Federal Register of Legislation - Australian Government

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Plans/Management of Sites & Species as made
This instrument provides for the future management of Kingston and Arthur’s Vale Historic Area (KAVHA). It establishes strategic principles for conservation and protection of the outstanding universal value and other heritage values of KAVHA. It seeks to improve connections with the local community to demonstrate how heritage can benefit local people, including private landholders, to improve visitor experiences and to address resourcing and management issues.
Administered by: Agriculture, Water and the Environment
Registered 09 Dec 2016
Tabling HistoryDate
Tabled HR07-Feb-2017
Tabled Senate07-Feb-2017

 


11.6  Heritage Listing Citations

11.6.1 World Heritage List

Decision: 34 COM 8B.16

The World Heritage Committee,

1.     Having examined Documents WHC-10/34.COM/8B and WHC-10/34.COM/INF.8B1,

2.     Welcoming the additional information provided by the State Party;

3.     Inscribes the Australian Convict Sites, Australia, on the World Heritage List on the basis of criteria (iv) and (vi);

4.     Adopts the following Statement of Outstanding Universal Value:

Brief synthesis

The property consists of eleven complementary sites. It constitutes an outstanding and large-scale example of the forced migration of convicts, who were condemned to transportation to distant colonies of the British Empire; the same method was also used by other colonial states.

The sites illustrate the different types of convict settlement organized to serve the colonial development project by means of buildings, ports, infrastructure, the extraction of resources, etc. They illustrate the living conditions of the convicts, who were condemned to transportation far from their homes, deprived of freedom, and subjected to forced labour.

This transportation and associated forced labour was implemented on a large scale, both for criminals and for people convicted for relatively minor offences, as well as for expressing certain opinions or being political opponents. The penalty of transportation to Australia also applied to women and children from the age of nine. The convict stations are testimony to a legal form of punishment that dominated in the 18th and 19th centuries in the large European colonial states, at the same time as and after the abolition of slavery.

The property shows the various forms that the convict settlements took, closely reflecting the discussions and beliefs about the punishment of crime in 18th and 19th century Europe, both in terms of its exemplarity and the harshness of the punishment used as a deterrent, and of the aim of social rehabilitation through labour and discipline. They influenced the emergence of a penal model in Europe and America. Within the colonial system established in Australia, the convict settlements simultaneously led to the Aboriginal population being forced back into the less fertile hinterland, and to the creation of a significant source of population of European origin.

Criterion (iv): The Australian convict sites constitute an outstanding example of the way in which conventional forced labour and national prison systems were transformed, in major European nations in the 18th and 19th centuries, into a system of deportation and forced labour forming part of the British Empire’s vast colonial project. They illustrate the variety of the creation of penal colonies to serve the many material needs created by the development of a new territory. They bear witness to a penitentiary system which had many objectives, ranging from severe punishment used as a deterrent to forced labour for men, women and children, and the rehabilitation of the convicts through labour and discipline.

Criterion (vi): The transportation of criminals, delinquents, and political prisoners to colonial lands by the great nation states between the 18th and 20th centuries is an important aspect of human history, especially with regard to its penal, political and colonial dimensions. The Australian convict settlements provide a particularly complete example of this history and the associated symbolic values derived from discussions in modern and contemporary European society. They illustrate an active phase in the occupation of colonial lands to the detriment of the Aboriginal peoples, and the process of creating a colonial population of European origin through the dialectic of punishment and transportation followed by forced labour and social

rehabilitation to the eventual social integration of convicts as settlers.

Integrity and authenticity

The structural and landscape integrity of the property varies depending on the site, and on the type of evidence considered. It has been affected by local history, at times marked by reuse or lengthy periods of abandonment. The integrity varies between well preserved groups and others where it might be described as fragmentary. Apart from certain visual perspectives in urban settings, the level of the property’s integrity is well controlled by the site management plans. Despite the inevitable complexity of a nomination made up of a series of eleven separate sites with more than 200 elements that convey the value of the property, the authenticity of the vast majority of them is good.

