Complaint to Ombudsman

 As no reply has been received to my complaint sent on February 18. I have lodged a complaint about NPWS mismanagement of the park with the NSW ombudsman. 

Progress will be posted here. 

Here's the original letter:

Dear Premier, Minister, NPWS Northern Region Directors,

Cc various media groups. 

This is a formal complaint about NPWS management of Wollumbin National Park in northern NSW. Documents obtained through GIPA/FOI reveal serious deficiencies in NPWS management of the park over many many years. It is clear from the documents that NPWS have misled the public and the Minister about safety issues and the true nature of indigenous opinions in the Park, and have actively “demarketed” the park for many years. NPWS have breached the public's trust and should be held to account. The documents reveal the following information:

• A "Final Wollumbin Closure Event" is planned by NPWS for 25 November 2022. Documents show NPWS have NO intention of re-opening the park to the public before that time. It’s clear the permanent closure has been planned for many years, despite NPWS indicating a review will be undertaken in May 2021. NPWS have been concealing their plans to permanently close the park for many years. 

• Public information released about the safety issues on the Mountain by NPWS has a critical error. NPWS have claimed there are "extreme" and "catastrophic" risks on the mountain from landslides and other hazards but the FOI documents show these are in error and these hazards are assigned a "medium" risk in NPWS own safety assessment. For the hazards listed the risk is similar to other Grade 4-5 bushwalks in the state that are currently open.

 
• The medium risk assigned for landslides and rock falls conflicts with a slope stability assessment completed by geotechnical experts in 2018 that found risks to visitors from possible landslides and rockfalls in the park are very low, effectively lower than traveling anywhere by train in Australia.

 
• Consultations NPWS have had with Aboriginal groups have not included or considered and paid respect to the diverse range of indigenous opinions about Mt Warning, some of which encourage climbing. NPWS have an obligation under the National Parks Act to take the views of Traditional owners into account They have failed to do so for many years. The area of Mt Warning is the traditional area of the Ngarakwal/Nganduwal peoples -  not the Bundjalung who are a merger of various other northern NSW groups. In its deliberations, FOI documents reveal NPWS have included groups from interstate with no legitimate claim on the mountain. In an interview in 2007 before she died Ngaraakwal elder and Mount Warning custodian Marlene Boyd. Stated  "I do not oppose the public climbing of Mt Warning - how can the public experience the spiritual significance of this land if they do not climb the summit and witness creation!" What a wonderful inspirational message this is. It is such a joyous affirmation of the awe and wonder we all experience when we connect with nature and the natural world, and it is outrageous and insulting that her views have been completely ignored by NPWS.

• NPWS have not provided a mechanism or consulted with the business groups and individuals over compensation for losses incurred over many years due to NPWS active "demarketing" of the park that has reduced visitation. It has not provided a means for businesses to gain compensation for losses due to NPWS planned permanent closure of the Park. 

The following actions are necessary to restore proper management of the park.

1. NPWS have misled the public and the Minister about safety and the true nature of indigenous opinions in the Park, and have actively “demarketed” the park for many years. The Government must strip NPWS of management of the park and appoint an independent management board to restore common sense and balance to looking after this outstanding natural resource that belongs to all of us. We all have the right to use the walking track built by volunteers in 1909 to access those remarkable summit views. 

2. Immediately withdraw erroneous safety information and provide a corrected safety assessment that shows the summit track is no less safe than any other grade 4-5 walks in the state that are currently open. 

3. Inform the public that the views of traditional owners of Mt Warning have been ignored in providing visitors with information about Indigenous views about the park, and ensure they are included in any further deliberations about the Park's Management. 

4. Withdraw the results of a visitation survey that did not include the views of Ngaraakwal elder and Mount Warning custodian Marlene Boyd supportive of public climbing to the summit. 

5. Fix a sign in honour of Ngaraakwal elder and Mount Warning custodian Marlene Boyd to the summit of the Mountain inscribed with her inspirational message:  "I do not oppose the public climbing of Mt Warning - how can the public experience the spiritual significance of this land if they do not climb the summit and witness creation!"

6. Provide compensation to businesses affected by NPWS long-term "demarketing" campaign and its planned permanent closure of Wollumbin National Park should the permanent closure go ahead.

7. As soon as practicable, prior to easter, reopen the park and summit track to the public.

8. Provide a new management plan that provides for proper maintenance of park infrastructure respectful of the many volunteers who have contributed to the construction and maintenance of the summit track over many decades, including replacement of the chain leading to the summit and care and maintenance of summit lookouts. 

9. In regard to Management plans for Aboriginal places "Bushwalking" and "rock climbing" to be removed as harmful activities from all Aboriginal Place management plans currently in use or planned for other Aboriginal Places in NSW. 

10. NPWS to provide a formal apology to the people of NSW for breaching the public's trust and misleading the Government.