Archaeology

Objectives

Our objectives are as follows:

to minimise disturbance of the archaeological resource at Fremantle Prison
to retain the archaeological resource at Fremantle Prison in situ unless this is precluded by overwhelming research, safety or conservation considerations
within the parameters of the above objectives, to maximise the research potential of the archaeological resource at Fremantle Prison
to balance the conservation needs of the layered heritage values at Fremantle Prison, including where those values are embodied by archaeological material from different periods
to investigate the archaeological resource at Fremantle Prison using ‘best practice’ archaeological methodologies and experienced practitioners
to harness the potential of archaeology to engage the public’s interest in Fremantle Prison

Risks to Avoid

We have identified the following risks to be avoided:

disturbance or destruction of highly significant built form or archaeological features in order to expose archaeological features of lower significance
inadvertent disturbance or destruction of the archaeological resource due to lack of prior research or inadequate impacts assessment
damage to the archaeological resource because investigations were undertaken by inexperienced or inexpert practitioners
failure to make the data generated by archaeological investigation publicly accessible
disturbance or destruction of Aboriginal archaeology without appropriate consultation taking place because its significance is not recognised relative to the site’s non-Aboriginal heritage values
loss/damage due to an under-resourced collection area and lack of post-excavation analysis

Statutory Framework

The EPBC Act governs ‘actions’ that have, or are likely to have, a significant impact on a matter of ‘national environmental significance’. Places on the WHL and NHL (such as Fremantle Prison) are matters of national environmental significance. An ‘action’ may include a project, a development, an undertaking, an activity or a series of activities. It can include ground disturbance works that might impact the archaeological resource. Before taking an action that could have a significant impact on the heritage values of Fremantle Prison, the action must be ‘referred’ to the Australian Minister for the Environment and Energy. The Minister will determine whether or not further and more formal assessment and approval is required, i.e. a ‘controlled action’.

The Department of Planning, Lands and Heritage has prepared a document entitled ‘Section 79(2) Permit Archaeological Excavation Form’ for applications to excavate places on the State Heritage Register.

Section 79 of the Heritage of Western Australia Act 1990 makes it an offence to ‘damage or despoil’ or ‘remove any thing from’ a place on the SRHP, which can include damage or despoliation of the archaeological resource. However, an application can be made to the Heritage Council for a permit to carry out archaeological works under Section 79(2) of the Act.

The Western Australian Aboriginal Heritage Act 1972 governs Aboriginal ‘places’, which includes archaeological sites (Section 5). If Fremantle Prison encounters Aboriginal archaeology it must notify the WA Registrar of Aboriginal Sites (Department of Planning, Lands and Heritage)(Section 15). It is an offence to excavate an Aboriginal archaeological site without the approval of the Registrar of Aboriginal Sites (Section 16). Such consent will only be given after an assessment is made of the nature and significance of the site (Section 18).

Schedule A, Clause 13B of the City of Fremantle’s Local Planning Scheme No. 4 states that where planning approval is granted in respect of a place on the Fremantle Heritage List, the Council may impose a condition on that planning approval which requires an archaeological investigation of the place. The same condition may be imposed where the Council has reasonable evidence to indicate that the place may include ‘contents, materials or objects’ (which would include archaeological remains) that have aesthetic, historic, scientific, or social significance (see also City of Fremantle Local Planning Policy 2.7). However, the City of Fremantle Local Planning Scheme No. 4 zones Fremantle Prison as a Regional Reserve. By Section 2.2 of Local Planning Scheme No. 4 Council approval is not required for the commencement or carrying out of any use or development on a Regional Reserve. Approval is required from the Western Australian Planning Commission (which will include input from the Heritage Council of Western Australia).

Archaeology: About

Non-Statutory Framework

A Practice Note supplementing the Burra Charter entitled ‘The Burra Charter and Archaeological Practice’ states that the fundamental principles contained in the Burra Charter apply to archaeological sites.

Article 13 of the Burra Charter states: ‘Co-existence of cultural values should always be recognised, respected and encouraged. This is especially important in cases where they conflict.’ This will be relevant (a) where archaeological features from the convict-era underlie post-convict archaeological features of national, state or local significance, and (b) where they overlie Aboriginal archaeological remains.

