DOCSLIB.ORG

Supreme Court of New South Wales – Court of Appeal

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Supreme Court of New South Wales – Court of Appeal [Home] [Databases] [WorldLII] [Search] [Feedback] Supreme Court of New South Wales – Court of Appeal You are here: AustLII >> Databases >> Supreme Court of New South Wales - Court of Appeal >> 2009 >> [2009] NSWCA 289 [Database Search] [Name Search] [Recent Decisions] [Noteup] [Download] [Help] MINISTER ADMINISTERING THE CROWN LANDS ACT v ILLAWARRA LOCAL ABORIGINAL LAND COUNCIL [2009] NSWCA 289 (11 September 2009) Last Updated: 14 September 2009 NEW SOUTH WALES COURT OF APPEAL!CITATION: !MINISTER ADMINISTERING THE CROWN LANDS ACT v ILLAWARRA LOCAL ABORIGINAL LAND COUNCIL [2009] NSWCA 289!FILE NUMBER(S): !40272/08!HEARING DATE(S): !15 May 2009!JUDGMENT DATE: !11 September 2009!PARTIES: !Minister Administering the Crown Lands Act – Appellant!Illawarra Local Aboriginal Land Council - Respondent!JUDGMENT OF: !Hodgson JA McColl JA Basten JA !LOWER COURT JURISDICTION: !Land & Environment Court!LOWER COURT FILE NUMBER(S): !LEC 30751/06!LOWER COURT JUDICIAL OFFICER: !Sheahan J!LOWER COURT DATE OF DECISION: !6 June 2008!LOWER COURT MEDIUM NEUTRAL CITATION: ![<i>Illawarra Local Aboriginal Land Council v Minister Administering the Crown Lands Act</i>] [2008] NSWLEC 188!COUNSEL: !C E Adamson SC/C Mantziaris – Appellant!J E Griffiths SC/G E Wright - Respondent!SOLICITORS: !Crown Solicitor’s Office – Appellant!Chalk & Fitzgerald Lawyers - Respondent!CATCHWORDS: !ABORIGINALS – land rights under legislation – claim to Crown land – establishment of national park – needed or likely to be needed for public purpose of nature conservation – appropriate level of government to demonstrate need or likely need – whether resolution of dispute at Cabinet level necessary – [<i>Aboriginal Land Rights Act 1983</i>] (NSW) s 36(1)!ADMINISTRATIVE LAW – procedural fairness – foreseeable inferences drawn from tendered evidence to support case other than that of tendering party – whether such inferences available in absence of warning to tendering party!APPEALS – statutory appeal from Land and Environment Court – appeal against erroneous decision on a question of law – denial of procedural fairness – whether capable of grounding appeal !EVIDENCE – Aboriginal land claim – permissible use of evidence of events and conduct post-dating claim – whether such events and conduct irrelevant considerations!STATUTORY INTERPRETATION – remedial legislation – principle of beneficial construction – whether adopted impermissibly in treatment of gaps in evidence!WORDS & PHRASES – 'needed or likely to be needed' – 'appropriate level of government' – 'beneficial construction'!LEGISLATION CITED: ![<i>Aboriginal Land Rights Act 1983</i>] (NSW), s 36![<i>Government and Related Employees Appeal Tribunal Act 1980</i>] (NSW), s 54![<i>Interpretation Act 1987</i>] (NSW), s 14, 33![<i>Land and Environment Court Act 1979</i>] (NSW), ss 38, 57![<i>National Parks and Wildlife Act 1974</i>] (NSW), s 33!CATEGORY: !Principal judgment!CASES CITED: ![<i>Akora Holdings Pty Ltd v Ljubicic</i>] [2008] NSWCA 339![<i>Batemans Bay Local Aboriginal Land Council v Minister Administering the Crown Lands Act</i>] [2007] NSWLEC 800![<i>Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd</i>] [1994] FCA 1074; 49 FCR 576![<i>Director-General, Department of Ageing, Disability and Home Care v Lambert</i>] [2009] NSWCA 102![<i>FAI Insurances Ltd v Winneke</i>] [1982] HCA 26; 151 CLR 342![<i>Haider v JP Morgan Holdings Aust Ltd</i>] [2007] NSWCA 158![<i>Housing Commission v Falconer</i>] (1981) 1 NSWLR 547![<i>Italiano v Carbone</i>] [2005] NSWCA 177![<i>Jerrinja Local Aboriginal Land Council v Minister Administering the Crown Lands Act</i>] [2007] NSWLEC 577; 156 LGERA 65![<i>Malvaso v The Queen</i>] [1989] HCA 58; 168 CLR 