Protection and management requirements

All the sites forming the property are inscribed on the National Heritage List. They are also protected by the Environment Protection and Biodiversity Conservation Act 1999.

There is no direct major threat to the sites forming the serial property.

The general protection and management of the property are satisfactory. Conservation is articulated around a positive dynamic driven by the application of the conservation plans at each of the sites. The Brickendon and Woolmers Estate domains are an exception, and require ongoing assistance, both in terms of protection and conservation.

The management systems of the sites forming the property are appropriate, and they are adequately coordinated by the Strategic Management Framework for the property and its Steering Committee. For the sites involving the participation of private stakeholders for visitor reception, improved interpretation is however necessary; that includes the common objectives outlined in the Strategic Management Framework. It is also important to consider visitor reception facilities and their development in a way which respects the landscape conservation of the sites.

5. Recommends that the State Party give consideration to the following:

a)     Specify the surface area of the property and its buffer zone for Hyde Park Barracks and Great North Road, along with the number of inhabitants;

b)    Ensure the regular and effective participation of all the site committees in the functioning of the Steering Committee for the ensemble of the serial property;

c)     At those sites where private partners are involved, notably Kingston and Arthur’s Vale (site No 1) and in the buffer zone of Port Arthur (site No 8), to strengthen and develop consultation between the site committee and these private stakeholders. The establishment of a shared charter of good conduct for the conservation and management of these two sites would be useful;

d)    Give consideration to removing the anachronistic structures or constructions at Old Government House (site No 2), Cascades (7), and Fremantle (11);

e)     Distinguish between the structural components by period and use at Darlington (5) and Cockatoo Island (10);

f)     Give consideration to consolidating the perimeter walls at Cascades Female Factory (7);

g)    Make sure that the development or rehabilitation of visitor facilities at the various sites respects the visual integrity and the landscape values of the sites;

h)     Pay attention to managing the landscape values of the sites in or close to urban areas by studying the visual impact of their current environment and any projects liable to affect those values;

i)      Make sure that volunteer conservation work is performed in strict accordance with the conservation and/or archaeology plans, under the supervision of experienced professionals;

j)      Publish the table of monitoring indicators and their frequency of application at each of the sites.


 

11.6.2    National Heritage List


 


 

 


11.6.3    Commonwealth Heritage List

Official Values

Criterion A Processes

Kingston and Arthur's Vale Historic Area (KAVHA) Commonwealth Tenure Area, comprises the area known as KAVHA with the exclusion of areas of freehold tenure. This Statement of Significance is based on the KAVHA record (RNE 13637). The place is significant for its association with four distinct settlement periods in one place: the pre-European, Polynesian occupation; and three periods of later settlement, two during the convict era referred to as the First and Second Settlements (1788-1814, 1825-1855); and the Pitcairn period (1856-present), referred to as the Third Settlement. KAVHA comprises a large group of buildings from the convict era, some modified during the Pitcairn period, substantial ruins and standing structures, archaeological sub-surface remains, landform and cultural landscape elements, which represent an outstanding example of the development of global convict transportation.

KAVHA is closely associated, through fabric and artefacts, with the wreck of the Sirius in 1790, a calamitous event in the early history of the colony of New South Wales (NSW).

The place is important for its role in the evolution of the colony of NSW. Agricultural activity, during the initial settlement at the place, the remains of which are still visible, arguably saved the settlement at Sydney Cove from failure.

KAVHA is significant for demonstrating transportation as part of a world movement in penal practice. It was the centre of one of the two long lasting places of secondary punishment for British convicts in the nineteenth century (the other was Port Arthur) which, although partly ruined, has not been further substantially altered by subsequent development.

KAVHA is one of two places of secondary punishment of particular infamy for its treatment and degradation of convicts (the other was Macquarie Harbour) and intended at various times to be the extreme expression of the severity of the transportation system. As such it was the site of the one of the major experiments in penal reform in Australia in the period 1788-1855 for which physical evidence is still extant. Other evidence remains at Longridge on Norfolk Island.

