I think we are missing some points.
The Heritage Act runs in parallel with the Environmental Planning Act and a separate permit is required for the disturbance of relics.
Under the Port Stephens LEP Section 5.10.2 c it is arguable that a development application would be required and under Section 5.10.7 Council is required to notify the Heritage Council of development on a heritage items and to take into account the comments of the Heritage Council.
These are standard provisions in most if not all LEP’s.
However is an underground bunker a relic or a work?
As the definition in the LEP is essentially the same as in the Heritage Act. – I quote from the 2009 Archaeological Assessment Guidelines “ Relevant case law and the general principles of statutory interpretation strongly indicate that a ‘relic’ is properly regarded as an object or chattel. A relic can, in some circumstances, become part of the land and be regarded as a fixture (a chattel that becomes permanently affixed to land)”. Therefore a bunker is likely to be regarded as a work rather than a relic and therefore the provisions of the Heritage Act do not apply unless it can reasonable argued that there are relics involved.
My views on this split between work and relics are well known, it is totally illogical, as it results in things like a buried well (a work) only to be protected if it has relics in it. However that is the way the law is interpreted and it is really up to the archaeological community to work to sort this out (so don’t blame the staff in the Heritage Division). It seems not to be the case in Victoria.
Cheers
Dr Iain Stuart
JCIS Consultants
P.O. Box 2397
Burwood North
NSW 2134
Australia
(02) 97010191
Hi Ian,
I reckon you are right .. and they are regarding it as a work.
I doubt they referred this matter to NSW Heritage .. but I might be wrong.
Cheers, John
----- Original Message -----From:oza...@googlegroups.comTo:"Oz Arch" <oza...@googlegroups.com>Cc:Sent:Sat, 8 Apr 2017 22:06:33 +1000Subject:{OzArch} Bunkers
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Iain
How does this definition of a relic as an object or a chattel, square with the wording in the Heritage Act of a relic being “any deposit, artefact, object or material evidence”? The latter would seem to include soils, or other non-‘object’ materials.
Anyway wouldn’t an underground bunker fall into the category of building: “a part of a building, a structure or a part of a structure?
Jeannette
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Hi Jeanette, Ian, Jon (just being consistent with how people spell the main contributors’ names)),
I agree with Iain that the bunker isn’t a relic, rather a ‘work’, so it isn’t protected by the Heritage Act, unless it is listed as a Local heritage item, but it nevertheless it may contain relics which would be. The definition of ‘relic’ used to include ‘older than 50 years’ to place them into some kind of context but that was removed some time ago.
If the bunker is located on Commonwealth lands then different legislation would apply however Council would know that. If Council is giving permission for dig to occur, it is up to them, rather than the ‘archaeological community’ to be aware of and apply the correct legislation.
My concern is that the bunker might be an important, or rare, example of such WWII structures and that it may well contain relics. The place should be subject to formal assessment prior to its disturbance and, depending on the results, relevant heritage approvals obtained prior to any disturbance of it. It might be that it should be listed for other reasons such as its architectural merit (similar to the Sirius Building here in the Rocks!).
Regards,
Tony Lowe
Casey & Lowe Pty Ltd
T: (02) 9568 5375
M: 0409 988 846
Thanks Tony,
It MAY be a heritage item .. of the "lets be vague" type like lets call half the West Australian Coast a heritage item or the entire Blue Mountains a heritage item.
Not quite so bad as that perhaps council does say this:
"""""
FLY POINT RESERVE
( Fly-Point-Reserve.jpg )
---
On the hunt for a secret WWII bunker at Nelson Bay
"""""
I guess I am a bit of a "Splitter" ... but I myself would endeavour to get more focussed on the facts there and try to break that great concoction of American military wonders, native flora and Aboriginal grave up into separate listed items.
However nobody can make Government do anything they don't want to do; so if that is the way Council wants to lump it all together then I'm sure it will stay that way for quite some time.
Cheers,
John
~~~
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<oza...@googlegroups.com>Cc:Sent:Sun, 9 Apr 2017 09:51:41 +1000Subject:RE: {OzArch} Bunkers
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Nev
Cheers
Elspeth Mackenzie
Heritage Consultant
ERM
I was thinking along the same lines – possibly hand grenade training?
Dr Iain Stuart
JCIS Consultants
P.O. Box 2397
Burwood North
NSW 2134
Australia
(02) 97010191
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I suspect hand grenades and general assault training, maybe even flame-throwers. But I’m wondering if there are any other similar examples still around?
