Hawkesbury News

“Hawkesbury Towns and Villages Place Plans” is on exhibition for public comment until Wednesday 21 June 2023.

The report identifies 9 villages in the Hawkesbury and provides a description and mud map of what village centres are projected to become. North Richmond, Kurmond, Kurrajong, and Bilpin are in the report but not Kurrajong Heights.

This report will be used by Council to direct future funding received from the State and Federal Governments.

What are place plans?

NSW Planning Circular PS 21-026 (December 2021) provides information on the purpose of place plans. It states that the role of the planning system is to guide how growth will be managed, including by setting strategic targets for new housing to meet the needs of future communities. Character is a critical element of local areas and neighbourhoods and needs to be carefully considered in future planning.

The circular provides advice on how the NSW planning system will deliver development that both meets the growing needs of NSW and is contextual, local and of its place – to make better places for everyone.

Bilpin – the only place with a plan

Bilpin place plan can be viewed on page 27 to 30 in the report. Cycle and hiking tracks are the main features and an “DIY Little Library” and “Temporary Café/Trucks” are noted on the plan.

Vox pop on Bilpin place plan

“The mixture of cyclists and trucks on BLOR is concerning, and where are all the pushbike riders and hikers going to park their vehicles? I don’t think this is a well-considered plan”.

“Has anyone told Grumpy Baker that his shop is going to be a public toilet block?”

“We need to do something about the traffic flow through Bilpin CBD, particularly on weekends. This plan does nothing to address this serious here and now problem.”

These are a few comments from locals, and you can have your say by going to https://www.yourhawkesbury-yoursay.com.au/

Why doesn’t Kurrajong Heights get a place plan?  

No one knows. According to page 4 funding for the report has come from an Australian Government “Recovery Grant” for Local Councils focusing on bush fires.  “The purpose of the Grants was to improve resiliency in local areas by investing in safety, community, and fire protection infrastructure.”

Kurrajong Heights was badly impacted by the Black Summer bushfires that burnt out properties and destroyed houses. The only other places equally impacted by fire were Bilpin, Colo Heights and St Albans all who have place plans in this report.

Do the Place Plans improve community safety and provide fire protection infrastructure as required by the grant?

Water is an essential ingredient for effective firefighting, along with emergency evacuation areas and other community safety infrastructure. None of this is present in the place plans for any location.

If you want to comment on Hawkesbury Council’s use of a bushfire recovery grant to pay for this Place Plan report, you can have your say at https://www.susantempleman.com.au/ see tab “Have your say”

WHAT HAPPENED IN COURT?

After gathering evidence from all the bushfires across NSW during the Black Summer of 2019/20 the NSW Special Coronial Inquiry narrowed down matters for this hearing to investigation to RFS backburning practices, the issuing of warnings about fires to the community and implementation of the NSW Bushfire Inquiry Recommendations 47 and 48.

These matters are being explored through two case studies, the Mt Wilson backburn and the Corwan (Lake Conjola) cluster of backburns. The hearing will determine whether Statewide recommendations are needed to address these matters.

On 15 May hearings commenced into the escaped RFS Mt Wilson backburn and ran for a week. The Government Departments of RFS and National Parks & Wildlife Service were represented by Senior and Junior Counsels and instructed by Crown Solicitors. The only other party represented at the hearing was the Mt Wilson Backburn Survivors Group (now called ON FIRE for better bushfire management). This group is made up of residents from Mt Tomah and Berambing communities impacted by this fire and they were represented pro bono by Hon Adam Searle who attended each day of the hearings representing Jochen Spencer and Kooryn Sheaves and other residents.

HEARING DAY 1

On day 1 of the hearing the Mt Wilson Backburn Survivors Group had three Expert Witness reports accepted unchallenged by the Court and mentioned by Counsel Assisting the Coroner in his opening remarks. The reports are:

• An independent fire expert report by Mr Nic Gillie B.Sc. MA Fire in Landscape on the seven escaped RFS strategic back burn fires that helped create the Gospers Mountain Mega Fire and the four missed opportunities to contain the wildfire without using strategic backburns. These escaped RFS back burns grew the fire from 56,000 hectares to a final size of 780,000 hectares destroyed or damaged 217 houses and sheds; and killed an estimated billion animal and flora species. View report at: https://www.dropbox.com/s/rquys2m5cly9p55/Report_NicholasGellie.pdf?dl=0

