The following map shows the assessment area for Aboriginal cultural heritage which includes a 1km buffer of the project corridor:

Map: Aboriginal cultural heritage assessment area
Map disclaimer

Aboriginal cultural heritage

At the time of European settlement, the Kaurna People inhabited an area extending from Crystal Brook in the north to Cape Jervis in the south and inland to the western edge of the Mount Lofty Ranges. Many historical accounts indicate the Kaurna People moved seasonally, occupying the coastal areas in summer and the inland areas during winter.

Since European settlement in the 1830s, South Road has been subject to significant development and has been highly modified and disturbed by many differing land uses. The likelihood of encountering Aboriginal heritage in highly modified and disturbed areas is low, however there are areas within the T2D Project that may have a higher potential for encountering Aboriginal cultural heritage sites. This includes areas near watercourses, areas that have been minimally modified or where remnant vegetation may remain along the alignment.

While the Adelaide region is currently highly urbanised and subject to extensive historical disturbance, the Kaurna community continue to have strong connection to Country.

Any land, developed or undeveloped, may contain Aboriginal cultural heritage sites of significance to Aboriginal archaeology, anthropology, tradition and history. These sites and objects may relate to Aboriginal spiritual beliefs and ceremonial activities, living patterns and burials and the use of resources such as water, flora, fauna and stone. Sites may be obvious or subtle features in the landscape or may be completely hidden beneath the ground’s surface.

Sites may be obvious or subtle features in the landscape or may be completely hidden beneath the ground’s surface. Some sites may have very little material evidence left but remain significant in the oral traditions of Aboriginal communities.

Attorney-General’s Department, Aboriginal Affairs and Reconciliation - Taa Wika search

A request was submitted to the Attorney-General’s Department – Aboriginal Affairs and Reconciliation (AGD-AAR) to search the Register of Aboriginal Sites and Objects (Taa Wika) for the Project Design (including a 1km buffer) in November 2021 and again in 2023.

Two registered sites were identified within the 1km search area, however these sites are not located within the project corridor. There are no known Aboriginal Heritage sites within the Project corridor. There is a risk, which remains for any infrastructure project, of encountering previously unknown Aboriginal heritage sites, objects or Ancestral remains.

The AGD-AAR advised of eight landscape features that generally carry higher risk for the discovery of Aboriginal sites and objects. Two of those features occur within the project corridor, including:

• areas within close proximity to creeks, rivers, watercourses, lakes, waterholes, rock holes, wells and springs, whether permanent, seasonal or ephemeral, may also contain campsites, stone artefact scatters, burials and other signs of Aboriginal occupation, especially in arid zones
• places bearing Aboriginal names, or place names which are English translations of Aboriginal names or indications of Aboriginal interaction with the landscape.

Aboriginal sites, objects or Ancestral remains may exist within the project corridor, even if the Register does not identify them. All Aboriginal sites are protected under the Aboriginal Heritage Act 1988 (registered or not). It is an offence to damage, disturb or interfere with any site or object, or Ancestral remains without the authority of the Minister for Aboriginal Affairs.

The T2D Project is within the Kaurna Native Title Determination Area (refer to the table and map below). Native title relates to the rights and interests of Aboriginal people in land and waters, according to their traditional laws and customs, where they have maintained a continuous connection with their land or waters.

Details of the Kaurna Peoples Native Title Claim:

• Application name: Kaurna Peoples Native Title Claim
• Date filed: 25/10/2000
• Tribunal file number: SC2000/001
• Federal court file number: SAD6001/1998
• Date claim entered on register: 22/08/2001
• Date claim determined: 21/03/2018

The following map shows the Kaurna Peoples Native Title Claim and Native Title Determination areas:

Map: Kaurna Peoples Native Title Claim Area
Map disclaimer

In March 2018, the Federal Court provided a ruling on the Kaurna Peoples Native Title Claim Area, which determined that native title exists (native title land) over 17 parcels of land within the Determination Area.

None of the 17 parcels of land for which native title was determined are within or in proximity to the T2D Project. As a result, the project design does not encroach on native title land and as a result none of the land where native title exists will be impacted or modified by the project.

