National Parks Advisory Council€¦ · 4 NATIONAL PARKS ADVISORY COUNCIL ANNUAL REPORT 2019 The...
Transcript of National Parks Advisory Council€¦ · 4 NATIONAL PARKS ADVISORY COUNCIL ANNUAL REPORT 2019 The...
National Parks
Advisory CouncilA N N U A L R E P O R T 2 0 1 9
Published by
the Victorian Government Department of Environment, Land, Water and Planning
Melbourne, September 2019
© The State of Victoria Department of Environment, Land, Water and Planning 2019
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Front cover: Twelve Apostles, Port Campbell. Images courtesy of Parks Victoria
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CONTENTS
Foreword 2
The Council 4
Statutory responsibilities 4
The Act 4
The parks system 4
Membership 4
Current members 5
Council activities 7
Program 7
Council meetings 7
Advice to the Minister 7
Corporate governance 10
Field visits 10
Attendance at forums 14
Presentations to Council 14
Administration 15
Expenditure 15
Protected Disclosure Act 2012 15
Freedom of Information Act 1982 17
Information and Communications
Technology (ICT) 17
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Foreword
It is with pleasure that we provide the Annual Report
of the National Parks Advisory Council to the Minister,
the Hon Lily D’Ambrosio MP, Minister for Energy,
Environment and Climate Change.
The Council met four times in 2018–19 and
participated in three field trips, namely, to:
• Kooyoora State Park in August 2018, to be informed
of progress in the Joint Management of five parks
and one reserve by the Dja Dja Wurrung clan and to
view the Kooyoora State Park first-hand
• Port Campbell National Park in March 2019 to
conduct site visits relating to several proposals
being put to NPAC for advice to the Minister, and to
learn of progress in relation to the Shipwreck Coast
Master Plan and upgrade projects in the Great
Otway National Park, and the development of the
proposed Great Ocean Road Authority
• The Western Grassland Reserves in May 2019 to
gain an understanding of the lands to be protected
and the potential strategies to manage this
important and complex ecosystem.
During 2018–19, the Council formally advised the
Minister on six matters for which advice was required
under the National Parks Act 1975 (the Act) in
accordance with sections 11(1)(a), 19G and 40.
• With respect to a new lease to Ski Club of East
Gippsland Inc at Johnson’s Hut, Bogong High
Plains, Council supported the proposed new
lease noting its consistency with the requirements
of Section 19G of the Act. Amongst a number
of factors, Council noted that the proposed
arrangement assists Parks Victoria in meeting a
number of objectives identified in the Greater Alpine
National Parks Management Plan
• Council supported the granting of a new short-term
lease to G & C Campbell over the Grants Kiosk
and Tearooms in the Dandenong Ranges National
Park. Council supported the determination that bird
feeding will not be permitted under any future long-
term lease arrangements
• Council supported a 21-year lease proposal
pursuant to s19G of the Act to Holdsworth Haulage
Pty Ltd over the Princess Margaret Rose Caves and
campground complex in Lower Glenelg National
Park. In endorsing the proposal, Council noted the
actions Parks Victoria had taken to support direct
negotiation, the proposed regularity of consultations
with the Gunditjmara peoples and lease conditions
pertaining to agreed investments at the facility
• In respect to Beach Energy Limited’s application for
consent to undertake petroleum operations within
Port Campbell National Park, Council recommended
that the Minister grant consent under s40 of the Act.
Council noted a number of factors for consideration
in minimising the impact on visitor amenity and
wildlife in the park
• Council recommended to the Minister that consent
under s40(1) and 40(3) of the Act and s77A(1) of
the Mineral Resources (Sustainable Development) Act 1990 not be granted to LV Blue Metal Pty Ltd
to search for stone in Tyers Park. In its advice to
the Minister, Council noted, amongst others, that
identified alternative resources in the vicinity exist, it
did not regard the proposed activity as a compatible
land use and it did not wish to create a precedent for
quarrying/mining in parks that might be established if
consent for exploration were allowed
• Council supported a proposed lease to Tourism Great
Ocean Road Pty Ltd for the Cape Otway Lighthouse,
located within the Great Otway National Park. Council
noted the appropriateness of the three-year short-
term lease given that longer term decisions about the
site will be an issue for consideration by the proposed
Great Ocean Road Authority and/or the Eastern Maar
Aboriginal Corporation.
The Convenor held several meetings with the Minister
to discuss these legislative issues along with matters
relating to the management of parks, and other issues
being discussed, and decisions reached, at Council
meetings.
During the year, Council also received informative
briefings and had discussions on a range of matters to
support its work.
Council continues to take a particular interest in the
impact of tourism in parks, its positive role in the state
and regional economies, as well as the need to manage
Parks consistent with the Act.
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Council also maintains a strong interest in the
development and progress of Joint Management
Plans and joint management activities with Traditional
Owner groups across the state.
In relation to the proposed Great Ocean Road
Authority, and the prospect of changed governance
arrangements along the Great Ocean Road with
respect to Crown Land management, including parks
under the Act, Council has reinforced the principle
that existing national park assets in Victoria should
be managed by the agency best equipped to do this,
that is, Parks Victoria. Parks Victoria’s expertise in the
management of cultural, natural and other assets,
and its capability with respect to managing, amongst
other things, fire and tourism in national parks, and
relationships with neighbours suggests there should
be no change to existing governance with respect to
national parks along the Great Ocean Road.
Council considered the draft Victorian Deer
Management Strategy (VDMS), which was subject
to public consultation. Through the present Council’s
interactions with Parks Victoria, and the Council’s
collective knowledge of current land management
issues across Victorian landscapes, Council is
highly aware that a rapid increase in the range
and abundance of deer populations is a significant
issue for the ecological integrity of parks, and the
experience of park users and the broader community.
Therefore, Council is most supportive of Department
of Environment, Land, Water and Planning progressing
a statewide strategy for the management of deer in
Victoria that takes decisive action on the control and
reduction of deer numbers in Victoria.
