November 12 - 18, 2023: Issue 605

 

Mountain Bike Incidents on Public Land: Survey Launched to gather data on what's happening to public parks - community land - bush reserves in pittwater

The rise of illegal mountain bike tracks being built in parks and bush reserves, for the benefit of a few and at the exclusion of all else; all wildlife, endangered ecological communities and all other residents, is being chartered by the recent commencement of a survey which will run for 12 months collecting data on the same.


The survey, which aims to document mountain bike related incidents on public land, is available at: https://www.surveymonkey.com/r/K88PSNP  and will form part  of a future report or study on the same.

On Sunday October 29, 2023 two women were in a council bush reserve at Elanora Heights which had been destroyed by children and teenagers who have built an illegal mountain bike track there – this had contained vulnerable and endangered plant species.

The two women had gone to the reserve to try and prevent further destruction of this public/council place.

The women allege they were verbally abused by around 15 12 to 17 year old males and had rocks thrown at them. One parent then arrived and pushed one of the females to the ground, she states, whereby she sustained bruising as a result, and as that person then too threatened her as well – also stating he/they know where she lives – she called the police for help. She alleges she had already called them 4 hours earlier but they did not attend the scene. 

Once she had been assaulted it took 2 hours for them to turn up, she alleges. 

They then required her to produce a person as witness who was ‘unbiased’ – the person with her apparently not counting, asked her to produce pictures of the minors, which she stated it is illegal to take. 

The woman states their questions and manner made her feel as though she was the person who should be charged with something.

She also told the police that she had been the target of intimidation, stalking, damage to her home in a prior incident. She alleges the police offered no support, no incident number and no protection should what has occurred before occur again.

She alleges the children told her that the Mountain bike group ‘Garigal Gorillas’ had told them they could do so and that the Council also permits them to.

One of the women alleges: ''I called the police a number of times across the day to report I was being verbally abused, intimidated, and physically assaulted –  at 2.35 pm, 3.55 pm, 4.08 pm, 4.17 pm, 4.34 pm. Police did not come until 7 pm. 

I had gone home by the time they turned up and when I drove back to the reserve one of the mountain biking men was talking to them. He then proceeded to take photographs of me, my car and number plate. This was an aggressive act of intimidation. 

I felt uneasy that they had been lobbied in some way by the man who was part of the group of men and boys who were violent towards me. Their line of questioning was not around my assault but more around trying to get me to agree that the kids should be able to build bush tracks and that I should not prevent them from doing so. They also said their job is not to protect council reserves. They implied I had not been assaulted because I did not have dirt on my clothes or visible marks where I had been hit by rocks. I felt like I was being gas-lit.'' the woman told Pittwater Online News

''They (the police) did not give me an incident number or take a proper formal statement. I had to ring Dee Why police 3 times to have an incident number begrudgingly issued. 

As this was physical violence and intimidation by a man and boys against a woman I would expect this to be documented properly. Too many women are being injured by men. Police ignoring this sends the wrong message to the boys that they can treat women with aggression and disrespect and there is no repercussion. There needs to be timely responses to reports, and proper documentation of incidents.''

This person's experience is not the first where where residents were being threatened, stood over and intimidated and called the Police and council with, they allege, little to no response or attending a scene in a timely manner.

On August 29th 2021 at 1.15pm the bush care volunteers of Crescent Reserve Newport called the council rangers as that reserve was being destroyed by mountain bike tracks and jumps being built. This reserve had been restored by this group over 24 years.

In the space of the last couple of weeks trail bike builders have removed barriers erected by council staff last year, after a similar incident damaged and felled shrubs and trees in order to create several bike trails, erected a den and tree house, excavated soil at creek level to create jumping mounds, installed a garden bench, foldable chairs, and left the tools used to destroy this reserve, namely wheelbarrows, a bush saw, brooms, shovels, chainsaw and general rubbish.

