Tag Archives: legislation

Thwarted by barriers

I am deeply dispirited. I have some sad news. My impulsive project to walk from the mouth to the source of the Derwent River will be thwarted by greed and other human characteristics of a negative nature. Despite this situation, I am working on a new plan to reach the source of the Derwent River at Lake St Clair Lagoon in a physical and meaningful way and, once I have fleshed out the details, a future post will offer an explanation.  Meanwhile, after you read the following, your suggestions will be most welcome.

During stages 1-14, from time to time I recorded how access to the actual river edge was sometimes denied me because properties were fenced and gated.  I bemoaned the fact that across Tasmania, in many instances the law provides that property owners own land and water to half way across rivers. While a ‘grace and favour access’ or by ‘a permission granted approval’ process exists in some places, much of our river edges cannot be walked freely.  Yet in so many European countries ‘right of way’ paths and walking trails across the land have been taken for granted for centuries so there is much more freedom to simply enjoy being outdoors.  Non-indigenous settlement is too recent in Tasmania so a criss-cross of ‘ancient’ walking paths has not been established, and the pathways of the inhabitants prior to settlement, the aborigines, either have been obliterated or knowledge of their location is not easily available to the non-indigenous population.

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Photo of the Derwent River taken through a house block on the western edge of the town of New Norfolk.

The damage is done and to repeal laws and ‘take away’ land from owners would be political suicide, and cries of unfairness and for expensive compensation would abound. I can imagine the legislation arose partly from consideration of the practicality as to who or which organisation would maintain the thousands of kilometres of river edges across Tasmania and keep them clear from bracken, blackberry brambles and exotic weeds.

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Can you spot the River through these profusely growing weeds?

While walking for leisure purposes has a history in Tasmania since the beginning of European settlement, our early legislators did not have a crystal ball to see that the 21st century is one in which many people want a healthy lifestyle that involves exploring and accessing our natural environment without barriers.

Unfortunately, a damaging minority of people are greedy, thoughtless, and cannot be trusted to meet their promises.  The consequence is what I found during Stage 15 and what I can foresee for Stage 16.  I soon realised that almost no free/public access to the River exists between New Norfolk and Gretna, and it seems this will also be true for any future inland push along the River.

After leaving New Norfolk on the westward proceeding Glenora Road on the southern/western side of the Derwent River, I soon registered paddocks and more paddocks had been recently re-fenced with fresh spiky barbed-wire.

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Note second fence line inside and parallel to the barbed wire fence line.

This year, the Australian Federal Government budget made a concession for small business owners and granted an immediate full tax deduction for expenses up to $20,000.  My conclusion was that farmers in the Derwent Valley grabbed this opportunity and used it to protect the limits of their properties.

As a child my father showed me how to pass through barbed wire fences. The process is best with two people but one can do it. You put your shoed foot on a lower strand of wire to hold it down, then pull the next one up and slip through the enlarged space hoping not to be spiked by the barbs.  But today’s farmers in the Derwent Valley know this trick. Since they don’t want people on their land, the wires are now extremely taut and the spacing between many lines of wire is only about 10-15cm.  If an adult expects to pass through the barbed wire fences of Derwent Valley farmers then Dad’s technique cannot work.

Barbed wire fences were not my only barrier to accessing the Derwent River.  Gates presented insurmountable challenges.  Almost all gates that I arrived at were padlocked. That hasn’t always stopped people accessing a property because the use of strong square wires or other metals in gate construction usually helps you with a footing to lift up and over the top.  Not so with many Derwent Valley farmers’ gates.  The new gates either are ringed in barbed wire or are wrought iron with high straight verticals which provide no place for feet.  For me these were unclimbable.

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Very occasionally I came across older fencing that had minimal or no barbed wire and seemed very climbable. But alas. These fences had an additional strand attached; an electrified line. Intended to keep the cattle in and from trampling fence lines, these electric fences were an absolute barrier for walkers like me.

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In places, farmers had cleverly left overgrown tangles of thorny blackberry canes that extended down paddocks and into the river, as an impossible barrier near their fence lines.

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I came across signs such as ‘Private Property’ and on one occasion the sign warned that ‘Trespassers would be prosecuted’.

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Even access was limited to the very open Sports Ground at Bushy Park, one which contains almost no infrastructure. This Sports Ground edges the Styx River as it flows into the Derwent River.

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The sign pictured below was particularly annoying because it was suggesting that permission might be given if a request was made. However, I couldn’t get access to ask for permission to walk across the land.  Once on the spot, there was no way to discover who the landowner was and then to somehow connect with them using technology.

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On a particularly wonderful luscious green hill that wound around the Derwent heading for Gretna, one where walking close to the river would have been a great pleasure, the sign ‘Trespassers will be shot’ was a strong deterrent.

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During my walk I had decided that perhaps anglers had not respected the limited access they were given to the River at key points, via styles over fences. I mused that perhaps fishermen had strayed further than permitted, wrecked fences and generally not left the land as they found it.