Cheers
Elspeth Mackenzie
Heritage Consultant
ERM
Level 4, 201 Leichhardt St │ Spring Hill │ QLD 4000
PO Box 1400 │ Spring Hill │ QLD 4004
E elspeth....@erm.com │ W www.erm.com
From: oza...@googlegroups.com [mailto:oza...@googlegroups.com] On Behalf Of Iain Stuart
Sent: Tuesday, April 11, 2017 1:29 PM
To: oza...@googlegroups.com
This is the remains of the Wentworth bombing range observation bunker. The photo is from google earth but is not in the right place (a lot of google earth photos in this area are up to 5km out of place). I did work out where it really is some time back, but can’t locate the details at the moment.
While only the foundations survive, there may be a photo of the standing bunker in the Mildura museum of the No. 2 OTU (Operational Training Unit) which used the bombing range in 1942. I’ll check sometime when I’m in Mildura.
As it happens, last weekend in Mildura I went to the 75th anniversary commemoration of the unit (now OCU, conversion not training, because they ‘convert ‘ people with ordinary pilots licences to fighter pilots. ) Attached is my only successful photo of the fly-over by the OCU’s Hornets (they go really fast!) and one cornered on the ground.
Jeannette
--
The smaller plane was a Boomerang. The flyover was on Saturday, but the at the open day on Sunday at the airport, there were two Hornets. I’m not sure what happened to the Boomerang on Sunday.
“A 2OCU F/A-18A Hornet aircraft will conduct a low and slow pass at approximately 150m (500 ft) over the city, followed by a single pass by a WWII vintage Boomerang fighter. The two jets will then join forces for a single pass to mark the end of the parade.”
‘A low and slow pass?’ They went so fast that they had been and gone before you heard the roar!
Jeannette
From: oza...@googlegroups.com [mailto:oza...@googlegroups.com] On Behalf Of GrahamK
Sent: Wednesday, 12 April 2017 1:17 PM
To: OzArch
Subject: Re: {OzArch} Re: Bunkers
Wow
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Hi All,
Elspeth - Is this similar to the bunker you were talking about (see attached photo)? I know it doesn't have an opening on each side, but this is on land that was used by the RAAF to store / detonate munitions during WWII, so presumably it had a similar function.
Jeannette - Thanks for the photo of the Wentworth bunker foundations. The Operational Training Units (OTUs) were a common unit type in British Commonwealth air forces during WWII, and were used to further train those pilots who had done their basic flying training within the air force, on how to fly the aircraft types being used operationally by the front line units. The RAAF operated a total of 8 OTUs during the war. No. 2 OTU was the first of the RAAF's fighter OTUs, initially based at Port Pirie before moving to Mildura, and training pilots how to fly the Kittyhawk, Spitfire, Boomerang, and Wirraway, before being posted to the operational Squadrons. Today, No. 2 OCU does the same sort of thing at Williamtown - it converts those who have done their fast jet training to flying the F/A-18 Hornet.
In regards to the flying display, from what I understand, poor weather may have prevented further flyovers on Sunday - "unfortunately the inclement weather prevented the scheduled P-40 Kittyhawk from Wangaratta and the Wirraway from Temora to take part in today’s display".
Regards,
Daniel Leahy
The smaller plane was a Boomerang. The flyover was on Saturday, but the at the open day on Sunday at the airport, there were two Hornets. I’m not sure what happened to the Boomerang on Sunday.
Hi Cos,
Your post was corrupted and alot was replaced by symbols and so I didn’t get the full gist of what the WO said to you. Any chance you could send it through again?!
Thanks,
Tony
Tony Lowe
Casey & Lowe Pty Ltd
T: (02) 9568 5375
M: 0409 988 846
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Hello Tony,
I have a dictionary of all that .. could look up.
It's special code, has a name .. but that is illegible too.
Cheers, John
----- Original Message -----From:oza...@googlegroups.comTo:<oza...@googlegroups.com>Cc:Sent:
Thu, 13 Apr 2017 12:26:43 +1000
Subject:RE: {OzArch} Re: Bunkers
Hi Cos,
I doubt my bunker would have been used to store or detonate munitions as it has vertical walls and a flat floor and roof as well as the door and sight-holes in each wall. It is far more likely to be an observation post or used for basic general assault training.
Exactly what it would have been observing is still a bit of a mystery as there has only ever been a small cleared area on the ‘observation’ side of the structure and the surroundings are otherwise heavily vegetated.
Thanks for the tips on hand-grenade training, it does sound unlikely this sort of structure would be used for that purpose.
Cheers
Elspeth Mackenzie
Heritage Consultant
ERM
Level 4, 201 Leichhardt St │ Spring Hill │ QLD 4000
PO Box 1400 │ Spring Hill │ QLD 4004
E elspeth....@erm.com │ W www.erm.com