Intro
Personnel from local governments and the Western Australian Local Government Association (WALGA), and from the departments of Local Government, Sport and Cultural Industries (DLGSC) and Biodiversity, Conservation and Attractions (DBCA) generously provided information and advice.
Key documents used in preparation of this document include:
Western Australia’s local governments are often at the forefront of off-road vehicle (ORV) administration in WA. This responsibility may range from determining if an area is suitable for ORV use, managing an ORV driving or riding area or enforcing regulations.
The Department of Local Government, Sport and Cultural Industries (DLGSC) has developed this guide to assist local governments better understand current legislation and manage ORV areas.
It includes:
Any vehicle that is not fully road registered (Class A) under the Road Traffic (Vehicles) Act 2012 (WA) is considered an off-road vehicle. The Department of Transport describes ORV as including any vehicle that is not primarily designed for on-road activities, including:
The control of vehicles in off-road areas in Western Australia is regulated under the Control of Vehicles (Off-road Areas) Act 1978 and is administered by the Department of Local Government, Sport and Cultural Industries (DLGSC).
The Control of Vehicles (Off-road Areas) Act 1978:
Importantly, the ORV Act currently only operates in certain areas of the State (Permitted Areas); and provides the Governor with the authority to extend operation of the Act to other areas. It is recognised that issues with ORV use most often occur illegally and outside these permitted areas of operation.
The ORV Act regulates the illegal use of ORV inside designated Prohibited Areas but does not provide for the regulation of illegal ORV use outside of prescribed Prohibited or Permitted Areas.
When the ORV Act was proclaimed in 1978, it was determined that it would only apply in certain areas across Western Australia. The areas where it was agreed that the ORV Act would apply, with restrictions applied to the use of off-road vehicles, included:
The Department of Water and Environmental Regulation also advises that the ORV Act also applies to any public drinking water source area (i.e. drinking water catchments and wellheads) across the State.
Over time, various local governments have indicated they would like to formally identify other areas where the ORV Act applies.
As a result, further areas in the Perth Metropolitan area and in regional towns and locales have since been added as areas where ORV use is not allowed.
These include:
What this means is that ORV activity is not allowed in any of the prohibited areas where the ORV Act applies. ORV activity is only allowed in permitted areas. It also means that local governments and relevant authorities have no power under the ORV Act to enforce fines or other measures relating to unauthorised vehicle use on land where the ORV Act does not apply. Even so, other powers of enforcement could include:
Local governments can enact local laws and are responsible for enforcement within their area of jurisdiction. Local laws enacted by a local government apply only to the area administered by that local government and are not State-wide laws.
Local government officers need to be clear where ORV use is permitted or prohibited within their jurisdiction to effectively manage access and administer relevant local and state legislation.
The current areas where the ORV Act applies (i.e. prohibited areas) can be seen on the online map available on the Department of Local Government, Sport and Cultural Industries website. This map also shows where ORV use is permitted, with the pull-up table at the bottom of the page providing links to more information about each permitted ORV area.
Western Australian legislation provides that road licensed vehicles, such as four-wheel drives, are permitted to use designated permitted off-road areas.
Off-road vehicle registration entitles you to ride or drive only in the six gazetted off-road vehicle areas or on private property with the owner’s consent.
Permitted areas are established under the ORV Act and are where registered ORVs, as well as licensed on-road vehicles, can operate. Private land can only be declared as a Permitted Area with the written authority of the owner. Approved public permitted areas are listed below.
*Gazetted as permitted ORV areas in accordance with the ORV Act
These locations — apart from Pinjar, Gnangara and Medina — are managed by their respective local governments.
Several of these locations — Pinjar, Gnangara, Medina, Lancelin, Ledge Point, and York — are gazetted as permitted ORV areas in accordance with the ORV Act.
An online map, available on the Department of Local Government, Sport and Cultural Industries website, shows locations identified as publicly accessible ORV areas by their respective local governments. The pull-up table at the bottom of the map provides links to more information about each ORV area.