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Blog follower Jo told me a story of how a few men had prearranged with a landowner to come and fish in his dam. After their weekend of fishing they emailed the landowner with thanks for the opportunity to take home 50kgs of fish. Needless to say, this greed was rewarded by the owner telling the fishing party never again to ask for permission to enter his land.

Later at the Gretna Green Hotel where I waited for the bus back to Hobart after completing the Stage 15 walk, I talked with a local about the reason for the impenetrable barriers to properties.  Apparently wood lifting, and cattle and sheep rustling used to be rife in the Derwent Valley until farmers closed their borders.  Not only would people drive onto properties to chop down trees and collect sufficient fire wood for their own personal needs, they would bring trucks in and take loads away to sell.  All without the permission of the land owner.  Similarly, whole cows and sheep would disappear in their droves overnight.  Regularly.  Modern day farmers’ costs are high, their income comparatively low for the hard work they put in, and so they were unprepared to subsidise the living of others. Their fences and gates have become good barriers – not perfect, because occasionally some unscrupulous wanderers bring bolt and fence cutters.  Nevertheless, as a walker with no intent to leave my mark on the land, I cannot proceed.

In my last steps walking into Gretna, I passed the two paddocks through which I envisaged Stage 16 would start. But both had impassable fences and gates with padlocks.  For the next stage, which was expected to cover the area from Gretna to Hamilton via the river, there are at least 4 property owners and who knows how many padlocked gates, bramble congested river edges, barbed wire and electric fences. It is not realistic to ask owners to come and unlock the padlocks and then relock them after I pass through.

While it is true, and you will read details in future posts, that I did access the river from time to time during Stage 15 and experienced some wonderful locations, for most of the walk I was deeply depressed about the limitations under which my project is being placed. I am pleased that writing this post has helped purge some of that anger and frustration. Now that the situation has been recorded, I feel much more ready to be positive again and determine a new way  to reach my goal.  The goal remains the same, but the process must be modified.

Wilderness – what is it?

The word ‘wilderness’ has different meanings depending on context. Dictionaries offer a range of similar meanings:

  • An uncultivated, uninhabited, and inhospitable region. Neglected or abandoned.  A large area of land that has never been developed or used for growing crops because it is difficult to live there. (Oxford)
  • An unsettled, uncultivated region, especially a large tract of land that has not been significantly affected by human activities. A barren or desolate area; a wasteland. Something characterised by bewildering vastness, perilousness, or unchecked profusion. (The Free Dictionary)
  • A wild, uncultivated region, usually where humans do not live. Any desolate tract or area. (WordReference.com)
  • A tract or region uncultivated and uninhabited by human beings. An area essentially undisturbed by human activity together with its naturally developed life community. An empty or pathless area or region. (Mirriam Webster dictionary)

From Old English used in the 13th century, the word ‘wilderness’ is derived from wild dēor ‘wild deer’, wilddēoren ‘wild beasts’, and from wildēornes, ‘land inhabited only by wild animals’. From Middle English, wildern is ‘wild’.

Reflecting on these varying definitions, I realise some of the meanings ring true particularly in relation to the land along the Derwent River between Lake Catagunya and Derwent Bridge (I anticipate this part of the River will take at least 8 days to walk, over three stages).

Lake Catagunya to Derwent Bridge

The sides of the River will be uncultivated and uninhabited. Its dense forest, littered with generations of massive tree falls, will make some sections relatively inhospitable.  The only markers of human kind will be parts where old growth logging has or is occurring, and where the infrastructure associated with dam construction across the Derwent River has occurred and is being maintained.  The area will not be barren, desolate (although I might feel desolate when penetrating some of the denser bush hour after hour), and it is not neglected, abandoned nor a wasteland.  This wilderness will be rich with flourishing flora and fauna, have profound connections with the original indigenous population pre-European settlement of Van Diemen’s Land, hold a social history with the settlers who moved inland in the 1800s and 1900s, and include an occasional contemporary history with photographers, tourists and fishermen.

The United States of America has proclaimed special legislation. ‘The Wilderness Act bans all kinds of motors, roads, and permanent structures from large tracts of American territory. It provides a legal definition of wilderness, as land that’s “untrammelled by man” with a “primeval character and influence”.’  You can read more at this site.  What is the Australian situation?

The Wilderness Society of Aus logo

The Wilderness Society of Australia summarises our state-based rather than national legislation in relation to the wilderness. ‘Dedicated wilderness legislation exists in NSW and SA, which allows the nomination, assessment, declaration and management of wilderness. In other States, such as Victoria, Queensland, WA and the ACT, management of wilderness is provided for under general nature conservation legislation, with varying degrees of usefulness in terms of actually ensuring identification and appropriate protection.’

In Tasmania we have a range of legislation including the most recent Tasmanian Forest Agreement Act that was negotiated to include the requirements of the Tasmanian Wilderness World Heritage Area (TWWHA) – that is, those parts of Tasmania which have been recognised with World Heritage listing for their natural and cultural heritage that is important to the world community.  Tasmania’s Nature Conservation Act talks about biological and geological diversity, and historic sites and provides regulation for our fauna (and strangely it also covers animals which do not live in Tasmania such as dingos and wolves) and flora. The word ‘wilderness’ does not appear.

stock-photo-64271807-walking-boot-and-bike-tread-marks-on-muddy-trail(Image is a free iStock photo)

The land on which I will walk has been walked for thousands of years originally by our indigenous ancestors and more recently by their descendants and European settlers. However, there will be parts on my trek which will not have had many footfalls because of the isolation and the forest density.  Unless there was a purpose such as surveying the Derwent River as part of planning to build dams, sensible people would travel from Lake St Clair towards the coast  via the region around the township of Ouse, or by more hospitable routes. With or without the word ‘wilderness’ being written into our state legislation, much of the inland edges of the Derwent River edge are undoubtedly genuine wilderness.

Limited access roads, and limited direct access to the river from the land: Stage 14 of my walk along the Derwent River

A few times during my Stage 14 walk I noticed a sign ‘Limited Access Road’ and sometimes another sign indicating the Roads and Jetties Act 1935. This was true, for example, in the Sorell Creek area as I walked to New Norfolk. I wondered if this was Tasmanian state legislation affecting land ownership to the edge of the Derwent River.  Blog followers will have read my annoyance at not being able to walk along the exact river edge from time to time, because private property occupies the space and this is often gated and fenced. On my return home from the Stage 14 walk, I delved deeply into various pieces of legislation and other sites. This is what I discovered.

At http://www.ifs.tas.gov.au/publications/river-access-angler-rights-and-responsibilities, I learned that angler rights and responsibilities were as follows: “All anglers have an important role in maintaining good relations between landowners and the angling community. Firstly, anglers should understand that access is a privilege not a right, and secondly, when in doubt, ask permission. In Tasmania, most private land titles extend to the bank of the river and some titles extend to the middle of the river. This can mean that you may be trespassing, which is a criminal offence, even if you are wading in the river.

Rivers also flow through public land such as Crown Reserves, State Forests, National Parks, Hydro property and Conservation Areas. Whilst public access is usually permitted, different entry conditions may apply depending on the management authority.

The Inland Fisheries Service has been working to develop access to angling waters with a focus on improving foot access to major river fisheries. Much of this has involved negotiating with landowners and establishing formal agreements regarding access for anglers. Access points are now clearly marked with signs at the access locations on seven major river fisheries around the State.

Apart from registered private fisheries, Tasmania’s fishery is public property – the fish are not the property of the landowner. However, the land that surrounds public water is subject to title and the rights of the landowner to control access to the river or lake is at their discretion. Anglers must ensure that they are on public land or that they have sought the permission of the landowner to access the river or lake they wish to fish.

The majority of lakes in Tasmania exist on Hydro Tasmania or reserve land (Crown, National Parks etc) and public access is generally permitted across the land to the lakes and around the lake shores. Hydro does control access to areas where there is infrastructure or there are safety issues with public access. These areas are generally signposted with appropriate warnings.

Rivers generally traverse a number of different land tenures along their length, which may be a combination of reserves and private land. Land title generally extends to the edge of the river, and occasionally to the middle of the river. Land tenure can be searched on the LIST Tasmanian Property Database (www.thelist.tas.gov.au). Another useful tool is the Tasmanian 1:25000 map series, available from Service Tasmania. These show river reserves where they exist and anglers are permitted to access these areas provided they do not have to cross private property to reach them. The most important principle is ‘Access is a privilege not a right – when in doubt ask permission’.”

Stiles across fences have been installed for anglers and I saw a few of these during Stage 14 of my walk along the Derwent River.  These usefully provide access to sections but do not allow a continuous uninterrupted walk along the river’s edge.

 Stile jpeg

An 2007 article on the site http://www.exploroz.com/Forum/Topic/45914/Public_access_to_waterways_on_private_land.aspx

confirms this situation is similar across Australia, and it debunks some myths.

How does this get changed to allow easy public access to the river in Tasmania?  The permission must come from a State government minister under the Crowns Act 1976 (http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=28%2B%2B1976%2BGS74%40EN%2B20131211000000;histon=;prompt=;rec=;term=). Clause 57 states: “Reservation of land abutting on streams. Where, in the opinion of the Minister, it is desirable to reserve Crown land –

(a) abutting on any permanent river, stream, or lake; or

(b) that is contiguous to the sea or an estuary –

he shall reserve, from any sale of that Crown land, land to the extent of at least 15 metres in width on each bank of the river, stream, lake, or the high-water mark of the sea or estuary.” I cannot imagine any government minister taking ‘rights’ away from current owners, so the chances of my lobbying successfully for a clear walking path next to the Derwent River are probably zero and zilch.

By the way, the interpretation clauses of the Roads and Jetties Act 1935 includes: a “country road means a road not being or forming portion of a State highway or subsidiary road, but does not include a street in any town”. I was reminded of an earlier post which tried to determine how a ‘back road’ might be defined.