Application for Lawful Authority to Access the Nullarbor Caves

INFORMATION FOR APPLICANTS

Western Australia has a remarkable diversity of caves and other karst features. A significant number of these caves and karst features are situated on land managed under the Conservation and Land Management Act 1984 (CALM Act land) and several hold important recreational and scientific research opportunities. The Nullarbor caves and associated features play a critical role in a much larger karst system of world and national significance for a range of natural and cultural resources (e.g. geological, paleontological, archaeological, biological and indigenous and non-indigenous cultural heritage). Although the area receives relatively low visitor numbers due to its remoteness, it is extremely fragile and vulnerable to the level of use currently received.

Caves require careful protection and management and once damaged, caves decorations (speleothems) and other features may never recover or could take thousands of years to re-establish and thus must be treated and managed as non-renewable resources.

This form needs to be completed if you intend to visit the Nullarbor Caves and selected karst features in parks and reserves in the Nullarbor managed by the Department of Parks and Wildlife (Parks and Wildlife) to undertake a recreational activity. Permission by way of a Lawful Authority is required if you intend to enter any cave on CALM Act land. This lawful authority is required pursuant to Regulation 49 (4) of the Conservation and Land Management Regulations 2002 (CALM Regulations).

Because of the sensitive environment and the dangers involved in accessing these caves and karst features access is by permission only and they are not open to the public. Lawful authority will only be issued to cave divers, speleologists and scientists who have a demonstrated the necessary level of experience and qualifications.

Access to and use of caves by all persons will be provided in accordance with Parks and Wildlife’s Caving Code of Practice (see Appendix I, part of Parks and Wildlife’s Policy 18) which has adopted parts of the Australian Speleological Federation (ASF) Code of Ethics and Conservation and the ASF Minimal Impact Caving Code (refer < The Code of Practice establishes a minimum standard for caving practice. Parks and Wildlife maintains a liaison with the ASF, the Cave Divers Association of Australia (CDAA) and representative cave divers with regard to access requirements and management for caves that it manages. To assist with the future management of the caves, you will be required to submit trip reports for archival and monitoring purposes, detailing any scientific evaluations or information obtained.

The ASF Code of Ethics and Conservation, the ASF Minimal Impact Caving Code and the ASF Cave Diving Code of Practice will apply to all sections of caves used for cave diving. Details on Australian National Competencies for Caving and Diving are available from the National Training Information Service (refer

As your safety is a primary concern for Parks and Wildlife, this form can provide details that will assist in the event of an evacuation or rescue in such cases as wildfires, severe weather events or visitors needing assistance in an emergency. By providing your location to Parks and Wildlife and having the correct equipment to deal with the challenges presented in these areas, it will help emergency authorities to assist you if necessary.

Please discuss your plans with the Esperance Parks and Wildlife office (see below) at an early stage of your application for lawful authority or if have any other questions.

This form should be used for non-commercial activities only. If you intend to conduct a commercial operation you must complete an application for a commercial operations licence.

Additional licences, permits, approvals may also be required under other legislation. If in doubt, please contact the Parks and Wildlife Esperance office.

Applications must be received 28 days prior to commencement of the activity. Applications not received within this timeframe risk not being approved.

Contact the Parks and Wildlife Esperance Office:

P O Box 234

Esperance 6450

Phone (08) 90832100

PART 1 – Applicant details

Applicantdetails
Name of applicant/group
(Person / Company Pty Ltd / Incorporated association only)
If incorporated, please provide certificate of incorporation.
Address
Contact phone number / (W): (H):
Mobile
Satellite phone number(if available)
Email
Group details
Names of other persons you are travelling with.
Location
Which caves do you plan to visit?
Dates of activities
Start date: / Finish date:
Itinerary
Activity/Activities
Activity / Please tick / Details (locations, dates etc)
Are you planning to camp in proximity to the caves? / YES NO
Are you planning to light a campfire? / YES NO
Are you planning to drive or use a vehicle other than on a road? / YES NO
Are you planning to drive or bring an off-road vehicle (i.e. a vehicle which is not registered under the Road Traffic Act 1974 (WA))? / YES NO
Are you planning to carry out other activities in respect of which lawful authority is required under the CALM Act or CALM Regulations? If yes, insert details. / YES NO
Typeofactivity:
Vehicle/vessel parking arrangements
Make/model / Colour / Registration number / Location
Search and Rescue information.
This information is requested for search and rescue purposes only.
Do you have an emergency management plan? / YES/NO

PART 2 – Checklist, Insurance Details and Indemnity

The checklist below is to be completed by ALL, including Government schools, departments and agencies and non-Government organisations (e.g. private schools, community groups).

