LIVE-#2788660-v1-Agenda - Infrastructure Services Committee 17 … · 2010. 11. 12. · 49 Agenda...

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Agenda – Infrastructure Services Committee – 17 November 2010 - #2766660

INFRASTRUCTURE SERVICES COMMITTEE

17 NOVEMBER 2010

5 PROPOSED BABINDA BOULDERS NO GO ZONE Ross McKim:RR:#2715185

RECOMMENDATION: That pursuant to Local Law 26 (Parks and Reserves), Council creates a ‘No Go Zone’ over the Devil’s Pool area of the Babinda Boulders.

INTRODUCTION: The Babinda Boulders is a popular destination for visitors and locals alike. They provide an opportunity to go for a walk through the rainforest, to have a picnic with friends and family or to go for a swim. A short walk from the main car park and picnic area is a location known as the ‘Devil’s Pool’ where Council has erected signage warning visitors not to swim for safety reasons. This report recommends strengthening this existing provision through the creation of a ‘No Go Zone’.

BACKGROUND: Cairns Regional Council has the control and management of the Boulders Reserve. As such it provides recreational facilities within the reserve which it operates and maintains. Council invites the public to use the area and hence has a duty of care in relation to the reserve. This duty of care is met through the provision of official signage advising of prohibited activities, the provision of well maintained infrastructure and twice weekly inspections of the area by Council Officers. Visitor’s information signage is also provided on site along with a brochure on the reserve available through the Babinda Visitor’s Information Centre. Seventeen (17) deaths have resulted from people going swimming at the Devil’s Pool. The last fatality occurred in 2008 and is currently being investigated by the Coroner. Council has prepared a submission and attended a pre-coronial inquest into this death. At the pre-coronial inquest hearing, the Coroner suggested that Council should consider the creation of a No Go Zone over the Devil’s Pool area. Subsequently Council Officers investigated the land tenure, investigated the ability to establish a No Go Zone under Council’s local laws, and researched whether other surrounding Council’s had established such a zone. Council Officers have also discussed the option with the local traditional owners. The land is State Government Land in trustee to Council. The actual waterway is uncontrolled state land (refer to attachment 1).

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Prior to the introduction of the Local Government (Operations) Regulation 2010, Cairns Regional Council had no control over the beds and banks of the water courses and lakes within the Boulders Reserve because all rights to use, flow and control of all water in Queensland is vested in the State. Section 7(2) of the Local Government (Operations) Regulation 2010 declares that any part of a watercourse below the high water mark within the boundary of a local government area is part of the local government area and Cairns Regional Council consequently has the power to regulate the Boulders Reserve under its Parks and Reserves Local Law provided that the exercise of powers is consistent with the terms and conditions of the trust and Land Act 1994. Attachments 2 and 3 provide details on the current warning signage at the Babinda Boulders. There are approximately 23 warning signs currently in place. It is felt that additional signage would not improve the situation. It is also felt that increased barricading will not solve the problem either as it would be very difficult to totally barricade off the creek bank and in so doing would greatly reduce the visitor’s experience. However a capital works submission is being prepared for Council’s consideration in the 2011/12 Capital Works Program to construct a raised viewing platform at the Devil’s Pool which would reduce access and improve safety while increasing the visitor’s experience. The proposed viewing platform will include interpretive signage. Council’s Indigenous Special Project’s Officer has made initial contact with the area’s Traditional Owners (refer to attachment 4). With reference to the attachment, the consultation suggests the Traditional Owners would be in favour of the No Go Zone. The ‘Devil’s Pool has a ‘story’ associated with it which is described in the attachment. This story would form part of the proposed interpretive signage should Council decide to proceed with the proposed capital works project.

