FOI BOMBSHELL: Part 2 Did minister sign NPWS briefing note authorising shut down of Mt Warning?

FOI BOMBSHELL Part 2: Did the minister sign NPWS briefing note authorising shut down of Mt Warning?

On 24 December 2021, I sent a GIPA (FOI) request to NPWS for the following information:

Correspondence (emails, reports and other forms) dealing with long term closure of the Mt Warning Summit Walk including a survey report prepared for NSW NPWS covering visitor opinions about walking up Mt Warning.

Any other correspondence covering a ban on the Mt Warning Summit Walk across the period indicated (01/01/2017 to 22/12/2020).

NPWS GIPA minions released a batch of documents on February 16, 2021. We covered these in our post "FOI BOMBSHELL: PERMANENT BAN ON MT WARNING 25 NOVEMBER 2022"

A number of documents were completely redacted and I requested an external review of these by the NSW Information Commissioner. On 11 June 2021, the Information Commissioner recommended a new decision be made regarding documents 3A, 5A, 5B, 5C, 5D, 5E and 7 by way of internal review.

The Information Commissioner found: "The review of the Agency’s information and decision concluded that its decision is not justified. The reviewer recommends, under section 93 of the GIPA Act, the Agency make a new decision by way of internal review."

NPWS have now reviewed their initial decision (5 July 2021) and they have released documents 3A and 7 in partially redacted forms but withheld access to document 5A-5E now claiming they are not their documents to release. Good grief!

Document 3A (ACCESS HERE) is a draft of a Ministerial Briefing Note to Minister Matt Kean requesting he approve the permanent closure of the Mt Warning Summit track. It is not known if this was signed. I have asked the Minister if he has signed the final version of this briefing note. The information provided to the minister by NPWS in this briefing note:

Misrepresents the safety issues,
Erroneously overstates the landslide and rock fall risk,
neglects to provide the full picture about Indigenous opinions about the summit walk by omitting the views of Mt Warning custodian Ngaraakwal Elder Marlene Boyd RIP "How can the public experience the spiritual significance of this land if they do not climb the summit and witness creation."
Does not provide a mechanism of consultation or compensation for lost income for local businesses.

If the Minister signed the note, he has been misled by his department!

Document 7 (ACCESS HERE) Wollumbin Cultural Values Report 1 – Brummies Lookout. This report provides background information about the potential to develop Brummies Lookout as an alternative bushwalking experience if the Mt Warning Summit track is closed.

On Page 4 of the report NPWS provide only one indigenous perspective about climbing Mt Warning and they warp this to give the impression only a few people will climb it. The dishonest nature of the information provided by the public servants behind this is sickening.

What NPWS tell the Minister and what they leave out - NPWS guilty of misinforming Minister about Indigenous views and safety about climbing Mt Warning.

I am looking at requesting the Information Commissioner further review NPWS withholding of documents 5A-5E.

Mount Warning: Aboriginal claims about summit climb are contested

"How can the public experience the spiritual significance of this land if they do not climb the summit and witness creation." Ngaraakwal Elder Marlene Boyd RIP NSW NPWS have the following description about Aboriginal attitudes to people climbing to the summit of Mt Warning on their webpage about the walking track: Wollumbin, which means ‘cloud catcher’ to some Aboriginal People, is a traditional place of cultural law, initiation and spiritual education for the people of the Bundjalung Nation. Under Bundjalung law, only certain people can climb the summit. Out of respect for their law and culture, consider not climbing the summit. These claims, including the very name applied to the mountain, are contested and it seems there is another story that NSW NPWS have not properly acknowledged and have long kept from public attention. We came across this article from the Daily News February 24 2007 about Ngaraakwal Elder Marlene Boyd that makes for interesting reading. It seems

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Right to Climb

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