Proposed Heritage Declaration - The Esplanade Darwin

Written on 17 April 2023.

The following letter is being broadcast by the Mayor of Darwin.

Very concerning is the is the of "Commercial in confidence" (and not for the first time) by the Mayor in a matter that concerns all members of the community, why should information about our assets be withheld from us?

Another red flag is the claim that the City of Darwin owns the Esplanade. This is just not true, George Orwell’s 1984 never arrived here. The Community owns the City of Darwin and the City of Darwin acts in our benefit.

Here is a copy: Letter.pdf

Thank you for sharing your concerns regarding the provisional heritage declaration of the Esplanade.

I would take this opportunity to share some additional information which may be useful, as follows:

Background

The land area encompassing the Esplanade is owned, managed and maintained by City of Darwin.

On 14 April 2023, City of Darwin was advised - at the same time as the broader public - that the Heritage Council had commenced the process to permanently list the Esplanade as a heritage place, and there was a 28-day period to make a submission.

It is prudent to authentic consultation and reasonable that City of Darwin's Council - as the governing board of the landowning entity - be provided sufficient time to discuss and debate the matter prior to coming to a resolution regarding the content of an official submission on the proposed declaration, which was not possible within the 28-day submissions timeframe imposed by the Heritage Council.

Further, in line with the Heritage Act, the Heritage Council is required to undertake an assessment of the heritage significance of a place within six months of the original application being received.

We understand the declaration, made in April 2023, followed an initial application that was made in November 2021, meaning it was more than 18 months since the application was lodged and therefore, according to the Heritage Act, the application was not valid .

In the initial stages, City of Darwin attempted to engage with the Heritage Council and NTG on this matter through non-legal avenues, but were advised we had no recourse and were required to make a submission within the 28-day notification period.

The invalidity of the process the Heritage Council took was confirmed by legal advice received by City of Darwin.

As a result, it was recommended that City of Darwin seek a declaration in the Supreme Court to recognise that the nomination had lapsed and should be discontinued, as well as to seek an order to prevent or postpone a future listing of this site.

Due to the legal nature of the case, it was also recommended that the accompanying documents and decision remained confidential.

Ramifications

A heritage listing over the entire Esplanade area means any uses of the site would require approval from the NT Government-appointed Heritage Council.

This means ongoing and accepted uses of the land, including those that the community would expect of parkland and open space, could be subject to an additional layer of review and approval from the NT Government (NTG).

Ensuring that due process is followed is crucial to City of Darwin because responding to a listing of this size, with a broad range of existing uses, would take time to research and compile, as would informing Council and seeking a Council resolution on the contents and direction of an official submission.

The proposed heritage declaration applies to the entire length of the Esplanade from Doctor's Gully to before the Deckchair Cinema, including some parcels of crown land and private property.

We are concerned that the proposed heritage declaration could potentially impact future activation of the Esplanade.

Activation of the site would improve the amenity of this much-valued community space.

We have reviewed the area under the proposed declaration, and it is largely City of Darwin land.

The application also ignores numerous other sites of cultural and heritage significance along the harbour. This includes a significant Larrakia women's site near the Deckchair Cinema, on NTG land, is not captured in the land subject to the proposed declaration. Further, sites of military history significance, including the wharf area where 45 people died during the first Japanese air raid of World War II, also on NTG land, are not included under the declaration.

We remain committed to implementing our 2030 Greening Darwin strategy, which aims to create a cool, clean and green city. The Greening Darwin strategy provides a framework for enhancing, preserving and protecting the natural environment of Darwin city centre through sensible, steady and continuous improvements. In line with this strategy, we will continue to work with all levels of government, the non-government sector and the community, to maintain and improve our public spaces, including the Esplanade.

The Esplanade is a valued public space in the heart of the Darwin city centre. City of Darwin acknowledges the significant cultural, historical, military, social and environmental value of the

Esplanade, and we want to make sure this valued space remains accessible to the community and supports community use.

I hope this helps alleviate some of your concerns. Yours sincerely.

Esplanade Heritage Listing - Public Meeting - Thursday 11th May 5:30pm at the Daly Street End of the Esplanade

The Heritage Council is seeking submissions as to whether The Esplanade should be declared as a heritage place under the Heritage Act 2011.

Submissions close Monday 15 May 2023.. This a critical step in protecting our heritage and open space from inappropriate development. There is publicly announced opposition to this listing from the Lord Mayor of Darwin. The listing omits a vital green zone which is part of the Esplanade. The road named The Esplanade is the original Esplanade defined.