While waiting the teenagers informed the volunteers that ‘they were doing nothing wrong’ and ‘council didn’t mind’. One lad even claimed his dad ‘owned the council’.

Their comments escalated and became threatening, with the aforementioned tools allegedly being wielded and even their parents joining in, causing the volunteers to call the police.

They stayed until about 4.00pm without a council ranger or a police person showing up. 

The volunteers stated they had been informed by a local councillor and bushcare friends the damage described was happening from one end of the LGA to the other and council have no appetite to do anything about it mainly because the mental health of the youngsters in lockdown had to be considered.

The volunteers objected to this premise, wondering why the mental wellbeing of those who have invested decades of their efforts into restoring these areas and now see them being destroyed without any checks, is not also taken into account.

Similarly, a mother with two young children at Warriewood became the target of attacks when another illegal track was built beside her home. She had rocks thrown at her home on Friday evening, July 30th 2021, by those using that pump track. One went straight through the lounge room window smashing it to pieces and spreading glass clear across the room and into the hallway. Her two young children were home and thankfully not hurt, although the youngest could not get to sleep that night, asking his mum over and over 'are they coming back?'


Window smashed at Warriewood home through rocks thrown - photo supplied

That mother had also contacted the Northern Beaches Council numerous times about this illegal incursion into a Wildlife Protected Area and stated she was fobbed off.

Pittwater Online News contacted the NSW Police to inquire why it had taken so long to attend the scene of the Elanora Heights alleged incident and if anyone had been charged. A query was also sent as to why no one attended the Newport incident.

The reply statement was:

About 7pm on Sunday (29 October 2023), officers from Northern Beaches Police Area Command responded to reports of alleged anti-social behaviour at a reserve along Woorarra Avenue, Elanora Heights.

Police spoke to the people involved; however, due to insufficient evidence no further police action was taken. The damage to the park was referred to council.

Police are a mobile resource and respond to incidents as they arise. Response times can be affected by various factors, including the number of urgent calls, distance of required travel, traffic congestion, weather events, and peak periods.

The safety and wellbeing of the community is priority for police and officers will continue to respond to incidents as they occur.

And why no one turned up when people were being threatened at Newport;

We can’t comment on police response to an incident that occurred two years ago. There is no further comment to what has already been provided. 

No assault charge, no charge for intimidation, no charge for deliberate destruction of community property, no charge for vandalism.


Woorarra Reserve, October 29, 2023, photo supplied


one example of what has occurred in Crescent Reserve: photo supplied

Pittwater Online News also contacted the council to inquire whether they had granted the 'Garigal Gorillas' a licence to build tracks and to given the Garigal Gorillas licence to grant permission to others to do so as well.

Mayor Sue Heins stated,

''Council recognises the demand for additional mountain biking facilities, and we’ve identified new locations across the area to cater for this need. 

Tracks can only lawfully be built where Council has provided explicit authorisation. Unfortunately, unlike skate parks and basketball courts, mountain bike trails take longer to get approved due to their potential environmental impacts. 

Currently we have well utilised bike parks in Belrose at Wyatt Ave and the world-class Bare Creek and JJ Melbourne Hills Reserve in Terrey Hills. We’ve also earmarked $1 million to upgrade Manly Dam’s mountain bike trails, build a new trail bike jump facility at Seaforth Oval, formalise the Ingleside downhill trail and investigate the formalising of trails at Deep Creek Reserve.''

For background, the council stated: 

'Council’s Lets Play! – Outdoor Recreation Strategy sets out a number of initiatives and additional formalised mountain bike sites planned for the LGA. 

Council has not given permission for any trails to be built in Woorarra Reserve at Elanora Heights as such Council Officers are investigating the works and their impact on the environment. 

Council works closely with Garigal Gorillas on the development of approved tracks at JJ Melbourne Hills Reserve in Terrey Hills and is working on other potential locations to approve trail construction in the future.

