My husband and I live in close proximity to this project and have been residents for 13 years. We object to this proposal on a number of grounds, not least of which is the profound, deleterious effect this project will have on the built heritage of the existing gaol, but also on the heritage fabric and amenity of Berrima.

The proposed development of three storey 'motel' units, obliterating the view of the western elevation of the historic wall, represents the height of inappropriate and gross overdevelopment in the immediate vicinity of the riparian zone of the Wingecarribee river. This is completely out of keeping with the heritage nature and feel of Berrima and it's Georgian influences. The proposed development is clumsy, ill-conceived and centred on gross commercialisation rather than heritage protection. Importantly, should the current owner fail commercially, then the community will be stuck with a three storey white elephant which has damaged the heritage fabric of the building. The applicant should be directed to amend their proposal to ensure that any accomodation requirements are contained within the existing walls of the goal, not perched outside. This historic item in the last remaining intact Georgian Village on the Australia mainland deserves much better than the poorly conceived proposal that has been lodged.

Further, the development of these 'motel' units outside the goal walls will significantly increase runoff and contribute to flooding which is already an issue on this part of the Wingecarribee River and which we, as residents with a property on the river, can attest to.

We are very concerned at the impact on amenity of amplified music. Berrima sits in a small valley hence any amplified sound bounces around the village and causes significant impacts on amenity. The applicant proposes many functions per week and we believe this will have an excessive and damaging impact on the amenity of what is a very small village. We are opposed to amplified music being permitted on this site.

The proposal provides no community benefit of any kind or recognition of the history of the site and it's connection to Berrima, significantly as the goal has been part of the community for nearly 160 years. Notably it is also the site of the execution under capital punishment of six people, and the sad and complex history of the goal is not being preserved for future generations.

We urge the panel to refuse this application.

