FAQs
Guide to Investigating, Assessing and Reporting on Aboriginal Cultural Heritage in NSW (2011)
Aboriginal Cultural Heritage Consultation Requirements for Proponents (2010)
Code of Practice for Archaeological Investigation of Aboriginal Objects in NSW (2010)
Applying for an Aboriginal Heritage Impact Permit: Guide for Applicants (2011)
Guide to Aboriginal Heritage Impact Permit Processes and Decision-making (2011).
The Land Council receives the development proposal information from the proponent.
Officers from the Land Council undertake and gather relevant background research on the subject site.
The Land Council refers the development proposal information (including background research) to the relevant Cultural Knowledge Holders *.
The Cultural Knowledge Holders will examine referral information and arrange / undertake a joint inspection (if required) with the Land Council *.
The Land Council and the Cultural Knowledge Holders will discuss and document findings of the joint inspection and exchange relevant cultural knowledge.
The Cultural Knowledge Holders will then provide a formal response to the Land Council.
The Land Council will provide a formal response to the proponent of development as soon as possible following the receipt of information from the Cultural Knowledge Holders.
The Land Council will also provide the Cultural Knowledge Holders with a copy of the formal response provided to the proponent of development.
Preparation and initial research undertaken for each site.
Site inspection.
Assess and summarise findings.
Administration costs.
Development proposals that are located north of Moonee Beach: $495 (incl GST) *
Development proposals that are located south of Moonee Beach: $330 (incl GST) *
Enabling the complying development pathway to be used where a comprehensive cultural heritage assessment has been undertaken for the subject land as part of a previous development application or local environmental plan amendment.
Clarification of referral process timeframes to ensure that development assessment timeframes are not impacted by the processes within the Plan. The proposed amendments will clarify the 28-day timeframe for a response from the Land Council where the City refers a development application. The changes will also note that the City may determine development applications where no response has been received from the Land Council within the 28-day notification period.
Ensuring that the processes within the Plan do not apply to development proposals on land mapped as Known Aboriginal Cultural Heritage where no ground disturbance is proposed as part of the development.
Clarification that where early consultation has occurred with the Land Council prior to the lodgement of a development application, the application may not need to be referred to the Land Council by the City as part of the assessment of the application if no issues were identified as part of the early consultation process.
Clarification of the conditions to be imposed on development approvals relating to cultural heritage matters. The proposed amendments to the Plan will clarify that development proposals identified as a low risk will include a condition of consent that requires the proponent to enact stop work procedures if an Aboriginal relic or object is discovered during site works. The proposed amendments to the Plan will also clarify that a condition will be imposed on development approvals for a site officer to be present on-site as part of site works where an Aboriginal Cultural Heritage Assessment Report includes a recommendation with this requirement.
Ensuring that low impact development proposals on land mapped as Predictive Aboriginal Cultural Heritage or unmapped, do not require a referral to the Land Council or the preparation of an Aboriginal Cultural Heritage Assessment Report where an AHIMS site(s) is not identified within the boundaries of the development site.
Ensuring that certain types of development in significantly and moderately altered urban environments on land mapped as Predictive Aboriginal Cultural Heritage (including dwellings, pools and shed) do not require a referral to the Land Council or the preparation of an Aboriginal Cultural Heritage Assessment Report. The proposed amendments will also assist proponents of development with the interpretation of the Risk Matrix Table in the Plan.
Why did we prepare the Aboriginal Cultural Heritage Management Plan?
The local Gumbaynggirr Aboriginal community have been advocating for the protection and management of Aboriginal cultural heritage for many years. The City is committed to positively and proactively managing the development and growth of Coffs Harbour and it has an important role in managing heritage objects and places in the local government area. The City fulfils this role through the preparation of local environmental plans, development control plans, strategic planning projects, heritage management plans, development assessment and ongoing promotion and education.
It is also important to understand that the legislative protection of Aboriginal cultural heritage, as supported by the Plan, is not new. The National Parks and Wildlife Act (NPW Act), 1974 provides specific protection for Aboriginal objects and places by making it an offense to ‘harm’ them. Harm includes – ‘to destroy, deface or damage an Aboriginal object or Aboriginal Place, and in relation to an object, move the object from the land on which it has been situated’. The NPW Act is supported by guidelines and processes to manage any potential impact or harm.
Protection of Aboriginal cultural heritage is supported by State Government policy, the North Coast Regional Plan 2041 and further supported locally in the Coffs Harbour Community Strategic plan and the Coffs Harbour Local Environmental Plan 2013.
The Plan does not replace the provisions of the NPW Act. Instead, the plan has instead undertaken a local government area-wide assessment to identify where there is known Aboriginal cultural heritage and where there is a high potential for Aboriginal cultural heritage in order to assist landowners, applicants and developers understand their risk of harm, legislative obligations and to clarify the level of assessment required with any development proposal that will result in potential ground disturbance.
How has the Aboriginal Cultural Heritage Management Plan been prepared?
The Plan was prepared by the City of Coffs Harbour, consultant archaeologists Virtus Heritage and GHD Pty Ltd. The Coffs Harbour Aboriginal Cultural Heritage Map, which accompanies the plan was prepared by the (former) NSW Office of Environment and Heritage, with funding provided by the City of Coffs Harbour.
The Plan was developed in partnership with the NSW Government, the Coffs Harbour and District Local Aboriginal Land Council, local Elders groups and Gumbaynggirr Cultural Knowledge Holders.
The Plan draws this history and mapping information together and outlines the assessment and management requirements for the mapped areas.
How was the Coffs Harbour Aboriginal Cultural Heritage Map prepared?
The Map was developed by the NSW Government and consultants Ian Fox and Associates in collaboration with the Coffs Harbour and District Local Aboriginal Land Council, Guymbaynggirr Cultural Knowledge Holders and the City of Coffs Harbour.
The methodology underpinning the Map is based on criteria to capture both oral and recorded Aboriginal knowledge of sites and of country connections, as well as biophysical aspects of the landscape.
The Map is a landscape model in recognition that Aboriginal objects are not isolated, but are part of a larger, interconnected cultural landscape that reflects a long history of human interaction with the environment.
Preparation of the Map included the review, assessment and ground truthing of sites currently registered in the Aboriginal Heritage Information Management System and other documented resources, community held knowledge, assessment of landscape characteristics within the context of traditional Aboriginal settlement, resources, pathway, cultural and spiritual practices.
The City acknowledges that the Map is dynamic and over time it will be updated progressively as cultural values and knowledge change, and new information becomes available. The Management Plan includes actions to update the Map and include additional sites.
Known Aboriginal Cultural Heritage
Land mapped as ‘known’ on the Map denotes known Aboriginal cultural heritage landscapes and may comprise tangible and intangible Aboriginal cultural heritage.
Section 1.72 of the Management Plan provides further information on the data informing ‘Known Aboriginal Cultural Heritage’ on the Map.
Predictive Aboriginal Cultural Heritage
Land mapped as ‘predictive’ on the Map includes landscapes which are highly likely to contain Aboriginal cultural heritage.
Section 1.73 of the Management Plan provides further information on the data informing land mapped as ‘Predictive Aboriginal Cultural Heritage’.
What is included in the Aboriginal Cultural Heritage Management Plan?
The Plan includes a thematic history of Aboriginal heritage, which is presented in three periods of time that are critical periods which shape and transform Gumbaynggirr and historical Aboriginal families’ history within the Coffs Harbour region.
The Thematic History is included in Appendix A of the Plan.
The Plan also refers to the Coffs Harbour Aboriginal Cultural Heritage Map, which has been prepared using a methodology to assess known and predictive Aboriginal Cultural Heritage. This methodology is within the context of an understanding of the Aboriginal history, land use and sophisticated resource knowledge, cultural and spiritual practices, patterns of movement and the complex affinity of Aboriginal people with their Country.
Further information on the mapping can be found in Part 1 of the Plan.
The Plan pulls the thematic history and mapping together to provide a picture of Aboriginal cultural heritage in the Coffs Harbour local government area, and to assist property owners, land managers, applicants and developers understand the potential risk of harm from certain works. The Plan outlines the actions, processes and procedures required, consistent with legislative requirements, to avoid harm to Aboriginal cultural heritage.
Further information on these requirements can be found in Part 2 - Consultation, and Part 3 – Planning Assessment Framework, of the Management Plan. The legislative requirements are outlined in Part 6 – Legislation, of the plan.
How has the City consulted with the community, landowners and industry on the development of the Management Plan?
In 2016, the NSW Government commenced an Aboriginal cultural heritage mapping process for the Coffs Harbour Local Government Area (LGA) on behalf of the City through a memorandum of understanding. In 2018, the Coffs Harbour Aboriginal Cultural Heritage Map was finalised by the NSW Government. The Map was developed with extensive consultation and involvement with the local Aboriginal community, including research of historic documents, advice from Cultural Knowledge Holders and site visits.
The Management Plan was subsequently developed by the City to support the cultural heritage mapping. In developing the plan, the City undertook extensive community and stakeholder engagement in accordance with its Community Engagement Strategy. This engagement included formal public exhibition of the Management Plan and cultural mapping, public notices on the City’s website, a dedicated Have Your Say webpage, eNewsletter items, social media posts (Facebook and LinkedIn), direct emails, and multiple industry information sessions.
Consultation on the current review of the Management Plan has also been undertaken in accordance with the City’s Community Engagement Strategy. This engagement also included formal public exhibition, a dedicated Have Your Say Page, social media posts, direct emails, targeted industry stakeholder consultation sessions and an information session with residents of Red Rock that made a submission on the current review.
The City’s website contains a substantial amount of information, including step-by-step guidance for applicants, frequently asked questions, and details about the development of the Management Plan and associated cultural heritage mapping. Aboriginal Cultural Heritage Management Plan processes and factsheets can be found on the Council website here: Aboriginal Cultural Heritage Management Plan | City of Coffs Harbour
What is Aboriginal cultural heritage?
Aboriginal cultural heritage is a living heritage – one of the most ancient living cultures around the world. Aboriginal cultural heritage includes tangible sites - things we can touch and see, such as stone artefacts, rock shelters, grinding grooves, middens and scarred trees. But it also includes the intangible - the stories, knowledge and practices shared and passed down by Aboriginal families from generation to generation through the millennia.
Aboriginal Cultural heritage is not confined to sites. It also includes peoples’ memories, storylines, ceremonies, language and ‘ways of doing things’ that continue to enrich local knowledge about the cultural landscape. It involves teaching and educating younger generations. It is also about learning and looking after cultural traditions and places and passing on knowledge. It is enduring but also changing. It is ancient but also new.
How do customers and residents access the online cultural heritage mapping and understand the different colours on the map?
Customers can access the City’s online mapping on its Website: Online mapping tool | City of Coffs Harbour. Instructions on accessing the mapping are provided through a video.
To understand the different colours on the Coffs Harbour Aboriginal Cultural Heritage Map, customers need to click on the plus sign + to expand the legend.
Customers can adjust the map layers opacity (i.e. how bright the map is) by clicking on the name of the map layer and dragging the slider towards 100%. This makes the colours more solid and easier to see.
What is an Aboriginal Cultural Heritage Assessment?
Aboriginal cultural heritage assessment includes the process to investigate the potential for harm to Aboriginal cultural heritage values and to clearly identify those impacts (both avoidable and unavoidable) in accordance with the requirements of the NSW Government (Heritage NSW).
The process includes investigation and assessment to determine the likelihood of Aboriginal cultural heritage values; the location and extent of any cultural heritage objects or place; potential for harm to those values; whether potential harm can be avoided; and where impacts cannot be avoided, to provide context and justification for why the harm is acceptable with appropriate mitigation and management. It includes the assessment of scientific and cultural values and is usually prepared by an archaeologist and heritage consultant with Aboriginal stakeholders.
What is the role of the Coffs Harbour & District Local Aboriginal Land Council?
