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 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 (DPaW) to undertake a recreational activity. Permission by way of a Lawful Authority is required if you intend to enter any cave on CALM 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 DPaW’s Caving Code of Practice (see Appendix I, part of DPaW’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 www.caves.org.au). The Code of Practice establishes a minimum standard for caving practice. DPaW 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 www.ntis.gov.au).

As your safety is a primary concern for DPaW, 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 DPaW 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 DPaW 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 DPaW 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 DPaW Esperance Office:

P O Box 234

Esperance 6450

Phone (08) 90832100

Applicant details
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
Email
Group details
Names of other persons you are travelling with.
Location
Which caves do you plan to visit?
Please attach a map (at a scale of approximately 1:50,000) showing intended locations, routes and camping sites (as applicable).
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 – Please provide separate information for each participant
Age
Medical conditions
Physical condition
Clothing and provisions profile
Equipment profile
Contact details of next of kin

This information is requested for search and rescue purposes only.

Accreditation
Are you accredited with CDAA? / Please tick YES NO
CDAA accreditation number
Copy of CDAA accreditation card attached / Please tick 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 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 DPaW 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 DPaW 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 have prepared an Emergency Management Plan (EMP), a copy of which will be held by a reliable family member or friend and activated on failing to return at the planned time. I have also lodged the EMP with the local police and the appropriate DPaW office.

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 requirements that I am required to hold a valid accreditation with CDAA.

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: http://www.caves.org.au/index.php/administration/codes-and-standards

Further Details

______

______

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 DPaW office.

PUBLIC RISK INSURANCE

Name of Insurer

Policy Number

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

I:

(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,

(i)  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 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 / ……………………………………… ………………………………………
Signature Name
……………………………………… ………………………………………
Witness Name
Company Pty Ltd (executed in accordance with section 127(1) of the Corporations Act 2001 (Cth)) / ……………………………………… ………………………………………
Signature of director or secretary Name
……………………………………… ………………………………………
Signature of director Name
……………………………………… ………………………………………
Witness Name
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
……………………………………… ………………………………………
Witness Name

DPaW OFFICE USE ONLY

Endorsements

District Manager
Date sighted
Name
Signature

DPaW 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 (DPaW).

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

1.

2.

3.

DPaW CONTACT

Name
Office
Phone / Fax / Email
After hours
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 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 DPaW.

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).