KAVHA illustrates the role of the military, penal systems and changes in penal philosophy in the British Empire from 1788-1855. The place illustrates the continuity of administrative history since European settlement.

KAVHA is significant for its association with the arrival of the Pitcairn Islanders in 1856, descendants of Bounty mutineers and Polynesians and the subsequent development of the Norfolk Island community.

KAVHA is significant for its richness of settlement history and array of extant features. It contains areas, buildings and other elements of outstanding individual cultural significance including Government House (1829+), one of the earliest and most intact remaining government house buildings in Australia and the Old Military Barracks (now the Legislative Assembly and Norfolk Island Court) (1829+). The Old Military Barracks, together with the Commissariat Store and the New Military Barracks, forms a group of buildings which is the most substantial military barracks complex in Australia dating from the 1830s. The Commissariat Store (now All Saints Church) (1835) is the finest remaining colonial (pre 1850) military commissariat store in Australia. This building, together with the Old Military Barracks and the New Military Barracks (now Norfolk Island Government Administration offices) (1836), forms a group of buildings which is a most substantial military barracks complex dating from the 1830s. The soldiers' barracks is one of the finest military barrack buildings built in Australia in the nineteenth century. There are nine houses providing quarters for military and civil officers (1832-47). Other features include: perimeter walls and archaeological remains of the Prisoners' Barracks (1828-48) including the Protestant Chapel; perimeter walls and archaeological remains of the New Prison (Pentagonal Prison) (1836-40, 1845-57); ruins of the hospital, built on First Settlement remains (1829); the Surgeon's Quarters and Kitchen (1827), on the site of a First Settlement Government House, one of the earliest European dwellings in Australia; the Landing Pier (1839-47) and sea wall, two of the earliest remaining large scale engineering works in Australia; Beach store (1825); Settlement Guardhouse (1826), on the foundations of a First Settlement building; Crankmill (1827-38), the remains of the only known human powered crankmill built in Australia before 1850; Royal Engineer's office and stables (1850); double boat shed (1841); Police Office, now boatshed (1828-29); Flaghouse (1840s); Constable's Quarters, partly standing (1850-53); Blacksmith's Shop (1846); Salt House (1847); and Windmill base (1842-43). The Cemetery (1825-present) has an outstanding collection of headstones and other remains dating from the earliest period of European settlement, including the first and second penal settlement periods and the Pitcairn period with associations with the Bounty, set in an evocative and picturesque historical landscape. Many stone walls, wells, drains, building platforms, bridges, culverts, roads, quarry sites, privies and archaeological sites of former buildings are important remains. These include Bloody Bridge. The remnant serpentine landscape is an outstanding example of colonial period (pre-1850) attitudes to landscape design in Australia.

KAVHA is significant for its geology, particularly the petrified forest and calcarenite, Kingston Swamp and for its biology, including the marine areas.

Attributes

All buildings and other associated fabric that demonstrate European and pre European phases of occupation, including fabric and artefacts associated with the wreck of the Sirius, archaeological evidence dating from the initial settlement phase, fabric that demonstrates penal practice and the role of the military and fabric associated with the Pitcairn Islanders. All of the buildings, structures, cemetery and landscape noted above, plus the natural values of the petrified forest, calcarenite and Kingston Swamp.

Criterion B Rarity

KAVHA is significant for its rare association with pre-European, Polynesian settlement, there being no other known pre-European Polynesian occupation sites in Australia. It demonstrates a rare occupation sequence of Polynesian and European settlement in the west Pacific.

KAVHA is rare, being the site of, and probably containing extensive archaeological evidence of, the earliest European settlement from Australia to the south-west Pacific (1788), similar in size for a decade to the other initial settlement at Sydney Cove. Its significance is enhanced by the lack of substantial subsequent development. It contains areas and individual elements that are confirmed or well documented sites of First Settlement buildings and activities (1788-1814). The subsurface archaeological remains of the first and second Government Houses (1788-1803) are, along with First Government House Sydney (1788 - 1847), the oldest government house sites in Australia.