Whilst legislation which protects threatened species is managed by the NSW Government, Northern Beaches Council has adopted the ‘Bushland and Biodiversity Policy’. The policy includes objectives regarding biodiversity conservation and sustainable recreational access.'

However, under the NSW Local Government Act, the council is required to:

Core objectives for management of community land categorised as a natural area

36E Core objectives for management of community land categorised as a natural area

The core objectives for management of community land categorised as a natural area are--

(a) to conserve biodiversity and maintain ecosystem function in respect of the land, or the feature or habitat in respect of which the land is categorised as a natural area, and

(b) to maintain the land, or that feature or habitat, in its natural state and setting, and

(c) to provide for the restoration and regeneration of the land, and

(d) to provide for community use of and access to the land in such a manner as will minimise and mitigate any disturbance caused by human intrusion, and

(e) to assist in and facilitate the implementation of any provisions restricting the use and management of the land that are set out in a recovery plan or threat abatement plan prepared under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 .

Core objectives for management of community land categorised as bushland

36J Core objectives for management of community land categorised as bushland

The core objectives for management of community land categorised as bushland are--

(a) to ensure the ongoing ecological viability of the land by protecting the ecological biodiversity and habitat values of the land, the flora and fauna (including invertebrates, fungi and micro-organisms) of the land and other ecological values of the land, and

(b) to protect the aesthetic, heritage, recreational, educational and scientific values of the land, and

(c) to promote the management of the land in a manner that protects and enhances the values and quality of the land and facilitates public enjoyment of the land, and to implement measures directed to minimising or mitigating any disturbance caused by human intrusion, and

(d) to restore degraded bushland, and

(e) to protect existing landforms such as natural drainage lines, watercourses and foreshores, and

(f) to retain bushland in parcels of a size and configuration that will enable the existing plant and animal communities to survive in the long term, and

(g) to protect bushland as a natural stabiliser of the soil surface.

Use of community land pending adoption of plan of management

44 Use of community land pending adoption of plan of management

Pending the adoption of a plan of management for community land, the nature and use of the land must not be changed.

Further, a website called 'Trailforks' lists at least 36 'unsanctioned' mountain bike trails that are 'sponsored' by the Garigal Gorillas, some of which, the site states, have been ridden thousands of times. One called 'Deep Creek Connect' has 6,150 rides against - the last being early November 2023. King Brown Alley, another listed under 'Mount Narra (Narrabeen) had 10, 670 rides by November 3, 2023.

Trailforks states it is 'a trail management system for outdoor enthusiasts, trail builders/associations, government and tourism. It aims to provide the very best tools to inventory, maintain, promote and showcase trail networks and tourism destination. Tools such as statistics empower each group to have accessible data to show local city councils, governments, tourism boards and parks, conveying the popularity and potential economic impact of outdoor recreation on their area in order to receive further support to grow trail networks.'

The term 'unsanctioned' according to Trailforks is defined as:
''In the local Vancouver area, there is some debate whether trails should be labelled as 'illegal' or 'unsanctioned'. There is good argument that they are 'unsanctioned', but either way there are lots of trails in a grey area around the world. Different regions will have differing policy towards sensitive or unsanctioned trails, so Trailforks doesn't enforce a standard, each local trail association can decide on how much info for these trails to allow online.

We have various levels of visibility and warnings, offering more control then a simple binary visible/hidden option.

A trail association may choose to not make public all or certain grey-area trails online, but given Trailforks crowdsourced nature, others might add one of these trails in the future, not knowing they shouldn't be public. So Trailforks provides a range of features to help prevent & monitor for unsanctioned trails, if a region so wishes.''

The Gargial Gorillas also advertise on Facebook and their website what is called a '5-er': - one of which ran on November 1 2023 and listed 'Beam Me Up' as one of the trails on the 5er(5 trails) loop for that session. 

