The
Control of Vehicles (Off-road Areas) Act 1978 (the Act)
currently only operates in certain areas of the State, meaning that the
provisions of the Act can only be enforced in these areas. It also means
that ?Permitted Areas?, established under the Act, cannot be
established until such time as the Act covers the relevant area.
This
significantly limits the options available to local governments for
controlling off road vehicle use. Other legislation must be relied on
such as:
- local laws;
- the
Conservation Land Management Act 1984 and Regulations 2002;
- the
Land Administration Act 1997;
- the
Metropolitan Water Supply, Sewerage and Drainage Act 1909 and By laws 1981;
- the Road Traffic Act 1974 and subsidiary legislation; and
- the
Motor Vehicle (Third Party Insurance) Act 1943 and Regulations 2009.
However,
the Act provides the Governor with the authority to extend the
operation of the Act to particular areas or an entire local government
district. Local governments are encouraged to consider this option.
Extending the area of operation to cover your district has a number of potential benefits including:
- greater deterrent measures to combat anti-social and illegal rider behaviours;
- compulsory registration of off-road vehicles and easier user identification;
- the
ability to establish a Permitted Area for off-road vehicles that is in
an appropriate and safe location for users to ride; and
- the
ability to establish a Prohibited Area to prevent all vehicles from
accessing an area for public interest reasons, such as environmental
preservation.
The attached page outlines
where the Act currently operates. More information on the current Permitted Areas and Prohibited Areas can be found on my
department's website.
For
further information, including the process to extend the operation of
the Act, please contact Mr Troy Hancock, Senior Legislation Officer at
my department, on 61 8 6552 1624 or via email at
troy.hancock@dlgc.wa.gov.au.
Hon Paul Miles MLA
Minister for Local Government; Community Services;
Seniors and Volunteering; Youth