COMMENT: It should be noted that the proposed No Go Zone over the Devil’s Pool does not change the existing swimming arrangements, it simply strengthens them. Visitors will still be able to swim in the calm waters adjacent to the parkland area near the car park. The measures will enable officers to enforce a request for swimmers to leave the Devil’s Pool. The proposed No Go Zone would cover the creek between the first viewing platform along the Devil’s Pool walk to the last viewing platform (Boulders Gorge Lockout). The area covered by the proposed No Go Zone is shown in attachment 5. As the aim of the zone is to prevent further incidents, the extent of the zone will be limited to the edge of the creek bank. Regular inspections of the Boulders are already in place with Cairns Works Officers inspecting the site twice weekly. These proposed provisions would strengthen this existing arrangement with a regular inspection by Local Laws Officers. Only one other current No Go Zone was identified. A No Go Zone was established at Josephine Falls approximately two years ago. There have been subsequent deaths at the falls, but not within the No Go Zone.

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CONSIDERATIONS: Corporate and Operational Plans: Corporate Plan: Goal 1 – Caring for the Environment 1.1 Deliver improved management of the region’s natural resources. Statutory: Local Government Act Local Government (Operations) Regulations 2010 Local law 23 16 (b) – Parks and Reserves Financial and Risk: 1. Do Nothing – Higher risk of further incidents occurring at the Devil’s Pool. 2. Implement a No Go Zone – Demonstrates that Council is doing all that it can to provide a safe destination for visitors and locals. The cost associated with the proposal is the administrative cost in establishing the zone, the cost of altering the signs and officer time to inspect the location. Sustainability: Improving the location’s safety will improve the region’s economic sustainability.

CONSULTATION: As part of the research for the current Coronial Inquest that led to the preparation of this report, the following people have been consulted: Council’s Executive Team Manager Environmental Assessment. Manager Corporate Performance Manager Infrastructure Management Coordinator Natural Areas Management Acting Manager Cairns Works Cairns Works Supervisor – Babinda Council’s Indigenous Special Project’s Officer The Babinda Boulder’s Traditional Owners. Queensland Parks and Wildlife Officers Williams Graham and Carmen Solicitors.

OPTIONS: 1. Create a No Go Zone over the Devil’s Pool area at the Babinda Boulders. 2. Do not create a No Go Zone over the Devil’s Pool area at the Babinda Boulders.

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CONCLUSION: The Babinda Boulders is a very special destination within our region. The establishment of a No Go Zone over the Babinda Pools will enhance the area’s management and ensure its on-going sustainability. The proposal does not restrict access to the current approved swimming locations at the Boulders. It simply strengthens the existing provisions.

ATTACHMENTS: Attachment 1 - Locality Map Attachment 2 - Audit of existing signage Attachment 3 - Photographs of signage. Attachment 4 - Cultural Briefing Paper Attachment 5 - Map of proposed ‘No Go’ zone. Russell Wild Coordinator Natural Areas Management Terry Armit A/Manager Infrastructure Management Ross McKim General Manager Infrastructure Services

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Attachment 1 – Locality Map

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Attachment 2- Audit of existing signage

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Attachment 3 – Photos of signage in place on the Devil’s Pool Walk

Photo 1 – Sign near car park.

Photo 2 – Sign at start of Devil’s Pool walk

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Photo 3 – Sign at start of Devil’s Pool walk.

Photo 4 – First viewing platform – start of proposed ‘No Go’ zone.

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Photo 5 – Second Viewing platform

Photo 6 – View of the water on a calm day.

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Attachment 4 – Traditional Owner’s Briefing Paper. Cultural Background of the Boulders at Babinda: According to legend a beautiful girl named Oolana, from the Yidinji people, married a

respected elder from her tribe named Waroonoo. Shortly after their union another tribe

moved into the area and a handsome young man came into her life. His name was

Dyga and the pair soon fell in love. Realising the adulterous crime they were

committing, the young lovers escaped their tribes and fled into the valleys. The elders

captured them, but Oolana broke free from her captors and threw herself into the still

waters of what is now known as Babinda Boulders, calling for Dyga to follow her. As

Dyga hit the waters, her anguished cries for her lost lover turned the still waters into a

rushing torrent and the land shook with sorrow. Huge boulders were scattered around

the creek and the crying Oolana disappeared among them.

Aboriginal legend says her spirit still guards the boulders and that her calls for her lost

lover can still be heard.

Ref: www.cairnsattractions.com.au/a_babinda-boulders.php

Feedback/ Consultation with Traditional Owners:

Seith Foremile, Indigneous Advisory Committee (IAC):

• The Boulders is a place of cultural significance for the traditional Aboriginal

people who belong to and are custodians of this area.

• Seith suggested to display signage of the story of this place; explain also that this

place is of cultural significance to the Aboriginal people of this area and as a

matter of respect and personal safety to not swim.

• Seith Suggested that CRC speak to Clive Murray from the IAC and Aunty Annie

Wonga who are from the local clan group of the Babinda/ Boulders area.

Clive Murray, IAC:

• Felt that there was most likely adequate signage already there at the Boulders

warning people of the dangers of swimming, however people ignore them.

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• He generally agreed that signage that explained the story and that the Boulders

is a place of cultural significance and out of respect not to swim in the dangerous

areas.

• Clive indicated that Aunty Annie Wonga should have the final say on the area as

she is the keeper/ holder of the story of the Boulders.

Aunty Annie Wonga, Yidinjdji Elder:

• Aunty Annie Wonga holds and continues the story of the Boulders and considers

the Boulders a significant cultural and sacred place to her and her people.

• She too agreed with the idea of having signage that explained the story and

significance of the Boulders; and that the signage sought to tell people to not

swim down in the Boulders out of respect for this sacred place and people’s own

personal safety. Such signage should be displayed before you even go down

below the Boulders.

• Aunty Annie explained that Aboriginal and non-Indigenous people do swim in the

dangerous part of the Boulders. She agreed and thought it a good idea that a

local ‘No Go Zone’ swimming law that attempted to deter swimming and save

lives be implemented. She had no issue with there being a penalty fine.

• She had no problem with people swimming above the Boulders.

Supporting Documentation: Transcript from Message Stick, ABC Television: Friday 27 May 2005, 6 pm -

ABC1:

The following transcript from an ABC – Message Stick program provides relevant

information about the cultural significance and story of the Boulders. The transcript also

provides a view and perspective of the local Aboriginal people on how they feel about

tourists, non-Indigenous and their own people accessing and swimming at the Boulders.

BABINDA BOULDERS & SURF DREAMING: THE DEVIL'S POOL NEAR BABINDA IN

FAR NORTH QUEENSLAND HAS CLAIMED THE LIVES OF COUNTLESS YOUNG

MALE TRAVELLERS. IS IT THE STRONG CURRENT THAT TAKES THEM OR AN

ABORIGINAL CURSE? WE ALSO GO SURFING AT BONDI WITH A GROUP OF

KIDS FROM THE BLOCK IN REDFERN.

