FORMER and would-be Natimuk Lake Foreshore Committee members want apologies and mediation from Parks Victoria and the Department of Environment, Land, Water and Planning over an ongoing dispute relating to the management of Natimuk Lake.
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Keith Haustorfer and Brian Klowss, are unhappy they were not reappointed when the former committee's three-year term expired on June 7. Another Natimuk resident, Kerry Walker, is unhappy she was not appointed to serve what would have been her first term on the committee.
DELWP's acting regional director for the Grampians, Alison McFarlane, said the organisation "followed standard nomination, assessment and appointment processes" in appointing the new committee.
Ms McFarlane said DELWP was organising to meet with the committee to induct the new members.
"The offer from DELWP staff to meet with committee members remains open, although it has been declined by the committee at this time," she said.
"The committee has been invited to contact DELWP if it has any questions about its role and responsibilities or good governance practice for DELWP committees of management."
The dispute
Mr Haustorfer said: "We had a really good relationship - hand and glove - with Parks and DELWP, and all this trouble, as we've been told, is from the outlet."
The Natimuk Lake Foreshore Committee of Management began construction of a new weir and embankment at the northern edge of the lake in 2016. The outlet will replace an old weir nearby to allow for the release of water into the lake during floods.
Parks Victoria, which has managed the reserve on which the weir is built since 2003, says the committee operated on land outside its legal authority and did not have its approval to start construction.
Mr Haustorfer argued not only was the committee authorised to do the work, but Parks Victoria officials were aware and involved in the planning.
Mr Klowss said: "We worked with the departments on the concept of getting a new outlet put through, (got) letters of support from the Catchment Management Authority and DELWP."
Ms McFarlane said DELWP provided written support to the committee for a grant application for a weir structure on the lake in 2015. A DELWP spokeswoman reiterated the reserve manger, Parks Victoria, was required to agree for any works to occur.
Mr Klowss has received letters from DELWP linking the tension over the outlet to him missing out on a spot on the incoming committee.
One letter from Ms McFarlane, dated September 6, reads in part: "In recent years the Natimuk Lake Foreshore Reserve Committee has been involved in a proposal to build a new weir on the adjoining Parks Victoria managed Natimuk Lake foreshore. DELWP is aware that this has caused significant tensions between some committee members and some key local stakeholders, including Parks Victoria and DELWP itself. Consequently, DELWP believes it is particularly important to appoint people to the committee who can manage the Crown land reserve in an objective manner and form positive relationships with adjoining land managers and stakeholders."
Ms Walker, who has public service experience, has not previously served on the committee.
She said DELWP changed the criteria for selection prior to the election without informing applicants.
"They're now saying this wasn't an election, and the people were nominated in order to be put up to be nominated for approval, which is not what the previous process had been," she said.
"In September I got a letter from (DELWP) saying when making new appointments, DELWP considers all the information available to it - including consultation with relevant stakeholders on our suitability. They've gone outside the (Public Administration Act of 2004) by saying now we talk to key local stakeholders including Parks Victoria and DELWP itself.
"DELWP also said applications for appointment to committees should be seen in the same light as applications for other types of employment - and as such there is no appeal process.
"I've written to them saying if it's on par with employment, I'm entitled to see the key selection criteria and I'm also entitled to an independent review. I've said they can't do that, because they are both the minister's delegate, and the line manager of the person who wouldn't put in my nomination."
Ms Walker said she wanted DELWP to engage an independent mediator to resolve the dispute.
The Mail-Times also asked DELWP of the perceived overreach by the Natimuk Lake Foreshore Committee volunteers on starting construction on their weir was the reason they were left off the re-elected committee, as cited in Ms McFarlane's letter to Mr Klowss.
"The appointed committee members were considered best able to focus on delivering the land management responsibilities of the committee, and to work with other stakeholders with an interest in the lake. The new committee includes two previous members and two new members, providing for business continuity while bringing a fresh perspective to the committee," Ms McFarlane said.
"Any community member - including the unsuccessful applicants - can make a contribution to the management of the foreshore reserve and support the new committee in a volunteer capacity. The unsuccessful applicants have been encouraged to contact the committee to discuss how they can support it and the important work it does."
Recent history
The committee uses interest from the the Otto Spehr Trust - money gifted by an early resident of the same name for Natimuk Lake's beautification - along with grants, to finance facilities at the lake.
Mr Haustorfer said the committee had secured infrastructure for the lake worth $2 million during the past 25 years. The committee has existed since 1968.
Mr Klowss and Ms Walker said they were worried no work could be done at the lake with only four members on the incoming committee. Ms Walker said the committee remained interim and Zakk Taylor was acting as the chairman.
The trio shared a letter Mr Taylor wrote to DELWP's regional manager for land and built environment Grant Hull in September, and Scott Douglas at DELWP's Horsham office.
In it he asks the organisation to "change its mind" and appoint them to the committee.
An excerpt from it reads: "I am very worried that they have not been appointed to the committee. Their skills are needed and the knowledge and history that Brian and Keith hold is invaluable. Having a committee of four people will not be adequate for all the work that it needs. Also, as one of those appointed, I would need to carefully consider whether or not I accept the appointment knowing that Brian, Keith and Kerry have been excluded. I am also concerned about how upset the general community of Natimuk will be when it is clear that respected residents have been rejected by DELWP."
Ms Walker said: "Because the committee is incorporated, it's registered with the Australian Securities and Investments Commission, and ASIC says it needs a minimum of five members to act as an incorporated body.
"Consumer Affairs Victoria confirmed that and we've asked DELWP for months now about whether or not this applies to the committee as a public entity or only to incorporated associations. We just can't get an answer.
"If not, each member then carries individual liability because they are not covered by that protections of being an incorporated body. We can't have everything come to a halt - Keith put down solar lighting to Nati Frinj visitors - but we've got a watering system to go in and we're loathe to go ahead if we haven't got those protections.
"The weir is just a small part of a larger project. Once we get the water back into the lake, that's not the end of the story - we need to figure out how to get the birds back and how to rejuvenate the soil."
Works to continue
The Natimuk Lake Foreshore Committee is a government-appointed committee created under the Crown Land (Reserves) Act (1978).
A Parks Victoria spokesman said following reviews, and given the weir is on land it manages, the organisation decided to take on management of the weir in May. He said the organisation was using the same engineers the Natimuk Lake Foreshore Committee engaged to carry out the work.
"(It) will still require legal, safety, environmental, cultural heritage and regulatory checks and a cost-assessment," he said.
"Support for the project is required from Traditional Owners, DELWP, Horsham Rural City Council and the Wimmera Catchment Management Authority."
Ms McFarlane said DELWP was undertaking a state-wide review to improve how DELWP supports committees of management..
"The Natimuk Lake Foreshore Committee Incorporated is responsible for the caravan park and adjacent foreshore only," she said.
"As an adjoining land manager, the new committee is encouraged to work co-operatively with Parks Victoria to support the co-ordinated management of Natimuk Lake and its surrounds."
According to the Wimmera Catchemt Management Authority, Natimuk Lake is part of the nationally-significant Natimuk-Douglas saline wetland system, supporting a number of rare species and providing an important habitat for birds.
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