The T2D Project is subject to an Indigenous Land Use Agreement (ILUA) between the Kaurna People and the Attorney General for the State of South Australia (Tribunal Number SI2018.004) that was established at the time of Native Title Determination. An ILUA is a voluntary agreement between native title parties and other people or bodies about the use and management of areas of land and/or waters. As ILUA’s are considered not to apply where the Federal Court has determined native title does not exist, as such no further consideration is needed by the project.

The Native Title Vision database, maintained by the National Native Tribunal, has also confirmed that native title does not exist over the project corridor. Native title is generally considered extinguished on freehold land and land within a road reserve that was constructed prior to 1994.

Whilst the Project corridor is within the Kaurna Peoples Native Title Determination Area the project area does not encroach on any of the native title land as such there is no requirement to provide formal notification under the Native Title Act 1993 (Cth) or the ILUA.

Construction impacts

Northern Tunnels

In the Northern Tunnels section, adjoining the open motorway, cut and cover infrastructure and tunnel boring machine (TBM) tunnels will be constructed. As ground disturbance (e.g. excavation and earthworks) is required, there is potential for Aboriginal cultural heritage impacts.

The potential impacts can be summarised as:

• ground disturbance within the River Torrens / Karrawirra Parri and surrounds is required, elevating the risk of encountering unknown or unregistered Aboriginal sites, objects or remains, as creeks, rivers or watercourses which are landscape features known to have potential for Aboriginal heritage values.

Photo: River Torrens / Karrawirra Parri, Taylor's Bridge.

Open motorway

Ground disturbance is required for the open motorway, therefore there is potential for Aboriginal heritage impacts.

The potential impacts can be summarised as:

• ground disturbance within the Keswick Creek and Brownhill Creek / Willawilla and surrounds are required, elevating the risk of encountering unknown or unregistered Aboriginal sites, objects or remains, as creeks, rivers or watercourses which are landscape features known to have potential for Aboriginal heritage values.

Southern Tunnels

In the Southern Tunnels section, adjoining the open motorway, cut and cover infrastructure and TBM tunnels are to be drilled and constructed. While ground disturbance is required, this is an absence of landscape features identified that have potential for Aboriginal heritage value in this section of the project. As such no potential impacts to Aboriginal heritage have been identified for this section of the T2D Project.

Aboriginal cultural heritage impact mitigation requirements for construction

Operational impacts

Operational impacts are not anticipated as any potential impact to Aboriginal cultural heritage would be as a result of ground disturbing works which will be confined to the construction of the infrastructure. In the unlikely event ground-disturbing activities are required, they will be undertaken via access existing infrastructure in sites and at depths that have already been subject to previous disturbance during construction.

How impacts will be minimised or avoided

During design the project has confirmed that application of the Department’s Master Specification (MS), with its links to relevant parts of the Environment and Heritage Technical Manual (EHTM) will be used to mitigate the construction and operational impacts to Aboriginal heritage.

Of relevance to Aboriginal cultural heritage are:

• Aboriginal Heritage Act 1988
• Native Title Act 1993 (Cth)
• MS PC-H1 – Aboriginal Heritage and Native Title
• MS PC-PL2 – Planning Investigations
• MS PC-ENV2 – Environmental Protection Requirements
• MS PC-ENV3 – Environmental Design
• EHTM Attachment 2A – Aboriginal Sites, Objects and Ancestral Remains Discovery Procedure
• EHTM Attachment 2B – Native Title Assessment Procedure
• EHTM Attachment 10A – Guideline for the Preparation of a Contractor's Environment Management Plan

The MS and EHTM require the project to develop assessments and prepare reports that document required outcomes during construction. These include:

• Cultural Heritage Assessment
• Contractor’s Environmental Management Plan (CEMP)
• Cultural Heritage Management Plan (if required)
• Assessment of Outcomes for Aboriginal People.

Approvals, permits and authorisations

The Project Assessment Report (PAR) community consultation period concluded in April 2024. We thank you for your feedback.

The valuable information and local insights received during the consultation phase of the PAR are being considered by the project team and will inform the ongoing refinement of the T2D Project.