The area contains the Cemetery Bay Dune area which is unique to the island in its plant and remnant lowland forest. Also associated with the dune area is the fossilliferous preservation of the island's past biota, and a minute remnant land mollusc population.

Attributes

Evidence of Polynesian settlement, evidence and integrity of early European settlement, plus subsurface archaeological remains of the first and second Government Houses plus natural values of Cemetery Bay including plant and remnant lowland forest, fossilliferous preservation of the island's past biota and a minute remnant land mollusc population.

Criterion C Research

KAVHA is significant for its archaeological research potential to contribute to a wider understanding of the history of pre-European, Polynesian colonisation and occupation of Norfolk Island and the South Pacific. It is significant for its archaeological research potential to contribute to a wider understanding of the history of the First Settlement of Norfolk Island and Australia. It is significant for its archaeological research potential to contribute to a wider understanding of the history of the Second Settlement of Norfolk Island. This significance is enhanced by the lack of substantial subsequent development. KAVHA is also significant for the features and research importance of its Third Settlement Period.

KAVHA is significant for its research potential to contribute to a wider understanding of the history and development of industrial processes, technology, architecture and engineering, particularly at the crankmill, the salt house, lime kilns and mills, the landing pier and jetty and bridges.

KAVHA is significant as a place of integrated research, in which the place with its individual building and archaeological elements, the landscape, archives, artefacts, Pitcairn language, ongoing traditions and anthropological research potential provide an unparalleled resource. It is a microcosm of society. KAVHA is significant for its potential to demonstrate ongoing conservation and restoration techniques.

KAVHA is significant for its research potential to contribute to knowledge about previous life forms, including an extinct mollusc.

Attributes

All of the subsurface stratigraphy, artefacts and remains that may relate to the Polynesian, First Settlement and Second settlement occupation phases. Also, all of the fabric associated with the crankmill, the salt house, lime kilns and mills, the landing pier, jetty and bridges, plus cultural landscape features, archives, artefacts, Pitcairn language, ongoing traditions and conservation and restoration techniques. Also, previous life forms including an extinct mollusc used for research.

Criterion D Characteristic values

KAVHA is a monument to the convict origins of European settlement in Australia, comprising a large group of buildings from the convict era, some modified during the Pitcairn period, substantial ruins and standing structures, archaeological sub-surface remains, landform and cultural landscape elements, which represent an outstanding example of the development of global convict transportation.

The landscape demonstrates the way and pattern in which the land has been cleared, utilised, developed and the way of life of the inhabitants since European settlement in 1788. It demonstrates the impact of that settlement on a natural environment hitherto occupied by Polynesian peoples, possibly intermittently.

KAVHA is the primary site of the Second Settlement period (1825-55) and contains the landform, layout, extensive buildings, standing structures, archaeological remains and remnant landscape features of that period and continuing uses. Its significance is enhanced by the lack of substantial subsequent development, making the design features of the settlement very obvious. It is an outstanding rare example of a place of secondary punishment for nineteenth century British convicts in the world and demonstrates the extreme example of the severity of the transportation system. KAVHA demonstrates the range of activities and structures associated with a secondary punishment penal settlement. It is an outstanding example of different aspects of convict control and its use as a deterrent to crime in Britain. The built elements of Quality Row, formerly known as Military Row, form an intact Georgian administration centre and the most extensive street of surviving (although part reconstructed) pre-1850 penal settlement buildings in Australia. It contains a group of houses that is one of three streets of pre-1850 military officers' residences in Australia, illustrating a Georgian streetscape and town plan.

The KAVHA Second Settlement period demonstrates the planning and daily operation of a nineteenth century penal settlement, the physical segregation of classes of convicts, overseers, the military, magistrates and command quarters, changing attitudes to penology of the British Colonial Office and the Governors of New South Wales and Van Diemen's Land (Tasmania), the initial lack of religious guidance and the tenuous relationship between the Church and the State at Norfolk Island and information about the roles, work and conditions for women and children in a penal colony.

