Withdrawal of Film Company Appeal a victory for Blue Mountains Wilderness Area

April 30, 2004: In a significant victory for wilderness areas, the State Government and a film company have withdrawn their appeal against yesterday’s ruling of the Land and Environment Court that prevented filming in the Grose Wilderness area of the Blue Mountains National Park.

The landmark decision of Justice Lloyd that the proposed commercial filming of scenes for the war movie “Stealth” in the area was unlawful, is a significant statement on the value of wilderness areas and the protection that should be afforded to them.

Justice Lloyd found in the case of Blue Mountains Conservation Society Inc v Director-General National Parks and Wildlife; the Minister for the Environment and AFG Talons Pty Ltd, that the authorities and consents issued on behalf of the Director-General for National Parks and Wildlife were invalid.

The Environmental Defender’s Office NSW Ltd (EDO) acting on behalf of the Blue Mountains Conservation Society Inc (Society) commenced proceedings late Tuesday afternoon seeking an urgent hearing to restrain the set up and filming of scenes for “Stealth”.

The Society claimed that the authority and consent for the commercial filming activities were in breach of the National Parks and Wildlife Act 1974 and the Wilderness Act 1987. In particular, that the use of an area designated as wilderness for commercial filming activities was contrary to the purpose for which the land was reserved, the objectives of the NPW Act, the principles of management for national parks and the principles of management for wilderness areas.

Justice Lloyd accepted the Society’s arguments that the proposed commercial filming in a wilderness area was completely antipathetic to the intended use of the land. His Honour concluded his judgement with the words, “wilderness is sacrosanct”.

For more detail contact:
EDO Director Jeff Smith or EDO Principal Solicitor, Ilona Millar on 9262 6989.

* The EDO is a non-profit, non-government community legal centre which provides legal advice and representation to individuals and community groups working to protect the environment. The EDO also takes an active role in environmental law reform and policy formulation and runs a statewide education programme.