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Men fined for driving quad bikes on closed Arthur-Pieman tracks claim the area is 'part of us'
By Henry Zwartz
Updated about 2 hours ago
Peter Wells and Kevin Heres
Photo: Wells and Heres say they both identified as Aboriginal. (ABC News: Henry Zwartz)
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Two men from Tasmania's west coast have been fined after riding all-terrain vehicles on closed four-wheel-drive tracks on a reserve known for its sensitive Aboriginal sites.
In April last year, Peter Wells and Stafford Heres were filmed riding quad bikes in the Arthur-Pieman Conservation Area on Tasmania's west coast.
The section of tracks was closed in 2012 to protect those Aboriginal sites but the State Government has been trying to reopen the tracks since that 2012 decision.
Both the Wilderness Society and the Tasmanian Aboriginal Centre have been opposed to the plan to reopen tracks in the area.
The two had initially pleaded not guilty to three charges of driving a vehicle on reserved land.
But in Burnie Magistrates Court today, they amended the plea to guilty on one count on the condition the other two were dismissed.
Heres was fined $600 plus court costs of $82 while Wells was fined $326 plus court costs.
The maximum penalty for the offence is $3,260.
The two admitted they knew they had been breaking the law.
"We've probably bent the rule one too many times," Wells said.
Magistrate Andrew McKee noted Heres had been caught just four days after being sentenced on a similar charge, for which he had been fined $1,300.
"Will you now intend on being compliant with the law you were not compliant last time?", Magistrate McKee asked.
"Yes," replied Heres.
"It's clear to me you hold this area dear but the area was closed whether you agree with it or not," the magistrate said.
Heres told the court that both he and Wells identified as Indigenous.
"We've been going to the area for 40 years", said.
"We see ourselves as caretakers of the land. We don't go down there for destruction it's part of us.
"There's been a lot of rules and regulations set by people who aren't in the area."
'They should have had the book thrown at them'
Tasmanian Aboriginal Centre (TAC) representative and Greens candidate for Braddon Jarrod Edwards, who was in court today, said he was furious.
Mr Edwards said Heres was a repeat offender.
"They should have actually thrown the book at him and given him the maximum penalty," Mr Edwards said.
"He [Heres] was fined previously a greater amount than he received today, which I think is disgracefully unfair."
Mr Edwards said he had been involved in preserving the coastal region's landscape for 20 years.
"All my adult working life, I've been involved in protecting and preserving the cultural legacy of that landscape," he said.
Conservationist Bob Brown said he was outraged by what he described as a "token" punishment.
He said the fines were less than 20 per cent of the penalty available to the court.
"Light fines for two men convicted today of illegally driving through the Tarkine coast's National Heritage Area underscore a shocking disregard for the Tasmanian Aboriginal people's cultural heritage," he said.
In a statement, the Tasmanian Government said it welcomed the prosecution.
"The Tasmanian Government is committed to allowing lawful recreational access to certain areas, provided the necessary Commonwealth approvals are obtained," a government spokesman said.
"In no way do we condone the illegal use of these tracks, or damage to Aboriginal cultural heritage."
Aboriginal groups at odds over track access
A Wilderness Society member, who witnessed Wells and Heres driving on the closed tracks, said their actions were "horrific".
"We were there at the time this incident happened, and watched it unfold alongside the Tasmanian Aboriginal people we were with, and it was horrific," Tom Allen said.
"Deliberately driving over Aboriginal heritage in World-Heritage grade landscapes should not be tolerated."
Mr Allen said the State Government was a "sponsor" for the illegal activity.
"The worst offender remains Premier Will Hodgman, who wants to reopen these tracks," he said.
The Liberal Party went to the 2014 election with a vow to reopen the tracks but has failed to do so after the Tasmanian Aboriginal Centre took the matter to the Federal Court.
But the local Circular Head Aboriginal Corporation has sided with the Government, arguing for the tracks to be reopened.
A spokesperson said the Government welcomed the punishment of Wells and Heres, saying it does not condone defying the access ban.
"The Tasmanian Government is committed to allowing lawful recreational access to certain areas, provided the necessary Commonwealth approvals are obtained," they said.
"In no way do we condone the illegal use of these tracks, or damage to Aboriginal cultural heritage."
Topics: courts-and-trials, community-and-society, aboriginal, burnie-7320, tas
First posted about 4 hours ago
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http://www.abc.net.au/news/2018-07-...riding-atvs-in-arthur-pieman-reserve/10025622
http://www.abc.net.au/news/justin/ 3/4 down page.
And we must let NAPFA and others take care of it.... 
