Thomson River Diversion Tunnel Site (H1990)Thomson River Walhalla

Heritage Council Registrations CommitteeMembers – Anthony Darvall (Chair), Paul Coffey, Megan Goulding

DECISION OF THE HERITAGE COUNCIL After considering the Executive Director’s recommendation and submissions received in response, and after holding a meeting to consider all further submissions received, the Heritage Council has determined, pursuant to Section 54 of the Heritage Act 1995, to amend the registration of the Thomson River Diversion Tunnel in the Victorian Heritage Register.

Anthony Darvall (Chair)Paul CoffeyMegan Goulding

Decision Date – 21 June 2017

1

INTRODUCTION

The Place

1 The Thomson River Diversion Tunnel Site (‘the Place’) comprises the Thomson River Diversion Tunnel, a 5 metre curtilage from the tunnel and a 20 metre (more or less)1 curtilage from each bank of the section of the Thomson River known as ‘Horseshoe Bend’. The following ‘physical description’ is taken from the Executive Director, Heritage Victoria’s (‘Executive Director’) 16 September 2016 recommendation in relation to the Place:

‘Physical Description:

The Thomson River Diversion Tunnel Site is located about 4km south-west of Walhalla in Gippsland, 1.5km south of where Stringers Creek joins the Thomson River. The tunnel has been excavated under Stockriders Spur and is 220 metres in length. The Thomson River flows north to south and the tunnel extends on a downwards incline between the inlet and outlet and has a sharp change in horizontal angle prior to both the inlet and outlet. The tunnel is up to 2.2 metres in width cut into the bedrock. Within the tunnel there are a series of rock bars separating stages of rock pools. The tunnel diverts water away from a now partly dry 1.2km section of the river bed between the inlet and outlet, which is known as Horseshoe Bend. There are deep pools of water in the river near the inlet and outlet. There is a large rock bar near the inlet which assists the water to pool and flow into the tunnel. The place is located in a steep, well vegetated river valley. The entry and exits of the tunnel contribute to the significance as the most visible elements of the water diversion scheme.’

Original Gazettal

2 The Place was gazetted on 11 July 2002 and included in the Victorian Heritage Register (‘the Register’) under the Heritage Act 1995 (‘the Act’).

The Proposed Amendment

3 On 15 June 2016 the Executive Director accepted an application to amend the registration of the Thomson River Diversion Tunnel in the Register by adding part of the Thomson River, known as ‘Horseshoe Bend’, to the extent of registration.

Recommendation of the Executive Director

4 On 16 September 2016, the Executive Director recommended that the existing registration of the Place be amended in accordance with s 54 of the Act.

The Executive Director recommended the inclusion of additional land in the registration; removal of the heritage category ‘Archaeological Place’; updating the Statement of Significance; the inclusion of new permit exemptions; and changing the name of the Place to reflect the proposed new extent.

5 In the Recommendation, the Executive Director gave the following reason for the recommendation:

‘This amendment proposes to add part of the Thomson River known as Horseshoe Bend to the registration of the Thomson River Diversion Tunnel System to provide a better understanding of the water diversion process.’

1 Note: ‘More or less’ is a term used in relation to naturally variable boundaries such as waterways. 2

Section 38 Submissions

6 Under s 38(1) of the Act, any person may make a submission to the Heritage Council in relation to a recommendation of the Executive Director to include (or amend) a place in the Victorian Heritage Register. The Heritage Council received 12 submissions under s 38(1) of the Act in response to the Recommendation from:

a) Acting Regional Director, Gippsland; and

b) West Gippsland Catchment Management Authority (‘WGCMA’); and

c) Victorian Environmental Water Holder (‘VEWH’); and

d) Integrated Water and Catchments; and

e) Jon Crosbie; and

f) Norman Longmuir; and

g) Ross Scott; and

h) Nillumbik Historical Society; and

i) Gweneth Myers; and

j) Michael Hannaford; and

k) Brett Quine; and

l) Denise and David Edwards.

All submissions made comments in relation to the Recommendation and a number of submissions proposed further changes to the permit policy for the Place. No submissions objecting to the Executive Director’s recommendation or requests for a hearing were received.

Preliminary and Other Matters

Consideration of ‘s 38’ submissions

7 As noted above, no request for a hearing was received when submissions were made under s 38(1) in relation to the Executive Director’s recommendation. At a meeting on 1 December 2016, the Heritage Council considered the Recommendation, submissions received in response to it, and further written material provided by the Executive Director in response to the ‘s 38’ submissions. The Heritage Council resolved that a Registrations Committee be constituted to invite and consider further written submissions in relation to the Place and the Recommendation, and to determine the matter without a hearing (see Sections 41(3), 41(4) and 41(5)(b) of the Act). A Registrations Committee (‘the Committee’) was constituted to make its determination by reference to written submissions alone.

Request for an extension of time within which to make a submission

8 On 22 December 2016, the Committee invited all parties to provide further information in relation to the Recommendation by 20 January 2017 pursuant to s 41(4) of the Act. On 3 January 2017 the Committee received a request from the Friends of the Horseshoe Bend Tunnel for an 8-10 week extension of time within which to make a written submission. The Committee granted the extension of time and allowed all parties until 31 March 2017 to provide submissions.

