advisory Committee for theirconsideration as part of the Annual Reportingprocess. The MDBC will consider any adviceprovided by the Lake Victoria AdvisoryCommittee regarding proposed Lake operation.


16.2.1 The Murray–Darling BasinCommission will present an OperatingStrategy for Lake Victoria to the Director-General for approval following consultationby the Director-General with the Director-General of the Department of Land andWater Conservation. The Operating Strategywill exist for the life of the Consent and willbe reviewed and updated by agreementbetween MDBC and NPWS as part of theadaptive management process. The MDBCwill ensure that the operation of the Lake isundertaken in accordance with the approvedCultural Landscape Plan of Management andthe approved Operating Strategy.

16.2.2 The Murray–Darling BasinCommission will notify the Lake VictoriaAdvisory Committee and the Director-General if there are significant changes to theproposed operation of the Lake as outlined inthe Operation Strategy Operation of the Lakeoutside of the proposed regime is onlypermissible if:

• it is consistent with the Cultural LandscapePlan of Management and all relevantconditions (including environmentalmanagement purposes); or

• it is an emergency such as unavailability ormalfunction of key structural assets; or

• changed hydrologic conditions significantlydifferent from the range forecast in theoperating plan, such as a very large floodevent, or an extended drought.

The MDBC must inform the Lake VictoriaAdvisory Committee and obtain the concurrenceof the Director-General before implementing thevariation.

17. Interim Operation of the Lake


In the period until the Cultural LandscapeManagement Plan is approved, the MDBC mayapply in writing for approval from the Director-General for interim operation of the Lake above24.5 metres.


In the absence of a Cultural Landscape Planof Management, where the conditions of thisConsent refer to the provisions includedwithin the Cultural Landscape Plan ofManagement, the MDBC will comply withthe relevant provisions in the draft Plan,provided to NPWS previously, until the Planis approved. Once the Plan is approved, theMDBC must comply with the final Plan.

Prior to the approval of the CulturalLandscape Plan of Management, theapplication from the MDBC for operation ofthe Lake above 24.5 m will identify:

• the reasonably practicable steps that theMDBC has taken to avoid the necessity ofoperating the Lake above 24.5 m and statethat there are no other reasonablypracticable measures available to theMDBC;

• the height and period of filling that theMDBC considers is essential;

• the circumstances which make operation ofthe Lake at that height and for that periodessential;

• the reasons that use of alternative storagesin the water supply system will not providesufficient substitute for the operation ofthe Lake as requested.

The Director-General, if satisfied of thesematters in the application, may approve theapplication subject to the followingconditions:

• the vegetation is monitored for stress andwater level is dropped if vegetation inpriority areas is considered by the Director-General to be showing significant stressfrom inundation;


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• the Lake is operated only to a depth andfor a period that will not threaten viabilityof establishing native vegetation in priorityareas;

• the Lake will not be held at 27 m forlonger than six weeks in any twelve monthsunless in the opinion of the Director-General this is clearly beneficial forvegetation on Lakeshore; and,

• such other conditions as the Director-General considers appropriate.

18. Impacts on Areas Outside of the Lake


Under his responsibilities conferred by the EP & A Act, the Director-General must takeinto account all the impacts of the activity.While this Consent covers the relics at thelocations described in "Schedule B", there areenvironmental management implications forareas outside "Schedule B" which relate to theoperation of Lake Victoria, including potentialimpacts on threatened species, that the MDBCmust address. The regional environmentcontributes to the cultural and naturalsignificance of Lake Victoria and so the MDBCmust also consider the broader regional contextwhen making management decisions.

Salinisation of the land east of the Lake has beenthe subject of investigation by government

agencies over the past decade and the NSWDepartment of Land and Water Conservationcontinues to carry out a monitoring program.These studies have concluded that salinisation isalso a key factor affecting the environment in theregion, including the viability of someproperties.

The preparation and implementation of aregional Action Plan is currently underway forthe area surrounding the Lake. The developmentof this plan is guided by the Lower Murray–DarlingCatchment Management Committee andinvolves local representatives of relevantgovernment agencies and the landowners directlyaffected by the operation of Lake Victoria. Themajor issues for consideration in the

development of the Plan are land salinisationadjacent to Frenchmans Creek, the protection ofcultural heritage sites and the management ofindividual properties under best managementpractices. The proposed Action Plan will addressland management issues associated withincreasing rates of salinisation on propertiesadjoining Lake Victoria.

The MDBC must maintain its awareness of theAction Plan, and any other regional planning orland management processes which may berelevant to the mitigation of any impacts of Lakeoperation on areas outside Lake Victoria. TheMDBC will also share information arising fromits own management and monitoring with otherrelevant land managers. The MDBC should notduplicate the work already underway in theseplanning processes, but must monitor the work

to ensure its completeness. The MDBC mustidentify gaps in the monitoring or mitigation ofimpacts around Lake Victoria, and ensure thatthese gaps are filled by the preparation andimplementation of appropriate strategies.

As a part of this work, the actions in SpecificConditions 18.2 are to be undertaken by theMDBC.


18.2.1 The MDBC will ensure thatgroundwater levels around the Lake and itsadjacent supply channels will continue to bemonitored and that there is ongoing revisionof mapping of areas affected by salinity asinformation from monitoring and modellingindicates changes to groundwater levels in thearea. The MDBC must implementappropriate management strategies to preventor mitigate impacts on the environmentresulting from any rise in groundwater, likelyto be contributed to by the operation of theLake and report these to the Director-General. Such strategies must include atimeframe for implementation. If approved bythe Director-General, these strategies will beimplemented by the MDBC.

18.2.2 The MDBC will host an annualworkshop to discuss hydrogeological research


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and monitoring results and ensure that theseare incorporated into appropriatemanagement strategies.