I am Aunty Trish Levett [Kalawatawarra] a Gundungurra Aboriginal Custodian and Elder.
Berrima Correctional Centre operated as a women’s prison during two separate periods: from 2001 to 2011 as a medium-security facility, and again from 2018 to 2020.
During the earlier period, I worked as an Aboriginal Health Worker with the Wingecarribee Community Centre. In that role, I visited the gaol every fortnight to deliver cultural programs, including traditional dance, to First Nations women inmates. I also acted as an advocate for the women, raising their concerns and issues directly with the Governor-General.
Aboriginal people, particularly the Gundungurra, have maintained an enduring spiritual and cultural association with the lands and waters of Berrima, including the former Berrima Correctional Centre and its surrounds, which lie along the sacred Wingecarribee River, known traditionally as Woonjeegaribay. The tributaries, wetlands, floodplains and riparian zones of the Woonjeegaribay are the place that holds our Gundungurra Law; these waterscapes are sacred to our people and remain central to Gundungurra law, ceremony, and identity.
I acknowledge the decision of the High Court of Australia in New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50, which finally determined that the site was not claimable Crown land under the Aboriginal Land Rights Act 1983 (NSW) at the time the claim was lodged in 2012.
That decision, however, does not extinguish continuing Gundungurra connection to Country, nor does it preclude the recognition or determination of Mortimer v Auswide Services Ltd T/as Caloola Farm (In Liquidation) [2016] ACTSC 282.
Berrima Gaol is listed on the State Heritage Register and forms an integral part of the nationally significant Berrima Conservation Area; it is situated on the banks of the Woonjeegaribay River. The imposing sandstone walls of Berrima Gaol were always intended to be read in direct and dramatic contrast with the natural sandstone escarpment and the living, sacred Woonjeegaribay River below, Country walked, fished, camped, and cared for by Gundungurra people for countless generations. That relationship between the built colonial form and the enduring Gundungurra landscape is the very essence of Berrima’s nationally recognised heritage significance. It must not be compromised.
Regrettably, the Aboriginal Cultural Heritage Assessment Report (ACHAR) prepared by Austral Archaeology for Blue Sox Pty Ltd relies on desktop review and visual inspection only. The assessment falls short of the rigorous methodology expected for a site of such sacred and cultural sensitivity and scientific potential. The decision not to conduct archaeology, citing potential asbestos contamination, appears difficult to justify as asbestos risks are routinely and safely managed on contaminated sites in NSW. A desktop study and walkover is not considered adequate for a site where Traditional Owners know of burial risk.
I have reasonable cause to believe Aboriginal human remains and significant relics are present in or around the grounds of Berrima Correctional Centre. Gundungurra knowledge-holders know the area, especially above and below the riverside sandstone shelters and the gaol grounds, is highly likely to contain burial sites and other cultural material, there are natural sandstone shallow rock shelters along the river walk all the way to Lambie’s Well. Their undisturbed protection or proper investigation and management is not only a legal requirement but a fundamental ethical and cultural obligation.
Section 86 of the National Parks and Wildlife Act 1974 (as it currently stands after the 2023–2025 reforms) makes it an offence to knowingly disturb or excavate land that contains (or is reasonably likely to contain) an Aboriginal object or an Aboriginal place. The 2020–2025 Due Diligence Code of Practice and the new AHIP guidelines explicitly state that where there is “reasonable likelihood” of subsurface objects, test excavation is normally required. The Code of Practice for the Archaeological Investigation of Aboriginal Objects in NSW (Heritage NSW, 2023) also mandates Gundungurra custodian participation in surveys, inspections, and digs.
As a Gundungurra Elder, before any ground disturbing development can lawfully proceed, and because there is reasonable cause to believe the site contains Aboriginal objects including human remains, I require properly controlled subsurface testing with a Gundungurra custodian of my choosing present as cultural advisor/officer. There is an ethical and cultural imperative that Aboriginal Gundungurra custodians be present during any archaeological dig on these sensitive cultural lands. Presence ensures respect for cultural protocols, incorporates Traditional Knowledge, and fulfils obligations to protect our heritage.
Gundungurra people assert our inherent right to self-determination in relation to our traditional Country, including the lands and waters of the former Berrima Correctional Centre and our sacred Woonjeegaribay River. In the spirit of self-determination and in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, which Australia has endorsed, Gundungurra knowledge-holders must participate in good-faith mediation in relation to current ownership, any future resale, or ongoing redevelopment of the site. True self-determination means far more than token consultation, it requires that Gundungurra voices, knowledge, and authority are placed at the center of every decision that affects our cultural heritage and continuing connection to this sacred place.
I strongly encourage Blue Sox Group Pty Ltd and its successors in title to actively seek Gundungurra partnership and consent at every stage of the development process. Meaningful, early, and respectful engagement with Gundungurra knowledge-holders is not only a legal and ethical obligation under NSW heritage and planning laws; it is a practical and powerful way to ensure the project proceeds with cultural legitimacy, community support, and lasting reconciliation outcomes.

The current redevelopment proposals, particularly the multi-storey apartment buildings planned outside the gaol walls, represent a profound intrusion. They would permanently fracture the protected, uninterrupted Georgian vistas from the village down to the river, vistas deliberately preserved for almost two centuries, and threaten the habitat of the endangered platypus and the ecological and spiritual integrity of Woonjeegaribay itself. The sandstone landscape below the gaol connects to the Berrima Wildlife Reserve, supporting a diverse array of native fauna and acting as a key corridor for aquatic and semi-aquatic species. During my care for Country over the years I have seen blue-tongue and water dragons, echidna, wallaby, wombat (including a large burrow about 500 meters from the gaol), platypus, and many birds such as galahs, gang-gangs, black cockatoos, kookaburras, magpies, blue wrens, honeyeaters, and my totem, the dragonfly [Kalawatawarra].
Along the riverwalk are scar tree evidence of my people’s occupation, these places also form my lived experience as I honour my Ancestors. Our Gundungurra custodians hold irreplaceable knowledge of Country, including songlines, ceremonial sites, and spiritual connections and the journey of Gurangatch and Mirrigan. Excluding my people from decision making in regards to this development risks desecration and erodes trust.
Recent projects, like the Dargan Shelter excavation in Gundungurra/Dharug Country, 2025 study, were found in a cave known as Dargan Shelter, believed to be the oldest known site of human activity at high elevation on the Australian continent, this study is a demonstration of how custodians' input has uncovered 20,000-year-old artifacts while ensuring repatriation and reburial of remains.
The Gundungurra Elders are willing to work collaboratively with adaptive reuse developers of the former Berrima Gaol, the Wingecarribee Shire Council, and the NSW Government toward outcomes that respect and protect both the Colonial and Gundungurra layers of this landscape. However, any plan that sacrifices the natural sandstone backdrop, the sacred river, the riparian zone, its endangered platypus population, and the historic view corridors for private profit development cannot be supported and is fundamentally incompatible with Gundungurra self-determination and the long-term heritage values of Berrima.

I respectfully urge the Minister Paul Scully MP to require a more thorough and respectful investigation, including carefully controlled subsurface testing, to ensure both Aboriginal and colonial heritage values are fully understood and appropriately safeguarded before any further decisions are made.

It’s a great initiative for Berrima and its community and adds much needed accommodation to the area.

I am a resident of rural NSW. Small towns in this state have limited options for retaining and conserving heritage buildings, sympathetically with their context. Berrima's settlement history is unique because of when (early) and where it happened (so close to original European settlement, with various options for the town's growth and viability), and it is worth protecting and telling that story, for the benefit of locals and tourists alike. I was appalled to see that the proposed redevelopment of the Berrima Gaol would change the character of the site and, in my view, overwhelm the setting, especially as the proposal seems to completely change the presentation of the sandstone enclosure. I understand that conservation of such places is expensive, and that willing developers are often part of the solution, but a development of the scale and exclusivity as proposed would detract from the place. Perhaps it is an ambit bid and the developer hopes to sneak in something rather more acceptable; time will tell. The Gaol is part of our shared heritage, not fodder for developer grandising and profit taking. I suggest that the proposal is rejected or reduced in scale and design, so that it is acceptable to the local community.

I object to the current proposed redevelopment of Berrima Gaol. While I strongly support the adaptive reuse of the old Gaol, my concern lies with overdevelopment of the site, the ugliness and inappropriateness of the proposed hotel design, the impact on traffic and parking in the village, and, of particular importance, its effect on the wildlife corridor it supplants and the fragile river environment.
We first visited Berrima in the seventies, were enchanted by its charm, heritage and connection with the landscape. We moved to a farm property near the village, and are very much part of the community. We love Berrima, its river walk, old buildings and character. The Gaol, like the Courthouse, the Surveyor General Inn and Harpers Mansion, is part of this important heritage, and we envision its future use to incorporate community activities, the aboriginal community , and include artistic and other activities which would result in wide community engagement and enrich the region.
We are dismayed that environmental and heritage sensitivity appears to be completely lacking in the design of a huge modern hotel block outside the gaol walls. Not only is this a visual eyesore in proximity to the other buildings, it does more harm than good to the river environment and destroys a beautiful part of the village. Parking and traffic will also be problematic and we are concerned that the amenity we enjoy in village life will not be sustained.

I am very opposed to the Blue Sox development and in particular:
1. the proposed build of a 50+ new hotel rooms adjacent to the west-facing Gaol wall so as to overlook the Wingecarribee River, which will detract significantly from the gaol’s unique heritage setting.
2. the proposed alteration of the Gaol’s stone wall to make a significant second entry point for public access.  This huge door is just 20 or so metres south of the main entrance

These two changes alone stand out as totally unsympathetic and unnecessary changes to the gaol.

They are driven more by the commercial gains of Blue Sox than the interests of heritage and the community.

The gaol and the adjoining court house and its Berrima setting have in the past been suggested as a potentially important addition to the current World Heritage Listing of the Convict Sites in Australia. If the Blue Sox proposal is agreed to it would ruin any chance of such a listing. There are many information sites for this World Heritage Listing including the following https://www.dcceew.gov.au/about/news/world-heritage-listed-convict-sites-turn-15

Dennis McManus PSM, BA, Dip T & C Planning, M.Built Envir. (Heritage Conservation), Retired Town Planner (NSW Department of Planning) and Senior Heritage Officer (NSW Heritage Office)

I believe this development will be vital for helping Berrima’s economy continue to grow and thrive into the future.

This submission covers different issues