FAQs
Aboriginal organisations, local elders and community groups
Local historical societies
Media outlets
The subdivision and sale of lots along Hay Avenue began almost 100 years ago and this has made finding information difficult.
It is known that one lot along Hay Avenue was a “Reserve for Graves” on the original 1927 registered plan of subdivision. However, this notation was not referenced or shown on the lot's title from the late 1940’s onwards when it was transferred into new ownership, and the site was then developed some time in the 1960’s.
The burial ground was never formally gazetted (registered under law), which may have contributed to the approval of the original subdivision which created 30 individual residential lots along Hay Avenue (including the lot previously identified as a “Reserve for Graves”).
1920s: Berry Municipal Council approved subdivision, including a "Reserve for Graves" lot
1940s: Reserve notation removed / omitted (reason unknown) from NSW government issued property title deed
- 1949: Council notified by community member of intended sale of former reserve lot for building purposes
1962: Council tried to acquire the former reserve lot but ultimately resolved to not pursue
1980s: Two headstones rediscovered and moved to Berry Museum
2000’s: Jerry Bailey Burial Ground Research Group active
2017-18: Detailed investigations, undertaken in response to community representations, couldn't determine exact burial ground boundaries
2020: Heritage consultants Navin Officer registered the site on the Aboriginal Heritage Information Management System (AHIMS), NSW's database of Aboriginal sites, after pro bono research
Memorial or acknowledgment: Creating recognition of the burial ground’s important history on nearby public land
Planning options/protections: Adding heritage safeguards to development rules
- Inform the community and build a shared understanding of the burial ground and its importance
- Gather feedback from key stakeholders
- Develop proposed actions based on input received from key stakeholders
- Broader community consultation on draft actions
- Council decision on final approach
Check AHIMS
Follow guidance in the NSW Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW (DECCW 2010) to determine whether Aboriginal heritage may be harmed by an activity, whether further investigation is needed, and whether an Aboriginal heritage impact permit is required.
Follow Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW (DECCW 2010) before commencing works
Stop work immediately if human remains are discovered
Notify Heritage Council of NSW if remains are found
Obtain any necessary permits (e.g. excavation permit under the Heritage Act 1977) from the Heritage Council of NSW
Landowners/residents are encouraged to seek independent advice for your circumstances
Lifeline – 13 11 14
Mental Health Line NSW – 1800 011 511
Specialised services for Aboriginal Community members are also available on Councils website.
Phone: 1300 293 111
Mail: PO Box 42, Nowra NSW 2541
Reference: 79114E/1
- Inform the community and build a shared understanding of the burial ground and its importance
- Gather feedback from key stakeholders
- Develop proposed actions based on input received from key stakeholders
- Broader community consultation on draft actions
- Council decision on final approach
What is the Jerry Bailey Burial Ground?
A burial ground established between the 1820s and 1831 near the Shoalhaven River at Jerry Bailey (now known as Shoalhaven Heads). It was connected to the historic Coolangatta Estate and used by both Aboriginal and non-Aboriginal families. The last burial was recorded in 1917.
Where exactly is the burial ground located?
Oral tradition within the local Jerrinja Aboriginal Community identifies land within the Hay Avenue, Shoalhaven Heads area, as the general location of the historic Jerry Bailey Burial Ground. This location has long held cultural significance for Aboriginal people throughout Shoalhaven and particularly within the Jerrinja community.
When the area was subdivided for housing in the 1920s, one lot was marked at that time as "Reserve for Graves." This notation was removed from later plans in the 1950s, but two headstones from Jerry Bailey burials remained on that lot until at least 1962.
A community member removed these headstones in the 1960s for safekeeping - they're now at Berry Museum.
No grave markers are visible today and the exact extents of the burial ground are not known.
When was it used and who was buried there?
The Jerry Bailey Burial Ground was established sometime after 1822 and before 1831 on land that at the time formed part of Coolangatta Estate. Both Aboriginal and non-Aboriginal people buried there were likely connected to the estate in some way.
Historian Cathy Dunn has identified 86 known and believed burials through records including civil death registrations, church burial records, coroners’ reports and newspaper articles. She also found 13 individuals who died on the Coolangatta Estate between 1827 and 1898, who were possibly laid to rest at the burial ground, though their exact resting places are unknown. As the recording of burials only became mandatory in 1856, additional unrecorded burials may exist.
