Amendment – Aboriginal Heritage

Aboriginal Heritage DCP Amendment

Council is proposing to update the Bathurst Regional Development Control Plan 2014 (DCP) in relation to Aboriginal Heritage controls. The intention is to assist in protecting Aboriginal Heritage, and to provide further clarity for development application requirements. 

The proposed amendments are informed by the Bathurst Regional Aboriginal Heritage Study that was completed in 2016. The study included archaeological sensitivity mapping and identified a large number of Aboriginal objects and sites within the Bathurst Local Government Area (LGA). However it is acknowledged that the full extent of Aboriginal archaeology that is located in the Bathurst LGA is not fully known given that most land is under private ownership.

The proposed amendments seek to embed current legislative requirements with respect to Aboriginal heritage assessment into the DCP and to better protect Aboriginal heritage and the 40,000 years of Wiradjuri habitation that predated Bathurst, the first European inland settlement. In addition, the amendments seek to:

• Remove outdated requirements currently in the DCP.
• Link the sensitivity mapping from the Bathurst Regional Aboriginal Heritage Study 2016 to the DCP.
• Provide further clarity in relation to development application requirements.

A summary of the proposed amendments is as follows:

• Provide cultural context for Aboriginal Heritage significance and assessment under the DCP 2014.
• Translate the Bathurst Regional Aboriginal Heritage Study into development controls.
• Define what an Aboriginal object or site of heritage significance means.
• Outline the key assessment reports that may be required and what they involve.
• Explain when Aboriginal heritage investigation may or may not be required.
• Explain what to do when unexpected finds are encountered.

With respect to archaeological sensitivity, a ‘probability of finding archaeological materials’ table is included which links the archaeological sensitivity mapping included in the Study to the DCP 2014. The intention behind this element is to provide an early indication of the breadth of Aboriginal Heritage assessment that may be required and to encourage best practice with respect to siting development.

The proposed amendments do not introduce any new requirements that are not already included in the NSW National Parks & Wildlife Act 1974, the Heritage Act 1977 or the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW. 

There is no new DCP map in relation to this amendment. 

A copy of the draft DCP and an Explanation Document is available in the document library.

HAVE YOUR SAY

The community can provide feedback on the draft DCP. Submissions can be made in writing between 4 September 2023 and 4pm on 3 October 2023.

If you would like to talk to Council about the draft amendments, please contact Council’s Environmental, Planning and Building Services Department on 02 6333 6211 or council@bathurst.nsw.gov.au 

To make a written submission:

Complete the online survey below, OR: