Ordinary Council: Agenda

16 December 2014

Page 52

Item: 12.1.4

Off Road Vehicle Management - Formation of Working Party Advisory

Committee
Author/s

Rod Hilton

Executive Manager Community Division

Authorisor/s

Matthew Scott
Rod Hilton

Chief Executive Officer

Executive Manager Community Division

File Ref: D14/25305

Applicant
Internal
Location/Address
Shire of Esperance
Executive Summary
Council is requested to consider the formation of a working party to advise Council on the sustainable
use of off road recreational vehicles on land within the Shire of Esperance
Recommendation in Brief
That Council establishes a working party as an advisory committee to Council to make
recommendations to the Council regarding the sustainable use of off road recreational vehicles on land
within the Shire of Esperance in accordance with the attached Terms of Reference.
Background
The use of off road vehicles, which includes licensed and unlicensed 4x4s, motorbikes and dune
buggies, is common on most beaches and lands within the Shire of Esperance. As a widely practiced
form of recreation in the region, off road vehicle use has its place but urgently requires some
management to protect the environment and the rights of other recreational groups.
Community concern about this issue appears to be increasing. The use of off road vehicles on
Esperance beaches and in close proximity to the town site raises the following issues:
1. Public and Off Road Vehicle Operator safety off road vehicles and other users can be a public
liability and safety issue for the land manager if they are sharing the same location due to the
likelihood of accidents occurring.
2. Conflicts with other groups town site residents, and recreational groups such as swimmers, dog
walkers, people relaxing on the beach and others often find living near or sharing a beach or a
reserve with off road vehicles dangerous due to the speed and safety factor, and unpleasant, due
to the noise created, particularly by motorbikes. It is preferable that these groups are separated
from people using off road vehicles to minimize the conflicts.
3. Removal of vegetation and dune degradation off road vehicles on dunes cause damage and
destroy coastal vegetation. Dunes, particularly foredunes, become unstable when vegetation is
removed because nothing is holding the sand together. This can cause erosion and dune
blowouts. These are often difficult to stop from spreading and can bury paths, car parks, roads
and picnic facilities.
4. Cost of repairing dune blowouts and closing tracks dune blowouts are expensive and difficult to
fix because of the cost of labour to revegetate and lay brushing or matting to stabilize the dunes.
Barriers need to be erected to stop vehicles and pedestrians using the area.

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16 December 2014

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5. Destroying coastal fauna habitat shorebirds often nest in dunes around Esperance. Of
particular note is the Hooded Plover, a declared rare bird that is under threat from impacts such
as off road vehicles that are destroying their ground nests and forcing them out of their habitat.
6. Detracts from enjoyment of the beaches some people, particularly interstate and overseas
visitors are not accustomed to sharing beaches with 4x4 vehicles and motorbikes and find it
dangerous and unpleasant to have vehicles driving within close proximity whilst relaxing on the
beach.
The use of off road vehicles appears to be increasing. Residents in the Shire of Esperance have the
highest number of 4x4 vehicles per head of population in the state. Visitors to the region have also
realized the freedom of using off road vehicles in the area. The cost of managing off road vehicles will
continue to increase and be a burden on local and state government organizations as the local
population and visitor numbers grow.
Management of off road vehicles is needed in certain high use areas for the reasons listed above and in
other areas to protect the rights of recreational off road vehicles users to continue to have access to
certain lands to pursue their recreational interests.
At the Council briefing session on Off Road Vehicle Use within the Shire of Esperance held Tuesday 2nd
December it was proposed that a Working Party be formed to address the sustainable use of
recreational off road vehicles into the future.
Officers Comment
The establishment of a Working Party to advise Council requires formalisation through the provisions of
the Local Government Act.
The task of the Working Party will be to propose, discuss and formulate ideas and strategies to provide
for the recreational use of off road vehicles in a controlled and managed manner so as to protect the
environment from indiscriminate damage, minimise nuisance behaviour, and provide for the safety of off
road vehicle operators and other users of shire reserves and coastal lands.
Terms of Reference for the Working Party are attached to this report.
Consultation
This proposal has originated from a Councillor Briefing session held 2 nd December 2014. The
suggestion of managing off road vehicle use is recommended within the Esperance Coastal
Management Plan 2014 which has been advertised for public comment and attracted no public
response.
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995 Section 5.8 Establishment of Committees
Local Government Act 1995 Section 5.10 Appointment of Committee Members
Interpretation Act 1984 Section 53 Appointments by name or office
Policy Implications
Nil

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Strategic Implications
Strategic Community Plan 2012-2022
Social
Strategy 1.5 Create and maintain a safe environment for the community
Environment
Strategy 2.2 Educate the community on ways to use our environment responsibly
Strategy 2.3 Provide equitable access for all users to our environment while balancing the protection of
natural assets
Corporate Business Plan 2013/2014 2016/2017
Action 1.5.1.2 Manage Ranger Services and facilities
Action 2.2.1.1 Actively engage the community in the development and delivery of protection, restoration
and enhancement projects.
Action 2.3.1.3 Coordinate implementation schedule for Coastal Management Plan
Environmental Considerations
The environmental considerations arising from this report are regarding the management of potential
damage to sensitive landscapes.
Attachments
A.
Terms of Reference - Off Road Vehicle Working Group
Officers Recommendation
That Council:
1. Establishes the Off Road Vehicle Working Party as an advisory committee to make
recommendations to the Council regarding the sustainable use of off road recreational
vehicles on land within the Shire of Esperance; and
2. Endorses the attached Terms of Reference for the Off Road Vehicle Working Party; and
3. Appoints the following persons and office holders to the Off Road Vehicle Working Party:
3.1. Shire of Esperance
Cr..;
Cr..;
Cr..;
The Manager Parks and Reserves
3.2. South Coast Natural Resource Management Coastal, Marine & Water Program Leader
4. Invites the following organizations to nominate a representative to become a member of
the Off Road Vehicle Working Party:
Esperance Police Service
Department of Parks & Wildlife
5. Advertises for 2 community representatives to become members of the Off Road Vehicle
Working Party:
Representing unlicensed off road vehicle operators
Representing licensed off road vehicle operators

Voting Requirement

Absolute Majority

Ordinary Council: Agenda

16 December 2014

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Shire of Esperance Off Road Vehicle Working Group (ORVWG)

Terms of Reference
Committee Type
Advisory Committee
Role
The Shire of Esperance considers the continued usage of our reserves by uncontrolled off road vehicles
as detrimental to the environment and to other user groups and proposes to form a Working Group to
explore options to sustainably manage off road vehicle use within the Shire of Esperance.
Representation from a number of different community organisations will be sought and include
Councillors, Shire Officers, Department of Parks And Wildlife, local Police, South Coast Natural
Resource Management Inc (SCNRM) and representatives from the community to look at the issues
and develop strategies to manage off road vehicles. The group will focus on exploring options to
sustainably manage off road vehicles particularly in the coastal zone of the Shire.
The management of off road vehicles across the Shire will require a coordinated set of strategies to
achieve the desired outcome, that being a sustainable use of these areas.
This action aims to make the beaches safer for all users and introduce controls to protect these coastal
areas for the future and to remove nuisance behaviour from lands and reserves in close proximity to
town sites.
Membership
Working Group Members (voting)
3 x Elected members
1 x Manager Parks and Reserves
1 x South Coast NRM - Coastal, Marine and Water Program Leader
1 x Police representative
1 x DPaW representative
1 x Community representative unlicensed vehicles
1 x Community representative licensed off road vehicles
Ex-Officio Members (non-voting)
1 x Environmental Officer
1 x Ranger
Executive Officer (non-voting)
Executive Manager Statutory Division
Term of Office
Membership of the Working Group continues until the person no longer holds office by virtue of which
the person became a member, the working group is disbanded, or the next ordinary elections day,
which ever happens first.
Meeting Frequency
The Working Group will meet at the times and on the dates designated by the Working Group at each
meeting.
Quorum Requirements
A quorum is achieved by:
a. Attendance by at least one Elected Member;
b. Attendance by the Executive Officer; and
c. Attendance by over 50% of the appointed voting members (including the Elected Member)

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Designated Powers and Duties

The working group will consider various options and strategies to be presented to council on the
management of off road vehicles on Shire managed lands. These options may include but not be
limited to:
1. Designation of areas of beach/reserves specifically for off road vehicles.
2. Restrict vehicle access on some beaches/reserves
3. Speed limits on some beaches/reserves
4. Licensed vehicles and drivers only on some beaches/reserves (as in National Parks)
5. Enactment of legislation to enforce such measures such as local laws or the Control of Vehicles
(Off Road Areas) Act 1978 so that rangers and police have the ability to enforce as required.
6. Working with other organisations, property owners, and local councils e.g. Department of Parks
and Wildlife, South Coast Management Group (which represents coastal councils from
Esperance to Denmark), to ensure parity across land boundaries; and, with neighbouring local
governments for suitable off road options in their areas of responsibility to reduce the pressure
on Esperance coastal areas and reserves.
7. Education the creation of a Code Off Road Brochure for Esperance, facilitating training in
sustainable off road vehicle use.
8. Risk Mitigation assess controls to protect the Shire, off road vehicle operators and other users
of beaches and reserves.
Applicable Legislation or Council Policies
Shire of Esperance Local Government Property Local Law
Esperance Coastal Management Plan 2014
Responsible Shire Officer
Executive Manager Statutory Division
Reporting To
Ordinary Council