Monga State Conservation Area Draft Plan of Management open to comment

[user 794]

Well, another update.

I have had a few interactions now with the NPWS including a phone call from them to explain the fossicking policy and the SCA plan of management. I had mentioned previously to them and during the recent interactions that all I wanted was an answer to one question ie how does metal detecting in this particular SCA pose a risk to water quality. The NPWS people I wrote with and spoke to were professional, friendly and prompt in their responses. However, the question remains unanswered.

I sent a final email to the NPWS officer I had been liaising with suggesting a last attempt to respond to me is needed to avoid an escalation of the issue. No contact at all for the last 3 weeks or so.

I've now re-written to the Minister with copies to the local member where the SCA is situated and also to the opposition's shadow minister.

I'll let you know how all that fares.

 

[user 794]

I got a response from James Griffin MP, Parliamentary Secretary for the Environment and Veterans on behalf of Minister Kean and John Barilaro the local member (as well as Dep Premier).

The response neglected to answer my question which I quote here " Specifically, How does metal detecting in the Monga SCA pose a risk to water quality in the drinking water catchment? "

So I sent another email, very short but still polite, and only asked that one question.

But now I also have another option as I was running out of them.

Another 3 months for a response I suppose.

I have yet to hear from the Opposition.

 

[user 794]

In an effort to "speed" things up I've also lodged an application under the GIP Act (used to be freedom of information) and written to the parliamentary secretariat that monitored implementation of the Legislative Council Inquiry recommendations that gave rise to the Fossicking in Parks Policy.

 

[user 794]

While away from home (detecting in Tib) I got a response from the NPWS (neither Minister Kean nor Parl Sec Griffin responded to the last approach which was one simple question).

I'll post that response up shortly. I've been talking with NAPFA and want to conclude that before posting. The full loop of Ministerial representations has been completed as now I'm back with the people who I spoke with in the first place.

The GIP application was accepted and is now in progress.

My approach to the Parliamentary Cttee was passed on to 3 other Committees that have replaced the one that started the Fossicking in Parks Policy process. I will also pass the NPWS response onto those Committees once I get the GIP papers in too.

 

[user 794]

Here is an extract from the response by the NPWS on how MDing impacts on Sydney's water quality.

"Fossicking, as a result of metal detecting, may disturb rocks and soils which may mobilise sediments and increase soil erosion in watercourses. This can negatively impact on the water quality in the Sydney drinking water catchment through water siltation or sedimentation, water turbidity, flooding and pollution through the increase in nutrient levels.

The NPWS Fossicking Policy defines detecting as the use of electronic hand-held metal detectors and the small-scale excavation of the ground (to a depth of 0.5 metres) to locate minerals. The Mining Regulation 2016 (clause 12) states that a person fossicking must not disturb more than 1 cubic metre of any soil, rock or other material during any single period of 48 hours.

Over time, the cumulative effect of soil disturbance associated with fossicking activities could pose risks to water quality."

I've passed onto NAPFA the relevant papers I obtained in the GIPAA process.

I'm done for now.

 

[user 794]

I couldn't leave it at that.

Within a week of the post of 11 October I contacted all 3 Parliamentary committees and WaterNSW (now twice) but no one has responded.

 

[user 794]

After leaving 2 enquiries on the automated system and with no response, today, I have put in a request for information from WaterNSW under the GIPA Act (freedom of information in old parlance). They are now obliged by law to respond albeit not the specific area that should have contacted me.

Why WaterNSW? - because NPWS placed a lot of emphasis on them in refusing metal detectoring in Monga SCA.

 

[user 794]

Ok

I got my papers from Water NSW under the GIPAA.

I wasn't the first individual to question NPWS's assertion prohibiting fossicking, inter alia, because of the NSW water catchment issue.

Here are four statements - not all fully quoted but close - and certainly within the intent of the 3 people making the statements.

1. "Clause 12 of the SEPP requires public authorities to consider NorBE for Part 5 activities. But that doesn't mean fossicking is prohibited."

2. "I'm not sure how they are drawing a nexus between a Part 5 NorBE consideration and the prohibition of fossicking. ...""The plan suggests that as a public authority NPWS must consider NorBE before we conduct or consent to an activity (YES) and by implication that fossicking does not have a neutral or beneficial impact on water quality.""

Note: "they" refers to NPWS and the emphases added ie "(YES)" and "by implication" were part of the document I obtained.

3. "... as we recently input to the PoM that should protect the catchment as per Act and Reg - nothing about specific activities like fossicking which would be permitted or not in lin (sic) with Ministers (sic) approved PoM for the SCA."

The latter statement is in relation to another person's approach to WaterNSW. They were going to refer the enquirer back to the NPWS as it was 4. "... as essentially the issue related to the NPWS PoM permitted activities not out (sic) regulatory role."

There goes a large part of the plank NPWS used against my approaches to tell me how metal detecting affects Sydney's water quality. There is also a question of dates as to these statements and my approaches on the issue.

I think my next steps are threefold (eventually - got other things to do and I need to plan these steps):

1. pass info onto NAPFA
2. write to the Chief Exec or whoever of WaterNSW telling them how NPWS has been using their relatively benign input to the PoM as a stalwart of their prohibition of fossicking in relation to the Monga SCA, and
3. write to the head of the NPWS, not the Minister, to advise of what has been going on. I may use this letter to advise that person also of my writing to the Parliamentary Committees with my views on how the NPWS has actioned the accepted responses to the Government report.

 

[user 794]

My final posting on this issue.

I have now posted letters to WaterNSW, the Dept of Planning Industry and Environment, Environment Energy and Science and Portfolio Committees 1 and 7. All along the lines in my previous post.

Copies of all have gone to NAPFA.

Sigh