The remaining of Part 2 of this form needs to be completed if you are part of non Government organisations (e.g. private schools, community groups). Government schools, departments and agencies are not required to complete the insurance details and the deed poll sections of this Part 2.

Checklist

At least one member of my group will carry a satellite phone.

At least one member of my group will carry a registered 406MHz Personal Locator Beacon.

I understand that Parks and Wildlife is not responsible for any search and/or rescue operation or any costs that may be incurred for such operations by me or other members of my group.

I am aware of the risks associated with intended travel to remote parts of the Nullarbor and that access is limited, communications may be poor or non-existent, extended recovery times in case of emergency may apply and factors outside of the control of Parks and Wildlife such as unplanned bushfires may impact on our excursion.

I am aware of appropriate actions to take in the event of bushfire, injuries or other emergency.

I am aware that an Emergency Management Plan (EMP) has been prepared for this activity.

I am aware that non-life threatening recovery from remote locations may require the use of a helicopter. I have preparations in place with suitable companies with suitable aircraft to facilitate any recovery (please add in Further Details below).

I am aware that helicopter recovery may exceed $5,000, and I have sufficient resources or insurance to cover non-life threatening recovery using a helicopter.

I understand the requirementto have an appropriate cave diving qualification before attempting scuba diving within the caves.

I have read and understand the ASF Code of Ethics and Conservation, the ASF Minimal Impact Caving Code and the ASF Cave Diving Code of Practice. See:

Further Details

______

Diving Accreditation
Do you have a cave diving certification? / Please tick YES NO
Certifying Agency
Accreditation number (if applicable)
Certification Level
Copy of certification card attached / Please tick YES NO

The following public risk insurance section and the deed poll are to be completed by non-Government organisations (e.g. private schools, community groups) only. Government schools, departments and agencies are not required to complete those sections.

Public risk insurance

Community and other groups who owe a duty of care to the participants carrying out the activity may be required to demonstrate they have public risk insurance. If you are unsure, please contact the Esperance Parks and Wildlife office.

PUBLIC RISK INSURANCE

Name of Insurer
Policy Number
Amount of Coverage
(Must be a minimum of AUD$10 million) / Expiry Date
Deed Poll

(Name of Person / Company Pty Ltd / Incorporated association)

(a)certify that to the best of my knowledge the information provided within this application is true and correct in every detail; and

(b)do hereby agree to release and indemnify and keep released and indemnified the Chief Executive Officer of the Department of Parks and Wildlife, the State of Western Australia, the Water Corporation, and each of their employees, contractors and agents (“the Indemnified Parties”) from and against all:

(i)claims, demands, actions, suits, and proceedings (whether under the law of contract, tort, a written law or otherwise); and

(ii)damages, liabilities, losses, costs (including legal costs) and expenses,

which may be made or brought against or suffered or incurred by the Indemnified Parties arising from, or in connection with, my activities on, use of, or presence on CALM Act land, except to the extent that any claims, actions, demands, suits, proceedings, damages, liabilities, losses or costs made or brought against, suffered or incurred by the Indemnified Parties are as a result of the Indemnified Parties’ negligence.

Executed as a deed on………………………………………

Date

Person / ………………………………………………………………………………
SignatureName
………………………………………………………………………………
WitnessName
Company Pty Ltd (executed in accordance with section 127(1) of the Corporations Act 2001 (Cth)) / ………………………………………………………………………………
Signature of director or secretaryName
………………………………………………………………………………
Signature of directorName
………………………………………………………………………………
WitnessName
Incorporated Association (executed in accordance with section 14(1)(b) of the Associations Incorporation Act 1987 (WA)) / ………………………………………………………………………………
Signature of person with authority Name
to bind the Incorporated Association
………………………………………………………………………………
WitnessName

Parks and Wildlife OFFICE USE ONLY

Endorsements

District Manager
Date sighted
Name
Signature

Parks and Wildlife OFFICE USE ONLY

CONSERVATION AND LAND MANAGEMENT REGULATIONS 2002 Regulation 4 (1)

LAWFUL Authority TO ACCESS THE NULLARBOR CAVES

This lawful authority is a written notice for the purposes of regulation 49(4) of the Conservation and Land Management Regulations 2002 (the regulations) and it grants lawful authority to the person named herein as the authority holder to enter or remain in a cave specified below (in the Nullarbor), an act that would otherwise be unlawful under the regulations.

This authority is not valid without the signature of the Chief Executive Officer or a delegate of the CEO (Regional or District Manager/Regional Parks Manager) of the Department of Parks and Wildlife (Parks and Wildlife).

The Chief Executive Officer of the Department of Parks and Wildlife hereby grants to:

Lawful authority to access/conduct ______activities in the following Nullarbor caves:
This lawful authority is issued subject to the provisions of the Conservation and Land Management Regulations 2002, the terms and conditions set out in Schedule 1 and Schedule 2 – Additional Site Specific Conditions, (attached if applicable).This lawful authority is valid for the period specified below:
Start date: / Expiry date:
Name: / Signed:

District or Regional Manager/Regional Parks Manager Date----/------/------

As a Delegate of the CEO under Section 133(2) of the Conservation and Land Management Act 1984

OFFICE USE ONLY

CONDITIONS OF APPROVAL

Parks and Wildlife CONTACT

Name
Office
Phone / Fax / After hours
Email

APPENDIX I

The Department of Parks and Wildlife’s Caving Code of Practice

Towards Management Authorities and the General Public

1.Where required, cave visitors must have specific permit approval before entering any cave. They will enter only caves authorised by the relevant permit and at the permit specified times. All permit or other entry conditions must be complied with.

2.The prevailing procedures regarding nearby camping areas will be followed and care taken to prevent damage to signs, equipment, wildlife or landscape features. In short, leave area as found, with particular emphasis on complete removal of all rubbish.

3.All cave visitors will be as self-sufficient as possible in terms of water, supplies, assistance required, etc.

Towards caves and karst

1.Caving activity must be conducted in a manner responsible to the cave environment, taking particular care to avoid damage to speleothems, sediments, biota and other natural phenomena. The maximum and minimum size of any party will be limited to that authorised by the relevant permit.

2.Cave entrances and passages should not be excavated/enlarged, water levels in sumps should not be modified and stream flows should not be diverted without prior consent of Parks and Wildlife.

3.Established marked routes must be used: single tracks should be followed and care taken to avoid needless deposition of mud. Mud throwing or modelling is unacceptable.

4.All human introduced wastes must be removed from the cave and disposed of properly.

5. Cave visitors will not light fires or smoke in any cave.

6. Caves must not be disfigured by unnecessary marking (including direction arrows).

7. Disturbance should not be caused to any biotic community. No disturbance should be caused to maternity or over wintering roosts of bats. Sampling of wildlife (dead or living), palaeontologic material, or archaeological material will not occur without special permit approval.

8. All cave visitors will carry at least one light source (but preferably two or more sources) and wear a “fasten-on” head helmet where practicable when in a cave. Light sources should be adequate for the planned duration of any particular trip. Trip Leaders are responsible for the gear worn by each member of his/her group.

9. No person will be coerced to go underground/through squeezes, etc.

10. When underground, no trip member will be deprived of any light source (except to aid in emergency).

11. Policy guidelines for recreational abseiling (see section 2.3) must be followed in caves and karst features such as dolines that may attract recreational abseiling outside of essential cave access and exploration requirements.

Table A – Parks and Wildlife Cave Management Classification System (2006)

PUBLIC
ACCESS / TOURIST CAVE
(Guided or self-guided) e.g. Crystal Cave, Yanchep National Park (YNP);
Calgardup Cave, Leeuwin Naturaliste National Park (LNNP). / General public /

Developed and managed for tourist use and/or as an educational resource.
Clearly signposted with access restricted to specified times.
Payment of a fee required for entry.
Infrastructure installed to facilitate access, decrease visitor impacts and improve safety.

ADVENTURE CAVE
– Class 1
e.g. Tunnel Creek, Kimberley. / General public /

May be required to register at the cave entrance and/or pay a fee.
May be some infrastructure and signage to decrease visitor impacts and improve safety.

ADVENTURE CAVE
- Class 2 (horizontal)
e.g. Golgotha Cave, Calgardup Window Extension (LNNP)
Yonderup Cave, Mambibby Cave (YNP).
- Class 3 (Vertical)
e.g. Mill Cave (LNNP) / Novice groups (general public) lead by an experienced leader, e.g. school groups and licensed commercial tour operators.
Speleologists. /

General protection
Entry permit needed.
Parks and Wildlife approved leader needed.
May be limited infrastructure.

RESTRICTED
ACCESS / Restricted Access
Note: All caves are in this category unless designated otherwise.
(Refer to Parks and Wildlife’s Policy 18, Caving section, policy guidelines). / Experienced and responsible speleologists, scientists. /

Maximum protection
Entry permit needed
Parks and Wildlife approved leader needed.
Speleological club visits.
Research, monitoring or management purposes.