You can submit here: https://tfhc.nt.gov.au/heritage,-libraries-and-archives/heritage-register-proposed-declarations

STATEMENT OF HERITAGE VALUE The Esplanade is a large area of public open space bordering the Darwin Central Business District and overlooking Darwin Harbour. Aboriginal sacred sites and a number of historical features and significant memorials are located across landscaped, open parkland fringed by remnant rainforest.

The Esplanade is a legacy of the original 1869 Palmerston (Darwin) town plan and echoes town planning principles imported from South Australia. It represents a colonial cultural treatment of the landscape through the provision of planned, public space. Maintaining public rights to this green space has been the focus of continual public advocacy.

Lands encompassed by The Esplanade are of cultural significance to Larrakia Aboriginal people because of the presence of the Damoe-ra sacred site which is represented by a freshwater spring created by the actions of a Dreaming ancestor, the doemgilla trevally fish. The Larrakia lived on Lameroo Beach and The Esplanade until the powers of the Aboriginals Act 1910 saw them relocated to the Kahlin Aboriginal Compound in 1912. This site is therefore associated with the increased marginalisation of Aboriginal people from the town at that time.

The Esplanade continues to have high aesthetic significance and is a landmark feature of the city. The monsoon rainforest along the escarpment made for a memorable entry for boats entering the harbour and reinforced the identity of the tropical, harbour town. The remnant rainforest is one of a small number of important rainforest patches on the Darwin Peninsular which act interdependently to maintain biodiversity.

While the extent of The Esplanade has changed over time, it has remained true to purpose for more than one hundred and fifty years. Its multi-layered history gives it a unique place in the social and cultural history of Darwin. The fresh water springs that sustained the Larrakia people were appropriated as the earliest water sources for the town. Fruit and vegetable gardens planted around the springs at Doctor’s Gully were taken over by Chinese people, who worked them for many decades. ‘Greek Town’ was established above the Gully. Popular swimming baths were developed at Lameroo Beach in 1921.

Between 1882 and the 1950s, the Darwin Oval was the centre for sporting activity in the town with the earliest cricket and Australian Rules football games played there. The Oval has been the destination point for military, May Day and Bougainvillea parades and has been the location for significant events like Royal visits. Across time The Esplanade has been a meeting and gathering place for cross-cultural encounters, picnics, celebrations, music and cultural festivals, protests and political agitation.

The Esplanade was occupied by the military during World War II and the anti-aircraft guns positioned there are claimed to be the first to fire at attacking Japanese aircraft on 19 February 1942. Further military infrastructure developed on The Esplanade include five Naval Oil Tanks and the RAAF Catalina base at Doctor’s Gully, remnants of which still exist. The relocation of the Cenotaph to The Esplanade in 1990, together with the USS Peary Memorial, the ANZAC Centenary Memorial Garden and Walk, and the Civilians Memorial Entrance has seen The Esplanade become the major site for official military commemorations and tourist visitation. They serve as poignant reminders of the sacrifices made during wartime and of Darwin’s important role in World War II.

Opposition to Heritage Listing

Recently the Lord Mayor of Darwin was on Katie Woolf radio, replay here: https://omny.fm/shows/360-with-katie-woolf/darwin-s-lord-mayor-kon-vatskalis-says-the-nt-gove#description railing against the proposed Heritage Declaration for the Esplanade Darwin. In an apparent rewrite of history, The Lord Mayor advised the listeners that the Council never had any intention to develop the Esplanade. This is despite the public record of the Council and elected officials spruiking the value of a RSL development on Esplanade land. An example is this article is the CEO recommending development on the Esplanade Oct 13 2020 https://ntindependent.com.au/council-acting-ceo-backs-contentious-move-to-provide-rsl-support/

I have previously asked the Executive and Councillors of the City of Darwin at the open session: Who does the Lord Mayor speak for when he is in the public arena? Do his words actually match the opinion of Corporate City of Darwin or the wishes of the elected Councillors or the constituents who vote the Councillors in?

In the Katie Woolfe article the Lord Mayor advises he has his lawyers working against this perfectly reasonable proposal to consider the Heritage value of our precious Esplanade.

For more recent history see this PLan article from November 2020 https://planinc.org.au/2-uncategorised/258-who-owns-darwin-esplanade.html

Part of The Esplanade has been missed.

We feel the whole of The Esplanade should be included in the declaration. If you agree that the integrity of the green escarpment and defined by the Esplanade should be preserved, please ensure that you note this in your submission.