Council believes the Strategy should address Parks
Victoria’s obligations under the Act, to ‘ensure that
each national park and State park is controlled and
managed, in accordance with the objects of this
Act, in a manner that will: (i) preserve and protect the
park in its natural condition for the use, enjoyment
and education of the public; (ii) preserve and protect
indigenous flora and fauna in the park; (and) (iii)
exterminate or control exotic fauna in the park’.
In addition to respectful partnerships with hunters,
NPAC is supportive of the State Government providing
strong leadership by increasing funding towards deer
control and mitigation, particularly in national parks
to protect the economic, environmental, cultural and
social values of parks to all Victorians. The Strategy
rightfully identifies that there will be benefits of aligning
deer control programs where the control of other
herbivores is occurring – noting that Parks Victoria is
also actively controlling goats, pigs and feral horses on
their estate.
A successful Strategy will balance the economic benefit
of recreational deer hunting in Victoria (‘$142 million per
year’, VDMS, p. 10), with the economic benefit of park
tourism, currently estimated by Parks Victoria at $1.4
billion and 14,000 jobs (reference: https://parkweb.vic.
gov.au/about-us/valuing-victorias-parks).
To this point, NPAC would welcome the Strategy
addressing the considerable economic burden caused
by an escalating deer population in Victoria, including
the burden of managing increasing water quality
and erosion issues, vegetation impacts, biodiversity
impacts and road incidents.
Council was well supported in its work by the
Department of Environment, Land, Water and Planning
and Parks Victoria and has benefited from the
participation as observers and contributers at NPAC
meetings of the respective representatives of the
department (Ms Sarah Crute) and Parks Victoria (Mr
Matthew Jackson).
My thanks to members of the Council who have
contributed to Council’s deliberations and fulfilled their
role, and to Executive Officer, Sylvie Bideau, for her
continued support.
Doug Humann AM
Convenor
31 August 2019
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The Council
The National Parks Advisory Council (Council) is
established under section 10 of the National Parks Act 1975 (the Act). In 2018–19, the responsible Minister
was the Hon Lily D’Ambrosio MP, Minister for Energy,
Environment and Climate Change.
Statutory responsibilities
Under section 11 of the Act, the functions of the
Council are to:
• advise the Minister generally in relation to the
administration of the Act and on particular matters in
relation to that administration on which its advice is
sought by the Minister
• advise the Minister on any proposed excision from a
park referred to it by the Minister
• submit to the Minister within three months after each
year ending on 30 June a report on the performance
of its functions during that year.
In addition to these functions, the Minister is required
to seek advice from the Council in relation to the
granting of:
• certain leases within parks, under sections 19G,
30AAA, 30AAAC, 31AA, 31AABB, 32CA and 32CC
of the Act
• consents in relation to various earth resources
tenements and operations within parks, under
section 40(3) of the Act.
The Act
The Act governs the protection, use and management
of Victoria’s parks system. It provides a strong
framework for ensuring that the uses and management
of the parks are compatible with the long-term
maintenance of their natural and cultural values.
Up until 12 September 2018, the Secretary to the
Department of Environment, Land, Water and Planning
was responsible under the Act for ensuring the
appropriate management of parks in accordance with
the Act. Parks Victoria (PV), established under the
Parks Victoria Act 1998, managed the parks under
a management agreement with the Secretary. On 12
September 2018, as a result of the Parks Victoria Act
and the re-establishment of PV as a strengthened and
more independent park management agency, PV took
over the responsibilities of the Secretary under the Act.
The parks system
As at 30 June 2019, there were 139 parks and
reserves, with a total area of approximately 3.46 million
hectares managed under various provisions of the
Act. These areas comprised 45 national parks, three
wilderness parks, 26 state parks, 13 marine national
parks, 11 marine sanctuaries, 11 marine and/or coastal
parks or reserves, 15 other parks and reserves, and
15 non-scheduled areas. In addition, there were
19 wilderness zones and 22 remote and natural areas
within 13 national parks, and four designated water
supply catchment areas within three national parks.
Membership
Council consists of eight members with specific skills
and experience, appointed by the Governor in Council:
• two people with skills or experience relating to the
preservation and the protection of parks
• one who is a professor or teacher of ecology at
a university in Victoria
• one with experience in local government who
resides in a municipality in which there is a park
• four (at least two of whom reside outside of the
metropolitan area) with experience with matters
affecting the interests of the community.
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Current members
The members of the Council on 30 June 2019 were:
Mr Douglas Humann AM (Convenor)
BA (Hons), Dip Ed
Mr Humann has almost 40 years of leadership
experience in the non-government sector across
Australia, working principally with environmental
NGOs, as well as Indigenous groups and natural
resource management authorities. Mr Humann is the
current Chairman of Landcare Australia and Deputy
Chair of Dhelkunya Dja Land Management Board.
He was CEO of Bush Heritage Australia (1997–2011)
and led the Victorian National Parks Association
(1990–97). Mr Humann runs his own consultancy and
is a graduate of the Australian Institute of Company
Directors.
Mr Adam McLean (Member)
Mr McLean has been a practising lawyer for over
25 years – 15 years as a barrister. Mr McLean
specialises in native title and land rights, industrial
relations, and board governance and has also advised
many traditional owner groups in their negotiations
for Aboriginal owned and co-managed national parks
and reserves in Victoria, NSW and Queensland. Before
law, Mr McLean gained an honours degree in zoology
and during completion of his honours thesis surveyed
Point Nepean Army Reserve. Mr McLean was raised in
the Mornington Peninsula and has a keen interest
in conservation, parks and reserves.
Mr Michael Fendley (Member)
Mr Fendley lives on a small farm near Dunkeld
in western Victoria. He has a life-long interest in
Victoria’s parks and environment, studying ecology
and environmental planning at university before
becoming one of the first environment officers for Local
Government in Australia. He was Conservation Manager
for Birds Australia (now Birdlife Australia), member of
seven threatened-species recovery teams, CEO of
the Victorian National Parks Association during the
creation of the Marine and Box-Ironbark parks systems,
Manager of the Green Steps Program at Monash
University and Manager Sustainability Programs for
DSE (now DELWP) in Barwon- South West.
