TRIAL BAY GAOL PAUL DAVIES PTY LTDCONSERVATION MANAGEMENT AND CULTURAL TOURISM PLAN APRIL 2004

Appendix H

The project brief

SYDNEY/RDE/APPH BRIEF

NSW NATIONAL PARKS& WILDLIFE SERVICE

BRIEF FOR THE PREPARATION OF ACONSERVATION MANAGEMENT & CULTURAL TOURISM PLAN

FOR TRIAL BAY GAOL

CONTENTS:

1.0 Introduction2.0 Study Area3.0 Background4.0 Project Objectives and Outcomes5.0 Approach6.0 Guiding Documentation7.0 Existing Information and New Research8.0 Report Contents9.0 NPWS Consultation10.0 Consultant Team Selection11.0 Project Management12.0 Tender Submissions and Enquiries13.0 Glossary of Terms14.0 References

Attachments:1 Study Area Location Plan2 Study Area Site Plan3 Roles and Responsibilities in Conservation Management Plan Preparation: Information for

Consultants4 NPWS Standard �Contract for Services�

1.0 INTRODUCTION

The objective of the preparation of the Conservation Management & Cultural Tourism Plan (CMP) is toidentify, direct and achieve long term conservation and management outcomes for Trial Bay Gaol.

The NSW National Parks and Wildlife Service (NPWS or Service) as a corporate entity is the client and islegislatively responsible for environmental land management and conservation of places of natural andcultural heritage value. Trial Bay Gaol is located 5 km ENE of South West Rocks within Arakoon StateConservation Area (formerly Arakoon State recreation Area (ASRA).

Trial Bay Gaol is listed on the Register of the National Estate. It is a key tourist destination andlandscape with high conservation value.

The Gaol currently operates as a Museum with camping booking office and small shop included. Anestimated 500 000 visitors per annum visit Arakoon SCA and surrounding area.

The Discovery tours program operates mostly during school holidays, with growing demand for monthlyTwilight Tours and school tours.

A Business and Marketing Plan is currently in development, and actively seeks to develop the revenuegeneration of the site, in line with this CMP.

NPWS requires that the CMP will integrate the description and assessment of the cultural and naturalvalues of the place; emphasise the social/community values of the place; and will clearly articulate aforward-looking vision statement for the management of the place. The Arakoon State Recreation AreaPlan of Management (PoM) is the statutory document that regulates the management of the park. TheCMP will inform the PoM.

It should be noted that the CMP is a management document that will be made available to the public.The consultants must therefore be aware of, and demonstrate sensitivity to, issues around confidentialinformation (including in relation to Aboriginal heritage) and ensure appropriate management of suchinformation.

2.0 STUDY AREA

An indicative Study Area Site Plan is shown in Attachment 2 (as per J.S. Kerr document).

An appropriate curtilage for the place will need to be confirmed as part of the project.

3.0 BACKGROUND

The Statement of Significance noted in Trial Bay Prison Study by Teece, Chesterman, Willis and PartnersPTY LTD in association with Dr J.S. Kerr includes the following :

• Rarity: ie as the only example in the state of a public works prison• Social and archaeological significance: as it contains substantial remains which reflect changing

attitudes to penal discipline and architecture, between 1870 and 1903• Scientific interest: construction in the exceptionally hard local granite• Aesthetic significance: provided by the dramatic setting girt by the sea and mountains , as well

as by the architectural design giving a strong sense of place• Social significance: the location immediately adjacent to a range of natural recreational facilities

and location within an SRA with the highest visitation rate outside Sydney

The Arakoon SRA Plan of Management identifies the importance of the site as follows:�Trial Bay Prison�� the only example of a nineteenth century works prison in NSW�

Trial Bay Gaol is listed on the Register of the National Estate.

Trial Bay Gaol is of great social significance to the local community, with many having fond childhoodmemories of playing there, or having relatives with a connection to the area.

The consultant will need to identify and respond to community concerns and ensure consideration oftheir views in the preparation of the CMP (section 8.3).

4.0 PROJECT OBJECTIVES AND OUTCOMES

Key project objectives are listed below.• To assist NPWS to meet corporate objectives and statutory requirements.• To ensure the balanced and compatible management of cultural (Historic and pre-contact Aboriginal)

and natural heritage values of the Study Area.• To consider the cultural significance of the Trial Bay Gaol as an individual place as well as being part

of a broader suite of pastoral places managed by NPWS.• To develop forward looking management policies within the context of legislative requirements, the

NPWS management framework and stakeholder issues;• To identify cultural tourism opportunities that may generate revenue and to examine any issues

surrounding such opportunities.

The outcomes of the CMP will be:• to support the long-term conservation and management focus of Trial Bay Gaol as a tourism

destination;• to inform the Plan of Management for Arakoon SRA (now Arakoon State Conservation Area) ; and• to ensure best practice management of cultural heritage values.

NPWS recognises the need to conserve significant physical fabric and the setting of the place. Beyondthis however, it is important that the CMP identify a long-term sustainable use(s) for the place and thatpolicies be framed so as to achieve such use(s).

5.0 APPROACH

In line with current cultural heritage management planning, NPWS requires that the following approachbe adopted in the preparation of the CMP.1. An integrated, or whole-of-landscape, approach with regard to the identification and assessment of

all cultural (both Historic and pre-contact Aboriginal) and natural values.2. A cultural landscape approach to understanding the values of the place within its wider

environmental/biogeographic, historic and social setting.3. An emphasis on identifying and framing policies regarding the social/community values of the place.4. Develop and clearly articulate a vision as a key destination place and landscape for cultural tourism

and recreation.

The CMP must be presented in a clear and user-friendly format.

6.0 GUIDING DOCUMENTATION

The Arakoon SRA Plan of Management (PoM) forms the statutory basis for the management of the parkand the historical places within it. The CMP for the Study Area will inform the PoM. Where conflictsbetween the CMP and PoM are identified, the issue(s) must be highlighted and a process for resolutiondetermined.

Trial Bay Gaol has been identified as a key destination place and landscape in the Mid North CoastRegion Cultural Heritage Management Strategy (Draft Report October 2002).

The CMP will be prepared in accordance with the philosophy and definitions as set out in the BurraCharter and Guidelines to the Burra Charter issued by Australia ICOMOS; the International CulturalTourism Charter (as adopted by ICOMOS 1999); Australian Heritage Commission�s Australian NaturalHeritage Charter; J.S. Kerr�s Conservation Plan; the NSW Heritage Manual; Heritage Office CMPguidelines and the NPWS Field Management Guidelines.