18.2.3 The MDBC will undertake a naturaland cultural heritage inventory, includingsurvey for threatened species or relics in thearea likely to be adversely impacted upon bysalinisation that is likely to be contributed toby the operation of Lake Victoria over theperiod of this Consent. This will becompleted by December 2000 and reported tothe Director-General. If the revision underCondition 18.2.1 indicates a change to thisarea, than the MDBC will consult withDirector-General about whether it isnecessary to extend this heritage inventory,and shall do so if the Director-General sodirects.

18.2.4 If any Aboriginal relic found is likelyto be damaged, destroyed or defaced bysalinisation due to changes to groundwaterresulting from the Activity, and that relic isnot included in the approval granted underthis Consent, then the MDBC mustimmediately notify the Director-General.

18.2.5 If the monitoring shows that there islikely to be an impact on fauna, faunalhabitat, or any threatened species or itshabitat by salinisation that is likely to becontributed to by the operation of LakeVictoria, then the MDBC will either, whereappropriate, implement a strategy, agreed toby the MDBC and Director-General toprevent the impact of such salinisation or seekan appropriate licence to cover the impact.


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D. SPECIFIC TERMS ANDCONDITIONS FOR S90 CONSENTS

Condition 19: This section 90 Consent is nottransferable.

Condition 20: The Murray Darling BasinCommission shall be responsible for themanner in which any work covered by thisConsent is performed.

Condition 21: An officer of the NationalParks and Wildlife Service, acting on theauthority of the Director-General, may at anytime examine work done or any objectsrecovered under this Consent.

Condition 22: This Consent does not in itselfgive authority to enter or work on freeholdland or leased Crown Land.

Condition 23: Upon publication of anyinformation relating to work done under thisConsent, a copy of such publication(s) shallbe forwarded to the National Parks andWildlife Service, the Lake Victoria AdvisoryCommittee, The Australian Museum –Sydney, and the Australian Institute ofAboriginal and Torres Strait Islander Studies –Canberra, unless permission to do otherwisehas been obtained from the Service.

Condition 24: The National Parks andWildlife Service and The Australian Museummay supply copies of relevant reports asfurnished by the holder of the Consent tolocal Aboriginal communities. Upon requestby the Service, the holder of this Consentshall supply a summary of his/her findingswith photographs, diagrams, etc., as required,to local Aboriginal communities or otherlocal interest groups.

Condition 25: The holder of this Consentshall notify the relevant Archaeologist of theNational Parks and Wildlife Service and thelocal Barkindji community at thecommencement and completion of fieldworkincluding monitoring, and shall supply tothose persons details of field work programsand results. When any new relic is discovered,the MDBC shall notify NPWS as soon aspossible, in accord with section 91 of theNational Parks and Wildlife Act.

Condition 26: The granting of this Consentdoes not excuse the MDBC from anyobligation to obtain any authorisationrequired under any other Act to carry out anypart of the activity.

Condition 27: (a) The MDBC shall cease or restrict activityat Lake Victoria, if the Director-Generalserves on it a notice requiring cessation orrestriction of its activity. The MDBC shallthen carry out such steps as are required bythe Director-General in his notice, and in thetime required in that notice.

(b) The Director-General may only servenotice under paragraph (a) if:

1. No Cultural Landscape Plan ofManagement is submitted to theDirector-General pursuant to theseConsent conditions; or

2. Plans, strategies, reports and reviewprocedures required by these conditionsare not submitted when required;

3. A report or review submitted to theDirector-General in accord with theseconditions reveals that the activity is notbeing carried out substantially inaccordance with the conditions of thisConsent; or

4. The Director-General is reasonably ofthe opinion that the MDBC is notcarrying out the activity in a mannerwhich is substantially in accord with theconditions of this Consent;

5. The MDBC has been directed to addressan emerging issue related to impacts onthe environment arising from theoperation or management of LakeVictoria, and the Director-Generalconsiders that it has not been addressedwithin a reasonable time.

(c) The Director-General may amend orrevoke any notice served under paragraph (a),or serve further notices under paragraph (a)from time to time.


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E. SPECIFIC CONDITIONSAPPLYING TO THE CONSENT

Condition 28: In carrying out the ActivityMDBC must not damage any critical habitat,harm or pick any threatened species,population, ecological community orprotected fauna, or damage their habitats.The MDBC shall therefore carry out allnecessary monitoring to detect any risk of thisoccurring.

Condition 29: The Consent covers only thoserelics and areas described in Schedules A andB respectively. Aboriginal burials and loosehuman bone fragments are not included inthis Consent but are covered by theaccompanying Section 87 Permit.

Condition 30: The Consent is granted tocover only the operation of Lake Victoria asconditioned by this Consent and subject tothere not being discovered in the course ofthis operation any other relics which will bedamaged or destroyed by the continuation ofthe operation. (Destruction of such relicswould require the granting of a separateConsent).


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Appendix 2: References1. Lake Victoria: Finding the Balance—AResponse to the Competing Interests of CulturalHeritage, Environment and Resource Use;Environmental Impact Statement; MurrayDarling Basin Commission February 1998.

2. Lake Victoria Operating Strategy; MurrayDarling Basin Commission March 2002

3. Clause 91 Determination Report, Under Part 5 of the Environmental Planning andAssessment Act (1979), “Lake Victoria: Findingthe Balance, Environmental Impact Statement”,NSW National Parks and Wildlife Service.



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Lake Victoria C

ultural Landscape Plan of Managem

entM

AY 2002


Documents

Lake Victoria Operating Strateg y...Lake Victoria Access Protocol 65 Protocol for the Employment of Aboriginal Workers at Lake Victoria 68 Lake Victoria Cultural Landscape Plan of