3

Further submissions

9 Written submissions pursuant to s 41(4) of the Act were received from:

a) Nillumbik Historical Society; and

b) the Manager Stainable Development, Baw Baw Shire Council (‘Baw Baw Shire Council’); and

c) VEWH; and

d) Ross Scott; and

e) Gweneth Myers; and

f) Friends of the Horseshoe Bend Tunnel; and

g) Chris Foley.

Future use of the Place

10 Some submissions received referred to the future use of the Place. The Committee appreciates that there is community concern about the potential development of the place. However, the role of this Committee is to determine the cultural heritage significance of the Place in its current state. It is not in the Committee’s remit to consider the future development or use of the Place and material dealing with these matters has not been considered by the Committee in reaching its decision.

Concurrent listing under the Heritage Rivers Act 1992 and the Heritage Act 1995.

11 The Committee appreciates that the inclusion of the section of the Thomson River known as ‘Horseshoe Bend’ in the registration for the Place would result in the concurrent listing of the river under both the Heritage Rivers Act 1992 and the Heritage Act 1995. The role of this Committee is to determine the cultural heritage significance of the Place in accordance with the Heritage Act 1995. There is nothing preventing concurrent listings under both Acts, which has also occurred at other sites.

SUBMISSIONS 12 For the purposes of this decision report, the Committee uses the term ‘submission’ to

refer to both the written submissions received under s 38(1) of the Act in response to the Executive Director’s recommendation, and all written submissions that were invited and received by the Committee. Submissions received related only to the proposed amendments to the existing registration of the Place.

13 In the Committee’s view, the key issues in the Recommendation and submissions received related to the following three matters:

a) Extent of registration; and

b) the Statement of Cultural Heritage Significance; and

c) the Permit Policy and Exemptions.

14 The following sections are not intended to be a complete record of submissions that were made to the Committee.

4

Extent of Registration

Submissions and evidence

15 The Executive Director recommended that the extent of registration for the Place be amended to include the section of the Thomson River known as ‘Horseshoe Bend’, being a 5 metre curtilage from the Thomson River Diversion Tunnel and a 20 metre (more or less) curtilage from each bank of the river between the tunnel inlet and outlet. The Executive Director assessed the amended extent of registration as being vital to understanding the interaction between the river and the tunnel and integral to the significance of the Place.

16 Baw Baw Shire Council and VEWH submitted that they supported the Executive Director’s recommendation to amend the extent of registration, further noting the cultural heritage significance of the landscape surrounding the tunnel and the environmental values of the Thomson River.

17 WGCMA submitted that they did not oppose the recommended extent of registration however expressed concerns that the listing of Horseshoe Bend would impact on their statutory responsibilities as a Waterway Manager. WGCMA further submitted that ‘Diagram 1990’ in the Recommendation did not accurately depict the position of the tunnel. In response to WGCMA’s ‘s 38’ submission, the Executive Director agreed that the diagram was inaccurate and provided the Committee with two revised diagrams to replace Diagram 1990 in the Recommendation.

Discussion and conclusion

18 The Committee determines to amend the extent of registration for the Place to include the section of the Thomson River known as ‘Horseshoe Bend’, being a 5 metre curtilage from the Thomson River Diversion Tunnel and a 20 metre (more or less) curtilage from each bank of the Thomson River between the tunnel inlet and outlet.

19 The Committee further determines that Diagram 1990 should be replaced in the Recommendation with the diagrams provided by the Executive Director in response to WGCMA’s ‘s 38’ submission.

20 The Committee appends an amended copy of the Recommendation report as part of the record of its determination, with the changes made by the Executive Director to Diagram 1990 noted as ‘tracked’ changes (ATTACHMENT 1).

Statement of Cultural Heritage Significance

Submissions and evidence

21 The Executive Director’s recommendation included a revised Statement of Significance for the Place in order to recognise the addition of Horseshoe Bend in the registration and ensure that the function of the Thomson River Diversion Tunnel as a water diversion system could be understood.

22 WGCMA submitted that a number of amendments were required to the recommended Statement of Significance, primarily of a clarifying or drafting nature.

23 WGCMA and Integrated Water and Catchments submitted that the Statement of Significance should be amended to include reference to the natural values of the river and reference the impact of the Place as a barrier to fish migration. In response to WGCMA’s s 38 submission, the Executive Director noted that the revised Statement of

5

Significance identified the ‘co-existing natural and cultural heritage values’ of the Place.

24 The Friends of the Horseshoe Bend Tunnel and Gweneth Myers submitted that they were against the use of the word “barrier” when referring to the impact of the Place on fish migration, suggesting the use of the word “obstacle” instead.

25 Baw Baw Shire Council submitted that they supported the Executive Director’s recommendation to amend the Statement of Significance to include the section of the Thomson River known as ‘Horseshoe Bend’.

Discussion and conclusion

26 The Committee agrees with the Executive Director’s assessment of the co-existing natural and cultural heritage values of the Place and determines that the Statement of Significance should not include additional reference to the natural values of the river.

27 Under the Heritage Act 1995, it is the Committee’s role to consider the cultural heritage significance of the Place. It is not the role of this Committee to assess the impact of the Place on fish migration. The Committee has determined not to include reference to the impact of the Place on fish migration in the Statement of Significance.

