Mt. WARNING

For all your general chit chat, caching or not.
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CaleD
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Post by CaleD » 04 January 09 11:25 pm

delta_foxtrot2 wrote:
Papa Bear_Left wrote:In this case, however, the cache appears to've been removed and it was no longer a traditional cache, so this issue has gone away.

Ignore the cultural issues if you wish, but not to find a cache.

PS what I'm saying here is, who officially owns the land, and following policy from there, obviously there is some dispute above and beyond geocaching going on here and until that is solved by authorised 3rd party it sounds like crown land still and land like any other national park and should be treated as such imho.
...

Land rights is a complicated issue, and not one for any goecaching org to pick and choose which to deal with and which not to deal with, it should be based on the current land owner, and until such times as a court rules other wise or the crown hands over rights to that piece of land, the current land owner is the current land owner.
A can of worms in itself, primarily because of the concept of terra nullius (a legal term to describe land that is unowned) and native title. As Australia was declared terra nullius upon settlement, the British system of law came into play with respect to land rights in Australia (per Blackstone's principle). Everyone would undoubtedly be familiar with Mabo v Queensland (No. 2), in which the concept that the Crown had title was not questioned. However, it did basically outline that Australia was not terra nullius at the time of settlement. It was held that the common law should be changed to recognise that native title co-existed with the title the Crown held, and that if the traditional owners of the land could demonstrate that they had exercised traditional rights over the land since before British settlement, the ownership remained with them.

Of course, that was Mabo in a nutshell. The area of law is tricky.

Edit: Read it for yourself, if you're keen :) http://www.austlii.edu.au/cgi-bin/sinod ... 92/23.html
Austlii has some great stuff on the issue.

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Richary
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Post by Richary » 04 January 09 11:46 pm

Interesting, never got around to doing the climb up Mt Warning despite living in Lismore for a few years. I understood it was a bit of a tradition for some to climb and watch the first sunrise of the New Year. First place the sun hits the mainland at that time of year at least.

As for local aboriginal customs, a different kettle of fish. The aboriginals (or should that be indigineous people to be politically correct) I knew up there didn't live any sort of lifestyle relating to their past.

It sounds similar to the request placed at Ayers Rock/Uluru. Please dont but we won't stop you. More useful would be an explanation of what process/initiation you need to go through to be allowed to climb.

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Post by Guest » 05 January 09 12:14 am

richary wrote:As for local aboriginal customs, a different kettle of fish. The aboriginals (or should that be indigineous people to be politically correct) I knew up there didn't live any sort of lifestyle relating to their past.
There is a memorial put up near mum and dads place to recognise past deeds committeed against others, one of the 'true' local aboriginals, he's a funny guy too and you would be hard up to find any one darker either, goes on and on about how it was done by the gimme gimme tribe, ie those ones doing it just to get grants or other funding and not for the purpose they're stating it's for.
More useful would be an explanation of what process/initiation you need to go through to be allowed to climb.
Edumucation is always more useful, at least for those that are willing to be edumucated. Otherwise you just breed distrust and well another secret women's business anyone?

Guest

Post by Guest » 05 January 09 12:20 am

CaleD wrote:A can of worms in itself
Indeed, but I was trying to avoid it, but oh well dems da breaks.
It was held that the common law should be changed to recognise that native title co-existed with the title the Crown held, and that if the traditional owners of the land could demonstrate that they had exercised traditional rights over the land since before British settlement, the ownership remained with them.
Yes, but in this case it's more cut and dried, I wasn't aware that DECC was listed as the owner, nor they had an official policy on geocaching. Which makes the situation completely objective and able to follow policy on the respects of property "owners"
Of course, that was Mabo in a nutshell. The area of law is tricky.
The law is a lot of things ;)

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zactyl
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Post by zactyl » 05 January 09 2:27 am

Well I had a great morning climbing up there, and certainly didn't intend any disrespect to anyone.

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Post by Guest » 05 January 09 3:06 am

zactyl wrote:Well I had a great morning climbing up there, and certainly didn't intend any disrespect to anyone.
Doesn't matter what you do in this world you're bound to upset someone about something :)

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riblit
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Post by riblit » 05 January 09 6:04 pm

delta_foxtrot2 wrote:, I wasn't aware that DECC was listed as the owner, nor they had an official policy on geocaching.
DECC isn't listed as the owner, they manage the national parks and this bump in the landscape is in one.
The policy is on their website and has been the subject of more than a few threads here.

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If
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Gimme a lift up would ya !!

Post by If » 05 January 09 6:12 pm

I tried to find the two caches on Mt Warning one rainy day a couple of years ago, but was beaten by ambiguous clues and even more ambiguous satellites :lol:
I've climbed up there several times over the years and will climb up there again sometime :D
Mountains were put there to climb and damned if anyone's going to make me have a guilt trip about it :D
lukim yu behain :o

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Post by Guest » 05 January 09 6:40 pm

riblit wrote:DECC isn't listed as the owner, they manage the national parks and this bump in the landscape is in one.
The policy is on their website and has been the subject of more than a few threads here.
Put it this way, if someone was lighting fires who would be elligible to file a complaint as the land owner/manager?

Speaking of which, wonder if I should chase that up since they didn't bother to chase me up for the evidence I've got still sitting here.

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tronador
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Re: Gimme a lift up would ya !!

Post by tronador » 05 January 09 6:45 pm

If wrote:
Mountains were put there to climb and damned if anyone's going to make me have a guilt trip about it :D
Ditto :D

saintrob
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Post by saintrob » 27 January 09 12:41 pm

Thanks all for your thoughts on the subject of climbing Mt Warning.

Just to let you know I will be climbing.
I will be respectfull .


AS FEW OF YOU SAID MOUNTAINS ARE THERE TO BE CLIMBED......

thanks again
saintrob

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ruzzelz
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Re: Gimme a lift up would ya !!

Post by ruzzelz » 29 January 09 9:49 pm

If wrote:I tried to find the two caches on Mt Warning one rainy day a couple of years ago, but was beaten by ambiguous clues and even more ambiguous satellites :lol:
I've climbed up there several times over the years and will climb up there again sometime :D
Mountains were put there to climb and damned if anyone's going to make me have a guilt trip about it :D
lukim yu behain :o
Ready and waitng. :idea:

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