Wingecarribee Shire Council to seek legal advice around Mount Gibraltar trails

Eight people representing both sides of the argument took the opportunity to speak on the issue that's currently dividing the community.

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Tavish McPherson spoke first. He's a 14-year-old student who rides the trails and is passionate about keeping the hobby open for himself and the gravity riders he represents.

In April Southern Highland News reported on the Change.org petition being driven by Tavish to: "Save the Gibraltar Mountain bike and walking trails."

On Wednesday, the Year Nine Chevalier College student told the council he was a "passionate" mountain bike rider who represented generations of Highlands youth who have enjoyed countless hours of "riding and maintaining the trails".

ALSO READ: Youth petition the council to save their loved Mount Gibraltar bike trail

He described the trails as a vital and long lasting part of the community, and said they were an outlet for physical activity.

"They also bolster of the mental health of youths in the Highlands," Tavish said.

"This is especially needed after the COVID-19 lockdowns."

He went on to list the ways in which the trails were an important Highlands infrastructure.

"It is common knowledge that the changing demographic of the Highlands with a large influx of young families has left a huge disparity between facilities and children to use them," Tavish said.

"Gravity riding, which the trails support, is also a growing genre of mountain biking."

He called on the council to "leave the trails alone" until a permanent solution was found. It was his view that this would be a "balanced approach" that takes into account the needs of the whole community.

"This approach is the most mutual as it doesn't leave riders without a trail and out on the streets with nowhere to go and nothing to do," Tavish said.

However, his presentation did not sway Jane Lemann and the Mount Gibraltar Landcare and Bushcare group she represents.

Her presentation was mainly focused on the legality of the trails.

"I compliment the council staff for the preparation of a report that should make a great opportunity for the shire," Ms Lemann said.

"Unfortunately it fails to emphasise the fact that mountain bike track construction in the Mount Gibraltar Heritage Reserve is illegal and should have been closed immediately and the perpetrators prosecuted."

ALSO READ: Landcare's Jane Lemann talks Mount Gibraltar Heritage Reserve conservation works

She went on to describe the ease with which a natural area can be damaged: "It is so easy and cheap to damage and destroy a natural area, and so hard and expensive to recover and secure a small section."

According to Ms Lemann, the 130ha Mount Gibraltar Heritage Reserve is under "enormous" pressure from the surrounding urban development, traffic and misuse.

"Wingecarribee Shire Council is the legal authority to prevent this unauthorised track construction, or any other form of damage to the reserve," she said.

"It can itself be prosecuted for not enforcing environmental law."

As such, Ms Lemann said the damage had been reported to: "the EPA, Sydney Water, NSW Water, local land services, the State Department of Planning and Environment, National Parks and the National Department of Climate Change Energy the Environment and Water, to our members of Parliament and the Federal Minister for the Environment.

"There must be consultation with landowners and permission given before destroying the property - it is the law," Ms Lemann said.

"Without law there is anarchy."

She called for council to modify the report recommendations to include: "That Council endorse the deconstruction of damaging unauthorised, or any extended unauthorised, mountain bike trails that have been or are constructed prior to or after adoption of the Natural Areas Recreational Activities Strategy."

Adam Cooper of Highlands Trails spoke next and said he understood the frustrations of both sides of the community.

"The controversy around the trails on the Gib and the survey that followed has really exposed what we already knew. There is a desire to not just expand the existing networks but for mountain bike infrastructure that's not currently available within our region," he said.

"This means that riders are travelling elsewhere, and that those from other area's aren't coming to the Highlands. Meaning that we're missing out on tourism revenue."

He admits the trails were built without permission on an area classified as environmentally significant.

ALSO READ: Highlands Trails' Adam Cooper on petition to save Mount Gibraltar gravity biking

"What's probably more significant from a community point of view was that they were built in an area that another volunteer group has been working tirelessly for many years to restore to a pristine natural state," Mr Cooper said.

"As a volunteer who has personally seen my hard work damaged by others I can imagine this would have been a bit of a gut punch."

He said Highlands Trails wanted to work with the council to develop a framework to assist and where appropriate formalise existing unsanctioned trails and identify suitable new areas.

"Such a framework would aim to minimise the impact on the surrounding environment and maximise safety for all users, while aiding council in achieving it's goal of healthy and strong communities," Mr Cooper said.

"Where unsanctioned trails are found to be in contention with other interests that can't be resolved we would work with Council to find alternative options whilst communicating to the larger mountain bike community that the unsanctioned trails should not be used."

Council's administrator Viv May told those gathered he was happy with the report recommendation until he visited the site for the first time on Monday, June 19.

ALSO READ: Mountain Biking in Natural Areas on Wingecarribee Shire Council agenda

"I was concerned by what I saw," he said.

"Not overly in relation to the works taking place there. I was more concerned about safety and misuse issues."

He said that if his grandchildren went mountain bike riding on the trail and weren't good riders there would be "a risk posed".

"It worries me that if the council was to condone the continued use of that facility that's been constructed there while it undertakes a process, where does that place the council liability wise? Mr May said.

"And where does it place the council officers if there was a tragedy? And where does it place me for agreeing to the recommendation? These are things that are exercising my mind."

At the same time he said there was "no doubt" that gravity riding and mountain bike riding was not going to go away in the shire, and a solution must be found.

"I hear what people are saying about the environmental risks and I acknowledge the enthusiasm of the boys and girls who have been doing the work there," Mr May said.

"But I do have a worry in relation to its continued use given the circumstances. That ride that's been developed that goes across the creek with the tree lying over it - I would urge any parent whose kids say they're going mountain bike riding on Mount Gibraltar to go and have a look first."

He said that this was in no way a criticism of what's occurred there: "even though I'm not happy with what's occurred there."

Mr May said it's happened now and that the council must manage it. However, he was worried about the recommendation.

"I'm going to move that subject to the general manager obtaining legal advice in relation to the continuing use of the unauthorised Mount Gibraltar Heritage Reserve mountain bike trails and associated exposure to risk the general manager be delegated authority to implement the officer's recommendations," he said.

"In other words if the general manager obtains advice that the council - in other words, the Wingecarribee community - is not exposed to the risk if there is tragedy or anything happens there, I'm happy to run with the recommendation.

"But I'm not happy to expose the council's administration who have made the recommendation and myself if I adopt it to what potentially could happen. I'm not saying it's going to happen, but I'm trying to be as reasonable as I can, it's something that's not really addressed in the report and it worried me."

Mr May declared that carried. He also acknowledged that the timing of the meeting did not allow for a number of trail users who are school students to come and be heard at the public forum.

"We heard from those who do a lot of volunteering and some damn good work on Mount Gibraltar but I think that the same wasn't allowed for some of the users by virtue of the timing of the meeting," he said.

He promised that further consultation would be held at times more suitable for all trail users.

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