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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


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