Along with the Tasman Peninsula buildings and Maria Island, Tasmania, KAVHA demonstrates the principal characteristics of buildings for secondary punishment of nineteenth century British convicts in Australia. The fabric of the Second Settlement clearly shows the method of construction, building techniques and way of life.

Since 1856 KAVHA has been the administrative centre for the social, religious and political development of the Norfolk Island community, originally descendants of Polynesians and the participants in perhaps the most famous naval mutiny in modern British history. It retains rare evidence of this Third Settlement period and contains elements and groups of elements along with continuing uses that illustrate aspects of this significance.

Attributes

Buildings, ruins, standing structures, archaeological sub-surface remains, landform and cultural landscape elements from the convict era, and their high integrity, including the built elements of Quality Row, with its Georgian streetscape and town plan. Also, post 1856 fabric that demonstrates continuing occupation of the island.

Criterion E Aesthetic characteristics

KAVHA is significant for its picturesque setting, historic associations, part ruinous configuration and subsequently undeveloped nature, enabling the visitor to appreciate aspects of the history of Britain, Australia and the South Pacific with rare thematic clarity. The aesthetic qualities of the landscape have been acknowledged since the First Settlement, forming the subject matter of an artistic record that has continued to the present, and is still recognisable in its present form.

There are many elements that contribute to the aesthetic drama of the place, the sea, reef and islands, historic graves, Quality Row buildings in a ruinous state, and the extent of the nineteenth century character buildings. The picturesque landscape setting, with its domestic scale and agricultural character, is valued for the contrast it represents between the horror of the past and the charm of the present.

KAVHA is significant for its views across the site, within the site, from the site to the seascape, and views of the site in its landscape setting.

Attributes

Its picturesque setting, historic associations, part ruinous configuration and subsequently undeveloped nature, plus its views across the site, within the site, from the site to the seascape, and views of the site in its landscape setting. Specific elements include the sea, reef and islands, historic graves, Quality Row buildings in a ruinous state, and the extent of the nineteenth century character buildings. Also, the domestic scale and agricultural character of the landscape setting.

 Criterion G Social value

Norfolk Island is first and foremost the home of its residents who value KAVHA as a sacred site because it has been continually and actively used as a place of residence, work and recreation since the arrival at Kingston Pier in 1856 of the Pitcairn Islanders, from whom one third of the island's population is descended. It holds significant symbolic, ceremonial, religious, lifestyle and cultural associations in a unique built and natural environment.

KAVHA is valued by the Norfolk Island residents for being a place of traditional and ongoing uses, including the continuity of a working waterfront at the Landing Pier; the centre of administration with the Norfolk Island Court, Legislative Assembly, Norfolk Island Government Administration and Administrator's Office and Official Residence being located in the place; the religious focus being All Saints Church and the cemetery; areas for recreation and both passive and active sports; and as the cultural centre providing a meeting place for cultural and social events, museums and archaeological sites.

Individual elements of the place identified by the Norfolk Island community for their social significance are the Landing Pier; the foreshores; the Prisoner's Barracks (known as the Compound); the commons; the sports oval; Point Hunter; the War Memorial; the Cemetery; the Commissariat Store; World War Two sites, including: Point Hunter, the Landing Pier, the Military Barracks, the Cemetery and Government House; the mix of land uses within the place including lease holdings, freehold titles, private dwellings, commercial activities, cultural and special events; the building uses are museums, a Church, administrative, the Official Residence, Parliament, lighterage, residential accommodation, industrial/commercial and Pitcairner; Bloody Bridge; the sand dunes; the Swamp; roads; and Government House.

KAVHA is valued by visitors for its rich history and genealogical connections

Attributes

The whole of the historic and natural environment of KAVHA, and the particular elements identified above.

Criterion H Significant people

KAVHA is significant for its association with many of Australia's founding and other early personalities including King, Hunter, Foveaux, Wentworth, Anderson, Maconochie, Price and Cash.

Attributes

The whole of the historic and natural environment of KAVHA.


 

11.6.4   Norfolk Island Heritage Register

 

 


 


 

11.7  Australian Convict Sites Management Framework