7.0 EXISTING INFORMATION AND NEW RESEARCH

It is anticipated that the information that will form the basis of this CMP will be a result of the analysisand synthesis of existing documentary and oral research relating to the Study Area. The Service willprovide access to all detailed studies, oral histories, historical photos, maps and plans relevant to thestudy area.

Where there are gaps in information, or where the information is not of an acceptable standard, thesewill need to be identified and relevant research by the consultant may be required. It is anticipated thatin the preparation of the CMP for Trial Bay Gaol, the following additional information may be required:• Identification of social/community values• Research into the �shared� history of the place• Mapping of archaeological remains (Historic and pre-contact Aboriginal) and the preparation of an

Archaeological Zoning Plan

The consultant is required to use information agreements1 in obtaining cultural heritage information fromindividuals and communities. Copies of any source materials collected will become the property of NPWSon the completion of the project.

8.0 REPORT CONTENTS

The Conservation Management Plan is to include but not be limited to the following information:

8.1 Introduction

• Executive Summary• Table of Contents• Background• Report Objectives and Outcomes• Location Plan and Site Plan(s)• Scope of CMP• Authorship• Documentary Sources• Report Limitations• Acknowledgments

8.2 Historical Overview

1 An Information Agreement should include but is not limited to:

• Statement of ownership/custodianship of the information;• The purpose for which the information is collected;• How the information will be collected;• How and where the information will be stored;• The use of the information;• Lodging the information or part of the information with NPWS Heritage Registers;• Restrictions to be placed on the use of the information including time limits, gender or secrecy issues;• The use of the information in the event of the information holder passing away;• Who can have access to the information;• Publication issues; and• Commercial use issues.

One Aboriginal midden site close to TBG is recorded on the NPWS Register (Jackson et al 1982) for theSRA. In addition, there is a �mythical site � located at Laggers Point related to the Thurgatti(Dhungatti) people.� (Jackson et al 1982), to be confirmed as part of this project.

European use has been most intense at Laggers Point and within the walled prison area. During itsthree stages of use- as Public Works Prison; German Internment camp then as State Recreation Area -the TBG has dominated the economic life of the nearby town, SWR (Jackson et al 1982).

The Prison was constructed from 1886 onwards as a result of prison reform recommendations putforward by a Parliamentary Select Committee. The main training was in stone masonry � first to buildthe Prison itself, and then to construct a harbour of refuge by building a breakwater into Trial Bay.

From 1915 some 500 German civilians were interned here as �enemy aliens�. Extensive photos andsome artefacts remain from this period.

In 1922 the Gaol was �stripped� of all fittings and it was not used until the 1960�s as a recreation area.

Relevant themes represented at Trial Bay Gaol include:From �NSW Historical Themes� with Correlating Australian themes Annexure 2) :1. Tracing the natural evolution of Australia � Environment � naturally evolved - Geology of

area2. Peopling Australia � Aboriginal cultures and interactions with other cultures � local peoples3. Peopling Australia- Ethnic influences � German internment period4. Developing local , regional and national economies �Transport � Need for safe harbour

related to building of Breakwall and original estabilshment of Public Works prison at TBG5. Governing � Law and order � Public Works prison period and German internment period6. Developing Australia�s cultural life � Leisure � State Recreation Area era

Although some existing information on the history of the park is available, it is anticipated that someprimary research into the history including the post-contact Aboriginal history of the place will berequired. The historical overview should clearly identify relevant AHC national themes, NSW HeritageOffice State themes and relevant regional/local historical sub-themes.

The history should be presented in a self-contained format suitable for publication.

8.3 Contemporary Social Values

The CMP should identify the community groups and individuals that have, or may have, particularattachment to the study area. Such groups will include adjoining landowners/managers, and localAboriginal groups and individuals; as well as past Trust staff and past and present Service staff whohave worked in ASRA. Other relevant groups include and are not limited to: Arakoon volunteer bushregenerators; local Dune Care members; SWR Maritime Museum; and the Macleay Valley HistoricalSociety; Val Melville.

Social attachment to the landscape, social values and contemporary interests of various stakeholdercommunities should be clearly identified and documented. It is anticipated that the consultants willconsult with representatives of all key stakeholder groups. The consultant will need to identify andundertake appropriate consultation methods that may include public meetings, working groups, focusgroups and/or one-on-one interviews. The outcomes of consultation and the stakeholder meeting(s) willbe included in the CMP.

Attention must be paid to the recognition of ongoing Aboriginal cultural associations and values, bothwith the historic and present landscape and with past evidence of Aboriginal occupation and settlement.

8.4 Landscape Overview and Description

Provide a comprehensive overview of the place in relation to its cultural and natural values. This sectionmust contain sufficient information about the diverse cultural and natural resources that comprise theStudy Area to underpin a comprehensive assessment and statement of significance.

For the purposes of this brief, the natural and cultural resources are presented as distinct items,although the consultant should treat the landscape as the total environment and consider all of its valuesin an integrated manner, in its description, in the assessment of significance and in the policyformulation.

EnvironmentThis section must include information on:• natural heritage values;• information on how humans have viewed the landscape and have interacted with it;• totemic links to particular native plants or animals;• introduced species, including site plans noting significant cultural plantings;• vistas and views; and• locations where management of cultural and natural landscape values may be in conflict, including

on the edges of core areas.

The CMP must contain an overview and description of the natural heritage values of the Study Areawithin the context of ASCA and beyond. Particular attention must be paid to native species that are rareor endangered across the place; and to the condition and integrity of landscapes and in particular theircapacity to cope with increased public usage. The description of the edges of the core areas will beimportant in relation to identifying curtilages and to determining management requirements.

The CMP should document human interactions with the environment and landscape changes as well aspresent community perceptions of the landscape. This aspect should include past and present images(photographic; artistic; descriptions) of the landscape.

Pre-Contact Aboriginal HeritageThe CMP must provide an overview of the Aboriginal pre-contact heritage and must also includeinformation and analysis of the Aboriginal heritage of the Study Area within a regional context. A bodyof existing information exists on the pre-contact Aboriginal heritage of the Arakoon SRA, much of whichis included in the AHIMS. Some addition secondary research may need to be undertaken to inform thesevalues.