Ms Anna Foley (Member)
Ms Foley is an experienced environmental advisor
with a background in ecology, statutory planning,
heritage, and community engagement. She is the
Regional Operations Manager at Trust for Nature,
overseeing a protected area network of more than
100,000 hectares. Prior to this role, Ms Foley was
the Conservation Manager at the National Trust of
Australia (Victoria), regularly appearing at Planning
Panels and VCAT to advocate for natural and cultural
heritage protection. Ms Foley is an alternate member
of the Heritage Council of Victoria and a member of
the Reference Areas Advisory Committee, as well as
volunteering for the National Trust.
Ms Judy Dixon (Member)
Ms Dixon is a rural resident and Director of JADE
Comm, a business which specialises in delivery
of tourism and communication services; its client
base includes local government and small business.
Ms Dixon has extensive experience working in the
local government sector across communications,
tourism, economic development and organisational
development. Her focus is on partnerships and
initiatives that strategically contribute toward
destination sustainability. Ms Dixon is a former
member of the Alpine Resorts Coordinating Council
and the Mt Buller and Mt Stirling Alpine Resort
Management Board and past President of Mansfield
Secondary College. Her interests include horse riding
and snow skiing.
Dr Mary-Jane Rogers (Member)
Dr Rogers is a rural resident with experience in
matters affecting the interests of the community and
an active member of the Shepparton/ Goulburn Valley
community. She is involved in a range of community
groups, including in the areas of the environment and
community use of parks. Dr Rogers is a part-time
research scientist with Agriculture Victoria (Department
of Jobs, Precincts and Regions) and has a strong
scientific background in plant biology and physiology
and in science quality and delivery. She brings to the
council many years of experience in natural resource
management issues and their effects on the rural
community. Dr Rogers was previously a member of
NPAC from 2010–13.
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Associate Professor Ursula de Jong (Member)
Dr de Jong is Associate Professor in the School
of Architecture and Built Environment, at Deakin
University, Geelong. She is Director of GEDI –
Gender, Equity, Diversity and Inclusion in the School.
She is an architectural historian and a researcher of
place. Dr de Jong was lead investigator on the recently
completed Australia Research Council Sea Change
Linkage Grant (2011–2016), which considered the
impact of change on the coastal communities of
Sorrento and Queenscliff in Victoria. Dr de Jong is
Deputy Chair of the National Trust of Australia (Victoria),
a member of the National Liturgical Architecture and
Art Council (NLAAC) and President of the Nepean
Conservation Group, which has cared for the local
environment since 1973 and oversees 19 local Friends’
Groups on the tip of the Mornington Peninsula, two
in the MPNP. In 2017 she was appointed Chair of the
Reference Areas Advisory Committee.
Mr Chris Rose (Member)
Mr Rose is acknowledged as a world leader and
expert in the management of national parks and
reserved lands. He has worked in the areas of public
land management, tourism and regional development
and emergency management and recovery for over
35 years. Mr Rose has held positions in Victorian
local government (Shire of Healesville), the Tasmanian
Parks and Wildlife Service, and from 1996 to 2015,
in Parks Victoria. His career at Parks Victoria included
managing many of the state’s outstanding protected
areas in various executive roles including 12 months
as Acting Chief Executive Officer of Parks Victoria.
He left the sector in 2015 to start his own consulting
firm specialising in business strategy development
and ecotourism.
When the Parks and Crown Land Legislation Amendment Act 2017 came into force, the following
members were no longer included as members of
Council. However, recognising the critical role each plays
in decisions regarding Victoria’s parks these members
have been offered observer status to the current Council
and are welcomed as participants in meetings but
without any decision-making responsibilities:
• Secretary of the Department of Environment,
Land, Water and Planning (or his or her nominee)
• Director of National Parks (who is the Chief
Executive Officer of Parks Victoria)
Council has benefitted from participation by Ms Sarah
Crute as nominee of the Secretary, and Mr Matthew
Jackson who is the Chief Executive Officer of Parks
Victoria.
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Council activities
Program
Council structures its work program according to its
statutory responsibilities, provides advice required on
key government investigations, policies and strategies,
and fulfils its corporate governance responsibilities.
Council continued to take a close interest in on-
ground park management issues through field visits,
discussions with Parks Victoria field staff and regular
briefings by Parks Victoria and departmental staff.
During 2018–19, Council held four meetings and
conducted three inspections at the Kooyoora State
Park (North Central Victoria) in August 2018, at
Port Campbell National Park (South-western district
of Victoria) in March 2019 and in May 2019 at the
Western Grasslands Reserve, Werribee.
Council meetings
Meeting No. 284 22 August 2018
Meeting No. 285 12 November 2018
Meeting No. 286 20 March 2019
Meeting No: 287 9 April 2019
Advice to the Minister
Under section 11(1)(a) of the Act, it is a function of
Council ’to advise the Minister generally in relation to
the administration of this Act and on particular matters
in relation to that administration on which its advice is
sought by the Minister’. The Act requires that any advice
received must be tabled in both Houses of Parliament.
New Lease to Ski Club of East Gippsland Inc.
at Johnston’s Hut, Bogong High Plains, Alpine
National Park, under section 19G of the Act.
The National Parks Advisory Council was requested,
in accordance with section 19G of the Act, to advise
the Minister on the granting of a new lease to Ski Club
of East Gippsland Inc at Johnstons Hut, Bogong High
Plains, Alpine National Park. At its meeting on
22 August 2018, the Council gave consideration to
this lease and heard a submission from Parks Victoria
for its continuation under particular circumstances.