The Department of Planning, Lands and Heritage has prepared a document entitled ‘Heritage Impact Statement – A Guide’. It includes reference to the assessment of archaeological impacts.

State governments around Australia have produced guideline documents on how to assess the significance of historic archaeological sites. They usually emphasise the research potential of such places assessed having regard to (a) research potential relative to other sites, (b) research potential relative to other sources, and (c) the ability to otherwise address substantive questions about human behaviour (see: A. Bickford and S. Sullivan [1984], ‘Assessing the Research Significance of Historic Sites’, in S. Sullivan and S. Bowdler (eds), Site Surveys and Significance Assessment in Australian Archaeology, Proceedings of the 1981 Springwood Conference on Australian Prehistory, Canberra, pp. 23–24).

Archaeology: About

Constraints

Works requiring ground disturbance at Fremantle Prison will require an assessment of potential archaeological impacts. In some cases, this may require re-location of proposed ground disturbance works.

Opportunities

Where archaeological investigation is necessary at Fremantle Prison this may present an opportunity to involve the community in a program of ‘public archaeology’ – a form of interpretation.

The archaeological resource at Fremantle Prison comprises a valuable teaching and learning resource. Fremantle Prison may pursue opportunities to collaborate with students and teachers of archaeology from tertiary education institutions.

Archaeological investigation can augment the collection of movable heritage currently curated by Fremantle Prison.

Overarching Policy Framework

POLICY 8
The known and potential archaeological resource at Fremantle Prison will be managed according to its significance. Usually this will comprise its ‘scientific significance’ (i.e. its ability to address substantive research questions). However, the archaeological resource at Fremantle Prison may also embody other heritage values (e.g. social significance).

POLICY 9
Archaeological excavation at Fremantle Prison will be underpinned by substantive research questions expressed in an Archaeological Research Design prepared by an experienced historical archaeologist prior to works commencing.

POLICY 10
Significant archaeological features will not be damaged or disturbed unless this is necessary for overwhelming research, safety or conservation reasons. Fremantle Prison will seek to retain significant archaeology in situ.

POLICY 11
Where the investigation of archaeological features from an earlier period would require the disturbance or destruction of archaeological material from a later period, the decision to proceed will be based on an assessment of the significance of each cultural layer. In some circumstances, the significance of archaeological material from later periods will be higher than that from earlier periods.

POLICY 12
Fremantle Prison will seek to involve the public in programs of archaeological investigation where this can be achieved without compromising the archaeological resource.

POLICY 13
Only historical archaeologists with a demonstrated high level of knowledge and experience will be engaged to investigate Fremantle Prison’s archaeological resource (either as part of impact assessment processes or through field work). These archaeologists will also have sufficient training to identify Aboriginal archaeological deposits and artefacts.

POLICY 14
The data generated by archaeological investigation at Fremantle Prison will be made publicly accessible, ideally through publication in a peer-reviewed academic journal but at least as a quality synthesis of the results as requested.

POLICY 15
Once artefacts recovered through archaeological excavation have been documented and analysed such that their research potential has been met, they should from that time be managed according to the ‘Moveable Heritage Overarching Policy’ contained in this HMP.

Proposed Action

ACTION 7
Prepare an updated Archaeological Management Plan.

ACTION 8
Engage an experienced archaeologist to review for quality and digitise the results of previous archaeological investigations at Fremantle Prison, and make them publicly accessible.

ACTION 9
Maintain and enhance existing links with students and teachers of archaeology at tertiary education institutions involving them in research projects where appropriate.

ACTION 10
Should large-scale ground disturbance works be proposed within the Parade Ground (or elsewhere at Fremantle Prison) consider involving members of the public in any archaeological excavations as part of a ‘public archaeology’ program.

ACTION 11
Engage an experienced archaeologist to assess the significance of those artefacts in the Fremantle Prison Collection that were recovered through archaeological excavation. This should be done having regard to their research potential, in addition to other dimensions of heritage significance. Consider disposing of those artefacts that have little or no research potential or which do not otherwise embody significant heritage values.

ACTION 12
Include a consideration of the potential Aboriginal archaeological resource at Fremantle Prison in the consultation underpinning the Fremantle Prison Reconciliation Action Plan.