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TRANSCRIPT

RACHAEL MAZA: Hi and welcome to Message Stick. I'm Rachael Maza. Today on the show we take you to Far North Queensland to a small town called Babinda where an ancient curse has been claiming the lives of young male travellers. The place is known as Devil's Pool and its deep swirling waters have claimed 16 lives though unofficially the figures are much higher. According to local authorities the deaths are caused by cramps and currents but a local elder tells us she knows what's really luring them to their death. DULCIE SCHNITZERLING: They brought the body out there. Then they put him in the dead bag. They had to break his legs and his arms to get it all in, you know. MAISIE SMITH: 16 young men have drowned there and they've all been from other towns. It's never been a local, I had a son that swam in the same spot. I used to say, "Be careful." And he'd say, "I'm not a tourist, Mum. I'm a local, I won't drown there." DARYL MURGHS, MENMUNY MUSEUM: We got no fear about drowning because we were told the legend behind it. But being Murri's and that, you know, we believe in, a strong belief in our culture so we still swam in the Devil's Pool. PETER TIBBS: How many people have got to go missing? How many people have got to die before somebody says, "That's enough"? ANNIE WONGA, YIDINJI ELDER: All our tribe are the Russell River tribe and my father and my mother were married by tribal marriage. I came up here in 1985 actually. I've never been up here. We weren't allowed to come up here. It was sort of like a sacred spot. Babinda means water flowing over of the rocks. And that's, Binda is your shoulder and Bunna is water. And that's water flowing over the rocks. MAISIE SMITH: I went to school with Annie and Nancy Wonga and we used to go down to their house down there and old grandma she used to sit there on the floor. I'd say, "I'm going out the Boulders..." "Oh, don't go out there. Bad place, evil place." GEORGE WEDEL: Annie's family's been here since the year dot. They're a very well respected family the whole lot of them. I've known them all of my life. There's never been an ounce of trouble with any member of the family whatsoever. They're very highly respected and well thought of in this town. DARYL MURGHS, MENMUNY MUSEUM: When you're in the Devil's Pool, the pool itself is really scary. Currents swirl you around, there's subterranean channels and things like that. And that was an ideal Murri hiding spot because we liked to play hide and seek. There's only two or three ways out in the Devil's Pool when you're in there. If it's raining there's only, sort of, maybe two ways out. One of the ways that we found out was to hold your breath, dive underneath and follow the leader. We tumbled in a way of just being spun round like a somersault. Hold your breath. And we thought that was part of the thrill, thrill-seeker, you know. Because once we get in there we just keep rolling over. And the only way to get out is just push yourself out and let the current push you onto the rocks and then you climb up and then walk around. We as Aboriginal people, Aboriginal boys at that time, we still maintain our culture, our belief. And we still believed back in those days, that there was something protecting us.

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ANNIE WONGA: There was a tribe that lived here. In this tribe was an elder, and his name was called Waroonoo and Waroonoo was promised to a girl called Oolana. When they got married, they had a big dance. As they went dancing a wandering tribe passed through and they welcomed them. In this tribe was a handsome young warrior and his name was Dyga. Oolana fell in love with him, and he fell in love with Oolana. While they were dancing, they decided to run further up the creek and camp there overnight. And at the morning, the wandering tribe and our tribe saw that they were missing. So they went in search of them and they said to Oolana, "You've got to come with us." And his tribe took him away. And when she saw that, she just came and she threw herself into the creek. She loved him that much. And there was a mighty upheaval, and rocks were strewn everywhere and where she lay is now called the Devil's Pool. And every now and again she might call a wandering man to her thinking that it's Dyga. DULCIE SCHNITZERLING: The sign's up there not to go swimming but they will not take notice. You can talk till you're blue in the face. EVELYN DAVIES: There was a young doctor. He went down in the Boulders itself, he'd had two kids with him and they'd been across on the other side and because he was all hot and bothered, he decided to swim across. And cramps got him and down he went. Luckily the kids were able to go for help but it was too late, he just sunk to the bottom. DARYL MURGHS, MENMUNY MUSEUM: There are people who have been out also, I think it was the town mayor or someone like that, he didn't believe about the culture also. And every time people went missing he seemed to think that there was accidents or natural causes of death, you know. Natural cause of drowning - cramps, heart attacks, slip on a rock and things like that. But we on the other hand, going back to what we were before, we believed in that culture, that Aboriginal culture. We believe in Aboriginal legend. PETER TIBBS: I've been called on four times to try and find bodies down there. One of the most interesting of the cases was a young fella called, Patrick McGann, who had jumped across the short space between the rocks, slipped and went missing. We thought we knew he was in there, but we couldn't get to the body because the water is so cold, it's so deep and it flows so fast. And so if it's eight or ten times we went down and we eventually cut the logs out of the place underwater and on the last day after we'd almost given up, we cut the last log that was in the chute and the body floated freely. And that was five weeks and five days from the time he'd gone missing. So it wasn't a pretty sight. We were helped by a young police constable at that stage and it was a great relief to get the body out and satisfy the family. DULCIE SCHNITZERLING: When the father come down, the police took him out and showed him where he went down in the chute. And he took the photo of that, thinking it's just a chute. And he come back and they showed him where they had him tied up there. And when he went over to Innisfail the next morning to get them developed that's what they found. That photo, he's even got the cigarette in his mouth. PAUL BONG, YIDINJI ARTIST: I would like the people out there to know that when they come here to this place that they can remember that it's got a legend to it and be careful wherever they walk, you know. To have respect for the area and if you disrespect it, it will disrespect you.