Council supported the proposed lease and noted
that it is consistent with requirements under Section
19G of the Act. Furthermore, the Council noted the
following:
• the lease arrangement builds on the long-standing
relationship with – and continuing use of – Johnstons
Hut by Ski Club of East Gippsland Inc (SCEG)
• SCEG has demonstrated its ability to operate the
ski hut, including as a refuge
• SCEG has formal governance arrangements in place
to be in a position to meet its obligations
• the proposed rental aligns with set rates, which are
based on expected community benefit
• the direct negotiation method used by Parks Victoria
for this process with SCEG is appropriate given the
circumstances
• a number of conditions including protection of
Aboriginal heritage, environmental impacts and the
maintenance of the public refuge were taken into
account in the lease arrangements
• that Parks Victoria carries no obligations or liabilities
for the operation and management of the ski hut
other than it being on the Parks Victoria asset
register
• that the proposed arrangement assists Parks Victoria
in meeting a number of objectives identified in the
Greater Alpine National Parks Management Plan.
New lease to G&C Campbell over the Grants
Kiosk and Tearooms, Dandenong Ranges
National Park, under section 19G of the Act.
The National Parks Advisory Council was requested,
in accordance with section 19G of the Act, to advise
the Minister on the granting of a new interim lease to
G & C Campbell over the Grants Kiosk and Tearooms,
Dandenong Ranges National Park.
At its meeting on 12 November 2018, the Council
gave consideration to this lease and heard a
submission from Parks Victoria for its continuation
under particular circumstances.
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Council supported the recommendation to grant a
new short-term lease to G & C Campbell over the
site from 15 February 2019 to 11 February 2020 for
the purposes of the operation and management of
the Grants Kiosk and Tearooms, maintenance of the
existing buildings and assets, including public toilets,
and the provision of visitor services (including bird
feeding) and general visitor information.
In its deliberations, Council noted and supported,
the process that Parks Victoria has undertaken
around the long-term tenure of the site, the phasing
out of the current bird feeding attraction and the
competitive process that will be undertaken in early
2019 in an effort to progress a new lease commencing
in February 2020. Council members support the
determination that bird feeding will not be permitted
under the proposed future lease.
A new lease to Holdsworth Haulage Pty Ltd
over the Princess Margaret Rose Caves and
Campground Complex, Lower Glenelg National
Park, under section 19G of the Act.
The National Parks Advisory Council was requested,
in accordance with section 19G of the Act, to
advise the Minister on the granting of a new lease
to Holdsworth Haulage Pty Ltd over the Princess
Margaret Rose Caves and Campground Complex,
Lower Glenelg National Park.
At its meeting on 12 November 2018, the Council
was briefed by Parks Victoria on the history and
background to the operation and the proposal to enter
into direct negotiations with the current tenant.
NPAC supported the 21-year lease pursuant to section
19G of the Act via direct negotiations with Holdsworth
Haulage Pty Ltd as trustee for The Simoluke Trust for
the operation of the Princess Margaret Rose Caves
and Campground complex, within the Lower Glenelg
National Park, including cave tours, camping and
cabins, operator’s residence, kiosk and cafe, visitor
and information centre and ancillary activities.
In endorsing the proposal, Council noted:
• the validity of reasons why direct negotiation is the
preferred option of Parks Victoria
• formal newspaper advertising of Parks Victoria’s
intent to negotiate directly with Holdsworth Haulage
Pty Ltd does allow the opportunity for other parties
to express interest in operating the site
• indigenous impacts will be accounted for through
consultations with the Gunditjmara peoples
• that the lease agreement will include penalty
mechanisms should the operator fails to make
agreed investments listed in the lease.
Advice under Section 40 of the Act on the
Beach Energy Limited Application for consent
to undertake petroleum operations within Port
Campbell National Park.
The National Parks Advisory Council was requested,
in accordance with section 40(3) of the Act, to advise
the Minister on the application for consent by Beach
Energy Limited to undertake petroleum operations
within the Port Campbell National Park.
The Council received a presentation from Beach
Energy representatives on 12 November 2018 and
undertook a comprehensive site inspection of the
proposed project area on 19 March 2019. From
information gathered during these two activities, and
briefings by Parks Victoria staff, Council members
were able to note:
• the level of community engagement and depth of
analysis that has been undertaken by Beach Energy
in respect of this project
• that extreme risks attached to the project are
mitigated through comprehensive plans as
exemplified by the company’s section 40 consent
application. NPAC’s focus has been on Port
Campbell National Park where the project will have
a low impact: the operational site of the project is
outside the park on private land and drilling through
the Park will be 700 metres below the surface
• NPAC’s focus has been on the terrestrial Port
Campbell National Park, and although consideration
was also given to the impact on adjacent marine life
this is outside of NPAC’s purview
• that there will be a separate approval process for
gas production.
The Council recommended that the Minister grant
consent under s40 of the Act to enable Beach
Energy Limited to conduct the proposed petroleum
exploration operations within the park subject to the
terms and conditions of the consent drafted by Parks
Victoria, but NPAC noted the following:
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• Port Campbell National Park’s visitor numbers are
amongst the highest in the state and it is an iconic
National Park
• to mitigate against noise and visual impacts
including light from the ‘operations’ site on private
land, and to minimise the impact on visitor amenity
for those in the Port Campbell National Park,
adequate natural screening and landscaping should
be maintained for the duration of the project
• to mitigate against impact on visitor amenity and
notwithstanding Beach Energy’s statements, it
should be ensured that there are no large haulage
road movements on the Great Ocean Road through
the Port Campbell National Park during any stage of
the project, except for emergency purposes
• that high tourism visitation periods in the Port
Campbell National Park should be avoided during
the construction period, and that the visitor
experience and traffic on the Great Ocean Road
should be protected
• that the Environmental Plan should be approved by
the Chief Executive Officer or Chief Operating Officer
of Parks Victoria
• that a request to cease or shut down operations
should be elevated to a level higher than District
Manager; Regional Director is suggested as a
minimum
• it is noted there will be a separate approval process
should there be a request for gas production.
Advice under Section 40 of the Act on LV Blue
Metal Pty Ltd application to search for stone in
Tyers Park.