227![<i>McCathie v Federal Commissioner of Taxation</i>] [1944] HCA 9; 69 CLR 1![<i>Minister for Aboriginal Affairs v Peko-Wallsend Limited</i>] [1986] HCA 40; (1986) 162 CLR 24![<i>Minister Administering the Crown Lands Act v Bathurst Local Aboriginal Land Council</i>] [2009] NSWCA 138![<i>Minister Administering the Crown Lands Act v Deerubbin Local Aboriginal Land Council</i>] (1998) 43 NSWLR 249 (“[<i>Castlereagh Nature Reserve Land Claim</i>]”)![<i>Minister Administering the Crown Lands Act v Deerubbin Local Aboriginal Land Council (No 2)</i>] [2001] NSWCA 28; 50 NSWLR 665 (“[<i>Maroota Land Claim</i>]”)![<i>Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council</i>] [2008] HCA 48; 82 ALJR 1505![<i>Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council</i>] [2009] NSWCA 151![<i>Minister for the Army v Parbury Henty & Company Pty Ltd</i>] [1945] HCA 52; 70 CLR 459![<i>Minister for Immigration and Multicultural Affairs v Eshetu</i>] [1999] HCA 21; 197 CLR 611![<i>Muin v Refugee Review Tribunal</i>] [2002] HCA 30; 76 ALJR 966![<i>Neal v The Queen</i>] [1982] HCA 55; 149 CLR 305![<i>Parker v Director of Public Prosecutions</i>] (1992) 28 NSWLR 282![<i>Qantas Airways Ltd v Gubbins</i>] (1992) 28 NSWLR 26![<i>Re Minister for Immigration and Multicultural Affairs; Ex parte Miah</i>] [2001] HCA 22; 206 CLR 57![<i>Saville v Health Care Complaints Commission</i>] [2006] NSWCA 298![<i>State Transit Authority of New South Wales v Chemler</i>] [2007] NSWCA 249![<i>South Western Sydney Area Health Service v Edmonds</i>] [2007] NSWCA 16![<i>Sue v Hill</i>] [1999] HCA 30; 199 CLR 462![<i>SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs</i>] [2006] HCA 63; 231 ALR 592; 81 ALJR 515![<i>Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority</i>] [2009] NSWCA 178!TEXTS CITED: !DECISION: !(1) Appeal allowed.[<br>][<br>](2) The decision of Sheahan J of the Land and Environment Court dated 6 June 2008 allowing the applicant’s appeal and the final orders made by the Court on 4 September 2008 set aside.[<br>][<br>](3) Respondent to pay the appellant’s costs of the appeal, and to have a certificate under the Suitors’ Fund Act 1951 if otherwise eligible.[<br>][<br>](4) Matter remitted to the Land and Environment Court for decision in accordance with these reasons.!JUDGMENT: !IN THE SUPREME COURT!OF NEW SOUTH WALES!COURT OF APPEAL CA 40272/08 LEC 30751/06 HODGSON JA McCOLL JA BASTEN JA 11 September 2009 MINISTER ADMINISTERING THE CROWN LANDS ACT v ILLAWARRA LOCAL ABORIGINAL LAND COUNCIL Headnote !On 17 January 1986 Budderoo National Park was established south of Sydney and inland of Kiama. Its establishment fulfilled part of a proposal by the National Parks and Wildlife Service to provide a corridor linking existing parks along the Illawarra escarpment, using available Crown land. One of the constraints on the area of the Park as reserved in 1986 had been concern voiced by the Department of Mineral Resources that there might be economically viable coal reserves underlying parts of the escarpment.!On 3 March 1986 a land claim under the Aboriginal Land Rights Act 1983 (NSW) was lodged over two portions of land to the north of the newly established park. On 22 June 2006 the Minister rejected the claim, primarily on the basis that they were needed or likely to be needed for the essential public purpose of nature conservation. Small sections of the claimed land were rejected because they comprised freehold land, public roads or were lawfully occupied for mining purposes. !The respondent appealed to the Land and Environment Court against the refusal by the Minister. The area of freehold land having been conceded by the respondent, Sheahan J overturned the decision of the Minister in respect of the remainder of the claimed land, other than land reserved for public roads. The Minister appealed to this Court from the judgment