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Notice of Intention to Consider Listing on the State Heritage Register


Captain Moonlite and James Nesbitt’s Graves


North Gundagai Cemetery, 58 William Street, Gundagai

Heritage Council of NSW resolved, at its meeting on 5 March 2024, to give notice of its intention to consider listing Captain Moonlite and James Nesbitt’s Graves on the State Heritage Register (SHR) in acknowledgement of its heritage significance to the people of New South Wales. This advice is in accordance with section 33(1)(a) of the Heritage Act 1977 (NSW).

 Any members of the community, owners, managers, organisations or other interested parties are invited to make a written submission regarding the proposed listing and significance of Captain Moonlite and James Nesbitt’s Graves. Submissions should be posted or emailed to the Heritage Council of NSW at the following address during the public submission period commencing on 14 March 2024 and closing on 11 April 2024:

 Heritage Council of NSW

Locked Bag 5020


 Please note that the Heritage Council is unable to accept submissions received after the closing date.

 Captain Moonlite and James Nesbitt’s Graves are likely to be of state heritage significance for their historical, associative, and rarity values. The grave of Andrew George Scott (Captain Moonlite) is the final resting place of one of the 19th century’s best-known bushrangers, a notorious figure of State associational value. Captain Moonlite’s unique contribution to bushranging folklore is likely of State historic significance for providing a window into queer relationships in the 19th century. His recorded death cell request to be buried with his gang mate, James Nesbitt, was fulfilled 115 years after his execution, reflecting the ongoing impact of his legacy. Scott’s expression of his feelings for Nesbitt is a significant and rare example of this type of publicly acknowledged same-sex relationship in the 19th century. The burial place is rare in its demonstration of a diverse counternarrative within the broader historical discourse of masculinity, relationships, and crime in Australian bushranging.

 For further details on the nominated item and how to make a submission, go to the NSW Government Environment and Heritage website:

A heritage item is a building, place, object, archaeology site or Aboriginal object that is of particular historic or architectural merit and has been designated by Council or the State.

A heritage conservation area is an area that has been designated by Councils to help protect their unique character or history, including a place of Aboriginal heritage significance.

A Local Government Area Community Based Heritage Study of the former Cootamundra Shire was completed by Heritage Architect, Dr Peter Kabaila.

A review of heritage items and places is a study that is to be undertaken to inform the development of a new Local Environmental Plan for the entire Cootamundra-Gundagai Regional Council area.


Heritage conservation is important in telling the story of our past.  It is also an important form of recycling and sustainable development, for example to convert and reuse a heritage item rather than demolishing saves the planet in some many ways from energy needed to manufacture new materials, to space in landfill and transport costs of getting material to and from site.   Technical advice on upcycling heritage buildings to meet today’s requirements is available for free from the NSW Heritage Council. Furthermore, heritage tourism is a unique way of communities capitalising on their neighbourhood character and profile.

Listing heritage places signifies their importance to the community and provides a means for their management.  It provides certainty to owners and potential purchasers about the approvals process and is considered to be a mark of community recognition and distinction.  Listing does not diminish or remove the rights of the owner, nor does it mean that the items needs to be open to the public, rather it provides a point of difference for those who do wish to capitalise on their asset to attract visitors with free promotion of listed pubs, bed and breakfast and the like on the heritage tourism website.

Final Heritage Study Amended Oct 2010 (PDF 3.54MB)
Public Exhibition of proposed Heritage Items and Conservation Areas in Cootamundra Shire (PDF 26KB)

For further information concerning heritage matters, visit the Heritage Council of NSW page on Office of Environment and Heritage (OEH) website below,


In June, 2018 Council received funding from the Office of Environment and Heritage to complete the Wallendbeen Strategic Heritage Study and King Street Revitalisation Plan. This Project was a three stage project.


  1. Stage one was to complete the Strategic Heritage Study. In November 2018, Council engaged ngh Environmental to engage with the community and complete the study. Community consultation occurred during A site inspection and photographic heritage assessment was undertaken . Engagement and feedback during the community consultation was considered by Council staff and as a result the project scope was expanded to include more heritage significant items and aspects which were identified by the community.


The Wallendbeen Strategic Heritage Study was adopted by Council after being placed on public exhibition in March 2019.



  1. Stage two was the development of the Wallendbeen Masterplan, which was informed by the heritage study, with recommendations based on heritage significance, impact and design.


The Wallendbeen Masterplan was adopted by Council in October 2019.

Wallendbeen Masterplan King-Street-Revitalisation-Masterplan


  1. Stage three includes six stories being uploaded to the Heritage Near Me App. Stage three is run in conjunction with stage 1 and 2 of the project and is being completed independently by the Office of Environment and Heritage.