WE’VE WON the BATTLE, BUT the WAR GOES ON
Some background information:
Blue Mountains Conservation Society’s legal action against the Minister,
Department of Environment and Conservation and film company Talons was
run on the basis that the Special Licence issued by the Director-General
of DEC to film war movie ‘Stealth’ in the Wilderness Area of the World
Heritage listed Blue Mountains National Park was illegal.
Mr Justice Lloyd found that this was in fact so. In his strong judgment
he found that the Licence was invalid because the purpose for which
it was granted – to film a war movie–– was contrary to the objectives
of the National Parks and Wildlife Act. It was also contrary to the
principles for managing national parks, and the management principles
set out in the Wilderness Act. He also found that the granting of a
licence to occupy and use the land to the exclusion of the public was
prohibited by the NPW Act in undisturbed/wilderness areas.
The judge made it quite clear in his wording of the judgment that he
was of the opinion that this type of activity was wholly incompatible
with a wilderness area.
DEC and Talons lodged an appeal which was to have been heard next Wednesday
5 May. The Premier then announced that if their appeal against Justice
Lloyd’s judgment failed, he would introduce special legislation to override
it.
We have now heard that first Talons, then DEC, have withdrawn from the
appeal. The film company will be moving their equipment out and going
to an alternative location, completely negating the Premier’s claims
that Butterbox Point was absolutely essential to the ‘integrity’ of
the film.
This has saved Butterbox Point for the time being. However, the Premier
is still stating that he is going to introduce legislation to allow
commercial filming in wilderness areas. This will put all wilderness
in NSW at risk, including Butterbox Point, which because of its relative
accessibility will no doubt be particularly attractive.
We cannot fight this fight over and over again. We must use this experience
to galvanise our energies into stopping such legislation being enacted.
This is the Premier who has created a wonderful system of national parks
and wilderness areas which should have been his greatest legacy to this
state.
Are we instead to see them reduced to free film sets for American blockbuster
movies that can’t be filmed in America because there are more controls
there?
Wilderness must be allowed to simply ‘be’, for its plant and animal
communities, and for the opportunities it offers for human solitude
and self-reliant recreation. That is what the Wilderness Act says. There
is so little of the world left which has not been exploited for commercial
gain.
“Wilderness is not just precious, it is sacred. If we lose it, we are
lost.” – Jenny Kee
Your show of support for the Grose Wilderness on 26 April has helped
us to achieve a strategic
retreat by the feature film company!
• We were justified at Law at the Hearing on 28 April. EXISTING legislation
DOES protect our World Heritage Areas in NSW.
• The film company has withdrawn its Appeal and is moving out of Butterbox
Point.
BUT THE CARR GOVERNMENT PROPOSES TO CONTINUE ITS ATTACK ON WILDERNESS
WHEN PARLIAMENT SITS NEXT WEEK!
SO HERE’S WHAT WE WANT YOU TO DO NOW......
1. Lobby Mr Carr and Mr Debus by fax, email, phone or super-prompt
letter, expressing your opposition of any attempt the Premier or his
ministers may henceforth make to create new legislation which uses the
wilderness areas for commercial exploitation.
2. Join in a further demonstration at Parliament House, Macquarie St,
on Tuesday 4 May at 1.15pm. Be on the train departing Blackheath at
10.13am and Katoomba at 10.25am, arriving at Central at 12.22pm. Sit
in the second last carriage. Or come by car and park in the Domain Carpark.
Bring your placards and lunch box, and be in top voice!
3. Support our ‘TELEPHONE TREE”, whereby you undertake to contact at
least four (4) others of your friends or interest group, urging them
to participate in the above activities and to, in turn, contact their
own friends.
“WILDERNESS IS SACROSCANT” - Mr Justice Lloyd
Bob Carr
Premier of NSW
GPO Box 434
Sydney 2001
bob.carr@www.nsw.gov.au
9228 5239 9228 3935 (F)
Bob Debus
Minister for the Environment
PO Box A290
Sydney South 1232
bob.debus@debus.minister.nsw.gov.au
9228 3071 9228 3166 (F)
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