The 'Beam Me Up' trail is defined on the same site as: 

'Beam Me Up Details - A great new addition to Mt Narra that lets you bail out of Vovos early and ride rather than carry up to Slippery Dip. Like Vovos, it's tight and twisting, and intermediate riders might need to walk a few bits. Easy to spot, it branches off Vovos at about 1 o'clock on a clockface.'
and;
'This trail is unsanctioned.'

There are even videos made and posted on You Tube showing over 30 people taking to the tracks at once from 6pm onwards.


screenshot from the Trailforks site of 'Garigal Gorillas sponsored trails'

Cumulative impacts on ecosystems are occurring due to the sheer scale of mountain bike trails. One trail construction can be hundreds of kilometres long. These continue to be built throughout Australia, often in extremely ‘ecologically sensitive’ areas such as steep gullies, that play a vital role as ‘refugia’ for plants and animals and fire protection, and, as can be seen in this video, are extending road deaths of wildlife into the very homes of these animals. 

The videos published of '5-er' events shows all of the following happening on this council's watch. Some examples of the detrimental impacts from mountain biking and trail construction are:
  • Edge Effects can affect species when trail construction causes changes in the vegetation structure at the edges of their habitat. Edge effects also encourage weeds and can spread serious environmental threats such as Phytophthora, 'dieback' (Phytophthora cinnamomi), which can cause permanent damage to ecosystems and landscapes
  • Disturbance from machinery and tools used during construction, maintenance and biking on trails (use) can detrimentally affect threatened species such as Powerful Owls, Wedge-tailed eagles and Koalas as well as small mammals, reptiles and invertebrates that would be less able to avoid the rapid approach of mountain bikers
  • Habitat loss and fragmentation can lead to ‘niche reductions’ for plant and animal species. They lose their ‘homes’ and thus, ecosystems decline 

screenshots from a video published after November 1 2023 '5-er'

Along with Council’s narrative – there is the residents, who state their objections are not ‘largely or even overall supportive’ of bike jumps being pushed into public parks, bush reserves, or 'Mount Narra' and find the approach and overrule of any other than the lobbyists, in council's 'working with' the same, could be termed 'sanctioning' this destruction and excise from all for the benefit of a few, and even some who state council is colluding with such groups to destroy the environment of Pittwater.

In December 2022 all Councillors, except Cr Glanville and Cr Korzy who voted against the proposal, and Cr Regan and Cr Ryburn who were absent, voted for the formalisation of illegally cleared and unauthorised trails at Manly Dam War Memorial Park (Manly Dam), the Mona Vale Downhill mountain bike trail in Ingleside Chase Reserve, at Whitney Park at Mona Vale, Deep Creek at North Narrabeen (known as 'Mt Narra' to mountain bike riders; not yet passed), and in Trafalgar Park at Newport. 

Community opposition to this had been expressed, en masse, but was ignored by the Council.

Councillor Stuart Sprott declared what was listed as a ''not significant non-pecuniary interest in relation to Item 13.3 and will remain in the meeting for the discussion and voting on this item''. The reason provided was: “I am a mountain bike rider.” 

Cr. Sprott also spoke in support of the Item, explaining he had been one of those people who cut illegal tracks as a young person but opined that with education young residents could be made aware of the problem they cause in the environments they destroy building illegal tracks.

A few examples of other residents statements since that first report on that destroyed Elanora Heights reserve;

‘Locals should not be threatened, nor abused, nor assaulted for standing up for their home surroundings and reserves. Appalling.’

‘’The Environment Protection Agency has stated that the council has full powers to stop the mountain bikers activity and to destroy the tracks. This is a very clear cut issue and it is time the council stated the facts clearly and made all concerned aware that this activity is illegal and the law must be respected. The council have done very little to counter this nonsense and stop this fiasco. Please do so now!’’

‘’ The creation and use of these unauthorised mountain bike trails and features have, from my perspective, a concerning, detrimental impact on the native species and ecological communities that call our area home. Not only is vegetation being removed and damaged, so is the soil. It is being excavated, mounded up, and laid bare, exposing it to compaction and erosion forces. The impact of the trails and their usage on fauna and other ecological functions is well-documented – this is environmental vandalism and should be prosecuted.’’