of Sheahan J. !The issues for determination on appeal were: (i) whether the need or likely need must be identified to have been at "an appropriate level of government"; (ii) whether the trial judge correctly identified the use that could be made of evidence as to matters which arose after the lodgement of the claim; (iii) whether, in making use of evidence of post-claim events, the trial judge had denied procedural fairness to the Minister, and (iv) whether the trial judge elevated a finding of delay in determination of the claim into a principle that allowed any gaps in the evidence to be filled favourably to the Land Council.!The Court held, allowing the appeal:!In relation to (i)!(per Hodgson JA, McColl JA agreeing): 1. The trial judge did not address the correct question, namely whether the land was, as a matter of fact, likely to be needed by the executive government for an essential purpose. Rather, his Honour addressed a question distorted by an irrelevant consideration of whether any trajectory towards the existence of such need was itself at the appropriate government level: [39]. Minister Administering the Crown Lands Act v Deerubbin Local Aboriginal Land Council (No 2) [2001] NSWCA 28; (2000) 50 NSWLR 665, considered. Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; (1986) 162 CLR 24; Saville v Health Care Complaints Commission [2006] NSWCA 298, referred to.!(per Basten JA, dissenting): 2. The political commitment demonstrative of a need or likely need may be required to be discerned at Cabinet level, if the relevant decision is to be made at such level of government. The evidence was capable of supporting a conclusion that, absent the resolution of conflicting departmental positions as to the claimed land by Cabinet, the necessary political commitment did not exist as at the date of the claim: [94] – [100], [106] – [107]. Minister Administering the Crown Lands Act v Deerubbin Local Aboriginal Land Council (No 2) [2001] NSWCA 28; (2000) 50 NSWLR 665, applied. FAI Insurances Ltd v Winneke [1982] HCA 26; 151 CLR 342; Minister Administering the Crown Lands Act v Deerubbin Local Aboriginal Land Council (1998) 43 NSWLR 249; Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council [2009] NSWCA 151, referred to.
Load more

Recommended publications
  • Gerringong , Nsw South Coast Locals Guide
    L O C A L S G U I D E G E R R I N G O N G , N S W S O U T H C O A S T The NSW South Coast has so much beauty to discover. And once you are here, you will know what it means to be on 'south coast time'. SIMONE MATHEWS CREATOR OF THE PAUSE. W W W . T H E P A U S E . C O M . A U This is a curated guide to the local hang outs. Just don't let the locals know that we shared this with you. Simply click on the name for the link. W W W . T H E P A U S E . C O M . A U C O F F E E WALKING DISTANCE SHORT DRIVE The Little C, Werri Beach Wild Patch Belinda Street, Gerringong Manning Street, Kiama Clay Coffee Collective Diggies Cafe Millers Arcade, Gerringong Blowhole Point Road, Kiama The Hill Kiosk The Hungry Monkey Fern Street, Gerringong Collins Street, Kiama Prince Alfred Street, Berry The Deli Fern Street, Gerringong IV Coffee Queen Street, Berry The Kiosk Werri Beach Gerringong Surf Club, Werri Beach W W W . T H E P A U S E . C O M . A U F O O D WALKING DISTANCE SHORT DRIVE The Hill Bar + Kitchen The Blue Swimmer Fern Street, Gerringong Riverleigh Avenue, Gerroa Gather By The Hill Diggies Cafe Noble Street, Gerringong Blowhole Point Road, Kiama The Deli Wild Patch Cafe Fern Street, Gerringong Manning Street, Kiama The Kiosk Werri Beach The Hungry Monkey Gerringong Surf Club, Werri Beach Collins Street, Kiama Prince Alfred Street, Berry Smith Street Grill (Cronins Pub) Belinda Street, Gerringong Bangalay Dining Shoalhaven Heads Italian Bambinos Fern Street, Gerringong Miss Arda Meze Bar Terralong Street, Kiama W W W .
