Intimidation tactics. Take two.

Only last week, we had an article from the ABC about the potential reconciliation between climbers and TO’s regarding the removal of bolts from Millennium and the “opportunity to mend relationships”. We might revisit this (as work has now completed), but things move on quickly, and we’re straight back to Intimidation of climbers and “Climbers are the bad guys”.

The Australian broke the news:

“Covert culture cops drop in for a chilling home visit”.

Article is behind a paywall; but we’ve provided the text below:

Public service investigators armed with rare search, seizure and entry powers are using draconian cultural heritage laws to threaten Victorian rock climbers and others with heavy fines of more than $346,000 per offence.
Victoria’s First Peoples-State Relations unit is covertly using ¬vehicle registrations and other on-the-ground intelligence to decide whether Grampians National Park users should be prosecuted under cultural heritage laws.
A rock climber’s house has twice been visited by a First Peoples unit investigator who works within the Department of Premier and Cabinet, with a direct claim that a vehicle registered in their name has been connected to possible cultural heritage breaches.
Investigator Adam Green claimed that on October 18 the unnamed owner’s vehicle had been identified in multiple alleged offences, which also could potentially be dealt with under the Crimes Act.
This is the most significant move since rock climbing was banned in 2019 in large parts of the Grampians – one of the world’s top locations for the sport’s elite, ¬including free climber and Hollywood star Alex Honnold.
Under the state’s Aboriginal Heritage Act, tangible and intangible cultural heritage is protected, with huge fines for anyone interfering with heritage, even if it is invisible.
Parks Victoria has shut down large swathes of the Grampians from access, including to climbers, walkers and campers, allegedly to protect cultural heritage such as rock art. Much of the rock art is ¬invisible to the naked eye but -experts – and rock climbers – accept there is some significant art worth protecting.
The policy, which involves virtually no transparency over the content of the cultural heritage assessments, has largely killed the global rock-climbing industry in the Grampians.
Mr Green works in the First Peoples-State Relations section of DPC, and the department is ultimately controlled by new Premier Jacinta Allan.
His letter to the climber, who has sought the help of the Australian Climbing Association Victoria, was left after officials twice visited the address.

“I am requesting the name of the person in charge of the above vehicle on specific dates in relations to breaches of the Act,’’ it reads.
“The current maximum penalty exceeds $346,000 for an individual found guilty under section 27 of the Act.’’

Parks Victoria made a series of false or unverifiable claims about rock climbers when it pushed to oust the pursuit from large parts of the Grampians.
This included allegations of vandalism that have never been substantiated, although climbing chalk and bolts are visible in some areas.
ACAV president Mike Tomkins said the Victorian government was now aggressively moving to shut down most of the Grampians to public use.
“It’s pretty horrible it’s happening,’’ he said.
Opposition Aboriginal affairs spokesman Peter Walsh said the legislation lacked the ability for people who are prosecuted to ¬appeal.
“There should be the opportunity to appeal,’’ he said.
The government’s bans on climbing – and many other outdoor pursuits – have bewildered some of the world’s best adventurers, including mountaineer Tim Macartney-Snape.
The closures and restrictions – which also have had a flow-on ¬effect at nearby Mt Arapiles – have been conducted in consultation with multiple local Indigenous groups.
They have also split the climbing community, although there is broad agreement that visible art should be protected.
Much of the Grampians art has disappeared due to weathering and bushfires, but special X-ray glasses have been used to detect some drawings. Cultural heritage also includes areas where stone tools may have been made or middens, which can contain shells, were located, or gum trees used to create canoes.
Mr Green says in his letter: “General enquiries are being undertaken to investigate potential breaches, and with this in mind I would like to take this opportunity to request a conversation or email address to communicate with you to determine who may be responsible for a vehicle registered to you on specific dates.

“This vehicle had been identified in multiple alleged offences and is now involved in our investigation,” the letter reads.

It is unclear whether officials have been conducting aerial searches of the Grampians, which is 170,000 hectares, about 250km northwest of Melbourne and one of the state’s key attractions.
Aerial searches would enable investigators to determine where climbers are in what can be dense bush locations.
Mr Green describes himself as an authorised officer or investigator and part of DPC’s First Peoples-State Relations division.
Authorised officers and Aboriginal heritage officers assess compliance with Cultural Heritage Management Plans and Cultural Heritage Permits.
“They also investigate reports of harm to Aboriginal cultural heritage, and help government and land users to avoid impacts to Aboriginal places and objects,’’ the government says.
Climbers are still waiting to see what long-term bans will be imposed at Mt Arapiles, which is near Horsham about 90km from the northern Grampians and is also considered a globally significant rock climbing destination.
The Victorian government was contacted for comment.


