None of the media covering the story stated why this was an offence (they were all too obsessed with the spuds and naan) but they did quote NSW Police Force Rescue commander Brenton Charlton said the route through remote terrain was extremely difficult to complete safely and had taken much longer than estimated. “Getting the basics right with trekking is so easy – all people have to do is notify the police or other responsible person of their trip intention and carry a personal locator beacon,” Charlton said. “Making use of available technology, together with some commonsense trip preparation, could mean the difference between life or death.”
Whatever about that quantity of food being sufficient for three days, it is clear the man was underprepared. Though some people on that bushwalk forum said the walk was possible in three days, even a modicum of research would have uncovered it was likely to take much longer. According to this site devoted to walks at Newnes, the track to Upper Colo is listed as a very hard grade walk that takes seven days. The walk “ is for experienced and well prepared walkers only! Country traversed is rugged and there are no tracks beyond Annie Rowan Creek.”. Its advice is “Check with your local bushwalking club before attempting this one.”
Clearly the Victorian did not take this into account. But should that be an offence? And should all bushwalkers be forced to take a “personal locator beam”? PLBs are distress radio beacons which transmit location information about individuals directly to Search and Rescue forces letting them know that the owner is in grave and imminent danger. They retail on Gumtree for around $225 second hand though Blue Mountains police apparently do give them out for free. When Briton Jamie Neale was found alive after being missing in 2009 for 12 nights, Blue Mountains police superintendent Tony McWhirter told media they have free PLB for bushwalkers so they can locate them. However since then, the law has changed.
The NSW police media release (which was the basis for all media stories – no journalist did original research) did state why the fine was activated. It was issued under the National Parks and Wildlife Regulations of 2009 for engaging “in activity that risks the safety of self/others”. The relevant clause is 22(1)(d) which reads “Sporting, recreational and other activities
(1) A person must not in a park:
(d) engage in any activity or recreational pursuit that involves risking the safety of the person or the safety of other persons or damaging the environment.
Maximum penalty: 30 penalty units.”
As a contributor to a NSW buskwalk forum said, the fine is “troubling”. “ Guy sounds like an idiot, said colinm, “but I don’t see that it necessarily warrants a fine. Since he’s a Victorian, I bet he doesn’t contest the charge, so is a bit of a soft target.” So should bushwalkers be forced to be prepared or should anyone have the right to go out and do what they want? Was it necessary for an expensive search and rescue operation to be mounted when the man was just four hours late? And what equipment should be compulsory on any trip? These angles were not covered by media. In their efforts to make the trekker look like a fool, the naan proved more alluring than the nanny state.