The National Parks Advisory Council was requested,
in accordance with section 40(1) and 40(3) of the
Act and Section 77A(1) of the Mineral Resources (Sustainable Development) Act 1990, to advise the
Minister on the application for consent by LV Blue
Metal Pty Ltd to search for stone within Tyers Park.
The Council received a presentation from LV Blue
Metal Pty Ltd representatives on 12 November 2018.
From information gathered during this presentation,
and briefings by Parks Victoria staff, Council members,
after considerable discussion agreed on the following
position:
The Council recommended to the Minister that she
does not provide consent under section 40(1) and
40(3) of the Act and Section 77A(1) of the Mineral
Resources (Sustainable Development) Act, to search
for stone in Tyers Park and noted:
• that the resource was not uniquely limited to this
location and there were identified alternatives in the
vicinity which the proponent might consider
• that although the proposed activity was relatively
benign, NPAC did not see it as a compatible land use
• that a successful application to search might imply
to the proponent an agreement to quarry/ mine
would be forthcoming, and Council was unlikely
to advise support for quarrying/ mining
• this position was consistent with precedents
established by the NPAC in similar considerations
• that NPAC did not wish to create a precedent for
quarrying/ mining in parks scheduled under the Act
that might be established if consent for exploration
were allowed.
Advice under Section 19G of the Act on a new
three-year lease to Tourism Great Ocean Road
Pty Ltd at Cape Otway for the Lighthouse
Reserve, Great Otway National Park.
The National Parks Advisory Council was requested,
in accordance with section 19G of the Act, to advise
the Minister on the granting of a new three-year lease to
Tourism Great Ocean Road Pty Ltd at Cape Otway for
the Lighthouse Reserve, Great Otway National Park.
At its meeting on 20 March 2019, NPAC gave
consideration to this request and heard a submission
from Parks Victoria for its continuation under particular
circumstances.
NPAC supported Parks Victoria’s recommendation
for the proposed lease to Tourism Great Ocean Road
Pty Ltd.
In its deliberations NPAC noted the following:
• the expiration of the 21-year lease on a site, which
was at the time of signing not in the Cape Otway
National Park, and thus there is a change of context
from when initial lease was created
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• more importantly, due to the proposed establishment
of the Great Ocean Road Authority (GORA) and
negotiations between the State Government and the
Eastern Maar Aboriginal Corporation (EMAC), NPAC
is satisfied that the proposed three-year short-term
lease is appropriate given that longer term decisions
about the site will be an issue for consideration by
GORA and/or EMAC
• that there will be quarterly meetings between EMAC
and the lessee
• requirements regarding maintenance, the
mechanisms in place to hold the lessee accountable
for internal maintenance, non-structural maintenance
and fit-out
• that the lessee/ proprietor has been managing the
site to a high standard consistent with Heritage
Victoria requirements and there has been positive
feedback from visitors
• there is a contingency plan should the business fail.
Corporate governance
The Council has adopted and adapted the following
DELWP policies and procedures:
• Code of Conduct
• Conflict of Interest
• Meetings and decision-making
• Dispute Resolution
• Gifts, benefits and hospitality
• Performance Assessment.
Field visits
NPAC undertook three field visits during 2018–19:
In August 2018, Council members made a field visit
to Kooyoora State Park in central Victoria. The
purpose was for Council to be informed of progress
in the development of Joint Management of five parks
and one reserve by the Dja Dja Wurrung Traditional
Owners with Parks Victoria, and to view Kooyoora
State Park first hand.
Council received a Welcome to Country at Kooyoora
State Park from members of Parks Victoria’s Dja Dja
Wurrung ranger team, which manages the cultural
heritage of the six jointly managed parks.
Council visited several sites in the Kooyoora State
Park including a crystal mine and rock shelters near
the Southern Lookout. Mr Trent Nelson, who leads the
Dja Dja Wurrung ranger team, provided commentary
on the significance of sites including rock shelters,
rock wells and scar trees, along with artefacts such as
spear heads which are found throughout the Park and
adjacent land.
Council members had been prepared for the visit
by listening to presentations on Parks Victoria’s
‘Managing Country Together’ program as well as
updates on Joint Management planning for the parks
at an earlier NPAC meeting.
Council was impressed with the difference that
joint management is making to the lives of the
Dja Dja Wurrung ranger team, which reinforces the
importance of the Joint Management program for
building capacity and connections.
The visit was extremely instructive for members to
understand the progress and importance of Joint
Management as it is established across Victoria.
A final joint management plan was adopted by the
State Government for the Dja Dja Wurrung parks
in October 2018 and for the Gurnaikurnai parks in
Gippsland in July 2018.
Kooyoora State Park – A. Foley August 2018
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In March 2019, Council members were joined by
Parks Victoria Traditional Owner staff and other
Parks Victoria management staff on a field visit to
Port Campbell on the Shipwreck Coast. The purpose
was for Council to conduct site visits relating to a
number of proposals being put to NPAC for advice to
the Minister and to be informed of progress in relation
to the Shipwreck Coast Master Plan, projects to
upgrade tourism and visitor infrastructure in the Great
Otway National Park and the impacts of tourism and
visitation more broadly.
Proposed Beach Energy Development
Port Campbell National Park
NPAC visited Two Mile Bay and The Arch visitor sites
within the Port Campbell National Park to provide
context on the nearest areas of National Park to the
proposed Beach Energy development site and then
proceeded to the operational Beach Energy Halladale
and Speculant gas plant, which is analogous to the
proposed new development.
It was instructive to see the site, its footprint and
associated scale of infrastructure and visual impact.
NPAC proceeded to the greenfield site of the
temporary proposed drilling plant, located on privately
owned cleared farmland adjacent to the Park.
Representatives from Parks Victoria, DELWP and
Beach Energy were available at both sites to answer
questions that focused around park values and
likely impacts on flora and fauna and visitors, safety
measures and monitoring, compliance with noise
and light emission regulations and site remediation.
The timing of works was also discussed in relation
to bird and sea mammal migration patterns, fishing
licences and peak visitation time for visitors. The first-
hand knowledge gained from these inspections was
instructive in formulating NPAC’s advice to the Minister
on the Beach Energy proposal.