And Sky News (gotta love em) promptly followed up:

https://www.skynews.com.au/australia-news/victoria-handed-powers-to-ensure-rock-climbers-at-grampians-national-park-abide-by-aboriginal-cultural-heritage-laws…

And with a video…. (click to visit the video page):

Sky Video (Click image to play)

Also worthwhile is an interview (now on YouTube) with MP David Limbrick, and ACAV President Mike Tomkins:

And on radio, with Neil Mitchell:

Also on Radio (ABC Ballarat with Steve Martin, interview with ACAV Pres Mike Tompkins starting at 2h 21m: https://www.abc.net.au/listen/programs/ballarat-breakfast/breakfast/102994848


There was of course a flurry of social media… and really we don’t have much information to add; except to point out a few things. Thanks to Marion Yates, who has read the provisions in the Aboriginal Heritage Act – Enforcement Section, and was happy to share this information:

They (Enforcement Officers) would want to have legally demonstrable grounds to access personal address information (of potentially only third parties to an offence), and to attend someone’s private residence.

Any demand for information or attendance at a private premises by Authorised Officers for purposes of attaining information – is strictly regulated by the AHA (Vic).

Authorised Officers are required:

  • To provide identification themselves showing their name and position
  • Provide details of the alleged specific offences
  • Provide grounds for suspecting offences have actually been committed AND the reasonableness of those grounds
  • Provide grounds for suspecting the person they’re questioning has information relating to the offences (even if they haven’t committed them) AND the ‘reasonsonbleness’ of those grounds.

The letter sent to the individual here does not meet those requirements.

Pertinent text from the provisions of the Act (links below):
S. 180(4)
“When requiring a person to give the information… the authorised officer or Aboriginal heritage officer must— inform the person of the grounds for the authorised officer’s or Aboriginal heritage officer’s suspicion in sufficient detail to allow the person to understand the nature of the offence or suspected offence;”

S. 181(4)
“At the time of requiring a person to do something under subsection (1), an authorised officer or Aboriginal heritage officer must advise the person that—it is a reasonable excuse for the person to refuse or fail to give information or produce any document or do any other thing that the person is required to do under this section if the giving of the information or document or the doing of the thing would tend to incriminate the person.”

Sources: http://www5.austlii.edu.au/au/legis/vic/consol_act/aha2006164/s180.html
http://www5.austlii.edu.au/au/legis/vic/consol_act/aha2006164/s181.html


We are not sure of the final outcome – if indeed there is one. We are also not defending the actions of the individual concerned (as of course we don’t know what they are).

oh -and the Herald Sun also chimed in…

Has some quotes from our new Premier – which is important because it confirms yet again where public opinion is at. That is: Climbers are causing damage to cultural sites, and these must be protected by removing climbers, so that other park users can enjoy the natural beauty. Oh please.

“The natural beauty that attracts so many of us to that beautiful part of the world also needs to be protected and supported and that is why there are certain areas that need to be protected from an environmental perspective or from Aboriginal cultural heritage perspective,” she said.

“Jacinta Allan backed the controversial bans, saying it was important to protect certain areas deemed culturally significant.
But on Thursday the Premier said there were no plans to keep rock climbers out altogether, and saying she had “no advice” a total ban was being pursued.
Ms Allan said the wide-spread bans, covering 500sq km, including large swathes of prime rock climbing wall, were necessary to protect Indigenous cultural sites”.

Link here (subscribers)


CVAC Update

Finally, it’s timely (or perhaps untimely) to share the CVAC communication (out yesterday) around “Where to climb at Gariwerd”.


We do know there’s been a large increase in many designated climbing areas that are seeing an increase in visitation. Esp around Hollow Mountain and the Stapylton Amphitheatre, but also Halls Gap areas. Also that climbers generally wish to avoid Cultural Heritage and certainly do not wish to cause any harm.

Of course even these kinds of words are not welcome – as harm is not defined by climbers and nothing less than a complete capitulation and apology for climbing behavior is acceptable.

But most climbers ARE trying to do the right thing, even if not posting about it all over the socials.

2 thoughts on “Intimidation tactics. Take two.”

  1. Ah yes, those demon climbers that cause so much havoc in Gariwerd. Shackle them in chains and parade them naked through the streets of Natimuk to make an example of them and their evil ways – they simply must be abolished at any cost! Go f*ck yourselves Parks Vic.

    Like

Comments are closed.