• A report by Brian William Volunteer Fire Fighters Association, RFS Captain Kurrajong Heights of 37 years, 11 years leader Remote Area Fire Fighter Team Leader and expert in community fire management planning annual  mosaic pattern  cool burn hazard reduction program. This helped save Kurrajong Heights and stopped the escaped Mt Wilson backburn travelling across to Bowen Mountain and down the road to Western Sydney Read Brian Williams’ report at: https://www.dropbox.com/s/3b9lhkh2qwl936e/2023%20Brian%20Williams%20Report%20for%20Coroner_FINAL.pdf?dl=0 
• A report from Dr Terry Kirkpatrick, community disaster recovery specialist on the importance of Government institutions like the RFS acknowledging their mistakes and learning from them so the community can be assured of an improved response in the future and feel safer. Read Terry Kirkpatrick report at https://www.dropbox.com/s/qwm7l33v00dcljz/Report%20by%20Terence%20Shane%20Kirkpatrick%20for%20the%20Coroners%20Court%20%5Bwith%20annexures%5D.pdf?dl=0

After these opening remarks the hearing commenced with Jamie Carter RFS Blue Mountains Divisional Commander for the Mt Wilson backburn giving evidence that is summarised below: https://www.youtube.com/watch?v=ojQ8MCrZAvw 

Key points in Carter evidence are:

• A briefing was given to RFS Crews lighting the backburn at Bilpin Hall, but he could not recall Bilpin being involved in planning the operation.
• There was no contingency plan if the backburn escaped for any of the Highland communities, Mt Wilson, Irvine, Tomah, Tootie or Bilpin District.
• he was aware of previously escaped RFS strategic backburns before the Mt Wilson burn
• In changing the plan on 13 December to light a strategic backburn at the corner BLOR and Mt Wilson there was concern for the escaped backburn at Newnes Glow Worm Tunnel that had been lit on 7 December which was travelling towards Mt Wilson and the Grose Valley.
• The Mt Wilson back burn was lit at 10am in very high fire danger and extremely low fuel moisture content conditions in breach of RFS Backburning Protocol #17 at the corner Bells Line Road and Mt Wilson Road. 
• At about 2pm National Parks Air Attack Supervisor Banffy landed his helicopter and had a conversation that he could not recall.
• At about 3pm the burn escaped in the Bowens Creek catchment area with 25 years of fuel loading. The escaped was caused by a change in the weather conditions.
• Carter requested an Emergency Warning be issued and it was but for the wrong location. Mt Lagoon and Colo Heights got warnings. This was corrected 40 minutes later.

HEARING DAY 2

Day 2 of the hearings Jamie Carter giving further evidence under cross examination. The key points of exploration were the lighting of the backburn in breach of RFS Protocols specifically:

• Weather predictions for very high fire moving to severe fire danger.  
• in the morning with rising temperatures
• very low fuel moisture content 
• in a location where fire had previously escaped into the Grose and Bowens Creek catchments
• back up resources were at Orchard Hills (Penrith) about 1.2 hours from Mt Wilson
• there was no contingency plan for local communities if the fire escaped.
• whether the correct weather forecast was relied on in lighting the backburn

When Carter was asked by Counsel Assisting the Coroner if he would do anything differently, he said no.  Two other RFS Volunteers involved in the planning and implementation of the backburn, Ken Pullen and Craig Burley were present during Carters testimony and were later asked the same question and replied they would do the same again.

HEARING DAY 3

Day 3 was summarised by ABC news at https://www.abc.net.au/news/2023-05-17/black-summer-bushfire-inquest-gospers-mountain-mega-blaze/102355452 and the key points were:

• Craig Burley Divisional Operational Commander and Ken Pullen Assistant Planner for the fire supported Carters statements to the Court.
• Both stated the plan was well considered and but for the change of weather would have worked.
• Burley recalled about 2pm National Parks Air Attack Supervisor Banffy landed his helicopter and had a conversation that he could not recall specific details.

National Parks and Wildlife Service Air Attack Supervisor Chris Banffy has worked for over 30 years in this job. Key points in his evidence were:

• The weather report on the Incident Action Plan for the day was accurate. (Note: This was not the weather report used by Carter and Burley to light the fire)
• That lighting a fire in the location in any weather conditions other than a SE wind was a red flag in an already high-risk strategy. The wind was predicted to blow from the Northwest.
• That when he arrived in a helicopter at the fire ground he was so concerned that the backburn fire line along BLOR was so extended compared to Mt Wilson road that fire on BLOR would burn down to Mt Wilson road ahead of the backburn burn lighting crew and trap them.
• He was making radio calls telling Carter and Burley of this without effect.
• His concerned for the safety of fire fighters and Mt Wilson residents and property owner was so that he ordered the helicopter he was travelling to land so he could speak with them in person. 