Shipwreck Coast Masterplan
At Glenample Homestead, NPAC was briefed on the
Masterplan that was released in 2015 to cover 28 km
from Princeton to Peterborough. This comprehensive
plan for the future management and development
of the Shipwreck Coast is designed to mitigate the
negative pressures associated with the huge day
visitation that totals 5–6million visits per annum while
improving visitor experience and the economic and
social benefit of visitation to the region. The works
associated with Stage 1 and Stage 2 were explained
including the associated consultation, investigation
and approvals to date and timelines.
NPAC saw the proposed site of Stage 2 Glenample
Visitor Facility, Gibson Steps where the geotechnical
risk issues of management in Port Campbell National
Park were self-evident, and Sherbrooke River car park
and Loch Ard Gorge where discussion focused around
proposed lookouts and associated environmental,
geotechnical and visitor experience considerations.
Parks Victoria staff were on hand to discuss the
concerns around impacts on the park of up to 20,000
visitors per day and the importance of visitor safety
in light of the planned infrastructure improvement
projects. There was also healthy conversation around
the suite of management strategies used by public
land managers in other high visitation sites across the
globe where demand exceeds available infrastructure
capacity. The importance of park and ride became
clear on first-hand experience of the traffic and
infrastructure pressures on key sites of the Great
Ocean Road.
At Port Campbell, NPAC inspected the site of another
Stage 1 project being the construction of a bridge over
Campbells Creek and the associated cultural heritage
and environmental considerations in project design,
community consultation and flood mitigation.
Glenample Homestead – A. Foley March 2018
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Great Otway National Park
Melba Gully is the site for upgrade works and NPAC
members were provided an inspection of the existing
facilities and briefed on the upgrades by Parks Victoria
staff. The upgraded shelter and facilities will assist in
dealing with the visitor overflow while major upgrade
works are carried out at nearby Maits Rest. The lack
of power at the toilet block is the key concern needing
to be addressed subject to funding, with energy
efficiency and amenities being key objectives.
Council also visited Maits Rest on the Great Ocean
Road, which is a popular stop for single car visits and
tour groups due to the opportunity to walk amongst
majestic Mountain Ash and fern gullies. Members
observed site tours underway with guides speaking to
the values of the park and visitors actively engaged in
the tours. NPAC members were briefed on the scale
and cost of the major capital works being undertaken
including board walks, lookouts and bridges and the
importance of Maits Rest and Melba Gully as part of
the totality of a Great Ocean Road visit with its very
different rainforest vegetation experience.
A very busy two days field trip for NPAC was
incredibly valuable in ensuring members have first-
hand experiences and access to experts to answer
questions and help inform opinions and advice in order
for the Council to fulfil its function to provide advice to
the Minister.
Image from Parks Victoria
In May 2019 NPAC members undertook a single
day field trip to the Western Grasslands Reserves
The Western Grasslands Reserves is an area that
eventually will cover 15,000 hectares, with land
currently being acquired where it is subject to an
existing Public Acquisition Overlay, and the landowner
initiates the settlement process with the State. The
reserves are intended to offset the loss of native
grassland in areas designated by the state government
for urban growth in Melbourne’s north and west.
A number of sites were visited within the reserve and
members were struck by the enormity of work needed
and management issues required to rehabilitate
degraded cleared land to sustain local biodiversity
and develop a full habitat through restoration ecology.
Potentially, the reserves will contain native grassland,
open grassy woodland, rocky knolls, waterways and
ephemeral wetlands. These grassland reserves will
provide habitat for species including the Golden Sun
Moth, Striped Legless Lizard, Growling Grass Frog,
Button Wrinklewort and Spiny Rice-flower.
The visit was instructive for members to understand
the complexity of the area, the progress to date both
in terms of acquisition and management of the area.
Members considered that it would be important to
involve the local community at the earliest opportunity
to develop a long-term vision for the reserve that
balances the nature conservation outcomes sought and
provides space for human wellbeing and recreation.
Council considered the following principles for further
discussion regarding the development, management
and promotion of the Melbourne Western Grassland
Reserves.
• The Reserves and the important additions to them
provide a wonderful opportunity for profiling national
parks in a culturally and economically diverse part of
Melbourne where open space is at a premium
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• The Reserves offer a striking landscape setting as
open grasslands with distant horizons and a city
skyline in the distance
• The Reserves need to be valued in their own right
and interpreted for their values.
• Land acquisition needs to be hastened beyond
voluntary acquisitions
• Parks Victoria and the Government should be
proactive in commencing community engagement
and consultation about these Reserves, especially
with Traditional Owners, and with ‘Friends’ groups.
Council was enthusiastic for:
• an inspiring vision and engagement strategy being
embarked on early
• the opportunities of observing site evidence of
Aboriginal occupation
• opportunities for education and information
• opportunities for cross-generational engagement
• resourcing the clean-up, rehabilitation and
presentation of these Reserves will be costly and
the resources and partnerships to do so need to be
claimed
• innovative restoration techniques need continuous
trialling and monitoring
• ‘no touch’ reference areas need to be set aside and
monitored.
