Carl,
NTP&W not only has the right, they have the legal responsibility under work
health and safety laws to restrict access to their sites by people who
haven't been inducted and had the hazards at the site explained to them.
It's actually the other way around from what you describe: they are legally
responsible from a public liability standpoint for visitors (unlike
commercial contractors.) But you are right that if as an inducted person you
take an un-inducted person into the WTP, you would have a responsibility to
ensure they obey the rules and don't get hurt.
I'm a health and safety consultant by profession, and I've also been the
volunteer safety officer for the Victorian Malleefowl Recovery Group for
over 10 years. We take a strenuously professional approach to safety - all
our volunteers have to be trained and all have to make daily scheduled
call-ins to safety officers when in the field, otherwise we ask Parks
Victoria rangers to go out and check they're OK. Taking safety seriously has
been really important in keeping ongoing support (including financially)
from PV for our work.
I really encourage all volunteer conservation groups to get smart about
safety. If you behave responsibly and professionally TPTB* will support you.
If not, they can make life hard, because you make their life hard.
Cheers,
Ross Macfarlane
*-he -owers -hat -e
-----Original Message-----
From: Carl Clifford
Sent: Friday, September 23, 2011 9:45 AM
To: Chris Sanderson
Cc: Peter Kyne ;
Subject: NOTICE: Application for Permits at Leanyer
SewageFarm, NT
Hi Chris,
I was not arguing for any side. I was just pointing out the possible
legal implications for authorised key holders who allow non-inducted
people to accompany them or loan keys to (which I believe does happen)
NTP&W make the rules, as does any landholder, for access to their
property and we must follow them. If people do not follow NTP&W's
rules, we are likely to see birders locked out of Leanyer completely.
Cheers,
Carl Clifford
On 23/09/2011, at 8:41 AM, Chris Sanderson wrote:
Hi Carl,
You are spot on, but I think you are looking at this issue from the
wrong side - part of the reason for refusal to renew permits was that
NTP&W's concern that people were entering Leanyer without having done
an induction, illegally. Some were sneaking in behind others with
keys, others were getting in having borrowed a key. Essentially the
kind of behaviour you are arguing birders should be able to continue
almost spoiled it for everyone. For a while it looked like birders
might not be allowed back in at all! So to be honest, if organising
to do an induction is too much of a hassle for your holiday, then
maybe choose another site to bird at.
I briefly flagged these issues when the original closure happened back
in October last year:
http://bird-o.com/2010/10/02/living-leanyer-a-birding-jewel/
No one has said key holders won't be able to take non-inductees with
them at this stage, so perhaps that will still be allowed? Personally
I'm glad that locals in NT have been able to work with NTP&W to
arrange access again, it would have been sad if the closure had
remained permanently.
Cheers,
Chris
On Thu, Sep 22, 2011 at 7:15 PM, Carl Clifford
<> wrote:
Hi Simon,
Well, that opens a can of worms. NTP&W making an OH&S induction course
a condition for a permit places any permit holder who allows a person
who has not completed the induction to accompany them to Leanyer in an
invidious position. NTP&W has shifted the public risk liability onto
the permit holder who allows any non-inducted person to accompany
them. Permit holders who give their key to anyone who has not been
inducted, and allows that person to go into Leanyer by themselves, may
well find themselves even further in the legal deep end.
This policy may well result in hiring professional guides with public
liability insurance, the only way for visiting birders to visit Leanyer.
Carl Clifford
On 22/09/2011, at 4:31 PM, Simon Mustoe wrote:
Hi,
Peter Kyne has requested that we kindly pass on information from NT
Power and Water, regarding access to Leanyer Sewage Farm. Note, the
application for a permit will only suit locals and the deadline is 30
September. Here is his message:
Dear NT Birders,
To assist Power and Water in arranging access to Leanyer Sewage
Ponds, they have asked to I co-ordinate a list of all of those people
interested in obtaining a permit to access the ponds. At this stage
please use me as a central contact point rather than individually
contacting Power and Water.
This is the first step for Power and Water to begin preparing
indemnities and keys, and in upgrading their database. Following this
will be an induction process,
with Power and Water looking at a group induction in the first
instance. Date and time to be advised in due course. So please, don’t
apply if you are not able to make yourself available for this induction,
thanks ; )
If you wish to obtain a permit, please advise me of the following
details by 12 noon FRIDAY 30 September:
1. First name and surname
2. Email address
3. Residential address
4. Phone number (home/mobile)
5. If you are a member of the NTFNC
Permits will be issued for a 3 year period with a $50 key deposit.
Previous key deposits will be honoured.
Many thanks, Pete Kyne
Peter Kyne, PhD
Tropical Rivers and Coastal Knowledge
Charles Darwin University
Darwin 0909 NT, Australia
Ph: 08 8946 7616
Mob: 0435 139 322
For more information on Leanyer and birding in the Top End,
http://bird-o.com/northern-territory-and-the-top-end/
Regards,
Simon.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Simon Mustoe
Tel: +61 (0) 405220830 | Skype simonmustoe | Email
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