NSW National Parks prohibition on hang-gliding and paragliding

• Since the National Parks and Wildlife Regulation 2002, flight in NSW parks (including all Aboriginal areas) is banned. extract:-

21 Sporting, recreational and other activities

(1) A person must not in a park:

(d) engage in any activity or recreational pursuit that involves risking the safety of the person or the safety of other persons or damaging the environment.

(2) Without limiting the generality of subclause (1) (d), the activities and recreational pursuits to which that paragraph applies include abseiling, base jumping, bungy jumping, rock climbing, caving, parachuting, white water boating, paragliding, parasailing and hang gliding.

 

(Since 2002, most (all?) park applications for consent to fly have been rejected, and numerous existing sites have be closed down and access denied.)

(note that sections 22e & f of this regulation are marked "(Repealed)": fisherman/hunters appear to have lobbied to overturn a ban relating to their sport).

• This regulation is made under the National Parks and Wildlife Act 1974.

(22 sections of this act have been "(Repealed)" since 1974)

• Regulations are "Statutory Rules" governed by "Subordinate Legislation", which are automatically repealed periodically to undergo official review by a Legislation Review Committee. The above regulation repeals on 1st September 2008.

• Statutory Rules are "required" to comply with "guidelines", must include official impact statements, and have numerous checks and balances to make sure they're done properly.

Requirements relating to paragliding include:

• All rules need clearly formulated, reasonable, appropriate, objectives and reasons drafted in the spirit and intent of the enabling Act, and not inconsistent with other law or stated government policies.

• The Act's intent relating to us includes at least:

• pt.1-sec 2A #1 (c) - "fostering public appreciation, understanding and enjoyment of nature"...
• pt.1-sec 2A #1 (b)ii - "the conservation of" ... "places of social value to the people of New South Wales"
• pt.12-sec.151b responsability for accomodating sport

• If the HGFA has, or can obtain, any "stated government policies" to support hang-gliding or paragliding or sport in general, this would block any future proposed ban from passing the "compliance" and "legal" processes of the, Legislation Review Committee, the Governer, and the Minister.

• Consideration of alternative options, including the option not to make the rule at all
• Evaluation of costs and benefits.
• Administrative decisions should be based on adequate information and consultation concerning the need for and consequences of the proposed action.

• I doubt they did this when they included "paragliding and hang-gliding" in the ban.

• Rules should not be made unless community benefits outweigh costs, bearing in mind the impact on "interest groups" (us), and public+consumers+industry+commerce.
• "The alternative option that involves the greatest net benefit or the least net cost to the community should normally be chosen from the range of alternative options available to achieve the objectives."

• Total prohibition, excepting "consents" (the current situation), does not benefit us, and costs a huge amount of money, time, and effort in the application process - which (to date) is always denied anyway.

• A statutory rule must be expressed plainly and unambiguously

• A complete ban on everything whatsoever that "risks safety" or "damages the environment" is, IMHO, not plain and totally ambiguous. Is treading on a blade of grass "damage to the environment"? Is standing in the sun a "safety risk" (1000 Aussies are diagnosed with Cancer every day)?

• Before making a rule, ...

• the Minister is "required to ensure" that a notice is published in any "Soaring Australia" (a relevant "public interest publication"), stating objectives, showing where/how to inspect the rules, and inviting comments and submissions.
• Consultation is to take place with relevant interest groups
• Submissions are to be appropriately considered

• New legislation from the "Department of Environment and Climate Change" will replace these regulations in 2008, and will go on display for comments and submissions in March/April 2008, here:

http://www3.environment.nsw.gov.au/npws.nsf/Content/dec_public_consultation

• NPWS have a hang-gliding policy for issuing consents. I don't think any new ones have ever been granted.

• Past Defiance occurred by rock climbers, but too late to make a difference.

• Assuming the HGFA was not consulted (the Rock climbers were not consulted - so it seems unliley that the HGFA would have been) and/or the ban on flying was put in place without appropriate legal care and consideration - I am not sure at this moment what the procedure would be to complain or have the ban repealed, but I would guess the best course of action would be to bring this gross oversight and misuse of power to the attention of as many people involved in drafting the new legislation as possible, to encourage them to do it properly next time.

• Our HGFA insurance more than likley reads "This Policy does not apply Whilst the Aircraft is being used for any illegal purpose". Should a pilot ever stray anyplace in a park that's not under a consent, or do anything that's not consented, or anything else "risking the safety of the person or the safety of other persons or damaging the environment", Vero are perfectly within their rights to deny any insurance claim.