The other witness to appear on this day was the leader of the Hills RFS Strike Team……….. He gave evidence that the BLOR back burn came at them very quickly and he ordered his trucks to drive away in whatever direction their trucks were facing to escape the back burn fire front from BLOR as it swept across Mt Wilson Road and into Bowens Creek catchment. 

DAY 4

Day 4 was a short day with only witness Captain Mt Wilson RFS Brigade Beth Raines which generated two news stories below.

• https://www.abc.net.au/news/2023-05-18/black-summer-quest-hears-back-burn-foregone-conclusion/102364478

• https://www.abc.net.au/news/2014-07-26/blue-mountains-residents-concerned-road-access/5626056?source=rss?pfm=ms

The day heard from Mt Wilson RFS Captain Beth Raines. Key points of her testimony are:

• On Friday the 13th of December Bell RFS Captain rang Wilson RFS Captain to say have you noticed the live traffic update. Bell’s line of road will be closed tomorrow 14 December. This is how Raines learned of the change of plan.
• At 4.56 PM there was a teleconference with RFS Incident controllers and planners and Mt Wilson and others to discuss the change of plan.
• Raines asked that the burn be started at Mt Wilson and burn down the mountain to Bells Line of road. This is a strategy that had been successful in the 2013 State Mine Fire. She also asked that the briefing of the brigades be held at Mt Wilson not Bilpin so volunteers could get an idea of the lay of the land they backburning. Neither idea was implemented.
• Raines told the Court Mt Wilson RFS was given no choice about how it was done “it was a foregone conclusion’’.
• Raines also stated there were alternatives to the plan proposed by RFS HQ, one was to burn from the top of Mount Wilson in both directions to bells line and Irvine. There was no problem of dryness of fuel at Mount Wilson as it had not got much rain.
• At a previous meeting on 11 December Raines recalled RFS planners had said they were worried about the escaped RFS backburn fire at Newnes Glow Worm Tunnel.

DAY 5

Court appointed expert Geoff Conway AFSM gave evidence as an independent expert. Conway worked for the Victorian CFA from the early 1980’s to being Deputy Chief Operations Officer (equivalent position to Deputy RFS Commissioner) during the Black Saturday fires in 2009 and was on duty on that fateful Saturday.

Conway is mentioned in 2009 Royal Commission (Volume 2 Emergency and Incident Management) and in adversely in the Victorian media at the time. https://www.abc.net.au/news/2009-09-15/cfa-top-brass-dithered-as-victoria-burned/1430042

He received the Australian Fire Service Medal (AFSM) as the result of being a staff member of the CFA at the time. He started a consultancy business in 2011 and has done consultancy work for the NSW RFS. Conway has never worked as an operational commander in the field.

Conway broadly agreed with the RFS plan to manage the Gospers Mountain wildfire knowing the following facts:

• The RFS plan on 12 November 2019 was to surround the wild fire with strategic backburns that would grow the fire ground from 56,000 hectares to 450,000 hectares. The court heard over a million hectares was burnt.
• The 6 strategic backburns they had lit on the Southern Containment line (the Hawkesbury Highlands side of the fire) had all escaped starting on 15 November Putty Road, 19 November Wheelbarrow Ridge Road, 5 December Colo Heights, 6 December Mt Lagoon, 7 December Glow Worm Tunnel and 12 December Newnes Plateau. 
• Fires had a previous history of escaping from corner BLOR and Mt Wilson road.
• The back burn was needed because of the threat posed to the Blue Mountains villages by the RFS escaped Newnes backburns.

The next witness was Peter McKechnie RFS Deputy Commissioner Field Operations. He was asked about warning and implementation of the NSW Bushfire Inquiry Recommendations 47 and 48. It was established that only two community meeting had been held in accordance with Recommendation 47 and those were at Berambing and Kurrajong Heights and that no meetings had been held at other communities impacted by escaped RFS backburns on the southern containment line of the Gospers Mountain fire.

The need to hold meeting with communities where backburning had been an issue across NSW was agreed and that some communities may need multiple meeting. The limitations of the proposed RFS policy for the Incidents Controller to oversee determining whether community meeting should be held was debated along the idea of independent mediator and further training for the RFS personnel attending. 

The Court resumes in July to hear final submissions.

