National Parks and Wildlife Regulation 2009
I wish to make a brief contribution to the disallowance of the National Parks and Wildlife Regulation 2009. The National Parks and Wildlife Service manages more than 6.5 million hectares of land on behalf of the people of New South Wales, comprising 750 protected natural areas.
These properties are defined into seven different categories because of the varying levels of protection they require—from robust national parks that are set up to cater easily to large numbers of visitors with minimal damage, to nature reserves that are of special scientific conservation interest and intentionally do not cater to visitors who could upset their fragile ecosystems.
The karst conservation areas are wonderful limestone, dolomite and chalk landscapes that offer unique experiences through their spectacular beauty, and include the Jenolan, Wombeyan, Abercrombie and Borenore caves. Aboriginal sites are those that have been identified as having special significance to Aboriginal people or that contain objects of Aboriginal culture, such as the Lake Wollumboola area near Jervis Bay.
Aboriginal areas allow for the use of the area by Aboriginal people for cultural purposes. They are also intended to promote public understanding and appreciation of their natural and cultural values and significance to Aboriginal people, and provide opportunities for appropriate research in accordance with Aboriginal cultural values.
The kinds of commercial activities already allowed include filmmaking, guided tours, skiing, food vendors, rental of kayaks, canoes and bicycles, coffee kiosks and other businesses that make a visit to the park more enjoyable for the community. But the regulation that is the subject of disallowance catches many innocent people possessing everyday equipment. Increasing tourism throughout the State is a priority in the State Plan, and opening many parts of New South Wales to more commercial activities is one way to attract more visitors.
Ecotourism is an area with huge potential for our beautiful State, as nature-based tourism is increasingly popular with international tourists, who place a high premium on peace and tranquillity and who search for opportunities to spend time in the wilderness or in the caves, with guided bushwalking, studying Aboriginal rock art, bird watching, rock climbing, caving, canoeing, kayaking and other activities. However, while we welcome appropriate commercial use of natural assets, the regulation catches visitors with everyday equipment that is not specifically or uniquely caving or diving equipment.
The National Parks and Wildlife Regulation 2009 came into effect on 01 August 2009. The regulation contains a provision clause 24(3) which makes it an offence for a person to have in their possession in certain parts of the National Parks Estate “caving equipment of cave diving equipment”.
However, the wording of the regulation is such that it has the effect of prohibiting people from carrying everyday items such as ropes, waterproof watches, torches and scissors in their possession (such as in their vehicles) when they visit some areas of national parks, including the iconic tourist area of Jenolan Caves.
This regulation is unnecessary. It will have the effect that many thousands of people, including tourists, families, school groups and church groups on social outings, are likely to unwittingly commit an offence that could render them liable to a fine of up to $3,300 for having such items in their car or otherwise in their possession.
There is another provision that makes it an offence to enter caves without consent and this should be sufficient regulation to enable people entering caves illegally to be prosecuted.
Clause 24 contains a series of provisions relating to caves.
(3) A person must not have in his or her possession in a karst conservation reserve or in, or on, a karst environment in a park any of the following:
(a) caving equipment, including (but not limited to) the following:
i. safety helmets or headlamps mounted on safety helmets,
ii. static safety rope, nylon rope or webbing,
iii. wire caving ladders,
iv. prusik or abseiling devices,
(b) cave diving equipment, including (but not limited to) the following:
i. scuba equipment,
ii. face masks, wetsuits, fins, waterproof torches, helmets,
iii. safety reels,
iv. line cutting devices,
v. depth gauge, underwater timing device or dive computer
There are four karst conservation reserves in New South Wales – Jenolan, Wombeyan, Abercrombie, and Borenore. Three of these (Jenolan, Wombeyan and Abercrombie) contain commercial tourist cave operations that are regularly visited by members of the public, including international visitors.
In addition, there are karst environments in a number of national parks in New South Wales. Some are difficult to access but the Yarrangobilly Caves in Kosciuszko National Park are operated as a tourist operation.
Others, such as Coleman Plain in Kosciuszko National Park and Wyanbene Cave in the Deua National Park near Braidwood, contain public campsites in the heart of the karst environment. The Snowy Mountains Highway between Tumut and Cooma passes through the karst environment of Yarrangobilly.
Certain items are specifically prescribed as items which a person may not have in their possession when visiting any of these areas. Expressly prohibited items include:
· static safety rope, nylon rope or webbing – used by many people to tie down loads, or as tow-ropes or safety recover devices,
· safety helmets – often carried in vehicles by engineers, construction workers, architects and others who regularly visit sites where head protection is needed,
· ‘line cutting devices’ – which would include knives and scissors, or tools such as pliers, and
· ‘underwater timing devices’ – which would include waterproof watches.
The Australian Speleological Foundation has considered scenarios which would result in people committing offences and being liable to pay fines of up to $3,000:
1. A family on a tourist visit to Jenolan, Wombeyan, Abercrombie or Yarrangobilly Caves who has any of the items previously mentioned,
2. Truck drivers who secure their load with nylon rope or webbing and drive into one of the relevant areas,
3. International tourists visiting the world-famous Jenolan caves who happen to be wearing waterproof watches (even children),
4. Construction worker who takes their family to Jenolan Caves with their helmet in the car;
5. 4WD enthusiasts on a camping trip to Blue Waterholes who have safety tow-ropes in their car, or who have torches to see around their campfire; and
6. Bushwalker carrying torches who camp in the various wilderness karst areas in possession of torches or knives.
There have been no prosecutions for illegal caving under clause 24(1) which have failed. Following a well-publicised incident in 2008, an illegal caver was successfully prosecuted under the predecessor of clause 24(1).
I believe unique equipment should be confiscated; the rest should simply be noted. I will support the disallowance as outlined by the Hon. Catherine Cusack regarding illegal caving and inappropriate equipment.