    [Show full text]
  • NPWS Pocket Guide 3E (South Coast)
    SOUTH COAST 60 – South Coast Murramurang National Park. Photo: D Finnegan/OEH South Coast – 61 PARK LOCATIONS 142 140 144 WOLLONGONG 147 132 125 133 157 129 NOWRA 146 151 145 136 135 CANBERRA 156 131 148 ACT 128 153 154 134 137 BATEMANS BAY 139 141 COOMA 150 143 159 127 149 130 158 SYDNEY EDEN 113840 126 NORTH 152 Please note: This map should be used as VIC a basic guide and is not guaranteed to be 155 free from error or omission. 62 – South Coast 125 Barren Grounds Nature Reserve 145 Jerrawangala National Park 126 Ben Boyd National Park 146 Jervis Bay National Park 127 Biamanga National Park 147 Macquarie Pass National Park 128 Bimberamala National Park 148 Meroo National Park 129 Bomaderry Creek Regional Park 149 Mimosa Rocks National Park 130 Bournda National Park 150 Montague Island Nature Reserve 131 Budawang National Park 151 Morton National Park 132 Budderoo National Park 152 Mount Imlay National Park 133 Cambewarra Range Nature Reserve 153 Murramarang Aboriginal Area 134 Clyde River National Park 154 Murramarang National Park 135 Conjola National Park 155 Nadgee Nature Reserve 136 Corramy Regional Park 156 Narrawallee Creek Nature Reserve 137 Cullendulla Creek Nature Reserve 157 Seven Mile Beach National Park 138 Davidson Whaling Station Historic Site 158 South East Forests National Park 139 Deua National Park 159 Wadbilliga National Park 140 Dharawal National Park 141 Eurobodalla National Park 142 Garawarra State Conservation Area 143 Gulaga National Park 144 Illawarra Escarpment State Conservation Area Murramarang National Park. Photo: D Finnegan/OEH South Coast – 63 BARREN GROUNDS BIAMANGA NATIONAL PARK NATURE RESERVE 13,692ha 2,090ha Mumbulla Mountain, at the upper reaches of the Murrah River, is sacred to the Yuin people.
    [Show full text]
  • Grand Pacific Drive
    Grand Pacific Drive Grand Pacific Drive OPEN IN MOBILE The scenic coastal drive along Sea Cliff Bridge, Clifton Details Open leg route 200.6KM / 124.7MI (Est. travel time 3 hours) From the rockpools and cliff-hugging rainforests to beaches and unspoilt marine parks, this journey offers a wealth of coastal drama. The PaciÊc Ocean is a constant, whether driving beside it or over it; exploring below the waves on dive expeditions, or above spotting whales and dolphins. And then there are the waterside bars, restaurants and wineries along the way. What is a QR code? To learn how to use QR codes refer to the last page 1 of 24 Grand Pacific Drive What is a QR code? To learn how to use QR codes refer to the last page 2 of 24 Grand Pacific Drive 1 Depart Sydney OPEN IN MOBILE Outside the Sydney Opera House in Circular Quay, Sydney GET DIRECTION S What is a QR code? To learn how to use QR codes refer to the last page 3 of 24 Grand Pacific Drive 2 Day 1: Royal National Park OPEN IN MOBILE Beaches, rainforest, waterfalls, rockpools, sheer cliÂs – this remarkable backdrop is just an hour south of Sydney. Australia’s oldest national park delivers 15,000 hectares of nature at its Ênest. Enjoy perspective at Governor Game Lookout. Your ocean vista is framed by native forest, a magnet for crimson rosellas and yellow-tailed black cockatoos. OÂshore you’ll spot migrating People swimming at Wattamolla, Royal National Park whales (May through November), with 25,000 traversing the country’s east coast annually.
