As we’ve stated previously, we waited for 18 months for the Response to Submissions (RTS) for the Springdale project to be lodged. Renew Estate on several occasions claimed it couldn’t be finalised because they were waiting on the results of sub-surface archaeological testing (SAT). The RTS was finally lodged at the end of May 2020 without the SAT.

Legal advice sought by RES regarding the SAT stated that there is no legal or policy requirement for the SAT to be carried out pre-approval and that there is precedence for the SAT to be managed by way of a condition of the development consent. The legal advice also stated that in their view it is possible for the decision-maker (either the Department of Planning, Industry and Environment (DPIE) or the Independent Planning Commission (IPC) to consider the impacts to Aboriginal cultural heritage pre-approval, based on information already provided to the DPIE.

RES’s letter of 26 May 2020 to the DPIE proposed that the SAT be imposed as a condition of consent and would be conducted post-approval. RES’s reasons for not conducting the SAT pre-approval is that it will cause an unacceptable delay to the assessment process (seriously!!!), and the SAT will cause more soil disturbance than necessary. They also said that … “unnecessary additional testing would also have substantial time and cost implications“. https://majorprojects.planningportal.nsw.gov.au/prweb/PRRestService/mp/01/getContent?AttachRef=SSD-8703%2120200603T232218.431%20GMT

The SSAG has previously asked the DPIE questions about the timing of the SAT. We refer to DPIE’s letter to the SSAG dated 20 August 2020 (see below), where it stated, “In May 2020, the new Applicant (RES Australia Pty Ltd) provided a letter to the Department that it proposed to undertake subsurface testing following determination and would accept a condition of consent to undertake subsurface testing prior to the finalisation of the detailed design of the project.

The Department accepted this approach and is completing its detailed assessment of the merits of the project and is examining all the issues raised during consultation by key agencies, Council, the local community and interest groups including those raised by the Sutton Solar Action Group.”
DPIE ltr to SSAG 20200820.pdf

SSAG’s question is, if this matter was settled in May 2020, why does the letter from DPIE’s Biodiversity Conservation Division (BCD) (see link below) in RES’s response to DPIE’s request for further information (RFI) dated 18 June 2020, still recommend that the SAT should be undertaken prior to project approval? The BCD’s position is that it would not only inform the detailed design of the solar development, but also to address the concerns about the significant cultural values of the Springdale area raised by Ngunawal and Ngambri Elders following the assessment.

Also in the legal advice to RES it explains that because the proposed Springdale development is a State Significant Development (SSD) that cancels out some of the required permits to undertake development.

…”Relevantly, an Aboriginal heritage impact permit issued under section 90 of the National Parks and Wildlife Act 1974 (NSW) is not required for the Project because it is a State significant development (EP&A Act, section 4.41(1)(d)).
https://majorprojects.planningportal.nsw.gov.au/prweb/PRRestService/mp/01/getContent?AttachRef=SSD-8703%2120200603T232218.431%20GMT

These SSD’s are rather unique in that the decision maker, either the DPIE or the IPC can use their discretion about not only matters about water crossings but also Aboriginal cultural heritage.

The following are some recent local cases relating to Aboriginal cultural heritage

On 17 August 2018 the Derrawa Dhaura Aboriginal Place or Gollion Ochre Quarry in Sutton was declared as an Aboriginal significant place on farmland which is less than 3.5 kms from the proposed Springdale development site. See links below

https://www.environment.nsw.gov.au/heritageapp/ViewHeritageItemDetails.aspx?id=5066529

https://www.canberratimes.com.au/story/6247395/farms-history-as-significant-aboriginal-site-celebrated/

The following map shows the local region and the Aboriginal groups

Commonwealth government development proposal in Canberra halted

This story arose in June 2020 in relation to a proposed development near Mt Ainslie. This falls in the same region as Sutton in the map above. See links below for more information on this issue.

https://www.abc.net.au/news/2020-06-24/doma-development-mount-ainslie-assessment-indigenous-heritage/12387110

https://www.abc.net.au/news/2020-06-22/tennis-court-apartments-to-be-built-over-sacred-aboriginal-site/12372466

https://www.facebook.com/watch/?v=581121486174951

Based on this information it is not unreasonable to assume that the site of the proposed Springdale development could contain significant cultural values.