Information about recent consultation with Aboriginal communities must be included, although it is notanticipated that Aboriginal community consultation will form a large part of the preparation of the CMP.The NPWS Aboriginal Heritage Information Management System (AHIMS) should be consulted forinformation about known and potential sites/places within the Study Area.

Historic HeritagePresent an overview and description of the historic heritage, including shared heritage (non-indigenousand Aboriginal historic heritage), of the Study Area. The following information should be provided:

• Curtilage/s of individual precincts and for the place as a whole;• Description and sketch plans of the whole place, as well as building groups, individual buildings,

historic contents, historic camps and movable heritage items;• Identification and description of known and potential historic archaeological sites and features, as

well as a plan(s) showing their locations;• Description of the fabric of the site, noting original and later building fabric and site modifications;

and• Integrity, significance assessment and condition assessment of all identified features.

The Consultant should utilise and update/expand existing NPWS Historic Places Register inventory sheetsfor individual items and refer to JS Kerr�s reference list of plans and other sources.

NPWS Staff and Visitor Facilities OverviewPresent a critical analysis and overview of the existing visitor facilities and presentation of the StudyArea, including staff and visitor accommodation, museum and interpretation and tourism facilities,access, services, infrastructure and other amenities of the cultural heritage values.

The overview should also include information and analysis of visitor numbers and profiles, regional andsite based tourism and current site usage within and around the precinct in context of Arakoon SRA andneighbouring Smoky Cape Lighthouse and Hat Head NP.

8.5 Assessment of Significance

The assessment of cultural significance must:• be based on current NSW Heritage Office criteria;• include a comparative assessment looking at other similar places in NSW;• integrate all cultural and natural heritage values; and• nominate local, regional, state, national and international levels of significance.In particular it is expected that the Consultant(s) will provide an integrated assessment of the Aboriginaland non-indigenous post-contact histories associated with the site.

A table of relative significance of all built and landscape items will need to be prepared to guide theirconservation management. The fabric of the items should be graded as being of primary, contributory,little, no or intrusive significance; or an equivalent system of grading.

Statement of SignificanceThe statement of significance must synthesise all of the essential aspects of the cultural and naturalvalues for the Study Area and be no longer than one page in length. The levels of significance must beclearly defined (local; regional; state; national; international) and derive from the preceding sections ofthe report.

8.6 Policy Formulation

The formulation of conservation management policy will need to consider a range of general and specificissues including those listed below.

Opportunities and Constraints arising from the Statement of Significance• Retention of the significant cultural and natural heritage values of the setting and features of the

Study Area.• Identification of opportunities for future use.

Statutory Compliance• Heritage legislation including National Parks and Wildlife (NPW) Act; Heritage Act; Environmental

Planning and Assessment (EPA) Act, including relevant Regional or Local Environmental Plans andState Environmental Planning Policies; and Native Title (New South Wales) Act.

• The ASRA Plan of Management as the statutory basis for the management of the park.• Compliance legislation including requirements for fire and safety in the Building Code Australia (BCA);

occupational health and safety (OH&S); other relevant design and building standards; appropriateaccess Disability Discrimination Act and residential tenancy as relevant.

Non-statutory Considerations• Obligations resulting from listing by the National Trust and Australian Heritage Commission.• Obligations resulting from charters including the Burra Charter; International Cultural Tourism

Charter; and Australian Natural Heritage Charter.

NPWS Policy and Management• NPWS conservation management objectives as identified through the NPWS Corporate Plan and the

Mid North Coast Region Cultural Heritage Management Strategy.• NPWS management obligations for both natural and cultural resources within a local, regional, state,

national and international context.• NPWS policy, planning and management documents including the Cultural Heritage Strategic Policy

(Attachment 4); Field Management Policies; Interim Guidelines for approvals; and NPWS RiskManagement Strategic Plan and the draft Risk Management Assessment report prepared for Trial BayGaol September 2002.

• NPWS Assets Maintenance System (AMS) requirements. Stakeholders• Issues and concerns arising from consultation with key stakeholders and local community

representatives.

Condition and Integrity of the Place• Conservation issues.• Public liability issues and risk management.• Appropriate future use and management

8.7 Conservation Policies and Guidelines

This section will build on the Policy Formulation as outlined in section 8.6. It will present:• a head policy which is a forward looking vision statement for the place;• strategic policies to support the head policy;• detailed policies for individual precincts, structures and features; and• detailed specific issue policies to assist in the operational management of the place.

Policies will need to address and not be limited to the topics and issues listed below. The conservationpolicies and guidelines need to be formulated within a cultural tourism context that promotes appropriatereuse of the place within the NPWS management context.

Management of Heritage Significance (General)• Orientation toward achieving the identified long-term conservation and management outcome; ie

as a key destination place and landscape;• Management of all values of the place (built, movable and archaeological heritage; Aboriginal

heritage; natural heritage);• Retention and management of significance;• Ensuring conservation management objectives are achievable;• Management of heritage significance within the context of the future use of the place as a

tourism destination.

Compliance with NPW Act, Heritage Act and other statutory legislation• Ensuring and guiding compliance with NPW Act for any future uses or activities;• Ensuring and guiding compliance with the Heritage Act and State Heritage Register minimum

standards of maintenance and repair;• BCA, OH&S and Disability Discrimination Act;• Other statutory requirements as relevant and as outlined above.

Compliance with NPWS Corporate Values and Policy• Ensuring compatibility with NPWS corporate values (NPWS Corporate Plan);• Compliance with relevant NPWS policies;• Compliance with ARSA Plan of Management.• Compliance with NPWS Risk Management Plan and Trial Bay Gaol Risk Management Assessment.

Environment and Cultural Landscape• Managing the natural and cultural landscape values;• Managing the cultural landscape, including cultural plantings in the core areas;• Managing the edge between cultural and natural landscape elements;• Managing the visual amenity of the place;• Managing the functional amenity of the place; including public health and safety and risk

management issues associated with the landscape;• Determining appropriate landscape works and managing new works;• Managing environmental impacts;• Managing visitor use and service and infrastructure impacts;• Maintenance of natural and cultural landscapes.

Site and Built Heritage• Conservation management of the overall site, building complex and individual buildings;• Conservation management of external and internal building fabric and structural elements;• Public health and safety and risk management issues associated with retention of individual or

groups of structures;• New works, including new buildings, building alterations, site and landscape works, services and

access.

Archaeology• Archaeological policy will be presented in conjunction with an Archaeological Zoning Plan for

known and potential historic and pre-contact Aboriginal archaeological sites;• Based on identifying the location of archaeological remains and an assessment of the significance

of these remains, management policy should be based on broad zones related to significance.

Movable Heritage• Management, including documentation, of surviving movable heritage and further planning and

works required;• Elements removed from the place that survive elsewhere.• Elements removed from other places that are currently located/stored within the Study Area.

Pre-Contact Aboriginal Heritage• Appropriate community involvement and management for the conservation of Aboriginal

sites/places and practices within the Study Area;

Appropriate Change and Maintenance• Cyclical maintenance of built and landscape fabric in line with requirements under the Heritage

Act and the NPWS Assets Maintenance System (AMS);• Compatible adaptive reuse opportunities for any of the built structures/landscape;• Acceptable limits of change/alterations/modifications to structures;• Options for appropriate use including NPWS Staff use, visitor use and museum and tourism

facilities;• Development guidelines and/or controls for new works or alterations/additions, appropriate site

selection, materials and massing.

Visitor Use and Interpretation• Managing visitor usage and impacts, including the management of existing and new amenities;• Appropriate public interpretation of the cultural and natural values of the place which is both

place specific and extends NPWS core public education values;• Making the significance of the place accessible to the public in culturally appropriate ways.

Plan Consultation and Review• Review and updating of this CMP;• Public access to the CMP;• Endorsement and review of conservation policies and guidelines.

Research, Listing and Recording• Other conservation planning or scheduling required (such as precinct plans, building plans and

movable heritage plans or scheduling);• Management of archives and records.

8.8 Regional Tourism Context

NPWS is currently developing a Business Plan, Marketing Plan and Interpretation Plan for Trial Bay Gaoland Smoky Cape Lighthouse. This CMP will guide the preparation of these documents.

The CMCTP should identify opportunities for future visitor use and tourism; identify opportunities for themarketing and promotion of the place within a regional context; and give guidance on the interpretationof the place within the context of similar places within the region and State.

The Consultant(s) should consider the existing interpretation and suggest options for re-use of existinginterpretive material or the introduction of new interpretive material that is consistent with themaintenance of the cultural heritage values of the Study Area. It should include on-site and off-siteprograms, through a range of media including displays, signage, public and self-guided tours.

The consultant(s) must be aware of and demonstrate sensitivity to issues around confidentialinformation in relation to the interpretation of heritage and ensure information use is in accordance withthe wishes of those who provide information.

8.9 Implementation Strategies and Actions

The conservation policies will need to be translated into general as well as site specific actions organisedwithin time frames which can be incorporated into Regional operational planning documents. Strategiesand actions should be set out in 1, 3 and 5 to 10 year time frames with a section detailing ongoingcyclical maintenance works.

The implementation action plan must be presented in a clear, easily read and user friendly format andstyle as it will largely be undertaken by NPWS field staff, some of whom may not have a detailedknowledge of cultural heritage policy implementation.

It is anticipated that a review of the plan will take place after 5 years.

9.0 NPWS CONSULTATION

The consultant will be required to establish a close and ongoing liaison with NPWS Mid North CoastRegion. There will also be a requirement for consultation with key stakeholders and local communities aspart of the preparation of the plan. The consultant should refer to the Guidelines to Consultants attachedto this brief (Attachment 3) for information on the roles of the project manager, Mid North Coast Region� Macleay Area and Cultural Heritage Division (CHD); the project Steering Committee; and the role ofthe NSW Heritage Office.

Establishment of Trial Bay Gaol CMP Steering CommitteeThe NPWS steering committee for the project may include but not be limited to - the project manager,Area Manager, a representative from Northern Aboriginal Heritage Unit and from CHD (Head OfficeCultural Heritage Division).

Meeting Schedule• Establishment meeting on either December 12 or 16 2002 with consultants, and at least

CHD representative and Project Manager probably at NPWS Head Office Hurstville.• Progress report meeting on site with full steering committee, probably in January 2003• Preliminary draft report meeting in March / April 2003 to discuss the report prior to the

draft for public exhibition.

• Final report meeting which will follow the close of public exhibition and allow the committee toreview comments received prior to the finalisation of the report

Site Access and Access to InformationIt is anticipated that consultants will need to visit the Study Area for familiarisation, research andassessment purposes. With forward notice, NPWS local staff can arrange for access to all areas andprovide advice on suitable accommodation. Access to all relevant information can be organised throughthe project manager.

10.0 CONSULTANT TEAM SELECTION

The Service requires a lead consultant with a team of appropriate specialists with experience in culturaland natural heritage management to prepare a CMP for the Study Area. The consultant will be expectedto utilise multi-disciplinary skills to undertake this project within a given budget and timeframe, withcompletion to a standard suitable for submission to the NSW Heritage Office and public exhibition.

It is anticipated that consultant team will include a conservation architect; landscape architect; historian;archaeologist; ecological/natural values assessment specialist; horticulturalist; engineer; conservator;interpretation and tourism specialist. The consultant team will be selected and evaluated on the followingSelection Criteria:

1. Appropriate cultural and natural heritage management conservation skills;2. Proven cultural heritage management experience in the preparation of readable, user-friendly CMPs;3. Experience in the development of strategies for heritage places with consideration of compatible

adaptive reuse options for buildings and tourism;4. Experience in the preparation of archaeological management plans;5. Appreciation of, and ability to communicate, NPWS management objectives and outcomes;6. Appreciation of, and ability to communicate, environmental planning and legislative issues associated

with conservation and development in National Parks;7. Experience in liaison with community groups; and8. Proven ability to complete work and meet deadlines.

11.0 PROJECT MANAGEMENT

11.1 Project Manager

The project will be managed by Ranger Macleay through the Macleay Area of NPWS Mid North CoastRegion. All meetings and reports will be arranged through the Macleay Area of Mid North Coast Region,through the Project Manager (see section 12.4 for contact details).

11.2 Timing

It is anticipated that the project will take approximately 4 months from commissioning to completion of aDraft CMP suitable for endorsement by the NSW Heritage Office and NPWS for public exhibition. It isanticipated that the Final CMP will be completed by 2003.

It is anticipated that this document will be endorsed and adopted under the Heritage Act through NPWSHeritage Office delegation, therefore the timeframe for finalisation can be expected to occur within areasonable timeframe.

11.3 Fees

A total project fee of $60 000 (inc GST) is available for this project. Project fees are to cover, unlessotherwise indicated, all disbursements expended by consultant during the course of the project,

including materials for the report preparation and all travel costs to and from the Study Area andaccommodation associated with the project.

11.4 Reporting

It is proposed that the CMP will be prepared in four stages.

Stage One will comprise the submission of an Initial Progress Report, including sections 8.1 to 8.5 ofthis Brief.

Stage Two will comprise the submission of a Preliminary Draft CMP, including sections 8.1 to 8.9 of thisBrief. NPWS will provide in-house comment and feedback to the consultant.

Stage Three will comprise the undertaking and submission of a Draft CMP suitable for submission foradoption and endorsement by the NPWS CHD and NPWS Executive and placement on public exhibition.Ten copies of this report will be required by NPWS at the completion of Stage Three.

NPWS will provide public and in-house comment and feedback to the consultant.

Stage Four will consist of the completion and finalisation of the CMP incorporating comments from thepublic exhibition process. Stage four is to be completed as soon as possible after receipt of thesecomments.

11.5 Payments

Progress payments as a percentage of the agreed fee will be made after satisfactory completion of thefollowing staged reports:

Establishment Fee on submission and 20% Work Plan due two weeksacceptance of Work Plan after contract signed

On submission and acceptance of Initial 30% Report due 12 weeksProgress Report after commissioning5 bound A4 copies

On submission and acceptance of 30% Report due March 2003Preliminary Draft CMP1 unbound & 5 A4 bound copies

On submission & acceptance of 20% Report due 2 weeks afterof Final CMP NPWS comments1 unbound & 20 A4 bound copies provided& 1 electronic copy in Microsoft Word,including scanned images suitable forweb/Internet display

12.0 TENDER SUBMISSIONS AND ENQUIRIES

12.1 Open Tendering

The project is to be tendered by an select tender process. The lowest or only tender will not necessarilybe accepted. Once the fee is finalised, progress payments will be made in accordance with Section 11.5above.

12.2 Tender Submissions

Tenders submissions should be sent (Posted, Delivered or Faxed) to:

National Parks and Wildlife ServiceTender BoxNPWS: PO Box 25 South west Rocks NSW 2431Fax: 02 6566 7593Attention: Cath Ireland, Trial Bay Gaol CMP

Closing Date and Time for Tender Submissions:5pm Monday November 30 2002

Tender submission must contain the following information:• Stated ability to fulfil all selection criteria outlined in Section 10 of this Brief.• CVs of proposed Consultant Team members detailing relevant experience.• A demonstrated understanding of the project, key issues and NPWS approach to the preparation of a

CMP.• Proposed outline of work to be undertaken, team member accountabilities and time frame.• Names and contact details of two referees.• An exemplar CMP recently prepared by the Consultant Team or lead Consultant, which will be

returned on consultant selection.• Copies of Workers Compensation Insurance, Public Liability Insurance and Professional Indemnity

Insurance or a stated willingness to obtain these in line with section 12.3 of this Brief.• Total Project Fee (including GST) stating all-inclusive or excluding particular items. Fee and task

breakdown into work components to indicate proposed individual team member contribution.

12.3 Consultant Contract

The consultant will be engaged using a standard NPWS contract. Consultant will need to provide an ABNand ACN, copies of Workers Compensation Insurance and Public Liability Insurance to the value of $10million. Professional Indemnity Insurance is required where information on engineering, riskmanagement, building code upgrades and fabric management is to be provided.

12.4 Project Management and Further Enquiries

Project Manager CHD Contact/LiaisonCath Ireland Miriam StacyRanger Macleay Area Conservation ArchitectNPWS Arakoon Office Cultural Heritage Division

NPWS NPWSNPWS Arakoon SCA Level 6

43 Bridge StreetHURSTVILLE NSW 2220

Phone: (02) 6566 6621 Phone: (02) 9585 6364Fax: (02) 6566 7593 Fax: (02) 9585 6325Email: lynn.rees@npws.nsw.gov.au Email: miriam.stacy@npws.nsw.gov.au

13.0 GLOSSARY OF TERMS

Cultural HeritageAll landscapes have heritage values. Cultural heritage is the value people have given to items throughtheir associations with those items.

Manifestations of cultural heritage values may be non-physical and/or physical and include, but are notlimited to, cultural practices, knowledge, songs, stories, art, buildings, paths, and human remains. Whennatural elements of the landscape acquire meaning for a particular group, they may become culturalheritage. These may include landforms, flora, fauna and minerals.(Source: Cultural Heritage Strategic Policy)

Cultural LandscapeThe way in which perceptions, beliefs, stories, experiences and practices give shape, form and meaningto the landscape.(Source: Australian Heritage Commission 1998:115)

Pre-contact Aboriginal HeritageSites, places and cultural landscapes that retain physical and non-physical manifestations of culturalheritage values of Aboriginal occupation and settlement prior to the arrival of non-indigenous people inAustralia.

Historic HeritageSites, places and cultural landscapes that contain physical and non-physical manifestations of culturalheritage values of human occupation and settlement after the arrival of non-indigenous people inAustralia. Historic heritage includes both non-indigenous and Aboriginal cultural heritage values and canalso be referred to as post-contact heritage.

Shared HistoryThe interactions between, and overlapping history of, Aboriginal and non-indigenous people in the post-contact period.

Integrated ApproachAn integrated, whole-of-landscape or holistic approach seeks to identify and assess all cultural (Historicand pre-contact Aboriginal) and natural values.

Social ValueSocial value embraces the qualities for which a place has become a focus of spiritual, political, nationalor other cultural sentiment to a majority or minority group.(Source: Marquis-Kyle and Walker 1994:23)

ConservationThe Australia ICOMOS Burra Charter defines conservation as meaning all the processes of looking after aplace so as to retain its cultural significance. Conservation can also be an outcome - the emphasis byNSW NPWS is on achieving conservation by sustainable use.

Cultural Heritage ManagementMeans the processes and techniques used to identify, assess and manage cultural heritage places andlandscapes.

14.0 REFERENCES

14.1 Generic References

• Burra Charter and Guidelines to the Burra Charter issued by Australia ICOMOS.• International Cultural Tourism Charter (as adopted by ICOMOS 1999).• Australian Heritage Commission�s Australian Natural Heritage Charter.• J.S. Kerr�s Conservation Plan (2000).• NSW Heritage Manual (1996) including Assessing Heritage Significance (August 2000).• Heritage Office guidelines including Historical Archaeological Sites Investigation and Conservation

Guidelines (1993); Archaeological Assessments (1996); and Movable Heritage Principles (2000). Pearson, M. and Sullivan, S. (1995) Looking After Heritage Places (Melbourne University Press). Australian Heritage Commission (1998) Protecting Local Heritage Places: A guide for communities

(Australian Heritage Commission). 14.2 NPWS References• NPWS Corporate Plan 2000-2003 (revised April 2001)• Cultural Heritage Strategic Policy (August 2001)• Arakoon SRA Park Plan of Management• NPWS Field Management Guidelines (1988)• Guide to Building Conservation Works (1998)• Aboriginal Cultural Heritage Standards and Guidelines Kit (October 1997)• Interim Guidelines for approvals: Cultural heritage places, buildings, landscapes & movable heritage

items on NPWS estate (April 2001)• Risk Management Strategic Plan (2001)

Byrne, D., Brayshaw. H. and Ireland, T. 2001 social significance. a discussion paper (Research Unit,Cultural Heritage Division, NPWS).

Veale, S. 2001 Remembering Country. History & Memories of Towarri National Park (Research Unit,Cultural Heritage Division, NPWS).

ATTACHMENT 1: Study Area Location Plan

Location of Trial Bay Gaol

ATTACHMENT 2: Study Area SiteExcerpt from Trial Bay Prison Study Prepared for NPWS and the Arakoon SRA Trust by JacksonTeece Chesterman Willis and Partners Pty limited in association with Dr J.S. Kerr

4.0 LAGGERS POINT (except 3.0 and 5.)4.01 Brief History of Construction4.02 Resident Engineer's House4.03 Governor's Residence4.04 Chief Warder's Quarters4.05 General Warders' Quarters and Store4.06 Married Men's Quarters4.07 Timber Jetty4.08 Blacksmith's Quarters4.09 3 x 4 room Warders' Cottages4.10 Assistant Engineer's Quarters4.11 Surgeon's Quarters4.12 Stables and Cartshed4.13 Harbour and Rivers Office4.14 Harbour and Rivers Store4.15 Boat Shed4.16 Sawmill, Carpenter and Paint Shed4.17 Morgue4.18 Gasoline House4.19 45,900 gallon Underground Tank4.20 Main Drain4.21 Foreman's Quarters4.22 Unmarried Foreman's Quarters4.23 Steps to Married Quarters4.24 Steps to Quarry4.25 Salt Water Pump House4.26 6-inch Sewer4.27 10 Warders Cottages in Arakoon4.28 Graves on Monument Hill4.29 Prison Burial Ground4.30 Arakoon Cemetery4.31 Period of Internment 1915-19174.32 Well4.33 Foot Bridge4.34 Toilet Block in Quarry4.35 Ablutions Block at Front Beach4.36 Toilet Block near Kiosk4.37 Kiosk4.38 Standard Barbecue Unit4.39 Norfolk Island Pine Barricades4.40 List of Relocated Houses in the District

ATTACHMENT 3:

Roles and Responsibilities in Conservation Management Plan Preparation:Information for Consultants

The ClientThe National Parks and Wildlife Service (NPWS) as a corporate entity is the client.

NPWS StructureThe NPWS structure has eight (8) Directorates of which four (4) are based in Regional NSW. TheRegional Directorates have responsibility for land management operations while the other fourDirectorates provide state-wide technical and policy advice regarding landscape conservation.

The four Regional Directorate boundaries are aligned to the local government boundaries which areclosest to bio-regional boundaries to assist in the management of ecological and landscape issues. EachDirectorate is divided into Regions that align with local government boundaries wherever possible andalso take account of reserve and catchment boundaries. The Regions are divided into Areas on the basisof reserves and catchments. There are 19 Regions and 58 Areas in the NPWS structure.

Cultural Heritage Division (CHD)The role of CHD is to guide and direct the approach of NPWS in the identification, understanding andconservation of cultural landscapes. CHD develops policy and state-wide strategic frameworks for themanagement of cultural heritage within NPWS. It also co-ordinates a state-wide approach to thepreparation of CMPs and provides specific technical advice and input on cultural heritage issues.

CHD will assist the project manager and the consultant with technical and policy advice. Once a draftConservation Management Plan is prepared, the Manager CHD (along with the Regional Manager), willsign-off the CMP.

Conservation Management Plan (CMP)A CMP is a non-statutory document that outlines the significance of an item and how the item is to bemanaged. NPWS prepares CMPs for places and landscapes considered to be culturally significant and/orwhich require active management, including those places listed on the State Heritage Register.

All CMPs prepared by the Service must be endorsed by the Manager, CHD, and the relevant RegionalDirector and in general should be endorsed by the NPWS Executive.

Relationship between NPWS and the NSW Heritage Council regarding CMPsCMP�s prepared for heritage items on the State Heritage Register, or items identified as being of statesignificance, require the endorsement of the NSW Heritage Council. Where the Heritage Council hasendorsed a CMP, activities consistent with the CMP policies are exempted from further NSW HeritageCouncil approval.

NPWS is responsible for liaising directly with the NSW Heritage Office regarding the CMP and ifappropriate, will present the CMP to the NSW Heritage Council for endorsement. If approved with noamendments, the NPWS Executive may then sign off the plan. If amendments are required, theconsultant will liaise with the project manager and CHD to ensure that all issues raised by the NSWHeritage Council are addressed.

Project ManagementThe project manager is responsible for day to day project management and is the consultant�s point ofcontact within NPWS. The project manager is also responsible for:• liaising with any Steering Committee established for the project or any Advisory Committee

established for the place, and providing feedback to the consultant;• co-ordinating comments by the community regarding the CMP (usually following public exhibition of

the draft CMP); and

• liaising with CHD regarding drafts of the CMPs and comments by the Steering/Advisory Committee toensure compliance with State-wide frameworks.

ConsultantThe consultant is to direct all CMP related enquiries to the project manager in the first instance. Theconsultant should not directly approach the Steering/Advisory Committee, CHD, NSW Heritage Council orthe NSW Heritage Office without prior discussion with the project manager.

Steering Committee/Advisory CommitteeA Steering Committee may be established for the CMP project or the place may already have an AdvisoryCommittee established. The committee�s role in the CMP preparation is to provide comments throughthe project manager to the consultant to assist in the facilitation of a CMP as a useful management tool.

ATTACHMENT 4: Standard Contract for Services

Contract forservicesParticular conditions

Under this agreement NSWNational Parks and WildlifeService authorises the contractorto carry out the project set out inthe attached brief in accordancewith the particular and generalconditions of the agreement

The serviceNSW National Parks and Wildlife Service

Address for notices43 Bridge Street Hurstville NSW 2220

Address for claimsCRA Unit Sydney ZonePO Box 1967Hurstville NSW 2220

Contact OfficerDaniel Connolly

The Contractor

West Coast Flora Survey Pty Ltd

Address for notices

Principal contact

Stephen Ball

Fees• $500.00 per day plus $500.00 travelling expenses. Maximum Payable

for this contract is $5000.00. Total Field Survey Days is seven (7).Two (2) days allocated for plant identification

• A minimum of 30 Floristic Sites will be completed by June 30,2000.

Date of agreement Tuesday, May 22,2000

Contract for Services General conditions

22

A Services

1 The contractor must providethe contract servicesrequired for the project inaccordance with theattached brief and anyadditional written directionsfrom the Service.

2 The contractor undertakesthat:

• the contractor�s work on theproject will not infringe anyexisting copyright; and

• the contractor�s reports willnot contain anything which,to the knowledge of thecontractor, is libellous ordefamatory.

3 The principal contact of thecontractor named in theParticular Conditions must beavailable to attend discussionswith the Service in Sydney orelsewhere as required duringnormal business hours. TheService must give reasonablenotice.

4 The contact officer named inthe Particular Conditions forthe Service is responsible foracting as liaison officer onbehalf of the Service and forpassing information about theproject to the contractor.

5 The contractor must providethe progress and final reportson time and in the numbers asset out in the brief.

B Fees

1 The Service must pay thecontractor the fees set out inthe Particular Conditions inpayment for the professionalfees of the contractor and allexpenses incurred in providingthe contract services.

2 The Service may makeprogress payments if thecontractor provides evidence

of progress to the satisfactionof the Service.

3 The Service must makethe final payment of anyoutstanding amounts on thefees within 14 days of receivingthe final report.

4 The contractor must sendclaims for payment to thecontact officer of the Servicenamed in the ParticularConditions. All claims mustclearly identify the project.

C Confidentiality

1 The contractor must treat asconfidential all informationacquired and materialprepared or collected by it inconnection with the project. Itmust not disclose theinformation or material toanyone or make it publicwithout first obtaining thewritten consent of the Service.

2 The contractor must ensurethat its employees and otherpersons engaged on theproject comply with theseobligations.

3 These obligations ofconfidentiality continue afterthis agreement ends or isterminated.

D Copyright

1 The Service owns the propertyand copyright on all materialprepared or collected inconnection with the project.The contractor may not use itfor any purpose other thanproviding the contract serviceswithout first obtaining thewritten consent of the Service.

E Publication of material

1 The Service may publish anyof the progress or final reportsas Occasional Papers of theService. If the contractor isnotified beforehand that theService intends to publish areport, the contractor mustprepare the report inaccordance with theManuscript PreparationGuidelines of the Service.

2 The Service will insertappropriate credit to thecontractor�s contribution in anypublication if the contractorasks it to do so.

3 On written request from thecontractor, the service maypermit the contractor to usepart or all of the materialsprepared or collected inconnection with the project bythe contractor in publications.

F Variation orabridgment

1 The Director-General mayvary the brief. The contractormust comply. If the variationswould involve extra fees orexpenses, the contractor mustfirst notify the Service andobtain its written approval forthe extra amount or amountsagreed between the contractorand the Service beforeproceeding.

2 The contractor may notify theService of any variations that itbelieves would be beneficial tothe project. It must notproceed with them or incur anyfees or expenses for them untilit has obtained the writtenapproval of the Service.

3 At any time by notice in writingthe Service may abridge theproject. The contractor mustcontinue on the abridged basisbut in all other respects inaccordance with thisagreement. The contractor isentitled to claim its justifiablefees and expenses for the

Contract for Services General conditions

23

reduced amount of contractservices. The contractor mayinclude loss or damage(except loss of prospectiveprofits) sustained directly as aresult of the abridgment butmust take all reasonable stepsto limit the loss or damage.

G Termination

1 At anytime by notice in writingthe Service may terminate theproject. The contractor mustgive the Service as soon aspractical all documents andmaterials prepared orcollected in connection withthe project.

The contractor may includeloss or damage (except loss ofprospective profits) sustaineddirectly as a result of thetermination but must take allreasonable steps to limit theloss or damage.

2 The Service may terminate theagreement immediately bynotice in writing if thecontractor does not carry outany of its obligations. Anyfees paid to the contractor upto the date of the terminationwill be taken to pay in full allclaims that the contractor hasor may have against theService. The Service mayrecover from the contractorany losses or damage sufferedas a result of the breach of theagreement.

3 The Service may terminate theagreement immediately bynotice in writing if thecontractor becomes insolvent.Any rights accruing to theService prior to termination arepreserved.

H Cooperation anddisputes

1 The Service and the contractormust cooperate with eachother and do everythingnecessary to carry out thisagreement.

2 If there is a dispute about whatconstitutes justifiable feesunder F1, F3 and G1, then thematter must be referred to apublic accountant who isnominated by the Chairman ofthe Public AccountantsRegistration Board and who isnot an employee of theService or the contractor, for afinal decision. The Serviceand the contractor mustaccept the decision.

I Commercialrelationships

1 The contractor has soleresponsibility for its employeesand any persons engaged by iton the project. Neither thecontractor nor its employeesor other persons engaged inthe project enter into theservice or employment of theService as a result of thisagreement.

J Insurance andindemnity

1 The contractor must insureevery person employed on theproject against injury anddeath to the full extent of itsliability, and in particularcomply with all requirementsunder workers compensationlegislation. The contractormust not do anything or fail todo anything that would allowthe insurer to reduce or refusea claim.