It is widely recognised at all levels of government that the Aboriginal people are the custodians of their cultural knowledge. This is reflected in all levels of government policy and is a key part of the Plan
The Coffs Harbour and District Local Aboriginal Land Council (Land Council) is entrusted under the provisions of the NSW Land Rights Act, 1983 with taking action to protect the cultural and heritage of Aboriginal people; promoting the awareness of Aboriginal culture and heritage in the Coffs region; and voicing the position of local Aboriginal people.
The City acknowledges and respects the connection of local Aboriginal communities to their ancestral country and the right of Aboriginal people’s interests to inform its planning processes.
The City has worked closely with the Land Council and the local Aboriginal community through the development of the Plan to identify Aboriginal cultural heritage in a manner that is acceptable to the Aboriginal people. This has included the development of planning processes that are inclusive and engaging of the Aboriginal community and knowledge whilst integrating with the NSW planning and development assessment framework.
The Plan includes planning processes that require consultation with the local Aboriginal community with the Land Council being the first point of contact and the conduit between cultural knowledge holders and the City.
The process required by the Management Plan is negatively impacting land values
The processes within the Management Plan are primarily focused the protection of cultural heritage in accordance with legislative requirements. Impacts on land values fall outside the scope of the Management Plan.
My land is mapped as 'Assessed' on the Coffs Harbour Aboriginal Cultural Heritage Map, what do I need to do?
The Coffs Harbour Aboriginal Cultural Heritage Map includes a red hatched “overlay” in some locations throughout the local government area. Land that has been assessed in accordance with the Coffs Harbour Aboriginal Cultural Heritage Management Plan as part of a development application will be identified as ‘assessed’ on the Coffs Harbour Aboriginal Cultural Heritage Map.
This means the site has been subject to a previous comprehensive Aboriginal Cultural Heritage Assessment undertaken in consultation with the Land Council and Gumbaynggirr Cultural Knowledge Holders, most likely at a previous subdivision stage of an overall development proposal.
No further assessment of Aboriginal cultural heritage is required.
Future development applications for residential development on the land subject to this assessment should include advice from the City issued as part of the Notice of Determination for the associated Subdivision Certificate in relation to this matter.
How do I consult with the Land Council?
The Land Council Office is located at Wongala Estate, Arthur Street, Coffs Harbour. Their contact details are:
PO Box 6150
Coffs Harbour, NSW 2450
Phone: 02 6652 8740
Who can undertake an Aboriginal Cultural Heritage Assessment?
Aboriginal cultural heritage assessment requires specialist advice. The NSW Government’s Code of Practice for Archaeological Investigation of Aboriginal Objects in NSW (2010) stipulates the minimum qualifications required. An Archaeologist (with the minimum stated qualifications) skilled in Aboriginal cultural heritage is required. The NSW Government’s Aboriginal Cultural Heritage Consultation Requirements for Proponents (2010) sets out the consultation requirements.
The process of undertaking an Aboriginal cultural heritage assessment is informed by Heritage NSW requirements, including:
What steps do the Land Council and Cultural Knowledge Holders take when assessing a Development Proposal?
* Note: Different locations within Gumbaynggirr country hold varying amounts of importance for different Elders groups / Cultural Knowledge Holders. Therefore, the number of attendees that are likely to attend a site inspection will depend on the location of the development proposal, as follows:
Development proposals that are located north of Moonee Beach will likely involve three inspection attendees i.e. one representative from the Land Council, one representative from the Garby Elders Aboriginal Corporation, and one Cultural Knowledge Holder (Uncle Tony Perkins).
Development proposals that are located south of Moonee Beach will likely involve two inspection attendees i.e. one representative from the Land Council and one representative from the Garlambirla Guuyu-Girrwaa Elders Aboriginal Corporation.
Does the Management Plan apply to development and projects undertaken by the City?
Yes, the processes within the Management Plan apply to projects undertaken by the City that require approval through the development application process and for activities that require approval and the preparation of an environmental assessment. The processes within the Plan also apply to amendments to Coffs Harbour Local Environmental Plan (i.e. rezoning land) and as part of the development of certain strategic plans.
Does the Management Plan apply to applications to install or amend an On-Site Sewage Management System?