‘’ It is heartening to see our young using initiative, being creative and testing themselves, and these days, especially, outdoors. It is disappointing to see them being assisted by adults to break the Law. Under this guidance they are learning that it is OK to trash public property. This has been done on soil derived from 180 million year old hard rock that is thin and fragile and supports a unique assemblage of plants, animals, fungi, invertebrates, micro-organism and genes for the future. This is a vulnerable community that has been protected by National, State and Local Government that is this community’s and Council’s privilege to care for.’’

‘’It is of extreme consequence to us if the Council does not support the Law and allows this sort of desecration of the Reserves. We have worked for the long, long term future of the planet- not just our local entertainment. Our work is part of a far greater project and endeavour towards recovery.’’

Others have stated they have been directly impacted by people riding their bikes on these trails. One gentleman alleges he was knocked to the ground, sustained serious injury, and had to find his own way out of the bush to call for help as the person who ran into him kept going after swearing at him for being in his way.

Pittwater residents state local public reserves are being deliberately destroyed, and state the council should prosecute those responsible instead of 'working with' them to 'formalise' these.

''After all, that's a process that was commenced under Warringah Council over a decade ago - should that be imposed on and rolled out through Pittwater? A big fat fine and ensuring those responsible pay for restoration works and rare plants is more likely to stop them in their tracks - and inspire finding a win-win solution for all.''

That consultation by Warringah Council found that those using the trails are predominantly males aged 35-45 who ascribed wellbeing where they had been battling with mental health issues prior to taking up the sport.

However, there, as as has happened with Hornsby City Council just lately, any consultation focuses on the mountain bikers wants and needs, allowing them over 50% of the say according to Hornsby residents and those that live locally, before anyone else gets a say.

''This is not a genuine consultation'' they have stated.

If you are being stood over and intimidated, assaulted either verbally or physically, or even threatened with the now common 'I know where you live' for standing up for and guarding these places, as has been reported more than a few times to this news service in recent years, you must still call the police for assistance, expect them to turn up urgently, to take it seriously, to take a formal statement and prosecute. Make sure they Issue you with an Incident Number - if they take hours to turn up, leaving you isolated and the target of more abuse or attacks, won't take a statement or don't give you an Incident Number there and then, lodge a formal complaint with the NSW Law Enforcement Conduct Commission (LECC). 

It should be taken into account that the NSW Police Force is currently facing shortages of personnel. See report: NSW Police Trainees Will Be Paid To Become Officers: State Government Moves To Address Frontline Services Shortfall

However, the rates of assault on women, and deaths by men, continues to rise in New South Wales. 

Residents are calling for the council and the police to step up - they are fed up with the loss of wildlife locally and fed up with the destruction of the environment in parks and bush reserves. 

In August 2020 a report run shows a wallaby startled by one mountain bike rider being run over by the second one on a trail at Ingleside. The video posted August 5th 2020 on a website called ‘Trailforks’ with a webpage dedicated to ‘Deep Creek’ and titled ‘Submission to Friday Fails’ shows the mountain bike rider colliding with a wallaby that had been sitting quietly in the sun. The rider was dislodged, and obviously recovered – no account of what happened to the wallaby or whether help was sought for what would certainly be injuries and shock was posted.


Screenshot of 'Submission for Friday Fails' - Trailforks- wallaby about to be run over circled



This video illustrates that allowing a pack of 30+ people to take to one set of 'unsanctioned' trails at once is akin to pushing a traffic jam into a wildlife area.