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MAISIE SMITH: It's just strange that so many young fellas have drowned there but maybe it's because they're game. You know, young fellas take risks that other people don't.

PETER TIBBS: The most recent one that we recovered the body of was a young chap that looked, I suppose the easiest way to describe him was he looked like a hippie. He had long hair had a rather obscene piece of jewellery around his neck and I believe from talking to the police he had kicked the bronze plaque that was there remembering one of the other victims. He'd kicked it, slipped over and slipped in the very hole where the other body had been. He was relatively easy to recover because he just lay down on... out of the current, out of the way of the current. We were able to recover him very quickly.

EVELYN DAVIES: I've been with the SES for over 25 years. As far as drownings and searching, radio... Now I'm more involved with welfare. That's looking after our crew or anybody else that needs looking after. And feed them and counsel them and do whatever we can to help them.

PETER TIBBS: The SES was simply wonderful. Each day we dived down there the SES crew and their wives made wonderful sandwiches and there was no effort on my part and the other diver. All of our equipment was carried in. All the ropes were set up. These people down there are experts at it but they've had plenty of practice at the Boulders. And they know how the set it up so that it makes it easy for the diving crew.

DARYL MURGHS, MENMUNY MUSEUM: We felt we were protected like an aura. Like an aura around all us who were swimming. But even a non-Indigenous fella, we had white friends too that were also protected by the same thing. But they were following us, and we had white mates too that we can call proper mates, you know, we can trust them with our families and things like that, they come and they sleep at our home and things like that. So it was like a good example of cross-cultural learning. We teach the white fellas our ways and educate them more about our culture and vice versa.

EVELYN DAVIES: There was one drowning out there and he'd gone...that Richardsons, remember he'd gone straight down in a hole? And, um... They had a job getting him out because they had to go down this hole to put a rope around him. This happens and it's strange, young men get drowned out there. All those rocks you see there, they're nearly all white. As a rule, that's all underwater. And it goes down, it forms down that way and it comes down to the chute. That's where everybody gets caught, down at the chute. Years ago it used to be one every year or two or three every year. But lately it's only the one, now and again, you know.

MAISIE SMITH: It's very sad for the people who've got to risk their lives looking for them. Because there are a lot of caverns under there and I think there was one time they couldn't get one at all. They couldn't find him.

DARYL MURGHS, MENMUNY MUSEUM: When tourism started to go in that area, up at that time, and I'd actually go, too, myself. And I used to get wild because there was white tour groups going through and making a mockery of that Oolana story. There was one guy down there, white guy with a didgeridoo and he had all of his clan painted up and he also had someone pretend to be Oolana and one to be Dyga so they can do a mock scene of it. So I got really angry, you know. And I'd just like to inform more people about what's happening there. Especially Yidinji people, I mean they're a pretty big nation, you know, they're a big group. They're a combined group, and they're rainforest people. I just want to inform them of what's happening down there at the Boulders.

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GEORGE WEDEL: Nancy and Annie both went through school here, worked in town and even now, Annie's the only girl left. So, hence once she goes and Freddie goes, that's the end of the clan. It's just a pity that she never had children of her own to pass it on to directly.

ANNIE WONGA: Here is, they call the Bama. We are the people of the rainforest. Aboriginal people called Bamas, yeah, yeah. And in the background you see the pyramid, which is Jaraga. And that's our totem actually.

CECILI MUSUMECI: First became involved with the Wonga friends committee when we were asked to do stories by Anne and her family. And it all started when Nancy became ill, the older sister. We got together as women and we said, "What would Nancy like to leave behind?" So she wrote a letter and in the letter she's said that she expressed her love for the people of Babinda, in particular the children. Then we would kind of spell, if you like, until we were finished. Anne is actually the storyteller in the family. The storyteller goes from on the women's side in their family and she inherited the stories from her Auntie Nellie.

