If you get hassled by the rangers, my advice is to ask for written evidence of the requirement to book in the quarries.

Ask them where the reference is in the Darling Range National Park Management Plan or indeed any DEC document.

There is waaaaay to much liberty being taken at the moment by the hills district DEC. The approach by DEC changes depending on the venue, time of day and who you ask.

It all seems to be driven by an unwarranted fear of litigation. No land owner in the UK, Australia or USA has ever been successfully sued by climbers. This is a legal fact and is monitored by the UIAA.

The following was presented last year at the Australian Climbing Festival.

Access + bolting FAQs

Australian Climbing Festival

© Gordon Brysland

8 April 2007

 Do land managers in Australia owe a duty of care to climbers? – Yes, by reason their statutory functions, if not also under the common law – there is no doubt about this .

 Are land managers then liable for climbing accidents? – No land manager in Australia has ever been held liable for a climbing accident on land they manage.

 Why not? – Recreational accident cases show that the standard of care required of the reasonable land manager does not require the elimination of all objective dangers .

 Do land managers have to put up warning signs for climbers? – No, courts consistently say this is not necessary, as the activity is voluntary and the risks obvious .

 Are climbers personally responsible therefore? – Most recent cases make the point that recreational users necessarily accept the risks of dangerous activities they engage in .

 Are land managers protected by legislation? – Yes, Australian jurisdictions also have new civil liability laws which may provide added legal protection for land managers .

 What if the manager actively regulates climbing or adds to the danger? – These are two situations where legal liability is potentially attracted by land managers.

 In what situations have land managers been held liable for accidents? – Where they actively take responsibility for and encourage the activity, but are then negligent .

 What happens in the US? – Recreational accidents (including climbing ones) almost never even get to first base in court because a variety of special laws protect land managers .

 Could a bolter ever be liable? – In the same way guides and gyms can be liable, bolters might be made responsible for any negligently installed bolts which later cause injury .

 In which situations? – Where manufacturer instructions are not followed, or the bolter otherwise does not comply with accepted industry practice, are two possibilities .

 What about maintenance? – It is less likely bolters could be held liable for normal ‘wear and tear’ failures, given that climbers accept inherent risks by their participation.

 What should bolters do? – As the BMC suggests, they should follow best practice and keep a comprehensive record of bolts they instal – ‘where, why, what and how’ information.

 Could a land manager be liable for a bolt failure accident? – If managers actively regulate the activity or instal bolts themselves, liability for any negligence is possible.

 Have there been any cases anywhere on bolt failure? – None I am aware of, but the UIAA legal experts group has the issue under close surveillance in all member countries.

Get in touch with DEC and do something !

Be assertive, well informed and ask for written clarification on the issues.

They are a bunch of kids playing at being adults and if you ask them intelligent questions, their answers will be sadly lacking.

DEC (Hills area) can be contacted on:

08 92952244.