    [Show full text]
  • Plan of Management Illawarra Escarpment State Conservation Area
    Plan of Management Illawarra Escarpment State Conservation Area Illawarra Escarpment State Conservation Area Plan of Management NSW National Parks and Wildlife Service September 2018 © 2018 State of NSW and the Office of Environment and Heritage With the exception of photographs, the State of NSW and the Office of Environment and Heritage (OEH) are pleased to allow this material to be reproduced in whole or in part for educational and non- commercial use, provided the meaning is unchanged and its source, publisher and authorship are acknowledged. Specific permission is required for the reproduction of photographs. OEH has compiled this publication in good faith, exercising all due care and attention. No representation is made about the accuracy, completeness or suitability of the information in this publication for any particular purpose. OEH shall not be liable for any damage which may occur to any person or organisation taking action or not on the basis of this publication. All content in this publication is owned by OEH and is protected by Crown Copyright, unless credited otherwise. It is licensed under the Creative Commons Attribution 4.0 International (CC BY 4.0), subject to the exemptions contained in the licence. The legal code for the licence is available at Creative Commons. OEH asserts the right to be attributed as author of the original material in the following manner: © State of New South Wales and Office of Environment and Heritage 2018. Acknowledgements The NSW National Parks and Wildlife Service (NPWS) acknowledges that the Illawarra Escarpment State Conservation Area is in the traditional country of the Wodi Wodi Aboriginal People of the Dharawal language group.
    [Show full text]
  • Macquarie Pass State Conservation Area
    Statement of Management Intent Macquarie Pass State Conservation Area 1. Introduction This statement outlines the main values, issues, management directions and priorities of the National Parks and Wildlife Service (NPWS) for managing Macquarie Pass State Conservation Area (SCA). This statement, together with relevant NPWS policies, will guide the management of the SCA until a plan of management has been prepared in accordance with the National Parks and Wildlife Act 1974 (NPW Act). The NPWS Managing Parks Prior to Plan of Management Policy states that parks and reserves without a plan of management are to be managed in a manner consistent with the intent of the NPW Act and the ‘precautionary principle’ (see Principle 15). 2. Management principles State conservation areas are reserved under the NPW Act to protect and conserve areas that: • contain significant or representative ecosystems, landforms or natural phenomena or places of cultural significance • are capable of providing opportunities for sustainable visitor or tourist use and enjoyment, the sustainable use of buildings and structures, or research • are capable of providing opportunities for uses permitted under other provisions of the NPW Act. Under the NPW Act (section 30G), state conservation areas are managed to: • conserve biodiversity, maintain ecosystem functions, protect natural phenomena and maintain natural landscapes • conserve places, objects and features of cultural value • provide for the undertaking of uses permitted under other provisions of the NPW Act (including
    [Show full text]
  • Agenda and Board Papers 14 June 2019
    Illawarra Shoalhaven Joint Organisation Board Meeting Friday 14 June 2019 Hosted by Kiama Municipal Council Council Chambers – Manning Street Kiama Agenda Delegates assemble Tea / coffee on arrival 10.00am – 10.10am Open Board Meeting Lachlan Clark- Director Southern Cluster 10.10am 10.30am Office of Sport Nicola Johnstone, Program Leader 10.30am – 11.00am Marine Strategy Implementation Aquatic Environment, Department of Primary Industries | Fisheries Sally Stevenson AM, General Manager 11.00am – 11.20am Judy Daunt, Chairwoman Illawarra Women’s Health Centre 11.20am – 1.00pm ISJO Board meeting 1.00pm Lunch 1 ISJO Business Paper 14 June 2019 Illawarra Shoalhaven Joint Organisation Board Meeting Hosted by Kiama Municipal Council Council Chambers, Manning Street, Kiama Friday 14 June 2019 Contents 1. Welcome & Acknowledgement of Country .................................................................................... 4 2. Attendees and Apologies ................................................................................................................ 4 3. Presentations & Guests including Parliamentary Members ........................................................... 5 4. Meeting Opening ............................................................................................................................ 5 4.1 Confirmation of previous minutes .......................................................................................... 5 4.2 Actions Arising from Previous Meeting .................................................................................
