Hon Mark Latham has had a response from the NSW Environment Minister to a series of questions about the current state of the Mt Warning Park Management Plan and its interaction with the new Aboriginal Place Management Plan, and inquiries about ongoing investigations by NPWS.
Some key answers:
- An Aboriginal Place management plan is not itself legally enforceable
- 'Desecration' is not defined in the NPW Act.
- PRTCPM has not been amended to include APMP (it was amended "to recognise the establishment of the Wollumbin Aboriginal Place." this is not the Plan.)
- Investigation into Jan 26, 2023 climb is "ongoing"
https://www.parliament.nsw.gov.au/lc/papers/pages/qanda-tracking-details.aspx?pk=96871
1183 -
Environment - PARKS AND RESERVES OF THE TWEED CALDERA PLAN OF MANAGEMENT
Latham, Mark to the Minister for Climate Change, Minister
for Energy, Minister for the Environment, and Minister for Heritage
(Q1) Can the Minister advise whether the Parks and Reserves
of the Tweed Caldera Plan of Management (PRTCPM) allows public access to climb
the summit of Mt. Warning?
(A1) The Wollumbin
summit track and Aboriginal Place is closed to public access under clause 6(1)
of the National Parks and Wildlife Regulation 2019. The plan of management for
Parks and Reserves of the Tweed Caldera 2004 is not the means by which walking
access to the Wollumbin summit is restricted.
(Q2) Can the Minister advise when the PRTCPM was last
amended to give effect to the Aboriginal Place Management Plan for Mt. Warning,
which states, on page 19, that the PRTCPM “would require amendment to ensure
the Aboriginal Place is managed in accordance with this Aboriginal Place
Management Plan into the future”?
(A2) The Wollumbin
summit was declared an Aboriginal Place in 2014 under the National Parks and
Wildlife Act 1974 (NPW Act). In 2019 the plan of management for the Parks and
Reserves of the Tweed Caldera was amended to recognise the establishment of the
Wollumbin Aboriginal Place.
(Q2a) If the PRTCPM has not yet been amended to give effect
to the provisions of the Aboriginal Place Management Plan as described above,
what is the present status of the legal enforceability of the provisions of the
Aboriginal Place Management Plan?
(A2a) Section 85 of
the NPW Act outlines the requirements to ensure the proper care, preservation
and protection of an Aboriginal Place while Section 86(4) of the NPW Act
provides that it is an offence to harm or desecrate an Aboriginal Place. An
Aboriginal Place management plan is not itself legally enforceable but contains
information relevant to the application of provisions of the NPW Act that apply
to Aboriginal places. See also response to question 1.
(Q3) Can the Minister confirm that one of the seven
protesters who climbed Mt. Warning on Australia Day was interviewed by National
Parks and Wildlife Services investigators?
(A3) Yes.
(Q3a) What was the nature of this investigation?
(A3a) The
investigation relates to the alleged unauthorised entry into Wollumbin National
Park while the park was closed to the public as well as the allegation that
this may have resulted in harm or desecration to an Aboriginal Place.
(Q3ai) Under what authority was this investigation taken?
(A3ai) The
investigation is being undertaken by an officer authorised under Section 156B
of the NPW Act.
(Q3aii) How many National Parks and Wildlife Services
investigators were involved?
(A3aii) One Department
of Planning and Environment Investigator and one National Parks and Wildlife
Service (NPWS) officer.
(Q3aiii) How long did the National Parks and Wildlife
Services investigation take place?
(A3aiii) The investigation is ongoing.
(Q3b) Can the Minister confirm that among the issues raised
was the alleged “desecration” of the site?
(A3b) Yes.
(Q3c) What other issues were the subject of the National
Parks and Wildlife Services investigation?
(A3c) The alleged offences outlined in 3a were the only subject of the NPWS investigation.
(Q3d) What was the outcome of the National Parks and
Wildlife Services investigation?
(A3d) The investigation is ongoing.
(Q3ci) Is there a report on this National Parks and Wildlife
Services investigation?
(A3i) A report has not been prepared as the investigation is ongoing.
(Q3e) Is the report publicly available?
(A3e) Not applicable.
(Q3ei) If not, can the Minister provide a copy of this report?
(A3i) Not applicable.
(Q4) Can the Minister clarify whether a charge or allegation
of “desecration” is open to National Parks and Wildlife Services investigators
under the PRTCPM?
(A4) Under Section 86(4) of the NPW Act, it is an offence to harm or desecrate an Aboriginal place.
(Q4a) What is the definition of “desecration” under the
PRTCPM?
(A4a) 'Desecration' is not defined in the NPW Act.
(Q4b) Under what provision of the PRTCPM is “desecration”
addressed?
(A4b) See response to 4 above.
(Q4c) Under what provision of the PRTCPM are charges or
allegations of “desecration” enforced?
(A4c) See response to 4 above.
Question asked on 31 August 2023 (session 58-1) and
published in Questions & Answers Paper No. 82
Answer received on 21 September 2023 and to be published in
Questions & Answers Paper No. 94
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