Thanks to those who sent messages to me about the matter of birdwatching
around the AFP complex in Belconnen.
After further discussions and a little research, I find the position
(perhaps I should say MY position) to be as follows:
1. This is not a simple issue. Unfortunately, it is one where the hard
edge of authority comes into contact with the gentle pursuit of bird study.
Both sides are likely to have different priorities in the front of their
minds..
2. There are national and local awareness programs encouraging members of
the public to report suspicious activities, a category that will sometimes
extend to unexplained surveillance activities in relation to certain
buildings or other premises. Near any kind of public thoroughfare, such
reporting is to be anticipated**. Relevant security officers (which
expression I use to include the police) will usually have an obligation to
investigate such reports. These are facts of life.
** The reporting will quite likely be by a person driving along, using a
mobile phone held in one hand, while waving the other to emphasise each
point. This is an illegal activity, but an activity much more popular than
nature study, so don't even think about reporting THAT.
3. If birdwatchers/photographers are involved in these incidents it will be
in their interest to explain their purpose as clearly and convincingly as
they can.
4. The issue of 'rights' (ie birdwatchers' or photographers' rights) is a
slightly separate one. If no unauthorised entry, or breach of conditions of
entry, is involved, there will, as a general rule, be no restriction on use
of binoculars or cameras even directed into enclosed premises that are
closed to public entry, provided the activity is not to further an unlawful
purpose. This means that in the absence of a specific restriction
non-trespassing birdwatchers looking at or photographing birds in closed
areas should not be apprehensive about doing so. However, they should
bear in mind 1.- 3 above. They should also behave in a frank and tactful
manner even if security officers appear to exceed their authority.
5. There is another concern that birdwatchers and other nature-observers
must bear in mind. A lot of refuges for wild-life are within areas that
are closed for security reasons: defence reserves, airports, security
training areas, water-treatment facilities and other areas used by public
utilities. If there is going to be official worry about such areas being
under unwanted surveillance, a likely result will be the extension of the
exclusion zone, that is areas closed to the public, particularly if already
government land, might be extended to create buffers to reduce the
possibility of unwanted surveillance.
Geoffrey Dabb
email :
ph/fax : 02 6295 3449
*******************************************************************************************************
This is the email announcement and discussion list of the Canberra Ornithologists Group.
List-Post: <>
List-Help: <>
List-Unsubscribe: <>
List-Subscribe: <>
List archive: <http://bioacoustics.cse.unsw.edu.au/archives/html/canberrabirds>
List manager: David McDonald, phone (02) 6231 8904; email
<>
|