Western Grasslands Reserve – D Humann – 6 May 2019
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Attendance at forums
Attendance at forums – Members throughout the reporting period :
Number of meeting attended
Mr Doug Humann 4 out 4
Mr Adam McLean 3 out 4
Ms Anna Foley 4 out 4
Mr Michael Fendley 3 out 4
Ms Judy Dixon 4 out 4
Mr Chris Rose 2 out 4
Dr Mary-Jane Rogers 4 out 4
Associate Professor Ursula de Jong 3 out 4
DELWP – Permanent Invitee, non-member – Ms Sarah Crute 2 out 4
Parks Victoria – Permanent Invitee, non-member – Mr Matthew Jackson 4 out 4
Presentations to Council
Title Presenter Date
Presentations at meetings
Presentation to Council on new lease to Ski
Club of East Gippsland Inc at Johnson’s Hut,
Bogong High Plains, Alpine National Park
Mr Tim Shepherd
Parks Victoria – Senior Manager Commercial Agreements –
Commercial Directorate Operations Division
22 August 2018
Presentations to Council on Managing
Country Together and on the Gunaikurhnai
Joint Management Plan Update
Mr David Lucas
Parks Victoria – Senior Manager Managing Country
Together
22 August 2018
Presentation to Council on the Belfast
Coastal Reserve Management Plan
Mr Stuart Hughes
Parks Victoria – Director Park Planning and Policy
22 August 2018
Presentation to Council on the new interim
lease to G&C Campbell for the operation
and management of the Grants Kiosk
and Tearooms in the Dandenong Ranges
National Park
Mr Tim Shepherd
Parks Victoria – Senior Manager Commercial Agreements –
Commercial Directorate Operations Division
12 November 2018
Presentation to Council on the new interim
lease to Holdsworth Haulage Pty Ltd for part
of the Lower Glenelg National Park
Mr Tim Shepherd
Parks Victoria – Senior Manager Commercial Agreements –
Commercial Directorate Operations Division
12 November 2018
Presentation to Council by Beach Energy
Limited on proposed petroleum operations
within Port Campbell National Park
Ms Linda French
Community Relations Manager
Mr Geoff Atherton
Onshore Drilling Superintendent, Offshore and Special
Projects Drilling
Ms Catriona Kind
Environmental Advisor [Development]
12 November 2018
Presentation to Council by
LV Blue Metal Pty Ltd for stone exploration
within Tyers Park
Mr Gary Tate
Consultant
Mr Graeme Kennedy
Project Advisor
12 November 2018
Presentation to Council for the new three-year
lease to Tourism Great Ocean Road Pty Ltd at
Cape Otway for the Lighthouse Reserve
Mr Tim Shepherd
Parks Victoria – Senior Manager Commercial Agreements
– Commercial Directorate Operations Division
20 March 2019
Presentation to Council on the Parks Victoria
Bill and the government response to the
VEAC Statewide Investigation Final Report
Ms Fiona Harris
Project Manager, Crown Land Management Reform – DELWP
Mr Doug Hooley
Principal Legislation and Policy Officer – DELWP
9 April 2019
Presentation to Council on Sea to Summit
Update
Ms Sofi de Lesantis
Acting Director, Parks Planning & Policy, Parks Victoria
9 April 2019
Presentation to Council on Bass Coast
Marine Coastal National Park
Mr Mark Riley
Manager, Park and Waterway Policy, Parks Victoria
9 April 2019
Presentation to Council on the resubmission
for NPAC consideration of Tyers Park
Mr Mark Riley
Manager, Park and Waterway Policy, Parks Victoria
9 April 2019
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Administration
Expenditure
DELWP provides Council with an executive officer to
support its work. Council complied with departmental
policies in performing its functions throughout the
reporting period. Financial and other information relating
to the Financial Management Act 1994 is included in
the department’s annual report for 2018–19.
Table 2: Expenditure incurred by Council in
undertaking its responsibilities
2017 –18 2018–19
Meeting fees 5,500.00 10,820.00
Other operating expenses 15,575.58 16,437.59
Total $21,075.58 27,257.59
Consultancies below $10,000
None.
Consultancies above $10,000
None.
Major contracts
During 2018–19, the Council did not enter into any
contracts valued over $10 million.
Significant changes in financial position
There were no significant changes in financial position
during the reporting period.
Major changes affecting performance
There were no major changes or factors affecting
performance.
Subsequent events
There were no events subsequent to the balance date
that significantly affect the operating performance of
the Council in the future.
Workforce Data
As at 30 June 2019, the Council secretariat consisted
of one staff member:
• Sylvie Bideau – Executive Officer.
There has been no change in the number of ongoing
staff positions in the secretariat from the previous
financial year. Council staff is also included in the
employment statistics for the DELWP in 2018–19.
The Council is committed to apply merit and equity
principles when appointing staff. The selection
processes ensure that applicants are assessed and
evaluated fairly and equitably on the basis of the key
selection criteria and other accountabilities without
discrimination.
Government Advertising Expenditure
Government Policy requires disclosure of all
Government Advertising Expenditure with a total
media buy of $150,000 or greater (exclusive of GST).
No Government Advertising Expenditure was incurred
by the Council during the reporting period.
Protected Disclosure Act 2012
Compliance with the Protected Disclosures Act 2012
The Protected Disclosure Act was part of a package
of integrity reforms introduced by the Victorian
Government, which also established the Independent
Broad-based Anti-corruption Commission (IBAC).
The Protected Disclosure Act enables people to
make disclosures about improper conduct within the
public sector without fear of reprisal. It aims to ensure
openness and accountability by encouraging people to
make disclosures and protecting them when they do.
What is a ‘protected disclosure’?
A protected disclosure is a complaint of corrupt or
improper conduct by a public officer or a public body.
The NPAC is a ‘public body’ for the purposes of the Act.
What is ‘improper or corrupt conduct’?
Improper or corrupt conduct involves substantial:
• mismanagement of public resources
• risk to public health or safety or the environment
• corruption.
The conduct must be criminal in nature or a matter for
which an officer could be dismissed.
How do I make a ‘Protected Disclosure’?
You can make a protected disclosure about the NPAC
or its members, officers or employees by contacting
DELWP or IBAC on the contact details provided below.
Please note that the NPAC is not able to receive
protected disclosures.
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How can I access the NPAC’s procedures for the protection of persons from detrimental action?
DELWP has established procedures for the protection
of persons from detrimental action in reprisal for
making a protected disclosure about the NPAC or its
employees. You can access DELWP’s procedures on
its website at:
www.delwp.vic.gov.au
Independent Broad-Based Anti-Corruption
Commission (IBAC) Victoria
Address: Level 1, North Tower, 459 Collins Street,
Melbourne Victoria 3000.
