A majority of Shoalhaven City councillors voted in favour of council staff's recommendation to conduct surface scratchings at the site of the former Huskisson Anglican Church.
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The scratchings are intended to verify whether it is an Aboriginal and post-colonial burial site, but the practice is at odds with the wishes of the Jerrinja Aboriginal community as it is seen as disrespectful desecration of a sacred site.
The decision was made at the Development and Environment Committee meeting on May 11 and will now be referred to the council's ordinary meeting on Tuesday, May 25.
Many in the community wish for the site, which is owned by the Anglican Church, to remain unchanged as it is likely to be turned into a mixed-use development comprising a residential apartment building, tourist accommodation and retail and hospitality premises.
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The results of the most recent Ground Penetrating Radar (GPR), conducted by Hunter Geophysics, mandated by council and funded by the proponent, indicated the presence of over 50 individual graves with "high confidence", though suggesting it was an unlikely high number given the "historical window which the graves would have been laid".
Councillors from the Greens party believed the GPR reporting was framed around white burial practices and overlooked the potential for Aboriginal graves which could be thousands of years old.
A previous GPR study conducted by a different firm indicated between six and ten potential graves, whether Aboriginal or otherwise.
One of the potential graves is believed to possibly be that of an Aboriginal leader who died in 1905.
Mayor Amanda Findley raised a motion in objection to the staff's recommendations, calling for ground scraping to not go ahead and the site to be left alone.
"If we continue down the path of scratching away at the surface of the issues that exist around graves on this site at Huskisson then basically what we will be doing is desecrating graves that we know are there because we've been given the physical evidence by the NSW leader in this space, and by the oral history of our local people," she said.
"What the ground scraping is attempting to do is to seek white history because it is looking for graves that reflect the way white people bury their dead.
"I believe that does not take into consideration the burial rites that indigenous people have been undertaking for many thousand years in and around that location.
"We've heard much about the so-called pattern about how those graves don't conform. But whose history do they conform to?"
Councillor Bob Proudfoot said he would reluctantly speak against the mayor's motion.
"I too have immense respect and admiration and empathy with our first nations people so this is not an easy thing for me to say here tonight," he said.
He said pursuing sensitive ground scrapings would be like getting a second opinion, and from there "we can put this issue to bed forever".
Cr Annette Alldrick replied saying the latest GPR study was supposed to be the end of it.
"I have no confidence that the ground scraping will be the end of it at all," she said.
"The GPR has been carried out, it has shown the graves. Anymore desecration to the land would be beyond contemptible."
Councillor Kaye Gartner commended Amanda Findley's motion, inciting the council to back the indigenous call to respect.
"We can say you know what, we believe the ground-penetrating research. We asked for it," she said.
Cr Joanna Gash went against the motion.
"And that's not to say I don't respect Aboriginal people and their issues," she said.
She said she attended a briefing about the issues which affirmed the GPR may not be conclusive, mentioning the research indicates the anomalies could even be wombat burrows.
"We're not the experts. We all have emotions. I'm emotional about this because of what you had to say. But that's not the answer to this," she said.
"We need conclusive evidence."
Those in support of the Mayor's motion in opposition to ground scraping were Crs Gartner, Digilio, Findley, Alldrick, Levett, Wells.
Against: The CEO, Crs White, Gash, Proudfoot, Kitchener, Watson and Pakes.