A Proposed Ongoing Protection Declaration (OPD) for the location commonly known as Kow Swamp has raised questions from adjoining landholders. It is known as Ghow Swamp Aboriginal Place from a traditional owner perspective, Ghow being the Aboriginal word which describes the white gypsum soil found at Kow Swamp.
The area of 3,177 hectares proposed under the OPD will include crown land and freehold land.
Concerns have been raised by impacted landholders as to what the future implications could be under the proposal.
Along with water storage, Kow Swamp is also known as the largest Late Pleistocene cemetery in Australia. Remains from 9,300 to 13,000 years before present day were excavated by a team led by Alan Thorne in the late 1960s and early 1970s, revealing skeletal material belonging to more than 40 individuals with ages ranging from infant to adult. All but one were male. In 1991, the collection was repatriated to Aboriginal people and subsequently reinterred.
Kow Swamp forms part of the Goulburn Murray Water Torrumbarry System, providing off river storage of up to 50,910 megalitres. The completion of the Torrumbarry Weir in 1923 together with the construction of the National Channel headworks provided an assured gravity supply to Kow Swamp. Major works were carried out in the 1960s lowering the running level of the Pyramid Creek from Kow Swamp to Kerang Weir.
The OPD was initiated by the Yorta Yorta Nation Aboriginal Corporation (YYNAC) writing to the then Minister for Aboriginal Affairs, Natalie Hutchins, on April 1, 2015.
The letter stated that Aboriginal cultural heritage was present, including scarred trees, earth features (mounds), shell middens, other artefacts and Aboriginal ancestral remains. The letter also made statements about long term neglect of cultural heritage and environmental values at Ghow Swamp.
A report titled the Ghow Swamp Cultural Landscape Management Plan was commissioned by Aboriginal Victoria. The report was prepared by Dr Vincent Clark & Associates Pty Ltd, and presented to Aboriginal Victoria in September 2019. The report details the methodology and the results of field surveys undertaken over 10 days in two stages in late 2018, also including inspection of previously registered and analysis of aerial photography dating from 1983.
The report is not available to view as it is classified as confidential due to unspecified culturally sensitive information, only a summary is publicly available.
Some confusion exists over what impacts the proposed OPD will have on landholders, homeowners and those who have pump sites within the Ghow Swamp Aboriginal Place.
The OPD frequently asked questions state that current activities undertaken on private land will not be affected by the changes, except for prohibiting exploration or mining, extraction or production of gas, mineral, stone and other substances, which does leave some to question why include private property at all.
If the OPD commences, water channels within Ghow Swamp Aboriginal Place must not be expanded or deepened. Operation and maintenance of such channels must only be undertaken by or on behalf of the responsible water corporation and in accordance with any requirements of the Aboriginal Heritage Act 2006.
Continued use and essential maintenance of an existing licensed water pump or irrigation outlet by the licence holder is allowed; however, works associated with continued use, maintenance or replacement of an existing licensed water pump or irrigation outlet by or on behalf of the licence holder must be confined to the existing footprint of that water pump or irrigation outlet. Works must not include the excavation of soil beyond the immediate suction line extraction point. Whether the replacement of power supply to pumps will be possible under the prohibition of new transmission lines or other new services remains to be seen.
Consultation for the changes was open for 14 days for written submission and like so many government programs, no public meetings for consultation were held.
