Providing Independent Heritage Expert Witness Testimony in the NSW Land and Environment Court
The proponent sought a rezoning of an established quarry operation in the Byron Bay hinterland, a Northern Rivers setting where planning proposals attract close scrutiny from regulators, community and Aboriginal stakeholders alike.
Rezoning matters of this kind are commonly determined in the NSW Land and Environment Court, where cultural heritage evidence must withstand cross examination. Assessment work prepared for a development application is not automatically fit for that purpose. The Court expects independence, methodological rigour and an expert who can explain their reasoning under pressure.
Australian Cultural Heritage Management provided expert cultural heritage advice for the project, with Managing Director Dr Shaun Canning appearing as an expert witness in the NSW Land and Environment Court in October 2015 in support of the proposed rezoning. Drawing on ACHM’s specialist archaeological and anthropological expertise, our involvement ensured the Court had a robust and evidence based understanding of the area’s cultural and heritage values.
The engagement reflects ACHM’s capability in complex regulatory environments, where rigorous heritage assessment and clear expert testimony are what allow balanced outcomes: cultural heritage respected, and responsible land use able to proceed.
Rio Tinto’s operations in the Ely area of western Cape York Peninsula form part of one of the world’s largest and longest‑running bauxite mining landscapes. Mining at Ely has been underway since the 1960s and is integrated within the broader Weipa operations, which continue to play a major role in the regional economy and in the long‑term development of northern Queensland’s resources sector. Current activity in the region reflects both the legacy of decades of mining and a forward‑looking focus on sustaining production through new and expanded projects across the western Cape.
In 2025, ACHM undertook a substantial program of greenfields cultural heritage survey across the Ely project area. This work covered approximately 3,115 hectares and resulted in the recording of 315 archaeological sites, providing critical baseline data to inform responsible land management and future planning.
The scale and outcomes of this program reflect AHCM’s capacity to deliver large‑area, methodical heritage assessments in complex operational environments, while ensuring that cultural heritage values are identified, documented, and appropriately considered alongside ongoing and future development.
Client
King Wood Mallesons
Location
Byron Bay, New South Wales
Sectors
Minerals & Energy
Urban & Regional Development
Services
Results Delivered
Delivering Independent Heritage Expert Witness Evidence for a Contested Northern Rivers Rezoning
Australian Cultural Heritage Management provided expert cultural heritage advice for a proposed quarry rezoning near Byron Bay, with Managing Director Dr Shaun Canning appearing as an expert witness in the NSW Land and Environment Court. Our involvement gave the Court a robust, evidence-based understanding of the area’s cultural and heritage values, supporting a balanced outcome for cultural heritage and responsible land use alike.
Frequently Asked Questions
What Aboriginal heritage laws apply to quarry and extractive industry projects in NSW?
Extractive industry activities in New South Wales are governed primarily by the National Parks and Wildlife Act 1974, which makes it an offence to harm an Aboriginal object or place without an Aboriginal Heritage Impact Permit issued by Heritage NSW. For contested rezonings such as the Broken Head Quarry matter, this legislative framework sits alongside planning law considered by the NSW Land and Environment Court. Australian Cultural Heritage Management provided expert cultural heritage advice addressing these obligations for the proponent.
What does a cultural heritage expert witness do in the NSW Land and Environment Court?
An expert witness prepares independent evidence and gives testimony to the Court on cultural heritage matters, with a duty to assist the Court rather than to advocate for the party engaging them. This independence is what gives the evidence weight in contested planning proceedings. Australian Cultural Heritage Management’s Managing Director, Dr Shaun Canning, appeared as an expert witness for the Broken Head Quarry rezoning in October 2015, giving the Court a robust, evidence-based understanding of the site’s cultural and heritage values. See our expert witness and peer review services.
When is expert heritage evidence required in a planning dispute?
Expert heritage evidence is typically required where a consent authority and an applicant disagree on the nature, extent or significance of cultural heritage values, or where a rezoning or development application is contested before the Court. Assessments prepared for an original development application are not always suitable for this purpose, and an independent peer review is often the more prudent step. Australian Cultural Heritage Management provides both original heritage assessment and independent expert witness services for planning matters across Australia.
What makes cultural heritage evidence defensible in court?
Defensible cultural heritage evidence rests on transparent methodology, primary evidence rather than assertion, and an author with recognised standing in the field who can explain their reasoning under examination. For the Broken Head Quarry matter, ACHM’s specialist archaeological and anthropological expertise underpinned evidence the Court could rely on. Australian Cultural Heritage Management applies the same rigour to every assessment we prepare, whether or not it is ultimately tested in court. Find out more about our archaeological assessment services.