    [Show full text]
  • Conservation Assessment of Pomaderris Walshii Eren Delgado1 and Tony D
    1 Conservation Assessment of Pomaderris walshii Eren Delgado1 and Tony D. Auld1 February 2018 1, Science Division, NSW Office of Environment and Heritage Pomaderris walshii J.C. Millott & K.L. McDougall (Rhamnaceae) Distribution: Endemic to NSW Current EPBC Act Status: Not listed Current NSW BC Act Status: Critically Endangered Proposed change for alignment: List on EPBC as Critically Endangered Conservation Advice: Pomaderris walshii (Carrington Falls Pomaderris) Summary of Conservation Assessment Pomaderris walshii was found to be eligible for listing as Critically Endangered under Criteria B1+B2ab(iii)(iv)(v); C2a(i); and D. The main reasons for this species being eligible are: i) the species has a very restricted geographic range, with both the extent of occurrence (EOO) and the area of occupancy (AOO) being 8 km2; ii) it is currently known from only 38 mature individuals in the Upper Catchment of the Kangaroo River in NSW; iii) the extent and quality of habitat is threatened by change in land-use at the private tenure sites and also likely by climate change as the area is highly dependent on orographic rainfall; iv) a continuing decline in the number of populations and the number of mature individuals. One site on private land had a reduction of 23 plants from 2003 to 2015 due to habitat degradation, and now has only 7 known individuals There is flood damage to the known habitat area while an adverse fire regime may represent a threat, as may genetic consequences of a small population size (seed set is very poor). Description and Taxonomy The NSW Scientific Committee (2007) states that “Pomaderris walshii J.C.
    [Show full text]
  • Budawangia* an E-Newsletter for All Those Interested in the Native Plants of the Nsw South Coast
    BUDAWANGIA* AN E-NEWSLETTER FOR ALL THOSE INTERESTED IN THE NATIVE PLANTS OF THE NSW SOUTH COAST Contact: Dr Kevin Mills – [email protected] No. 32 - November 2014 Aims: To connect those interested in the native flora of the NSW South Coast, to share up to date information on the flora of the region and to broaden the appreciation of the region’s native plants. Editorial There are so many rainforest trees that many people find it difficult to accurately identify individual species based on leaves alone. This is true of the trees in the laurel family (Lauraceae). This edition contains a piece on identifying the local species based on leaf characteristics. Also included, is a note on a new record of a small rainforest tree found at Minnamurra Rainforest. This edition includes a new mystery weed, a piece on the Giant Pepper Vine of the local rainforests and wetland plant No. 8. Once again, the Illawarra Flame Trees Brachychiton acerifolius are flowering well in the region. Blotches of red appeared along the escarpment and in the rainforest remnants around Kiama early in the month. The common name flame tree is well deserved, as the bright red colour of thousands of flowers really does look like a tree in flame; this is heightened by the fact that the trees are usually leafless at this time. The genus Brachychiton is derived from brachys for short and chiton, a coat of mail, in allusion to the bristly coasting around the seeds in this genus. The species name acerifolius is in reference to the leaves that at times look like those in the deciduous maple tree genus Acer.
    [Show full text]
  • Potorous Tridactylus) at Multiple Spatial Scales
    University of Wollongong Research Online Faculty of Science - Papers (Archive) Faculty of Science, Medicine and Health January 2010 Habitat associations of the long-nosed potoroo (Potorous tridactylus) at multiple spatial scales Melinda A. Norton [email protected] Kristine O. French University of Wollongong, [email protected] Andrew W. Claridge University of NSW Follow this and additional works at: https://ro.uow.edu.au/scipapers Part of the Life Sciences Commons, Physical Sciences and Mathematics Commons, and the Social and Behavioral Sciences Commons Recommended Citation Norton, Melinda A.; French, Kristine O.; and Claridge, Andrew W.: Habitat associations of the long-nosed potoroo (Potorous tridactylus) at multiple spatial scales 2010, 303-316. https://ro.uow.edu.au/scipapers/683 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Habitat associations of the long-nosed potoroo (Potorous tridactylus) at multiple spatial scales Abstract This study examined the coarse- and fine-scale habitat preferences of the long-nosed potoroo (Potorous tridactylus) in the Southern Highlands of New South Wales, in order to inform the management of this threatened species. Live-trapping was conducted in autumn and spring, from 2005 to 2008, at two sites. Macrohabitat preferences were examined by comparing trap success with numerous habitat attributes at each trap site. In spring 2007 and autumn 2008, microhabitat use was also examined, using the spool- and-line technique and forage digging assessments. While potoroos were trapped in a wide range of macrohabitats, they displayed some preference for greater canopy and shrub cover, and ground cover with lower floristic diversity.