A list of known and believed burials is available here. Aboriginal people are advised this page contains names of deceased persons (Source: Cathy Dunn, Australian History Research, September 2025)
Have descendants been contacted?
We will work to identify and consult with descendants through engaging with:
Many of the recorded burials between 1856-1917 are recognisable family names within the local Aboriginal community. The descendants of Aboriginal and non-Aboriginal people buried at Jerry Bailey may still live in Shoalhaven however we may also find a number have moved outside the region which may hamper making contact.
If you are a descendant, or have information that might assist with contacting descendants, we encourage you to get in touch with Council’s project team.
Why is it called the ‘Jerry Bailey’ Burial Ground?
Shoalhaven Heads was once known as Jerry Bailey. There have been various theories put forward as to the origin of this earlier name, but there is significant evidence that it is an anglicisation of a local Aboriginal place name, likely referring to the mouth of the Shoalhaven River. The settlements name was changed in September 1953.
What happened to the burial ground?
The area was gradually developed for housing after the 1920s subdivision. The lot originally set aside as "Reserve for Graves" was sold and developed sometime after the late 1940’s following the death of Alexander Hay. The reserve notation was removed or omitted from the lot's title after this time.
Why was the burial ground allowed to be developed?
Extensive research has been undertaken to try and understand how and why the burial ground area was redeveloped. In this regard:
What did Council know and when?
We've searched Council records extensively. Here's what we found:
Why is Council taking action now?
Years of community and Council research have revealed important information about the burial ground's location and history.
While there are significant sensitivities and complexities associated with the burial ground and no easy way forward, it's important that the community is informed of its history and is able to help determine what actions could be taken to better recognise and manage its heritage.
Long ago decisions to change the use of the former burial ground land – whether through lack of awareness, different attitudes at the time or other reasons – have impacted the families whose ancestors are buried there.
Council acknowledges the pain this has caused and is seeking to bring the community together to properly honour this significant site while considering and supporting landowners/residents who have been impacted by these historic decisions. This is an essential step in our reconciliation journey and our responsibility to tell the full truth about our shared history.
Taking this action is aligned with our commitment to work with the community to recognise, retain and preserve heritage for current and future generations as detailed in the Local Strategic Planning Statement – Shoalhaven 2040.
What options and next steps is Council considering?
This is a complex and sensitive matter affecting many people. We're starting by consulting with descendants, landowners/residents in the area, and Aboriginal people with connections to the site to understand everyone's views before deciding how to move forward.
Council are seeking input from the community on what actions they would like to see taken to better recognise and manage the heritage of the burial ground. Some options that have already been raised by community members that could be considered include:
We welcome other ideas from stakeholders during the consultation process.
Council's approach is guided by our commitment to truth-telling and reconciliation, and by our responsibility to do the right thing for our community and is aligned with our commitment to work with the community to recognise, retain and preserve heritage for current and future generations as detailed in the Local Strategic Planning Statement – Shoalhaven 2040.
Better recognising and managing heritage at this historically important site is essential to honouring the commitments we've made to our Aboriginal community and telling the complete story of our shared history.
We also recognise the sensitivities for landowners and residents in the area and Council is committed to working respectfully with all stakeholders as we navigate this situation together.
Process:
What does AHIMS registration mean?
The Aboriginal Heritage Information Management System (AHIMS) is NSW's database of Aboriginal sites, objects and places whose existence and location have been reported to Heritage NSW under the National Parks and Wildlife Act 1974. The burial ground area was added in 2020.
Before any excavation or development work, you must:
What does this mean for future development?
Property owners must consider potential heritage impacts, including unmarked graves and artefacts, and take steps to avoid harm.
Certain development activities, such as excavation of previously undisturbed land, have a greater likelihood of impacting heritage associated with the burial ground.
Obligations for any proposed development:
Council will continue to include standard conditions on development consents notifying applicants of their obligations under the NSW Heritage Act and NSW National Parks and Wildlife Act.
What support is available?
This is a sensitive situation affecting many people. We're prioritising consultation with descendants, landowners/residents, and Aboriginal community members with connections to the site given their relationship to the burial grounds.
If you're affected by these issues:
Anyone needing support:
How can I get involved?
Priority consultation with descendants, landowners, and Aboriginal community members with connection to the site to inform next steps.
Contact the project team:
Stay updated: Subscribe to this Get Involved page
Community knowledge welcome: Contact us if you have any further information about the burial ground, it's location or can help us to identify/connect with descendants.
Next steps: