I am writing on behalf of Kyogle Dirt bike Club (KDBC) to inform you that there is a well funded anti motorcycle group attempting to have all motorcycles banned from properties less than 40 hectares (100 acres) and impose severe restrictions on recreational riders on private property which is greater than 100 acres (40hectares).
The previous NSW state government passed legislation to allow people to complain if they find noise offensive (Section 69 LGEPA). The person does not even have to be a resident of the shire to be able to complain. Under this new legislation council must act to remove the source. This is done by placing a stop order on the property and the owner. If the stop order is violated then fines of up to $100,000 can apply per day of use.
Just so you are aware, take for example a stock Yamaha WR 450 registered in NSW by the RTA. This bike is road legal and can go on any registered road in the state and meet all requirements of the law. However under this new legislation if anyone complains to council, this same bike cannot be ridden on private property and remember is doesn’t have to be a neighbour to complain. Kyogle council has adopted a draft policy (see attached URL page 67 onward) and it will be out for public comment at the end of this month.
http://www.kyogle.nsw.gov.au/content/uploads/AGENDA28MAR11.pdfhttp://www.northernstar.com.au/story/2011/03/29/move-to-muffle-dirt-bike-riders-kyogle/This has led to a group of people driving around our shire taking photos and videos and presenting evidence to council forcing them to act. There have been 20 complaints out of a total of 9868 people (0.2%of 1%) in our shire. This anti bike group is well funded and most of the group are not gainfully employed, allowing access to council 5 days a week. They are a splinter group of the Anti World Rally Championship that was successful in having the rally moved from Kyogle Shire.
Kyogle council has assisted our club in organising Development applications to run races through motorcycling NSW.
However, our members feel the councils attitude towards recreational riders is abhorrent. We are a very small club with less than 30 members all with full time employment. We don’t have the resources or the skills to fight this well organised and well funded group, who have access to the media, both newspapers and television.
We need your help!!!!
This group is trying to make our shire the example for all others in the state to follow and they have already emailed and contacted many other anti bike groups on the north coast to start lobbying their local councils and use this legislation against all motorbike riders. We unfortunately are the test case and once the draft is adopted we are all finished.
Your local government area will be next.
You and your club needs to lobby your local politician to have this legislation changed, (or at least a decibel rating for "offensive" applied), and once the draft from our council is available for public comment we need to all make submissions.
Please do take this matter seriously, we already have stop orders on 12 and 10 year old children riding Yamaha TTR's, a 125 and a 90. (A lawn mower is louder). This is how extreme this group is and they have stated that this is just the beginning.
Primary production practices are exempt, but recreational riding on farms IS NOT!
Any suggestions or help will be greatly appreciated.
Thanks for your time,
Chris Simpson
Club Secretary on behalf of Kyogle Dirt Bike Club
[email protected]PLANNING&ENVIRON MTG 13 APRIL 2011.doc