THE death of a woman in a tree fall tragedy on the Murray River occurred on land with no health and safety measures in place and “apparent illegal activity” by the people running the site, a coroner has found.
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But the land manager said all he has wanted to do is give people a place to camp and enjoy nature, labelling the woman's death a freak of nature.
Coroner Audrey Jamieson believes camping should be shut down if changes aren’t made.
Anita Kalnins, 33, was killed while camping at the riverfront area off Brimin Road on November 5, 2014.
She was staying with her partner Paul Keen and others, and tried to run when the red gum branch began to fall.
Two people escaped but Ms Kalnins was crushed to death, with the coroner finding her death an “act of nature”.
In a tragic twist, the group had been camping at the site for six days and were only moments away from leaving when the branch snapped.
The incident occurred on crown land which Rick and Sheree Coulthard charged campers money to access via their property.
They have since separated.
They have grazing rights but no licence to operate a camping area despite the coroner noting the couple “have been running a profitable camping enterprise over the crown land”.
Parks Victoria staff had been banned from accessing the site and warned not to attend the property without police due to safety fears.
Staff had therefore been unable to install warning signs or maintain the site.
The coroner did not say there was a link between the Coulthards’ behaviour and the child care worker’s death.
But she did say Parks Victoria had “allowed a dysfunctional situation to continue” where it was barred access to maintain the crown land.
“It should be a fundamental, unsaid right of Parks Victoria to be able to access, monitor and maintain crown land,” Ms Jamieson said.
“If the Coulthards are not prepared to adopt appropriate, regulated measures for their commercial camping enterprise, they should shut it down.”
The Coulthards did not have a tour operator licence for the site and the coroner said there were no health and safety measures in place.
It certainly was a terrible tragedy ... a life cut short far too soon and not having the opportunity to grow old
- Gill Kalnins, who lost daughter Anita in a tree fall tragedy
Ms Jamieson said Parks Victoria and the Department of Environment, Land, Water and Planning had allowed the “illegal camping” to continue on the site.
“It seems abhorrent that private individuals are able to exploit crown land, where obligations for maintaining the area divests to Parks Victoria,” she said.
“In these circumstances, the health and safety of (the) public is being compromised for the benefit of individuals.”
But a report also noted it is common for many licensees to breach their conditions and allow camping on river frontage.
Leading Senior Constable Aaron Hardinge noted even though the grazing licence prohibited camping, a large number of local camping areas had such licences.
A Park's Victoria employee said the “Hume reach of the Murray River has had numerous historic clashes in past and current uses and land tenures".
The couple charged Mr Keen $1500 per year to access a road to the site, which he had been visiting three to four times each year for 10 to 15 years.
He had permission for up to four caravans to stay at the site year-round.
Ms Kalnins’ mother, Gill, questioned whether her death could have been prevented.
“Acts of god happen and are tragic,” she said.
“But the whole issue is whether it could have been prevented.
“Authorities should be able to check and make sure everything’s in working order.
“These things can be prevented if people are allowed to do their jobs.
“I believe it is quite a complex, ongoing problem and has been for some time.”
Her daughter grew up in the east Melbourne suburb of Vermont and remained in the area.
She met Mr Keen about five years before her death and they had bought a house in Chirnside Park together.
Gill said Mr Keen still struggled with her death.
“She was a wonderful, intelligent, vibrant young woman who had her whole life ahead of her,” she said.
“She was looking forward to getting married and having a family, finishing off her teaching degree.
“It certainly was a terrible tragedy in terms of a life cut short far too soon and not having the opportunity to grow old.
“(Mr Keen) is struggling, as we all are, coming to terms with what happened.”
Mr Coulthard said he hadn't done anything wrong, and all he was doing was giving campers access to the river.
“Camping, I think, is one of the fundamental rights of Australians – that's what Australians want to do,” he said.
"Trees are everywhere, they were just sitting under a tree.
"What can governments do, make a law against sitting under a tree?
“What are you going to do, put a sign under every tree saying it's dangerous?”
Mr Coulthard said government departments were “trying to build an empire”.
He said he was trying to recoup some of the costs associated with allowing camping at the site, including public liability insurance.
“All we did 20 years ago was try to start recouping the costs associated with people coming in and having a good time on holidays,” Mr Coulthard said.
“That’s how charging people to access the river came about.”
Kathleen Foley, who appeared at a coronial hearing for Parks Victoria, said it was impossible to have warnings at all areas where there is tree fall risk due to the size of the state's bushland.
A DELWP spokesman said the department was considering the findings and would formally respond to the coroner by January.