At the same time photos were sent in of sacred sites being damaged on illegal trails, again by people stating that the 'Garigal Gorillas' were in charge:


Garigal NP - Ingleside/Mona Vale road end - photo supplied


Garigal NP - Ingleside/Mona Vale road end; sacred site with bike wheel markings - photo supplied


Garigal NP - Ingleside/Mona Vale road end; break treads still evident - photo supplied

Following this incident from 2020 Pittwater Online spoke to a Garigal Gorillas representative who was appalled by the destruction done on yet another (above) 'sponsored' trail by the 'special' few. A spokesperson for the group told Pittwater Online News then that they are vehemently opposed to any destruction of sacred sites, definitely opposed to anyone cutting illegal trails in council reserves and national parks. When put in contact with members of the Aboriginal Support Group Manly-Warringah-Pittwater, members immediately agreed to involve their membership in a Walk-Talk through these areas with ASGMWP elders.

The newly built 'Beam Me Up' trail, ridden on from at least November 12 2022 in the latest '5-er', along with the spread of children and teenagers whose fathers are all 'in charge of council' or have been told by members of the group they can build what they like where they like when they like presents a 2023 challenge - which the council has announced it is working with the group to formalise. 

'Council’s Lets Play! – Outdoor Recreation Strategy sets out a number of initiatives and additional formalised mountain bike sites planned for the LGA.'

The proliferation of illegal tracks during the recent years of Covid lockdowns is well documented, as is why this was then allowed. It even became part of the council's Strategy. 
The injuries and hospitalisations of youngsters as a result is also documented, on record with the ambulance chasers. 

''The continuing unchecked deliberate damage done to public parks and bush reserves, compounded by bullying behaviours, assaults and ongoing intimidation of any who challenge the destruction is a direct result  of the messaging.'' residents state

''The flipside is, once real law is restored, there are numerous areas that need their weeds pulled out and once they have been, there's a track beneath that,'' residents state. 
The unweeded tracks go from one length of Pittwater to the other - going south it's the same. Pulling weeds out instead of vulnerable plants and endangered ecological communities, although the opposite of destroying the environment, could be mountain bike enthusiasts and bush care restorers working together to share and care for what they both love - the great outdoors.

''The knowledge sharing is overdue and could produce something amazing,''

With the proposed pump track for Lynne Czinner Park removed from the current detailed designs and to be revisited 'in future years' once additional funding is sourced by council, and the pump track as part of the Avalon Place Plan not being discussed until mid 2024, the original premise for starting this news service is brought into strong relief.

Our then younger boys told us 'there's nowhere for us to go, nothing for us to do, and no one is listening to us anyway.'

As with bushcare the solution may come from the community. The kids need somewhere to go, with something to do, because the community of Pittwater is listening to them too.


The children's fathers could tell them the orchids that are native to this area can't be seen because, as tubers, they are underground and in the earth for much of the year - and that's why we don't rip up the earth. The erosion and spread of dieback could form part of learning what results in redressing that flow on from illegal tracks to keep the creeks clean.

''A great sport and way to get a mental health boost when needed, and a wonderful way to connect with others and the environment, the possibilities are there through a different approach.'' Pittwater Online News was told

The community expects it; in one example, the DEC’s ‘Who cares about the environment' (2006) identified the high level of community demand for local environments to be properly protected.

The 2006 survey  found that:
  • 53% of people ranked the environment ‘a very important part of their lives’. Only family (92%) and friends (67%) ranked more highly
  • 87% of people say they are concerned a ‘great deal’ or a ‘fair amount’ about environmental problems
  • 71% of people think local councils could do more to help protect the local environment.
Other groups identified as needing to do more included retailers (66%), state government (81%), Commonwealth government (80%), manufacturing industry (77%) and individuals (81%). 

Seventeen years on our society doesn't stop talking about the environment and ways to save it, all in it, and thereby, ourselves.

There is a high level of community expectation that local councils accept and act on their responsibilities to protect local environments. The public tends to react negatively when a council’s failure to meet these responsibilities results in environmental harm.

Increasing population in many council areas and the associated impacts are placing greater pressure on our waterways, air, soil, flora and fauna. Poorly managed council operational activities and decisions only add to that pressure, whereas well-managed activities can actually improve local environments, even as populations increase.

''In the end, it’s the local environment, that directly affects the quality of life in a local council area.'' another resident emailed in ''You can use any or all of the above information to help you convince council they need to develop an effective operational management program, one not skewed towards the benefit of a few that will exclude all else.'' 

The community expects the police to do their job, whether it is on public land or in a private home. 

The community expects prosecution, instead of volunteers' time, rates and taxes being spent to undo the damage.

''And then the women of this area won’t have to go out and defend these areas from the ignorance, backed up by arrogance, that is stealing them from everyone else or wait 5 hours for the police to turn up…. while they are being assaulted.'' 

Those who love this area state they are not going to back down or be quiet, nor are they are not going to allow this destruction under this council’s watch to go unremarked and unrecorded. 

The survey, which aims to document mountain bike related incidents on public land, is available at: https://www.surveymonkey.com/r/K88PSNP 

references

LOCAL GOVERNMENT ACT 1993

- As at 30 October 2023 

Division 2 - Use and management of community land

LOCAL GOVERNMENT ACT 1993 - SECT 36G

Core objectives for management of community land categorised as a park

36G Core objectives for management of community land categorised as a park

The core objectives for management of community land categorised as a park are--

(a) to encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities, and

(b) to provide for passive recreational activities or pastimes and for the casual playing of games, and

(c) to improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management.


Core objectives for management of community land categorised as a natural area

36E Core objectives for management of community land categorised as a natural area

The core objectives for management of community land categorised as a natural area are--

(a) to conserve biodiversity and maintain ecosystem function in respect of the land, or the feature or habitat in respect of which the land is categorised as a natural area, and

(b) to maintain the land, or that feature or habitat, in its natural state and setting, and

(c) to provide for the restoration and regeneration of the land, and

(d) to provide for community use of and access to the land in such a manner as will minimise and mitigate any disturbance caused by human intrusion, and

(e) to assist in and facilitate the implementation of any provisions restricting the use and management of the land that are set out in a recovery plan or threat abatement plan prepared under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 .


Core objectives for management of community land categorised as bushland

36J Core objectives for management of community land categorised as bushland

The core objectives for management of community land categorised as bushland are--

(a) to ensure the ongoing ecological viability of the land by protecting the ecological biodiversity and habitat values of the land, the flora and fauna (including invertebrates, fungi and micro-organisms) of the land and other ecological values of the land, and

(b) to protect the aesthetic, heritage, recreational, educational and scientific values of the land, and

(c) to promote the management of the land in a manner that protects and enhances the values and quality of the land and facilitates public enjoyment of the land, and to implement measures directed to minimising or mitigating any disturbance caused by human intrusion, and

(d) to restore degraded bushland, and

(e) to protect existing landforms such as natural drainage lines, watercourses and foreshores, and

(f) to retain bushland in parcels of a size and configuration that will enable the existing plant and animal communities to survive in the long term, and

(g) to protect bushland as a natural stabiliser of the soil surface.


Use of community land pending adoption of plan of management

44 Use of community land pending adoption of plan of management

Pending the adoption of a plan of management for community land, the nature and use of the land must not be changed.

Biodiversity Conservation Regulation 2017

BIODIVERSITY CONSERVATION REGULATION 2017 - NOTES

- Made under the Biodiversity Conservation Act 2016 - As at 24 October 2023 - Reg 432 of 2017

Note to Division 2.1

Section 2.10 of the Act provides that it is a defence to a prosecution for an offence under this Division if the person charged establishes that the act that constituted the offence was authorised by and done in accordance with a biodiversity conservation licence. Section 2.7(5) of the Act prevents the issue of biodiversity conservation licences that authorise harm to marine mammals or the obtaining of marine mammals for exhibition or other purposes unless it is necessary for genuine scientific or educational purposes or any other purpose connected with the conservation or protection of marine mammals.