15 May – https://www.youtube.com/watch?v=ojQ8MCrZAvw (James Carter RFS)

16 May – https://www.youtube.com/watch?v=ZKliT6DuOYA (James Carter RFS, Ken Pullen RFS, Craig Burley RFS)

17 May – https://www.youtube.com/watch?v=rO6SY6s60Hg (Craig Burley RFS, Chris banffy NPWS)

18 May – https://www.youtube.com/watch?v=TMyFElAgu_0 (Elizabeth Raines RFS/NPWS)

19 May – https://www.youtube.com/watch?v=FwejQP0n4UU ( Geoff Conway fmr Deputy Chief Officer CFA Victoria & Peter McKechnie – RFS Deputy Commissioner Field Operations)

To view and download the SPECIAL EDITION Hawkesbury Highlands Community Newsletter Issue 2. Click Here

Hawkesbury Highlands has an extensive network of fire trails in National Parks and across private property. There are approximately 1.3 million properties on bush fire prone land in NSW and to assist with containing and managing fires across the landscape, firefighters need good access so these trails need to be maintained.

In 2017 the RFS established local Fire Access and Fire Trails Plans (FAFT Plans) to assist in bushfire management. Following a recommendation from the NSW Government, work started to enhance the strategic network of fire trails identified through the development of local FAFT Plans.

Identification and upgrading of strategic networks of fire trails includes trails which already exist and may need to be upgraded so they can meet new standards gazetted in 2017 for width and height clearances, gradient and drainage. For example, where a fire trail is identified as capable of carrying a large bush fire tanker, the fire trail must meet standards for the tanker to safely navigate the trail.

Where a need is identified, new fire trails may be constructed. This may be on public land, or with the agreement of private landholders. See https://www.rfs.nsw.gov.au/plan-and-prepare/fire-trails for further information.

No consultation or access to the fire trail plan

Fire trails are currently being made and upgraded in Bilpin District now. This is raising community concern about what the FAFT Plan is for Bilpin and other settlements, where the plans are displayed and what is the community consultation process for updating these plans.

Legal advice on RFS contracts for private landowner

Landowners were not advised to seek legal advice before signing an RFS contractual agreement to have public fire trails constructed on their property. The RFS contract gives the Government an easement through private property. The RFS contracts vary. Some contracts require the landowner to maintain the fire trail while others say the RFS will do this, while the person who signed the contract owns the land.

Both these contracts disadvantage the landowner when they sell their property which now has a government easement through it and the new owner may have to maintain the fire trail at their expense, to fire trail standards.

This is particularly important as there is no guarantee the State will maintain the fire trail meaning the new owner maybe liable for the upgrade of a degraded trail.

The construction of a fire trail on private property does not guarantee the landowner that a fire truck will be stationed on their property during a fire. There are about 25 Rural Fire Service Trucks in the Hawkesbury and over 300 properties just in the Highlands.

Construction of trails not using local businesses.

Local contractors many who work for the RFS clearing trails when a State of Emergency (Section 44) is declared and have extensive knowledge of the fire trail network have not been approached to tender for construction or upgrading of new and existing fire trails. So, none of this work and the income it generates is staying in the Highlands. The NSW Government Soil Conservation Service is responsible for engaging contractors to undertake the work and ensuring that it is completed in a satisfactory manner. For further information see  https://www.scs.nsw.gov.au/about-the-soil-conservation-service

No maintenance plan or budget?

There is concern that no maintenance plan or budget exists for these existing and new fire trails. Trails need maintenance particularly during and after rain and this takes time and money. Whose time and money need to be clarified.

These fire trails now have locked gates with keys held at the local fire shed. This locks out locals or any early responders to a fire, requiring them to wait for an RFS truck to arrive, which given the protocols now around assembling RFS crews and releasing a truck will takes some time during which the fire is spreading. 

For further information and to express any concerns you have contact NSW RFS Strategic Fire Trails Jamie Carter Email  [email protected] The RFS do have a legal branch where Jamie can refer any concerns you have for advice and clarification. 

Bilpin Hall is an essential community infrastructure as it:

1. a) is a district hall servicing the needs of not only Bilpin but surrounding communities of Mt Lagoon, Mt Tootie, Mt Tomah, Berambing and Kurrajong Heights
2. b) the hall is in use daily by a wide variety of community groups, play groups preschool, exercise classes for the elderly and many others
3. c) the hall has a busy Saturday market where the existing car park overflows in to degraded and eroded land. 
4. d) the hall is a disaster management staging area, which currently means that volunteer disaster management workers do so in the dirt and dust or wet and mud. During the Black Summer fires the Hall was the staging area for over 100 fire trucks twice a day for weeks.
5. e) the only way to get to the Hall is by private vehicle so a car park is essential 

This was the motion put to Hawkesbury Council’s May General Meeting by Bells Line Road Business to have the car park extended.  

