Skip to main content

Mt Warning - Response to Questions on Notice - APMP - "not legally enforceable"


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


Comments

Popular posts from this blog

BOMBSHELL DOCUMENT LEAK - WCG MEETING MINUTES 2011-2024

 WCG MEETING MINUTES 2011-2024 We have been given access to minutes of meetings of the Wollumbin Consultative Group between 2011 and 2024. On the basis of the minutes it is clear the time for an independent public inquiry into management of Mt Warning National Park and the entire NSW Parks estate is long overdue.  Documents are made available as a matter of deep public interest in current management practices in our National Parks. What is happening at Mt Warning will be occurring in other Parks across NSW as NPWS continue to push for and develop handback and lease agreements of our public parks. In our view these plans are divisive: they prevent public involvement in managing public land, they will add considerable cost to managing our parks, and they will result in further irrational bans and limits on public access.  NPWS: "Custodians are looking at ways to progress handback at the June meeting. We envisage it will take 10-15 years for handback across the whole state."...

NSW NATIONAL PARKS HANDBACKS - PROCESS HAS STARTED

NSW NATIONAL PARKS HANDBACKS - PROCESS HAS STARTED:  Welcome to the new Apartheid   People also said that Aboriginal knowledge holders need to have a role in determining the appropriate activities that can be carried out on Country/in parks.  People called for equal or majority Aboriginal representation on any joint management governing body, with a view also put forward that the governing body should consist of Aboriginal people only. A view was also put forward that the land should be restored to how it was at the point of first contact – pre colonisation.  This view went to the extreme of saying Healthy Country means the removal all things that were not present in 1788, including all buildings, introduced species and other infrastructure. NPWS' busy bureaucrats are in process of negotiating handover of our National Parks to private interests. The plan will potentially see every National Park in the state handed over to as yet unknown Aboriginal groups then leased...

Mt Warning closure - 4 years of lies and misinformation

 Mt Warning closure - 4 years of lies and misinformation March 30 (Easter Saturday) marks the 4-year anniversary of the "temporary" closure of the Mt Warning summit track. Some thoughts and rambled musings below.  I spoke with Ben Fordham about the anniversary on the Ben Fordham Breakfast show on 2GB. Ben's response a classic:  "If you want to climb, just climb it!" Link to that interview HERE . 4 year anniversary of bureaucratic madness We know the exact date of the closure thanks to bushwalker: Tertia Starr Maynard, who posted a photo of a note left on her windscreen by NPWS rangers to the reopen Facebook page . It was dated and read “NPWS advises Wollumbin National Park is closing from today due to covid19. Gate is not locked but please close behind you as you exit. Thanks NPWS.” Photo by T Maynard - the last walkers out.  In the 4 years since, after other parks were reopened, Mt Warning remained closed and the reason for the temporary closure morphed to in...