GEORGE WEDEL: Well, just other young children around here, both black and white there's no distinction as far as she's concerned. Rather than it die out, she's passing it on to other people to anyone that's interested whatsoever, be they black or white. She'll just pass on the lore, which is a good thing to have. ANNIE WONGA: My spiritual inheritance, I've passed on to all the community and they're part of my heritage because of the land and the places where they stay. This is more or less their land as well as mine because our ancestors have said that you share. Take whatever you need and share with the rest. PAUL BONG, YIDINJI ARTIST: Babinda Creek, it's sort of a creek that's sort of a lot of memories in my past because we more or less lived off it. It was a creek that, you know, you went down any time you wanted to have a feed or fish, any sort of fish, and you went there and you caught it. MAISIE SMITH: I used to go out there with my brother and if there was nobody else there I'd let my brother go swimming and I'd watch him. I always had that eerie feeling that somebody was watching you. But that's probably just because it's been ingrained in you that something happened there. EVELYN DAVIES: I have mixed feelings about it really. I mean, I never ever thought about it actually until these drownings started. And that's more or less when the legend come into being really. But all the years our kids swam out there, there was nothing about a legend or anything. And it's only these latter years when the men started getting drowned out there that the legend come into being. PAUL BONG: It's a legend that's been around for years and years, you know, probably 40,000 years, I don't really know how long but all I know is...was growing up I knew the legend was there. DARYL MURGHS, MENMUNY MUSEUM: I'd just like to see the white tour groups stop completely. You have to have Aboriginal people from that particular area from that particular tribe that know what they're talking about. Because you've got to be nominated or selected by the elders to be put in that position. Because every stone, every bone, every shell have all got significant value. When you're talking Aboriginal culture, it goes right back down to a little stone like that, that you walk over.

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EVELYN DAVIES: Well it's strange, Dulcie, yeah. They never take one of the boys from here, do they? It's always strangers. DULCIE SCHNITZERLING: It's always strange boys that actually drown out there. EVELYN DAVIES: Never. Not one of our boys. And they used to go and dive in the Devil Pool and nothing ever happened. DULCIE SCHNITZERLING: What about that Cantarello, would you call him a local? EVELYN DAVIES: Where'd he come from? DULCIE SCHNITZERLING: He was from the Tableland but he had relations here. EVELYN DAVIES: Yeah, but no, he wasn't, no relation. PAUL BONG: I'd like to pass on the actual inheritance, it's all there. While she's still alive, go and see her and ask her about all this. Because once she talks to you, it will actually then go down into your soul and your thinking. Then once it gets into you, it starts to get revived again. And then you can go and show your kids how to do it. ANNIE WONGA: Whenever you go to any other place or even up to the Boulders or wherever. You always say to the bird, "I'm coming. Am I welcome? Am I allowed to come here?" As for me, if I go to a strange place there's always a bird has called and I say to myself and I say to the bird, I say, "I'm just coming for a visit, am I welcome?" And from then onwards, the bird hasn't come so it just sort of said, "Yeah, you're welcome. You can come. You can bring your friends." And then my friends come as well. They're my people, see? They're all my people, yeah. PAUL TIBBS: The creek being so beautiful and so interesting that, in itself, makes it dangerous. The rocks are very slippery, the slopes are very steep, old people shouldn't go there. If it's going to be a tourist thing, it should be monitored and controlled a lot better, I think. Because people still die there. Questions raised:

What would be the proposed area for ‘No Go’ swimming zone?

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Attachment 5 – Map of proposed ‘No Go’ zone.

LIVE-#2788660-v1-Agenda - Infrastructure Services Committee 17 … · 2010. 11. 12. · 49 Agenda...

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Transcript of LIVE-#2788660-v1-Agenda - Infrastructure Services Committee 17 … · 2010. 11. 12. · 49 Agenda...