Mail: IBAC, GPO Box 24234, Melbourne Victoria
3001
Internet: www.ibac.vic.gov.au
Phone: 1300 735 135
Email: see the website above for the secure email
disclosure process, which also provides for
anonymous disclosures.
Compliance with DataVic Access Policy
Consistent with the Victorian Government’s DataVic
Access Policy (2012), the Council intends that data
tables that it may produce in the future will be available
at http://data.vic.gov.au/ in machine readable format.
Summary of environmental performance
The Government’s aim of improved environmental
management is supported by a requirement that
departments disclose their ongoing performance in
managing and reducing the environmental impacts
of their office-based activities. The Council makes use
of DELWP offices and facilities to perform its functions
and the reporting requirement of the office is met by
DELWP. The Council secretariat participates fully in
a range of environmental programs undertaken by
DELWP, including:
• separation of reusable, recyclable, compostable and
landfill waste
• use of Green Power
• use of flow restricted taps and waterless urinals
• use of recycled paper and use of duplex printing
• environmentally sustainable fitouts
• regular use by staff of public transport, cycling or
walking to and from work.
Statement of Availability of Other Information
Additional information included in annual report
Details in respect of the following items have been
included in this report:
• assessments and measures undertaken to improve
the occupational health and safety of employees
• a statement on industrial relations
• a statement of completion of declarations of
pecuniary interests.
Information that is not applicable to the Council
The following information is not relevant to the Council:
• details of publications produced and how these can
be obtained
• details of major research and development activities
undertaken
• details of major promotional, public relations
and marketing activities undertaken to develop
community awareness of the entity and its services
• details of overseas visits undertaken
• list items relevant to this section
• details of changes in prices, fees, charges, and
levies charged
• a list of the Council’s committees
• a declaration of shares held by Council members
and senior officers
• details of any major external reviews carried out on
the Council.
National Competition Policy
Council adheres to the principles of the National
Competition Policy (NCP) to ensure any business
competition with private entities takes place in
an environment where the Council has no unfair
competitive advantages.
Local Jobs First Act 2003
During the year Council, did not enter into any contracts
to which the Local Jobs First Act 2003 applied.
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Building Act 1993
In accordance with the reporting directions, the annual
report must include a statement about compliance
with the building and maintenance provisions of the
Building Act 1993. The Council makes use of building
and facilities controlled by DELWP to perform its
functions and does not own or control any buildings.
Occupational health and safety policy
Council utilises DELWP Occupational Health and
Safety policies and procedures.
Public administration employment and conduct
principles
Victorian Public Service merit and equity principles are
applied in the appointment and management of staff.
The NPAC follows the merit and equity principles used
by DELWP in accordance with Government directives
and the Public Administration Act 2004.
Freedom of Information Act 1982
Council is an agency under the Freedom of Information Act 1982, and it complies with the
procedures prescribed under which members of
the public may gain access to information held by
agencies. A decision to release information is made
by an authorised officer.
The authorised officer is the DELWP Freedom of
Information Manager, Kim Reeves (03) 9637 9730.
No Freedom of Information requests were made
during the 2018–19 reporting period.
An application fee applies. The fee from 1 July 2018
is $28.90.
Information and Communications Technology (ICT)
NPAC falls under the umbrella of DELWP in regards to
ICT and providing ICT services. Please refer to DELWP
Annual Report 2018–19.
Risk Management
While the NPAC examines the risks of delivery of its
particular work functions and objectives on an ongoing
basis, it relies on the DELWP risk management
framework and internal audit of financial and other
administrative systems which are used by the NPAC’s
Secretariat. Please refer to the DELWP annual report
for further information.
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Disclosure Index
Legislation Requirement Page no.
Standing Directions and Financial Reporting Directions
REPORT OF OPERATIONS
Charter and purpose
FRD 8D Departmental objectives, indicators and outputs 4
FRD 22H Key initiatives and projects 10
FRD 22H Manner of establishment and responsible Minister 4
FRD 22H Purpose, functions, powers and duties 4
FRD 22H Nature and range of services provided 4
MANAGEMENT AND STRUCTURE
FRD 22H Organisational structure 4
Financial and other information
FRD 10A Disclosure index 18
FRD 12B Disclosure of major contracts 15
FRD 22H Application and operation of Freedom of Information Act 1982 17
FRD 22H Application and operation of Protected Disclosures Act 2012 15
FRD 22H Compliance with building and maintenance provisions of Building Act 1993 17
FRD 22H Details of consultancies in excess of $10 000 15
FRD 22H Details of consultancies under $10 000 15
FRD 22H Disclosure of government advertising expenditure 15
FRD 22H Disclosure of ICT expenditure 17
FRD 22H Employment and conduct principles 20
FRD 22H Major changes or factors affecting performance 18
FRD 22H Occupational health and safety policy 20
FRD 22H Significant changes in financial position during the year 18
FRD 22H Statement of availability of other information 16
FRD 22H Statement on National Competition Policy 16
FRD 22H Subsequent events 18
FRD 22H Summary of the financial results for the year 15
FRD 24D Reporting of office-based environmental impacts 16
FRD 25D Local Jobs First 16
FRD 29C Workforce Data disclosures 15
SD 5.2 Specific requirements under Standing Direction 5.2 1
COMPLIANCE ATTESTATION AND DECLARATION
SD 5.2.3 Declaration in report of operations 1
SD 5.4.1 Attestation for compliance with Ministerial Standing Direction
FINANCIAL STATEMENTS
SD 5.2.2 Declaration in financial statements
LEGISLATION
Building Act 1993 17
Disability Act 2006
Freedom of Information Act 1982 17
Local Jobs First Act 2003 16
National Parks Act 1975 2
Protected Disclosures Act 2012 15
FRD - Financial Reporting Direction SD – Standing Direction PC – Premier’s Circular
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Further copies of this report and information on
Council can be obtained from:
Executive Officer
National Parks Advisory Council
c/o Environment and Climate Change Group
Department of Environment, Land, Water and Planning
Level 39 – 2 Lonsdale Street
Melbourne, VIC 3000.
www.delwp.vic.gov.au
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