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RTRA TBNTT

City of Swan Riding on Private Property Guidelines

26-Dec-2014

The City of Swan (which will shortly include the Shire of Mundaring) has proposed a set of guidelines relating to the riding of motorcycles on private property.

The guidelines are out for public comment, with a deadline of February 28.

* Read the RTRA Response *

If you live in the City of Swan or the Shire of Mundaring, and ride on your own or a friend’s property, then it is highly likely that these new guidelines will affect you.  We may only have this one chance to put the riders’ point of view forward.

The RTRA is collating comments from riders so that we can structure a formal response to the City of Swan.

Please read the following summary of the guidelines and complete the questionnaire that is linked at the bottom of this page.  Feel free to also write an individual submission and send it directly to the City of Swan, but if you do so please copy us in (info@rtra.asn.au) so we have a record.  We need your responses by no later than January 20.  (Update:  As of January 21 the online survey has closed and the 197 responses received are being analysed)

Background:
Noise is governed by the Environmental Protection (Noise) Regulations 1997 with enforcement provisions available to the local authority.  Under the Regulations noise is deemed unreasonable if it exceeds a prescribed standard or if, having regard to the duration of the noise emission, the frequency of similar noise emissions from those premises or that public place, and the time of day at which the noise is emitted, the noise unreasonably interferes with the health, welfare, convenience, comfort or amenity of the occupier making the complaint.  No definition of what constitutes unreasonable interference is however provided.

Definitions of ‘reasonable’:
The City of Swan wants to overcome this lack of definition by arbitrarily specifying what constitutes ‘unreasonably interferes’.

The following characteristics have been proposed:

The Environmental Protection Noise Regulations refer to noise being unreasonable if it comes from equipment ‘being used for more than 2 hours since the beginning of the day’.   The City of Swan wants to redefine this as 2 hours from the initial commencement of activities.  In other words if a rider rides for 10 minutes at 9am they would not be allowed to do any further riding that day after 11am.

Question:  Do you think this is fair?  Should the 2 hour limit be the 2 hours since first use, or 2 hours of actual operation each day?  Would this regulation affect you?

The City of Swan wants to automatically deem unreasonable the riding of more than one motorcycle at a time, irrespective of the size of the property.  This means, for example, a parent could not ride on their own property with their child.

Question: Do you think this is fair, or is the number of motorcycles not relevant when there are other issues such as the amount and duration of noise that can be used to determine what is reasonable?  Would this regulation affect you?

The City of Swan wants to automatically deem unreasonable the use of motorbikes not owned by the property resident or normally housed on the property.  You can’t invite friends to bring their bikes and you can’t take your bike to your friend’s property.

Question:  Do you think this is fair?  Would this regulation affect you?

The City of Swan wants to impose frequency restrictions based on the size and zoning of the property as per the following table:

 


Zoning / Size

Reasonable if limited to

Zoned residential, property <5000m2

Never reasonable

Zoned residential, property >5000m2

Never reasonable

Zoned residential, property >5000m2 but previously zoned rural or similar

Once per calendar month

Zoned rural, property between 5000m2 and 20,000m2

Once per calendar month

Zoned rural, property >20,000m2

Once per week


Question:  Do you think this is fair?  Would this regulation affect you?

Please let us have your comments to these questions by emailing info@rtra.asn.au
It is important that we have your comments by no later than January 20 so we can compile a formal response.

You can download and read the full City of Swan proposed guidelines

You can download and read the RTRA response.

Thank you to everyone who completed our survey.  As of 20th January the survey is now closed and we are analysing the feedback so we can prepare a response.


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