    [Show full text]
  • Visitor Guide NSW National Parks 2011 South Coast
    Sydney Bournda National Park South Coast An amazing strip of national parks follows the southern coastline, inviting you to discover and uncover. Along the coast, spotted gums, hundreds of years old, stretch to the sky, providing food and habitat to endangered native species. For some, the appeal is the colourful bird life and cheeky native animals. For others, it’s the grandeur of the endless blue ocean – sometimes calm, sometimes boisterous – as the waves crash noisily over the golden sand. Whales, dolphins, penguins and seals fi nd sanctuary here, while up in the sky you may spot a sea eagle gliding on the breeze. It warms the heart to know that this is how the South Coast will always be. Green Cape Lightstation at Ben Boyd National Park Photography: LEFT: A. Hutchings / DECCW, RIGHT: A. Brown / DECCW 52 For more information visit www.nswnationalparks.com.au/southcoast 0 25 50 100 Kilometres SYDNEY HIGHLIGHTS 16¬ ¬19 LIGHT TO LIGHT WALK ! WOLLONGONG ! The walk from Boyd's Tower to Green 10 NSW ¬ ¬22 1 Barren Grounds NR pg 54 Cape Lightstation in Ben Boyd National 9 8 2 Batemans MP pg 54 Park can take up to three days, but you ¬ 1 GOULBURN ¬ can choose to do sections of it as a one 3 Ben Boyd NP pg 55 ! day option. It’s a walk of spectacular 32 4 Bimberamala NP pg 54 5¬ coastal scenery, beaches, headlands 27¬ 5 21¬ Bomaderry Creek RP pg 54 and plentiful wildlife. You’re very likely to 6 Bournda NP pg 54 see whales during their annual migration 7 Budawang NP pg 56 between September and the end of ¬12 20 8 Budderoo NP pg 56 November, along with pods of dolphins ¬31 9 Bushrangers Bay AR pg 56 and magnifi cent sea birds.
    [Show full text]
  • Geodiversity of the South Coast Region, New South Wales
    University of Wollongong Research Online Faculty of Science, Medicine & Health - Honours Theses University of Wollongong Thesis Collections 2012 Geodiversity of the South Coast Region, New South Wales Michelle Grierson University of Wollongong Follow this and additional works at: https://ro.uow.edu.au/thsci University of Wollongong Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorise you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part of this work may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of the author. Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. A court may impose penalties and award damages in relation to offences and infringements relating to copyright material. Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. Unless otherwise indicated, the views expressed in this thesis are those of the author and do not necessarily represent the views of the University of Wollongong. Recommended Citation Grierson, Michelle, Geodiversity of the South Coast Region, New South Wales, Bachelor of Environmental Science (Honours), School of Earth & Environmental Science, University of Wollongong, 2012.
    [Show full text]
  • March 08 Book.Pmd
    2 AUSTRALIAN FIELD ORNITHOLOGY 2008, 25, 2–11 The Eastern Bristlebird Dasyornis brachypterus in East Gippsland, Victoria, 1997–2002 MICHAEL D. BRAMWELL Department of Sustainability and Environment, Bairnsdale, Victoria 3875 (Email: [email protected]) Summary This paper presents results from surveys to determine the distribution and abundance of the Eastern Bristlebird Dasyornis brachypterus and its Ecological Vegetation Class (EVC) preference from Howe Flat (5 km east of Mallacoota, Victoria) to Nadgee Nature Reserve in New South Wales over the period 1997–2002. A total of 1055 ha was surveyed, yielding 50 Bristlebird detection sites. A clear preference for Riparian Scrub Complex was recorded, with 38 of 50 Bristlebirds being detected within that EVC. At Bristlebird detection sites, ground-cover sedge species were the plants recorded most frequently and at the highest cover/abundance values; shrubs >1.5 m tall were recorded with a higher cover/abundance than shrubs <1.5 m. Forty-six of the 50 detections were from Howe Flat, and an estimated 60–80 pairs at a population density of 15–20 birds/100 ha were found there. Habitat is mostly unsuitable over the 10 km between the eastern edge of Howe Flat and recorded Bristlebird habitat in Nadgee Nature Reserve. Hence, the southern population of Eastern Bristlebirds should be managed as two subpopulations. Six other areas throughout Gippsland were also surveyed for Eastern Bristlebirds, but no Bristlebirds were recorded at any of these sites. Introduction The Eastern Bristlebird Dasyornis brachypterus is one of four bird species in Victoria considered endangered at both a state and national level (DSE 2003).
    [Show full text]