28 The Committee accepts the clarifying and drafting amendments recommended by WGCMA and appends an amended copy of the Recommendation report as part of the record of its determination, with the changes made to the Statement of Significance noted as ‘tracked’ changes (ATTACHMENT 1).

Permit Policy and Exemptions

Submissions and evidence

29 The Executive Director recommended that the Permit Policy and Exemptions for the Place should be amended in accordance with s 42(4) of the Act.

30 The Acting Regional Director, Gippsland submitted that they were satisfied with the recommended ‘Fire Suppression Duties’ and ‘Weed and Vermin Control’ exemptions.

31 WGCMA submitted that the below ‘Landscape and River’ exemptions should be included in the Permit Policy for the Place under.

a) Revegetation works

b) Works to or extension of existing tracks.

32 WGCMA further requested that the below ‘Waterway Management’ permit exemptions be included in policy in order to allow waterway management and maintenance works at the Place.

a) Waterway management activities provided the works do not involve the removal or destruction of any significant above-ground features or sub-surface archaeological artefacts or deposits

b) Maintenance of any approved or exempt works provided the activities do not involve the removal or destruction of any significant above-ground features or sub-surface archaeological artefacts or deposits.

c) Works done in pursuant to Section 7 of the Heritage Rivers Act 1992.

33 In response to the ‘s 38’ submission from the WGCMA, the Executive Director accepted that changes to the Recommendation should be made to include the above

6

‘Landscape and River’ exemptions. The Executive Director was not supportive of the above ‘Waterway Management’ exemptions proposed by WGCMA. The Executive Director noted that the proposed exemption allowing works pursuant to Section 7 of the Heritage Rivers Act 1992 was too broad, and potentially allowed for large scale works that may impact on the cultural heritage significance of the place. The Executive Director recommended the inclusion of the below ‘Waterway Management’ exemption.

a) Minor waterway management activities provided that there is no adverse impact on the cultural heritage significance of the Place.

34 In response to the ‘Water Management’ exemptions proposed by WGCMA, the Friends of the Horseshoe Bend Tunnel submitted that they were concerned that large scale works would occur without a permit and impact the cultural heritage significance of the Place.

35 Ross Scott and Gweneth Myers submitted that they were not supportive of the ‘Water Management’ permit exemption proposed by WGCMA.

36 Integrated Water and Catchments submitted that permit exemptions for waterway management activities and maintenance of any approved or exempt works should be included in the Permit Policy.

37 VEWH submitted that a permit exemption allowing the waterway manager to undertake waterway management activities at the Place, should be included in the Permit Policy.

Discussion and conclusion

38 The Committee determines that the additional permit exemptions under ‘Landscape and River’, as submitted by WGCMA and agreed to by the Executive Director, should be included in the Permit Policy for the Place.

39 The Committee agrees with the Executive Director and the submissions of Ross Scott and Gweneth Myers that the ‘Waterway Management’ permit exemptions proposed by WGCMA could potentially allow for large scale works at the Place. The Committee is satisfied with the Executive Director’s recommendation and determines that the above ‘Waterway Management’ permit exemption recommended by the Executive Director in his response to WGCMA’s ‘s 38’ submission should be included in the Permit Policy for the Place.

40 The Committee appends an amended copy of the Recommendation report as part of the record of its determination, with the changes made by the Committee to the Permit Policy and Exemptions noted as ‘tracked’ changes (ATTACHMENT 1).

CONCLUSION41 In accordance with Section 54 of the Heritage Act 1995 the Committee determines that

the registration of the Thomson River Diversion Tunnel should be amended in the Victorian Heritage Register as per the Executive Director’s recommendation and with the following amendments:

a) Amend the extent of registration

b) Minor wording changes to the Statement of Significance

c) Include amended ‘Landscape and River’ and ‘Waterway Management’ permit exemptions

7

The Committee appends an amended copy of the Recommendation report as part of the record of its determination, with the changes made by the Committee to the Statement of Significance, extent of registration, permit policy and permit exemptions noted as ‘tracked changes’ (ATTACHMENT 1).

8

ATTACHMENT 1

EXECUTIVE DIRECTOR RECOMMENDATION TO THE HERITAGE COUNCIL TO AMEND AN EXISTING REGISTRATION

NAME THOMSON RIVER DIVERSION TUNNEL SITEDATE REGISTERED: 11 JULY 2002VHR NUMBER: VHR H1990HERITAGE OVERLAY: BAW BAW SHIRE HO261LOCATION THOMSON RIVER WALHALLACATEGORY HERITAGE PLACEHERMES NUMBER: 10756

9

EXECUTIVE DIRECTOR RECOMMENDATION TO THE HERITAGE COUNCIL: To amend the existing registration for VHR H1990 in accordance with s.54 of the Heritage Act 1995 by:

Including additional land in the registration. Removing the heritage category ‘Archaeological Place’. Updating the Statement of Significance. Including new permit exemptions. Changing the name of the place to better reflect the proposed new extent.

Reasons for the proposed amendment:This amendment proposes to add part of the Thomson River known as Horseshoe Bend to the registration of the Thomson River Diversion Tunnel System to provide a better understanding of the water diversion process.

The existing registration documentation is provided at Attachment 1 of this report.

TIM SMITH

Executive DirectorRecommendation Date: 16 September 2016

AMENDMENT BACKGROUND AND RATIONALEThe current previous registrationThe Thomson River Diversion Tunnel (VHR H1990) was excavated through a slate ridge called Stockriders Spur in 1911-12. Its purpose was to divert water away from the river, causing it to bypass the natural river bed between the tunnel’s inlet and outlet. The result was a decreased flow of water into the natural river bed (a horseshoe-shaped bend) which made alluvial mining (searching for fine metal gold or nuggets in the gravel deposits in waterways) easier in the exposed part of the river. The registration currently previously includeds the constructed Thomson River Diversion Tunnel, but no part of the Thomson River.

The proposed amendmentOn 15 June 2016 the Executive Director accepted an application to amend the registration of the Thomson River Diversion Tunnel by adding the part of the Thomson River known as ‘Horseshoe Bend’ to the registration. After conducting a cultural heritage assessment of the place, the Executive Director proposeds to include Horseshoe Bend to the registration in addition to the currently previously registered Diversion Tunnel because it is integral to the significance of the place. The form and interaction of both elements (tunnel and river bend) are needed to demonstrate diversion mining technology. The tunnel was used to divert water away from the river bend, and enable the digging and sluicing of exposed river bed deposits for alluvial gold. The proposed registration of the Thomson River Diversion Tunnel Site ensures that the significance of the looping river alignment to operation of the water diversion system can be read and more easily understood.

PROPOSED CATEGORY OF REGISTRATIONThis place is currentlywas previously registered as a Heritage Place and an Archaeological Place. It is proposed that the category ‘Archaeological Place’ is removed. In 2016 the archaeological potential of theis place was reviewed against the Heritage Council’s Criteria and Threshold Guidelines (2012 updated in 2014). The Executive Director recommendeds that the archaeological deposits and potential identified in 2002, at the time of the original registration, are not of state level cultural heritage significance. It is determined that the category ‘Archaeological Place’ be removed.

PROPOSED CHANGE OF NAMECurrent Previous: Thomson River Diversion TunnelProposed Current: Thomson River Diversion Tunnel Site

10

PROPOSED EXTENT OF REGISTRATIONAll of the place shown hatched on Diagram 1990 encompassing part of Crown Allotment 3D, Section B, Parish of Moondarra and parts of Crown Allotments 7 and 7A, Section C, Parish of Numbruk being a 5 metre curtilage from the Thomson River Diversion Tunnel and a 20 metre (more or less) curtilage from each bank of the Thomson River between the tunnel adits.

11

12

[Note: ‘More or less’ is an accepted term in land surveying particularly in relation to naturally variable boundaries such as waterways.]

The extent of registration of the Thomson River Diversion Tunnel Site in the Victorian Heritage Register affects the whole place shown on Diagram 1990 including the diversion tunnel and registered land.

13

AERIAL PHOTO OF THE PLACE SHOWING CURRENT AND PROPOSED REGISTRATION

14

15

PROPOSED STATEMENT OF CULTURAL HERITAGE SIGNIFICANCE

What is significant?The Thomson River Diversion Tunnel Site including the 220 metre tunnel through Stockriders Spur, the 1.2km section of river bed known as Horseshoe Bend between the tunnel’s inlet and outlet, the inlet and outlet pools, and the river banks extending 20 metres either side of the Horseshoe Bend river bed.

History SummaryThe Thomson River Diversion Tunnel Site is located near the Gippsland gold township of Walhalla. Gold was discovered in the Thomson River valley in late 1862 and a rush to the region began. Alluvial gold mining was carried out along the Thomson River for several decades from the 1860s, although quartz reef mining became the region’s predominant mining industry. The Thomson River Diversion Tunnel was constructed by the Thomson River Alluvial Gold and Tailings Recovery Company between August 1911 and about October 1912. The tunnel was blasted through a slate ridge called Stockriders Spur. The purpose of the Tunnel was to divert a portion of river flows water away from a 1.2 km section of the natural river bed on either side of the tunnel known as Horseshoe Bend. The decreased flow of water around Horseshoe Bend enabled, for the very first time, the sluicing of the gravel deposits in the exposed river bed. From the 1850s diversion tunnels, cuttings and embankments facilitated mining along rivers and creeks in a number of Victorian goldfields in mountainous regions. Diversion mining was not common and only carried out where the natural

16

topography was suitable. The construction of the Thomson River Diversion Tunnel was an ambitious gamble and came at a time when Walhalla’s quartz mining industry was ending. The mining lease at Horseshoe Bend was declared void on 10 March 1914. Over time flooding and erosion have removed all traces of mining activity in the Horseshoe Bend river bed. The diversion tunnel is the last and longest of the thirteen river diversions tunnels surviving from the Victorian gold rush period.

Description SummaryThe Thomson River Diversion Tunnel Site is located about 4km south-west of Walhalla in Gippsland 1.5km south of where Stringers Creek joins the Thomson River. The tunnel has been excavated under Stockriders Spur and is 220 metres in length. The Thomson River flows to the south and the tunnel extends on an downwards incline between the inlet and outlet and has a sharp change in horizontal angle prior to both inlet and outlet. The tunnel diverts a portion of river flows water away from a now partly dry 1.2km section of the river bed between the inlet and outlet, which is known as Horseshoe Bend. There are deep pools of water in the river near the inlet and outlet.

This site is part of the traditional land of the Gunaikurnai people.

How is it significant? The Thomson River Diversion Tunnel Site is of historical significance to the State of Victoria. It satisfies the following criterion for inclusion in the Victorian Heritage Register:

Criterion AImportance to the course, or pattern, of Victoria’s cultural history.

17

Why is it significant? The Thomson River Diversion Tunnel Site is significant at the State level for the following reasons:

The Thomson River Diversion Tunnel Site is historically significant as one of the last and longest of the thirteen diversion tunnels constructed for gold mining purposes in the Victoria. It The tunnel was constructed between 1911 and 1912. Through its design and form the site tunnel demonstrates the diversion mining technology used to divert water a portion of river flows away from natural waterways and enable the digging and sluicing of exposed river bed deposits for alluvial gold. Water diversion systems were not common in Victoria and limited to gold mining regions with a mountainous topography and perennial waterways. The looping alignment of the Thomson River at Horseshoe Bend, being an already known gold bearing locality, and the presence of Stockriders Spur are also significant as they made, made this location particularly suitable and were in an already known gold bearing locality. Water diversion systems are important to understanding Victoria’s gold mining history. [Criterion A]

The Thomson River Diversion Tunnel Site is also significant for the following reasons, but not at the State level:

There is evidence of 1870s-80s ground sluicing in various places around Horseshoe Bend on spurs (slopes) above the river bed.

The Thomson River Diversion Tunnel Site is a place of co-existing natural and cultural heritage values. The Thomson River is listed as a Heritage River under Heritage Rivers Act 1992.

18

PROPOSED PERMIT POLICY

PreambleThe purpose of the Permit Policy is to assist when considering or making decisions regarding works to a registered place. It is recommended that any proposed works be discussed with an officer of Heritage Victoria prior to making a permit application. Discussing proposed works will assist in answering questions the owner may have and aid any decisions regarding works to the place.

The extent of registration of the Thomson River Diversion Tunnel Site in the Victorian Heritage Register affects the whole place shown on Diagram 1990 including the land, tunnel and other features. Under the Heritage Act 1995 a person must not remove or demolish, damage or despoil, develop or alter or excavate, relocate or disturb the position of any part of a registered place or object without approval. It is acknowledged, however, that alterations and other works may be required to keep places and objects in good repair and adapt them for use into the future.

If a person wishes to undertake works or activities in relation to a registered place or registered object, they must apply to the Executive Director, Heritage Victoria for a permit. The purpose of a permit is to enable appropriate change to a place and to effectively manage adverse impacts on the cultural heritage significance of a place as a consequence of change. If an owner is uncertain whether a heritage permit is required, it is recommended that Heritage Victoria be contacted.

Permits are required for anything which alters the place or object, unless a permit exemption is granted. Permit exemptions usually cover routine maintenance and upkeep issues faced by owners as well as minor works or works to the elements of the place or object that are not significant. They may include appropriate works that are specified in a conservation management plan. Permit exemptions can be granted at the time of registration (under s.42 of the Heritage Act) or after registration (under s.66 of the Heritage Act).

Cultural heritage management plansIt is recommended that a Conservation Management Plan (CMP) is developed to manage the place in a manner which respects its cultural heritage significance. The following documents may be useful in the management of the cultural heritage at this place.

Rob Kaufman, Historic Heritage Survey: Horseshoe Bend Gold Mining Area, Thomson River, Victoria, Report prepared for West Gippsland Catchment Management Authority, 5 October 2010.

Aboriginal cultural heritageIf any Aboriginal cultural heritage is discovered or exposed at any time it is necessary to immediately contact Aboriginal Victoria to ascertain requirements under the Aboriginal Heritage Act 2006.

Other approvalsPlease be aware that approval from other authorities (such as local government) may be required to undertake works.

ArchaeologyGround disturbance may affect the archaeological significance of the place and, subject to the exemptions stated in this document, requires a permit.

19

Relative cultural heritage significance at the placeAll features listed here are of primary cultural heritage significance in the context of the place. A permit is required for most works or alterations. See Permit Exemptions section for specific permit exempt activities:

• Diversion tunnel• Inlet and outlet pools• Riverbed and banks and 20 metres either side of the banks • Rock bar near the inlet.

Land: All of the land identified in Diagram 1990 is of primary cultural heritage significance.

Natural heritage valuesThe Thomson River Diversion Tunnel Site is a place of co-existing environmental and cultural heritage values. The Thomson River is listed as a Heritage River under Heritage Rivers Act 1992. The management of this place may usefully be guided by the Australian Natural Heritage Charter.

The Australian ICOMOS Charter for Places of Cultural Heritage Significance (the Burra Charter) provides guidance on the management of places with which can be applied to places of cultural significance including natural, Indigenous and historic places with cultural values. The definition of ‘place’ under the Burra Charter Place has a broad scope and includes natural and cultural features. Natural elements of a place may constitute cultural heritage fabric.

The Burra Charter urges a cautious approach to understanding and managing places with co-existing cultural and natural heritage values. Article 5 (‘Values’) of the Burra Charter states that:

5.1 Conservation of a place should identify and take into consideration all aspects of cultural and natural significance without unwarranted emphasis on any one value at the expense of others.5.2 Relative degrees of cultural significance may lead to different conservation actions at a place.

PROPOSED PERMIT EXEMPTIONS (UNDER SECTION 42 OF THE HERITAGE ACT)It should be noted that Permit Exemptions can be granted at the time of registration (under s.42(4) of the Heritage Act). Permit Exemptions can also be applied for and granted after registration (under s.66 of the Heritage Act)

General Condition 1All exempted alterations are to be planned and carried out in a manner which prevents damage to the fabric of the registered place or object.

General Condition 2Should it become apparent during further inspection or the carrying out of works that original or previously hidden or inaccessible details of the place or object are revealed which relate to the significance of the place or object, then the exemption covering such works shall cease and Heritage Victoria shall be notified as soon as possible.

General Condition 3All works should be informed by Conservation Management Plans prepared for the place. The Executive Director is not bound by any Conservation Management Plan, and permits still must be obtained for works suggested in any Conservation Management Plan.

General Condition 4Nothing in this determination prevents the Heritage Council from amending or rescinding all or any of the permit exemptions.

20

General Condition 5Nothing in this determination exempts owners or their agents from the responsibility to seek relevant planning or building permits from the relevant responsible authority, where applicable.

Specific Permit Exemptions

Diversion Tunnel Emergency and general maintenance. Installation of any safety equipment or earthworks required for public safety or to leave

sections in a safe condition. Monitoring of structural integrity of tunnel.

Landscape and River Removal or lopping of trees and vegetation. Revegetation works Works to or extension of existing tracks. Undertaking of safety and access works to restrict foot traffic access. Installation of information signage for interpretation and public risk purposes.

Waterway Management Minor waterway management activities, provided that there is no adverse impact on the

cultural heritage significance of the place.

Fire Suppression Duties Fire suppression and fire-fighting duties provided the works do not involve the removal or

destruction of any significant above-ground features or sub-surface archaeological artefacts or deposits.

Fire suppression activities such as fuel reduction burns, and fire control line construction, provided all significant historical and archaeological features are appropriately recognised and protected.

Note: Fire management authorities should be aware of the location, extent and significance of historical places when developing fire suppression and fire-fighting strategies. The importance of places listed in the Heritage Register must be considered when strategies for fire suppression and management are being developed.

Weed and Vermin Control Weed and vermin control activities provided the works do not involve the removal or

destruction of any significant above-ground features or sub-surface archaeological artefacts or deposits.

Removal of plants listed as noxious weeds in the Catchment and Land Protection Act 1994.Note: Particular care must be taken with weed and vermin control works where such activities may have a detrimental effect on the significant fabric of a place. Such works may include the removal of ivy, moss or lichen from an historic structure or feature.

Public Safety and Security Public safety and security activities provided the works do not involve the removal or destruction

of heritage fabric; The erection of temporary security fencing, scaffolding, hoardings or surveillance systems to

prevent unauthorised access or secure public safety which will not adversely affect the fabric of the place;

Development including emergency stabilisation necessary to secure safety where a site feature has been irreparably damaged or destabilised and represents a safety risk to its users or the public.

Note: Urgent or emergency site works are to be undertaken by an appropriately qualified specialist such as a structural engineer, or other heritage professional

21

Signage and Site Interpretation Signage and site interpretation activities provided the works do not involve the removal or

destruction of any heritage fabric; The erection of non-illuminated signage for the purpose of ensuring public safety or to assist in

the interpretation of the heritage significance of the place or object and which will not adversely affect heritage fabric or obstruct significant views of and from heritage fabric;

Signage and site interpretation products must be located and be of a suitable size so as not to obscure or damage heritage fabric;

Signage and site interpretation products must be able to be later removed without causing damage to heritage fabric.

Note: The development of signage and site interpretation products must be consistent in the use of format, text, logos, themes and other display materials. Note: Where possible, the signage and interpretation material should be consistent with other schemes developed on similar or associated sites. It may be necessary to consult with land managers and other stakeholders concerning existing schemes and strategies for signage and site interpretation.

22

RELEVANT INFORMATION

LOCAL GOVERNMENT AUTHORITY Baw Baw Shire Council

HERITAGE LISTING INFORMATION

Heritage Overlay: No

Victorian Aboriginal Heritage Register: No

Other listing: The Thomson River is listed as a Heritage River under Heritage Rivers Act 1992.

HISTORY

The Walhalla GoldfieldsThe Thomson River is one of the major waterways in the Walhalla Goldfield, a region known for quartz mining. This goldfield was one of a succession of gold discoveries in the late 1850s and early 1860s as prospectors worked further into the vast mountain ranges of eastern Victoria. The alluvial gold found in the bottom of the valley (at the site of current day Walhalla) by Ned Stringer in January 1863 derived from the erosion of gold-bearing quartz reefs on the hillsides above. With the example offered by so many earlier goldfields in Victoria, these reefs were opened rapidly.

The best of the many reefs discovered at Walhalla, Cohen’s Reef, achieved astonishing levels of production in the Long Tunnel and Long Tunnel Extended ground, the Long Tunnel going on to become the State’s highest gold producer historically with 815,569 ounces of gold and paying £1,283,400 in dividends. The combined production from the Long Tunnel and Long Tunnel Extended was 1,255,881 ounces, with over £2 million paid in dividends. This level of success of Walhalla quartz reefs ensured ongoing interest in gold in the area, including the gold that had eroded naturally over time into stream systems like the Thomson River.

Goldmining along the Thomson RiverThe mining activity undertaken along the beds and banks of the Thomson River and its tributaries was alluvial (fine metal gold or nuggets) mining. It involved the digging and sluicing of exposed river gravels, bank and slope soils, for gold. The diggings at Horseshoe Bend were mentioned in the Mining Surveyors Reports of March 1864, following the first rush to the river in early 1864. The report was an encouraging one, with numbers of miners increasing and good wages being made. In October of that year, Constable Michael Feely reported that the Thomson River miners were doing well. He said they were a ‘fine, respectable and agreeable lot of men and won’t allow strong drink among them. They have nice gardens well cropped with vegetables on the bank of the river and their huts are quite comfortable.’

In 1870 the Thomson River diggers struck a lead on the river, near the Thomson River Bridge. Payable results were obtained. In 1871 the Mining Surveyor reported that ‘at Cooper's Creek a party are engaged in tunnelling in the bed rock, to form a tail-race for the purpose of draining the flat, which is supposed to be the old bed of the Thomson River’. By mid-1872 alluvial mining in the district was said to be confined to scattered miners, getting fair returns. In 1877, the bed and banks of the Thomson River were reported to be providing a fairly good living for the miners. The following year creek and river sluicing in the district increased and several parties on the Thomson River were making better than wages. The number of miners on the river increased again in 1879, some parties earning £4 per week per man.

The Mining Surveyor reported in 1880 that ‘alluvial mining consists wholly of creek and river mining’. Another report two years later painted a different picture, with the mining surveyor writing that

23

‘alluvial mining seems to be gradually declining, if not dying out, in this division’, and speculated further that 'considering that the beds and banks of the various rivers and creeks have generally been so often turned over, the wonder is that they continue at all remunerative’. In 1886 he wrote that ‘alluvial mining ‘in the true sense is completely at a standstill, a few creek and river sluicers being at present the only winners of free gold, and as nearly all the beds in this division (which, by-the-bye, were never rich) have at some time or other been passed through the sluice-box, not much can be expected from this source’.

The Thomson River Diversion TunnelThe Thomson River Diversion Tunnel seems to have had its origins in 1898, when George Weeks took up a narrow strip of the riverbed around Horseshoe Bend. Weeks’ diversion scheme was nearly four and a half miles long and eleven yards in width, and included at least two flumes to transport the diverted flow across the Thomson River and a long tunnel through Horseshoe Bend. This grand scheme was never built.

Between 1911 and 1912 the Thomson River Alluvial Gold and Tailings Recovery Company undertook more modest works at Horseshoe Bend to divert a portion of the river flows by driving a tunnel through Stockriders Spur. The purpose of diversion tunnels was to divert some most or all ofr the river flow away from the river bed so that it could be sluiced for alluvial gold, particularly in summertime. Horseshoe Bend was an ideal site for a diversion tunnel because it possessed a topography and features worth the financial risk – a known gold location, a suitable size and shaped spur through which a tunnel would make a very long section of the river bed accessible, and the existence of a large rock bar to facilitate stream flow into a tunnel built upstream from it.

The work at Horseshoe Bend commenced in 1911. Labour problems after the first 215 feet forced the company to tender out the completion of the tunnel, and the contract was awarded to William John (Jack) Hannaford. Jack pushed on, opening two faces, and leaving a small strip of rock at the inlet end. By 18 September 1912 the tunnel was 533 feet long and nearing completion, and in October the tunnel was finally opened with a gala day. The last charges were set on a thin wall of rock, but rather than wait for a signal from Jack, the miner who was to set the explosives off got impatient and lit the fuses. The wall was breached and water flooded through the tunnel. Unbeknown to him, Jack had let his wife and three oldest children have one last ride in the trolley, and they were swept from the tunnel in a torrent of water. Fortunately his wife Clara was a good swimmer and rescued all the children.

Once completed, a portion of the flows of the Thomson River flowed through the tunnel, leaving allowing the partly dry river bed to be sluiced for alluvial gold. The results of the mining that followed are not known, and it has been assumed that because no reports followed, the operation was not very successful. The lease was declared void on 10 March 1914, less than 18 months later. It may be that that this was sufficient time to completely strip the river bed around the bend, after which time the company would have had no further interest in that section of creek. Gold mining across Victoria decreased dramatically with the advent of World War I (1914-18). The Thomson River Alluvial Gold and Tailings Recovery Company No Liability was struck off the companies register in 1943.

VICTORIAN HISTORICAL THEMES 04 Transforming and managing land and natural resources

4.5 Gold mining

24

PHYSICAL DESCRIPTIONThe Thomson River Diversion Tunnel Site is located about 4km south-west of Walhalla in Gippsland, 1.5km south of where Stringers Creek joins the Thomson River. The tunnel has been excavated under Stockriders Spur and is 220 metres in length. The Thomson River flows north to south and the tunnel extends on a downwards incline between the inlet and outlet and has a sharp change in horizontal angle prior to both the inlet and outlet. The tunnel is up to 2.2 metres in width cut into the bedrock. Within the tunnel there are a series of rock bars separating stages of rock pools. The tunnel diverts water a portion of river flows away from a now partly dry 1.2km section of the river bed between the inlet and outlet, which is known as Horseshoe Bend. There are deep pools of water in the river near the inlet and outlet. There is a large rock bar near the inlet which assists the water to pool and flow into the tunnel. The place is located in a steep well vegetated river valley. The entry and exits of the tunnel contribute to the significance as the most visible elements of the water diversion scheme.

INTEGRITY/INTACTNESSIntactnessThe Thomson River Diversion Tunnel Site is largely intact. The high quality engineering and workmanship of the diversion tunnel is evident in the physical fabric. The form alignment of the Horseshoe Bend river bed is intact but evidence of the gold mining enabled by the tunnel no longer survives due to flooding and erosion over the last hundred years.

IntegrityThe Thomson River Diversion Tunnel Site has a high degree of integrity. The cultural heritage values of the diversion tunnel can be readily appreciated, and the form alignment of the Horseshoe Bend river bed contributes to an understanding of the original design.

CONDITIONThe Thomson River Diversion Tunnel Site is in good condition.

KEY REFERENCES USED TO PREPARE ASSESSMENT Rob Kaufman, Historic Heritage Survey: Horseshoe Bend Gold Mining Area, Thomson River,

Victoria, Report prepared for West Gippsland Catchment Management Authority, 5 October 2010.

David Bannear, Victorian Goldfields Project: Assessment of Historic Gold Mining Sites, Reports produced by for the former Department of Conservation, Forests & Lands and Department of Natural Resources & Environment between 1990 and 1999.

25

MAPS AND IMAGES

Diagram of the Thomson River Diversion Tunnel Site.

26

Aerial photo with diversion tunnel indicated in a red dashed line.Flow of water indicated with blue arrows.

Source: www.latrobevalleyexpress.com.au

Inlet pool, rock bar and inlet of the diversion tunnel (north end of the site).Source: www.latrobevalleyexpress.com.au

27

Tunnel Inlet

Tunnel outlet

Outlet pool at the outlet end of the diversion tunnel (south end of the site).

28

ATTACHMENT 1

Existing Previous registration details

To be superseded by the foregoing document recommendation

EXISTING PREVIOUS CATEGORIES OF REGISTRATIONHeritage place, Archaeological place.

EXISTING PREVIOUS EXTENT OF REGISTRATION

1. All the tunnel known as Thomson River Diversion Tunnel, as marked B1 on Diagram 1990 held by the Executive Director.

2. All the land marked on Diagram 1990 being a 5m curtilage around the tunnel at ground level including the entrance and exit.

Diagram 1990

EXISTING PREVIOUS STATEMENT OF CULTURAL HERITAGE SIGNIFICANCEWhat is significant?The Thomson River Diversion Tunnel is located about 4km south-west of Walhalla in Gippsland, 1.5km below where Stringers Creek joins the Thomson River. The tunnel was driven through a ridge of land called Stockriders Spur, around which the river formed a horseshoe bend.

Diversion tunnels facilitated alluvial gold mining along the former courses of rivers. After completion the river would flow through the tunnel, allowing in summer time most or all of the flow to be diverted so that the river bed could be sluiced for alluvial gold. In winter the volume of water flow would probably resume the former course, making sluicing very difficult.Construction of the Thomson River Diversion Tunnel by the Thomson River Alluvial Gold and Tailings Recovery Company was begun in August 1911. Work started at the outlet end and the tunnel was driven at an incline through the slate rock. Construction was completed around October 1912 by blasting through rock at the inlet end. The total length of the tunnel is about 561? (171m). The tunnel is not straight, but reportedly has a sharp change of angle below the entrance and again near the

29

outlet. The entry and exits of the tunnel contribute to the significance as the most visible evidence of the scope of the undertaking.

The fortunes of the Thomson River Alluvial Gold and Tailings Recovery Company are not known, but the working of the horseshoe bend of the Thomson River is not believed to have brought significant dividends. Alluvial mining was never a major feature of the Walhalla field, being confined to sluicing on the beds and banks of Thomson River and its tributaries. In 1886, the mining surveyor observed that nearly all the beds had at some time or other been passed through the sluice-box.

How is it significant?The Thomson River Diversion Tunnel is of historical and Archaeological significance to the State of Victoria.

Why is it significant?The Thomson River Diversion Tunnel is historically and archaeologically significant as evidence of one of the dying stages of an industry that had dominated Gippsland for over fifty years. The settlement of the Walhalla area from the mid-1860s had been on the basis of reef mining. With the rapid decline in the fortunes and subsequent closure in 1914 of such prolific mines as Long Tunnel, the sluicing of this part of the Thomson River was one of the last initiatives to win payable gold. Sluicing for alluvial gold in the Thomson River in 1912 had turned the Walhalla wheel full circle from the first prospectors working for gold in Stringers Creek in the early 1860s. The tunnel is significant as one of the last and longest diversion tunnels constructed for winning gold in the Victoria.

The Thomson River Diversion Tunnel is socially significant as a component of one Victoria’s most evocative gold mining landscapes. The tunnel contributes to a unique cultural and historical landscape, which was dominated by gold in the nineteenth century, but a landscape with little permanent evidence of its former importance.

EXISTING PREVIOUS PERMIT POLICY It is intended that any major construction or demolition which affects the cultural heritage significance of the structure of the tunnel be subject to the permit process.

EXISTING PREVIOUS PERMIT EXEMPTIONSNone.

30