Hawkesbury Council received funding under the Black Summer Bushfires Recovery grants program to extend the Hall car park which is used as a Disaster Staging Area in bushfires. The Council now want to give back the money as they say it is insufficient to build the car park.

The day before Council was to vote on returning the money BLOR Business became aware of Councils’ intention to do this during a meeting with the Mayor, Deputy Mayor and General Manager to discuss other issues.

“I couldn’t believe it and wouldn’t have if the General Manager hadn’t told us” Says Lionel Buckett a member of BLOR Business and Chairman of the Kurrajong Heights Bowling Club which is also used as a disaster staging area.

“The Club has just finished building a car park three times bigger than the one proposed for the Hall, using money from the same Black Summer Bushfire grant – it’s ridiculous to say there isn’t enough money to do it.”

“I was president of the Bilpin Hall Committee when we built the current carpark about 25 years ago. It was a different time then; the General Manager and all Council Senior executive officers lived in the Hawkesbury and knew and trusted the residents. We used material from Councils Wilberforce Depot and local contractors donated their time and machinery and the car park was built.”

Things haven’t changed that much according to Fiona Germaine Council still cuts through red tape and acts in the community’s best interest when its demanded.

“Look at the flood response, Council dumped sand in Windsor Park, and everyone pitched in, filled bags to help stop floodwaters entering private homes. And with bushfires Council sent up a Bulk Water Carrier to Bilpin and residents overloaded their utes carrying plastic cubes of water home to use for drinking washing and firefighting. Council can be useful to the community when the Councillors take charge. 

BLOR Business decided to put a motion to the Hawkesbury Council General meeting to forestall the handing back of the grant money. Two representatives Germaine and Buckett, the new and old, well dressed and under dressed businesspeople and residents of Bilpin district spoke eloquently and passionately about not returning the money and upgrading essential disaster infrastructure.

Council decided to direct its Administration to hold a meeting with stakeholders and report back to their June meeting.

Concern about car park design

Council design for an extension of the proposed car park caused concern as they included removing existing gardens, and large trees. The proposed plan did not address the issue of soil degradation caused by the current parking arrangements which occur on National Park land.

These are matters of design and involve a lot of talking with people to get it right including with bureaucrats from government departments. We had the same thing when we did the existing car park at Bilpin Hall. It’s a lot of effort but it’s worth it.

We went over the same things with the new Club carpark and finally got consensus. The car park doubles as a basketball court when not used for parking and everyone is now happy with it. Says Buckett.

Council consultation with stakeholders

Fiona Germaine on behalf of BLOR Business requested Hawkesbury Council uphold it’s commitment to convene a review meeting with relevant stakeholder groups including and not limited to: 

• Bell’s Line of Road Business Council 
• Bilpin Regional Action Group
• Bilpin Hall Committee 
• The Kurrajong Heights Bowling Club 

“Our request was heard and actioned by the Mayor Councillor Sarah McMahon, and I can report the Mayor has confirmed directly to me a meeting will be convened with these listed and other relevant groups. I look forward to hearing from Cr McMahon on the next steps.” 

The funding grant is due for completion in December 2023 and if not returned.

In the first edition of the Hawkesbury Highlands Bilpin RFS President claimed that along with Bilpin Regional Action Group (BRAG) and the Bilpin Hall Committee, organizations which work closely together, their views represent ten percent of the population.

So, what about the other ninety percent of the population of Bilpin, who represents’ their views or the positions of other communities in the Hawkesbury Highlands on varying issues? Who should our politicians, Council and local bureaucrats consult with on matters concerning our communities?

Determining who speaks for a community is a complex and sensitive issue, and there are always multiple groups claiming to represent the same community, each with different perspectives and priorities. Here are some factors to consider when deciding who speaks for the most people:

How many people are members of the group? Are they representative of the community they claim to represent, or do they only represent a particular subset of that community?

Does the group have a legitimate claim to speak for the community? Have they been elected or appointed by the community, or do they have a history of working on behalf of the community?

Does the group represent a broad cross-section of the community, or does it only represent a particular subset? Do they consider the views and concerns of different groups within the community?

What has the group done in the past to benefit the community? Have they delivered tangible benefits, or have they been ineffective or even harmful?

Is there a broad consensus within the community that this group speaks for them? Are there other groups that also claim to speak for the community, and if so, why do they feel that the other group does not represent their views.

Ultimately the decision of who speaks for the most people is a complex and ongoing process, and it may change over time as the needs and priorities of the community evolve.

It’s important to listen to different perspectives and engage in dialogue with a range of stakeholders to ensure that all voices are heard and that decisions are made in the best interests of the whole community.

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