No, the Management Plan does not apply to the installation or amendment/modification of an On-Site Sewage Management System. This is an ‘activity’ that requires approval under Section 68 of the Local Government Act 1993.
Site inspections undertaken by the Land Council and Cultural Knowledge Holders cause delays in the development assessment process.
The proposed amendments to the Management Plan will significantly reduce the number of development proposals required to be assessed by the Land Council and will assist them to respond in a timely manner. The proposed amendments will also clarify the statutory timeframes for referrals of development applications to the Land Council and that the City may determine applications where no response has been received from the Land Council within the 28-day notification period.
What fees do the Land Council and Cultural Knowledge Holders charge to assess Development Proposals?
The process for site inspections and associated fees is a matter for the Land Council/Cultural Knowledge Holders.
The Land Council and Elders Groups / Gumbaynggirr Cultural Knowledge Holders will each charge an hourly rate of $150.00 (ex GST), for a Cultural Heritage Assessment with a minimum 2 hours charge out. This figure includes:
With the above in mind, the minimum fee for a Cultural Heritage Assessment, is:
Where multiple sites are required for assessment, each site will be charged individually in accordance with the agreed fee structure.
The Land Council and/or Cultural Knowledge Holders reserve the right to pass on any direct charges incurred in relation to the conduct of the Cultural Heritage Site Assessment if incurred by either the Land Council or Cultural Knowledge Holders.
* Note: Different locations within Gumbaynggirr country hold varying amounts of importance for different Elders groups / Cultural Knowledge Holders. Therefore, the number of attendees that are likely to attend a site inspection will depend on the location of the development proposal, as follows:
Development proposals that are located north of Moonee Beach will likely involve three inspection attendees i.e. one representative from the Land Council, one representative from the Garby Elders Aboriginal Corporation, and one Cultural Knowledge Holder (Uncle Tony Perkins).
Development proposals that are located south of Moonee Beach will likely involve two inspection attendees i.e. one representative from the Land Council and one representative from the Garlambirla Guuyu-Girrwaa Elders Aboriginal Corporation.
Will I receive a report outlining the observations or findings from the Land Council/ Cultural Knowledge Holders after a site assessment has been undertaken?
Cultural Knowledge Holders may choose not to disclose certain observations or findings following a cultural heritage assessment of a site out of a deep responsibility to safeguard their cultural knowledge, traditions, and community wellbeing.
Many aspects of Aboriginal cultural knowledge are sacred, sensitive, or restricted to particular groups within the community. Sharing such information publicly or outside appropriate cultural protocols can risk misinterpretation, misuse, or commodification. Cultural Knowledge Holders have a duty to protect this information in accordance with traditional law and custom.
Trust and respect for Elders and ancestors’ cultural knowledge is often passed down through generations with strict protocols around who can access it and how it should be used.
The City is working with and supporting the Land Council to ensure that this matter raised by several submissions during consultation, is taken into consideration.
Why is the Aboriginal Cultural Heritage Management Plan being amended?
Since the adoption of the Plan in August 2024, the City has received industry feedback about the performance of the plan and issues associated with some of the processes outlined in the Plan, in particular, low-impact development that is unintentionally being caught up in the processes.
In response to this feedback, the City has undertaken a review of the Plan in collaboration with the Coffs Harbour and District Local Aboriginal Land Council (Land Council) and Gumbaynggirr Cultural Knowledge Holders and has developed proposed amendments to the plan.
The proposed amendments seek to improve the performance of the Plan by enabling a more balanced approach to the assessment of development proposals in relation to Aboriginal cultural heritage matters.
What amendments are proposed to the Aboriginal Cultural Heritage Management Plan?
The amendments to the Plan include:
How can customers and residents find out about City projects that might impact them?
Customers can register on the City’s Have Your Say Page and op-in to receive a regular newsletter with updates on various projects.
Instructions on how to register and access information on the City’s Have Your Say Page are as follows:
Step 1: Visit haveyoursay.coffsharbour.nsw.gov.au.
Step 2: Click “Login/Register” (green button in the middle of page) and complete your details.
Step 3: Once registered, you can submit feedback on current projects and tick the box to receive a regular newsletter with updates and opportunities to get involved.