Here is the complete ban wording:

21   Sporting, recreational and other activities
 
 (1)  A person must not in a park:
  (a)  conduct or take part in any sporting activity that forms part
       of an organised competition or tournament, or
  (b)  organise, attend or participate in any concert, public
       meeting, function, demonstration or gathering involving more
       than 40 persons or such other number of persons as is stated
       in a plan of management for the park, or stated in a notice
       erected in the park or given to a park user, whichever is the
       lesser, or    
  (c)  organise, attend or participate in any group activity
       involving more than 40 persons, or such other number of
       persons as is stated in a plan of management for the park, or
       stated in a notice erected in the park or given to a park
       user, whichever is the lesser, any manoeuvre whether of a
       military, naval, aerial nature or otherwise, any course of
       training or any similar activity, or
  (d)  engage in any activity or recreational pursuit that involves
       risking the safety of the person or the safety of other
       persons or damaging the environment.
 Maximum penalty: 30 penalty units.
 
 (2)  Without limiting the generality of subclause (1) (d), the
      activities and recreational pursuits to which that paragraph
      applies include abseiling, base jumping, bungy jumping, rock
      climbing, caving, parachuting, white water boating,
      paragliding, parasailing and hang gliding.
 
 (3)  A person does not commit an offence under this clause:
  (a)  for anything done or omitted to be done with the consent of a
       park authority and in accordance with any conditions to which
       the consent is subject, or 
  (b)  if a plan of management for a park makes provision for the
       undertaking of an activity in the park, the person undertakes
       the activity in the park in accordance with the plan of
       management, or  
  (c)  if there is no plan of management for a park, the person
       undertakes an activity in a park in accordance with a notice
       erected in the park or given to the person which permits the
       undertaking of the activity in the park.
 (4)  Despite subclause (3) (b), a person must not undertake an
      activity in a park if a notice erected in the park or given to
      the person prohibits the undertaking of the activity in the
      park or any part of the park.  
 Maximum penalty: 30 penalty units.

Here is how I would like to see it amended -

1. remove "paragliding" and "hang gliding" from section 2
2. insert clause 3d - "If the activity or recreational pursuit of subclause (1) (d) is not specifically prohibited by a sign erected in the park, and is a flying sport administered by the Hang Gliding Federation of Australia (HGFA), and the pilot is an HGFA registered member and adheres to HGFA rules and regulations, including mandatory qualifications, insurance, equipment maintenance, locations and ceiling height."

21   Sporting, recreational and other activities
 
 (1)  A person must not in a park:
  (a)  conduct or take part in any sporting activity that forms part
       of an organised competition or tournament, or
  (b)  organise, attend or participate in any concert, public
       meeting, function, demonstration or gathering involving more
       than 40 persons or such other number of persons as is stated
       in a plan of management for the park, or stated in a notice
       erected in the park or given to a park user, whichever is the
       lesser, or    
  (c)  organise, attend or participate in any group activity
       involving more than 40 persons, or such other number of
       persons as is stated in a plan of management for the park, or
       stated in a notice erected in the park or given to a park
       user, whichever is the lesser, any manoeuvre whether of a
       military, naval, aerial nature or otherwise, any course of
       training or any similar activity, or
  (d)  engage in any activity or recreational pursuit that involves
       risking the safety of the person or the safety of other
       persons or damaging the environment.
 Maximum penalty: 30 penalty units.
 
 (2)  Without limiting the generality of subclause (1) (d), the
      activities and recreational pursuits to which that paragraph
      applies include abseiling, base jumping, bungy jumping, rock
      climbing, caving, parachuting, white water boating, and
      parasailing.
 
 (3)  A person does not commit an offence under this clause:
  (a)  for anything done or omitted to be done with the consent of a
       park authority and in accordance with any conditions to which
       the consent is subject, or 
  (b)  if a plan of management for a park makes provision for the
       undertaking of an activity in the park, the person undertakes
       the activity in the park in accordance with the plan of
       management, or  
  (c)  if there is no plan of management for a park, the person
       undertakes an activity in a park in accordance with a notice
       erected in the park or given to the person which permits the
       undertaking of the activity in the park.
  (d)  If the activity or recreational pursuit of subclause (1) (d)
       is not specifically prohibited by a sign erected in the park,
       and is a flying sport administered by the Hang Gliding
       Federation of Australia (HGFA), and the pilot is an HGFA
       registered member and adheres to HGFA rules and regulations,
       including mandatory qualifications, insurance, equipment
       maintenance, locations and ceiling height.
 (4)  Despite subclause (3) (b), a person must not undertake an
      activity in a park if a notice erected in the park or given to
      the person prohibits the undertaking of the activity in the
      park or any part of the park.  
 Maximum penalty: 30 penalty units.

• Here's a list of other clubs who may be affected similar to us, and may wish to make their own separate submissions.