ORIGINAL FILE Reporting-Breach-Cultural-Heritage-Duty-of-Care-31-Jan-2017
Bulwai Cultural Heritage Lions Club
PO Box 661, Kuranda QLD 4881
Phone: 07 4093 9008
Date: 31 January 2017
To: Queensland Government, Department of Aboriginal and Torres Strait Islander Partnerships via email
CC: Kuranda Region Planning Group
SITE: BARNWELL 12 RURAL TITLES/ KUR-World Integrated Eco-resort/ KUR-COW, KURANDA
I am reporting the following five (5) actions, resulting in breaches of Cultural Heritage Duty of Care on the SITE:
A EARTHWORKS SITE1 16°49’1.65″S 145°36’5.83″E
Dam earthworks is a deep disturbance of earth extending at least 8m into clay ‘natural ground’. 7,625m3 earth cut-to-fill, on seasonal rainforest creek, within 1km of Barron River. *Category 5 – Activities causing additional surface disturbance. 7,625m3 major earthworks > 50m3 illegally constructed. Sustainable Planning Act 2009 578 Carrying out assessable development without permit.
B EARTHWORKS SITE2 16°49’12.47″S 145°36’3.46″E
Site2 earthworks is a cut, grading and smoothing of earth extending at into top soil, clay ‘natural ground’ visible. Approx. 1,000m2 within 50m permanent rainforest creek, within 1km of Barron River. *Category 5 – Activities causing additional surface disturbance. Earthworks > 50m3 illegally constructed. Sustainable Planning Act 2009 578 Carrying out assessable development without permit.
C EARTHWORKS SITE3 16°49’9.34″S 145°36’7.01″E
Site3 earthworks is a deep disturbance of earth extending at least 4m into clay ‘natural ground’. Unknown volume of earth cut-to-fill, disturbed material from dam used for fill, within 50m permanent rainforest creek, within 1km of Barron River. *Category 5 – Activities causing additional surface disturbance. Earthworks > 50m3 illegally constructed. Sustainable Planning Act 2009 578 Carrying out assessable development without permit.
D EARTHWORKS SITE4 16°49’8.55″S 145°36’5.96″E
Site4 earthworks is a cattle yard built with fill on top of natural ground, disturbed material from other earthworks used for fill. Within 50m permanent rainforest creek, within 1km of Barron River. *Category 5 – Activities causing additional surface disturbance. Earthworks > 50m3 illegally constructed. Sustainable Planning Act 2009 578 Carrying out assessable development without permit.
E UP TO 200HA FOREST CLEARING / SCRAPING LAND – Northern 6 rural titles
Published map ‘The Boundaries of the DJABUGAY – YIDINY Speaking BAMA of the Cairns Rainforest Region’ demonstrates Cultural Heritage footpad as a main thoroughfare through the SITE extending from the south of the property at The Billabong up through to the north of the SITE where it carries on through to the Barron River.
Up to 200ha of historical cattle property (family owned) cleared of recovering rainforest species, earth scraped, deep ripping machines for improved pastures (not previously necessary for historical Barnwell family). Kilometres of permanent creeks to within 50m. *Category 5 – Activities causing additional surface disturbance. Nature Conservation Act 1992 Clearing in designated high risk area without a Flora Survey or permit to clear.
SOURCE: https://www.youtube.com/watch?v=nHsc8qruPIY
This land was not settled by Europeans until the late 1800’s. It has only been 100 years since the removal of all my people – through death or incarceration – including the site of the historically zoned rural Barnwell property / KUR-World project area. We have not had a chance to re-enter the land to retrieve artifacts and to note sacred sites and areas of cultural significance to the original people, and its descendants, for future references to our heritage, our history, and our connection to Bulwai country.
Along with the in-forest Bora Rings some very fine river side campsites were to be found all along the Mighty Barron River and tributaries – and we fought to the death for this land. When it started we were 90,000 strong on this land… and within a short 30 years our population was decimated to less than 100. We were massacred by guns, poisons, fire, herded over cliffs, raped and tortured and whoever survived… they were converted to religion in 1913 when Mona Mona Mission was established.
The recent ABC News article (24 Nov 16) cited below demonstrates excavations turning up Cultural Heritage that needs to be documented and understood for historical purposes. This duty of care is now enshrined in law.
The team also found teeth and limb bones from the Macropus Titan, a giant extinct kangaroo, and Aboriginal artefacts.
“In the 1970s it was thought that some of the fossils may have been quite young — around the 25,000 year-old mark — but more recently some people have surmised they might be 50,000 to 80,000 years old,” Dr Garvey said.
My people have a legal right to the Cultural Heritage Duty of Care of others on this SITE, as inscribed in Aboriginal Cultural Heritage Act 2003 (my notes in italics):
Part 3 Protection of Aboriginal cultural heritage
Division 1 Key cultural heritage protection provisions
23 Cultural heritage duty of care
[see table in ORIGINAL FILE]
Your urgent reply on this matter would be greatly appreciated.
Yours sincerely
William Brim
Bulwai Cultural Custodian
Bulwai Cultural Heritage Lions Club
Djabugay-Bulway-Yirrgay-Nyakali-Guluy People (QC2015/005)