2 The contractor indemnifies theService, its employees andagents against:

• all claims and proceedingsbrought against them,

whether on their own orjointly with the contractor,arising directly or indirectlyout of the performance ofthe project; and

• all damages and expensesincurred in defending orsettling a claim orproceeding.

This indemnity is separate andindependent of thecontractor�s other obligationsand continues after thisagreement ends or isterminated.

3 Before the contractor startsthe project, it must take outpublic insurance to cover allliabilities to other persons inaccordance with the brief.

K Assignment

1 The contractor must notassign any interests in thisagreement without the writtenconsent of the Service.

L Notices, consents

1 Notices and consents inconnection with thisagreement must be in writing.

2 It is sufficient if notices andconsents are signed:

• from the Service - by theDirector-General or thecontact officer; and

• the contractor - by itsprincipal contact.

3 Notices and consents may be:

• given personally to thecontact officer or principalcontact; or

• left at the address lastnotified; or

• sent by pre-paid post to theaddress last notified - theyare taken to be received on

Contract for Services General conditions

24

the third day after posting;or

• sent by fax to the faxnumber last notified - theyare taken to be received onthe production of thetransmission report.

4 Notices and consents takeeffect from the time they aredue.

M Joint andindividual liability

1 If two or more persons signthis agreement as contractors,then each of them individuallyand any two or more of themjointly must comply with itsconditions.

A notice or claim given to or byanyone of them is treated as anotice or claim to or by all ofthem.

N Governing law

1 This agreement is governedby the laws of New SouthWales. The Service and thecontractor agree to submit tothe non-exclusive jurisdictionof the courts of New SouthWales and courts of appealfrom them.

O Complying withlaws

1 The contractor must complywith all laws and notices fromstatutory authorities in carryingout the project.

2 If the contractor finds that acondition in any documentforming part of this agreementconflicts with any law or notice,it must write to the contactofficer of the Service named inthe Particular Conditionssetting out what variation it

thinks is necessary to enable itto comply. As soon aspracticable the contact officerfor the Service must give thecontractor appropriateinstructions to enable it tocontinue the project lawfullyand it must follow thoseinstructions.

3 Any change to the projectresulting from theseinstructions is regarded as avariation to the agreement.

P Protection offauna, flora andAboriginal relics

1 The contractor must avoidunnecessary interference withor damage to native plants andanimals or their habitats. If theproject is going to interferewith native plants or animals ortheir habitats then thecontractor must inform thecontact officer for the Serviceimmediately and stop workuntil the Service officer hasconsented to its resumption.

2 If the contractor discoversanything which it thinks maybe an Aboriginal relic or sitethen it must immediately stopall work which may damagethat relic or site and contactthe contact officer for theService. It is against the lawto interfere with or damageAboriginal relics or sitesunless authorised in writing bythe Service to do so.

Q Suspension ofProject

1 The Service may require thecontractor to suspend theproject when in good faith theService determines it isappropriate to do so or in thecircumstances stipulated in thebrief.

2 The Service shall not be liablefor any costs or expensesincurred by the contractor ifthe project is suspended underthis clause.

R Goods andServices Tax

Notwithstanding any other provisionof this Agreement:

1 If a Goods and Services Taxapplies to any supply made byeither party under or inconnection with thisAgreement, the considerationprovided or to be provided forthat supply will be increasedby an amount equal to theGoods and Services Taxliability properly incurred bythe party making the supply.

2 If the imposition of a Goods

and Services Tax or anysubsequent change in theGoods and Services Tax law isaccompanied by or undertakenin connection with the abolitionof or reduction in any existingtaxes, duties or statutorycharges (in this clause"taxes"), the considerationpayable by the recipient of thesupply made under thisAgreement will be reduced bythe actual costs of the partymaking the supply that arereduced directly or indirectlyas a consequence of theabolition of or reduction intaxes.

3 The parties agree to meet prior

to the imposition of a Goodsand Services Tax in order todetermine the variation of anyconsideration in accordancewith the above subparagraphs1 and 2.

4 Each party warrants that at the

time any supply is made underthis agreement on whichGoods and Services Tax isimposed, that party is or will be

Contract for Services General conditions

25

registered under the Goodsand Services Tax law. If theother party requests writtenevidence of registration, theparty claiming to be registeredwill promptly produce evidencesatisfactory to the partyseeking such evidence.

5 Any invoice rendered by a

party to this agreement inconnection with a supply underthis agreement which seeks torecover an amount of GSTpayable by that party mustconform to the requirementsfor a tax invoice (as that termis defined in the GST law). Ifrequested to do so by therecipient of the supply, thesupplier must provide a taxinvoice within 14 days.

S Meaning of words

Contractor includes consultant.

Goods and Services Tax meansany tax on goods and/orservices, including any value-added tax, broad-basedconsumption tax or othersimilar tax introduced inAustralia.

Goods and Services Tax lawincludes any Act, order, rulingor regulation, which imposesor otherwise deals with theadministration or imposition ofa GST in Australia.

insolvent means being aninsolvent under administrationor insolvent or having acontroller appointed (each asdefined in the CorporationsLaw - such as being bankrupt),in receivership, in receivershipand management, inliquidation, in provisionalliquidation, underadministration, wound up,subject to any arrangement,assignment or composition,protected from creditors under

any statute, dissolved (otherthan to carry out areconstruction while solvent)or otherwise unable to paydebts when they fall due.

material prepared or collected inconnection with the projectincludes all research, field andworking notes, reports,technical information, plans,charts, drawings, calculations,tables, schedules, electronictape and photographicrecordings, photographicnegatives and positives,artefacts, moulds, models, andany other data relevant to theproject.

Service means the NSW NationalParks and Wildlife andincludes its officers andemployees.

Contract for Services General conditions

Trail Bay GaolArakoon SRABrief for Conservation Management & Cultural Tourism PlanOctober 2002

26

Acceptance of agreementThe Service and the contractor agree to comply with the particular and general conditions ofthe agreement

Signed for and on behalf of the NSW National Parks and Wildlife Service

Authorised officer

Signature

Name (print)

Title

Witness

Signature

Date

Contract for Services General conditions

Trail Bay GaolArakoon SRABrief for Conservation Management & Cultural Tourism PlanOctober 2002

27

Signed for and on behalf of the contractor

Signature

Name (print)

Title

Witness

Signature

Date

Contract for Services General conditions

Trial Bay GaolArakoon SRABrief for Conservation Management & Cultural TourismPlanOctober 2002

29