Rock climbers poised for legal fight over Grampians ban

Parks Victoria is facing unpreced­ented legal action for banning climbers from most of the world-famous routes in the Grampians.

Parks Vic­toria has been told the Grampians climbing ban is not supported by the regu­lations used by the government to block the pursuit in much of the park. Picture: Simon Carter

Parks Victoria is facing unpreced­ented legal action for banning climbers from most of the world-famous routes in the Grampians National Park.

Lawyers for the Aust­ral­ian Climbing Association Victoria are seeking to overturn the ban over an estimated 500sq km of the park imposed at the start of the year.

In a major embarrassment for the Andrews government, Parks Vic­toria has been told the climbing ban is not supported by the regu­lations used by the government to block the pursuit in much of the park.

The ACAV, through its lawyers, says the bans may be legall­y unreasonable by sing­ling out rock climbing at the expense of other recreational pursuits.

Concern has also been raised about the duration of the bans and because climbers believe the bans are undefined and create uncertainty around where the prohibited areas are.

This is because, it is alleged, Parks Victoria has failed to display signs at or near the entrance to each of the affected areas.

Bleyer Lawyers has said its clients­ want to engage with Parks Victoria and traditional owners to ensure there are no risks to cultural heritage or the environment.

“ACAV and its members have expertise that will assist in formul­ating long-term solutions,’’ the legal firm said in a letter sent this week.

“However, in view of the severity of the current measure taken, and done without consultation or adequate consultation, our client cannot let the matter drift, noting also that there are time limitations on commencing proceedings to have the set-aside determination quashed.

“Therefore, to be clear, if Parks Victoria is not prepared to revoke the set-aside determination, we are instructed to commence proceedings for judicial review of the decision without further notice, and this letter may be produced to the court on the question of costs.’’

A Parks Victoria spokesman said the agency would “respond to that in due course”.

The legal letter marks a signif­icant escalation in the dispute ­between climbers and the government. It also comes as the government is overseeing elections to enable its treaty process with indig­enous people to proceed.

Parks Victoria imposed bans at the start of the year, closing an estim­ated 500sq km to climbing.

Climbers have been told ­penalties of up to $1.6m can apply to groups that fail to protect ­indigenous heritage, such as rock art.

Parks Victoria argues that the climbing bans, pending a new management plan, are needed becaus­e climbing has the potential to damage cultural heritage and the environment by installing fixed anchor points that damage rock shelters and art.

The government also says vegetatio­n has been stripped by climbers, changing water flow and causing erosion.

The government has accused climbers of illegally building fireplaces and making illegal paths in the park.

Parks Victoria called a roundtable discussion with climbing groups on August 20 in a bid to limit the public relations fallout from effectively blocking most of the best climbing and teaching routes in the park, leading to a collaps­e in adventure tourism, but the climbing association’s lawyers have flagged that the ­government should, at the least, engage in a form of mediation.

“If Parks Victoria does not revoke­ the determination, we invit­e it to participate in a meeting with ACAV regarding the set-aside determination and the future­ planning and management of the Grampians National Park,’’ it wrote on September 2.

“Being conscious of time constraint­s within which proceedings may be commenced, we emphasis­e that such a meeting should be done promptly.’’