Note to Division 3.2

In addition to the offences under this Division, section 2.3 of the Act makes it an offence to damage the biodiversity values of a declared area of outstanding biodiversity value, and section 2.1 of the Act makes it an offence to harm an animal of a threatened species. The maximum penalty for such an offence is $1.65 million in the case of a corporation or $330,000 in the case of an individual, or imprisonment for 2 years, or both.

Note to Division 3.3

In addition to the offences under this Division, section 2.3 of the Act makes it an offence to damage the biodiversity values of a declared area of outstanding biodiversity value, and section 2.1 of the Act makes it an offence to harm an animal of a threatened species. The maximum penalty for such an offence is $1.65 million in the case of a corporation or $330,000 in the case of an individual, or imprisonment for 2 years, or both.

Schedule 1 Penalty notice offences, retrieved from; https://legislation.nsw.gov.au/view/whole/html/2019-11-22/sl-2017-0432#sch.1 


Woorarra Reserve, Elanora Heights - The residents first email:

''I would like to draw your urgent attention to illegal clearing and modification of the environment at Woorara Reserve Elanora Heights by mountain bikers clearing and building formal paths and jumps. This is creating permanent and irreparable ecological and environmental damage and impacting the natural environment and public amenity of this truly special ecosystem which is situated on council managed land and abuts Deep Creek reserve. 

Their actions include clearing, cutting and removal and destruction of plants, ground work such as digging and moving large volumes of dirt to form banks, jumps and wider paths, drilling into sandstone rocks to modify the shape of them, moving rocks to make ramps, regular trimming of paths. A consequence of this is severe erosion in sections, habitat and species loss.

In March this year I decided to survey and identify the native terrestrial orchids in Woorarra Reserve. I had noticed 3 species at that point. I have discovered that there is a remarkable variety of orchids, and large populations, in close proximity, and a relatively and unusually small area that I have seen in no other location in the LGA, or NSW. 

Orchids are at particular risk of climate and environmental change, illegal clearing, and illegal collection. Our local orchid community keeps this location a tight secret.

In the last 8 months I have seen the species below. 

Acianthus pusillus

Acianthus exsertus

Acianthus fornicatus

Arthrochilus prolixus (only 2 known locations in LGA, this is the larger population and had been disturbed by the actions of the bikers

Caladenia alata had been disturbed by the actions of the bikers

Caladenia carnea had been disturbed by the actions of the bikers

Caladenia Glossodia had been disturbed by the actions of the bikers

Caladenia Major had been disturbed by the actions of the bikers

Caleana Major largest population I have found in LGA outside KCNP

Calochilus paludosis 

Calochilus robertsonii

Corunastylis fimbriata

Corybas actinoflorus – at risk from xanthohrea trimming

Cryptostylus erecta - had been disturbed by the actions of the bikers

Cryptostylus subulata - had been disturbed by the actions of the bikers

Possibly Cryptostylus leptochila – waiting to see it open - had been disturbed by the actions of the bikers

Dipodium variegatum - including extremely rare leucitic form had been disturbed by the actions of the bikers in 3 locations

Possibly Dipodium Roseum – waiting to see it open had been disturbed by the actions of the bikers

Possibly Dipodium Punctatum – waiting to see it open had been disturbed by the actions of the bikers

Microtus unifolia – at risk from erosion from bikers digging and widening trails

Pterostylis curta - had been disturbed by the actions of the bikers

Pterostylis pendunculata - had been disturbed by the actions of the bikers

Pterostylis baptistii - had been disturbed by the actions of the bikers

Pterostylis alveataI  - had been disturbed by the actions of the bikers

I have not seen, but been told they are there, 4 different Thelymitra – ixiodies, carnea, penticulata, pauciflora.

There are beautiful stands of a number of kinds of xanthorrhoea, and many other plants, some category 3 sensitive.


Mountain bike track and jumps carved through Woorarra Reserve. Photo dated October 28, 2023