Apart from ORV areas managed by State and local government, there are several commercial ride parks operating on private land that can cater for unregistered bikes and unlicensed riders. These include:
The Control of Vehicles (Off-road Areas) Act 1978 provides that all vehicles, including licensed on-road vehicles, may be forbidden from designated Prohibited Areas, whether or not the land is private, if the Minister for Local Government is of the opinion that public interest requires the Prohibited Area to be established. Proposals for the establishment of new Prohibited Areas can be submitted the Minister.
The Minister cannot establish a Prohibited Area over private land without the consent of the owner and occupier, unless the Minister is satisfied that for public interest reasons of the:
A person who is the owner or occupier of land declared a Prohibited Area or a worker for such a person has the right to use a vehicle on that land. Prohibited Areas may be declared so that they apply to limited classes of vehicles.
Similar to creating a Permitted Area, a proponent can develop a proposal to create a Prohibited Area, which is then submitted to DLGSC for consideration by the Advisory Committee. The proposal should include:
The option to create a Prohibited Area within their jurisdiction can be considered by local governments who wish to have a greater level of enforcement over areas of land.
Before an unlicensed off-road vehicle (i.e. any trail bike not licensed for use on public roads under the Road Traffic Act) can be used in a permitted ORV area, it must have an ORV registration issued by the Department of Transport.
Applicants must be 18 years of age to register an off-road vehicle and vehicles must pass a roadworthiness inspection and conform to the prescribed safety and noise requirements.
Please note that unlicensed off-road vehicles are prohibited from crossing or travelling along public roads. A conditional licence to permit road crossing, or to compete in authorised events, can be issued by the Department of Transport.
There is no requirement for a rider to hold a driver’s (motorcycle) licence if riding in an ORV area. However, all riders must be over eight years of age if riding in a public ORV area.
To summarise, the table below shows whether a driver’s (motorcycle) licence and what type of vehicle registration is required to access different types of areas.
Application for new vehicle registration or renewal must be made either in person (at any Department of Transport Driver and Vehicle Services Centre or regional agent) or by post. Currently, payment cannot be made online or accepted by Australia Post.
All registrations for off-road vehicles expire on 30 September annually. However, renewals are required to be paid by 1 July each year. If ORV registration has expired by more than 15 days, owners will need to return the number plates and apply for a new off-road vehicle license.
As at 1 July 2020, the cost of ORV registration was $35 a year.
For more information, please go to the Department of Transport website: Register an Off-Road Vehicle.
The fees collected from ORV registrations are held in a special-purpose ORV Account. Section 7 explains who is eligible to access funds from the ORV Account and how those funds can be used.
Local governments are responsible for administering and enforcing the ORV Act as it applies to areas within their jurisdiction. They can appoint authorised officers with specified functions under s.38 (3) of the ORV Act. Penalties for improper ORV use can include infringement notices, on-the-spot fines or prosecution for offences.
Local governments have responsibilities in relation to off-road vehicles and ORV areas under other legislation which may include:
Enforcement should recognise that in some cases, overlaps may occur in jurisdictional responsibility between local government and the area land managers (i.e. DBCA or Water Corporation).
There are occasions where local government’s authorised officers are not the appropriate first responders for dangerous and high-risk situations. The WA Police Force has specialised training and expertise to enable them to safely pursue vehicles and stop or detain possible offenders or impound vehicles (such as suspected hoon drivers).
The legislation empowers nominated rangers to issue fines and penalties for:
For more information, visit the WA Rangers website.
Managing and maintaining an ORV area can be costly and time-consuming. There are resources available to assist local governments to keep their ORV areas well maintained and safe to ride.
LGIS has developed a series of guidance notes to provide practical management considerations. They are published by LGIS and are available on the secure LGIS membership site through your local government membership.
The LGIS website also provides general ORV area information.
Funds from registration fees are held in the Off-road Vehicle Account. Proposals can be made to the Department of Local Government, Sport and Cultural Industries to access funds to maintain or improve ORV areas.
Section 7 provides information about how to access funds held in the State-managed ORV Account.
The ORV Act requires that the money collected by the Department of Transport through the registration of off-road vehicles is credited to a specific account called the “Off-road Vehicles Account” (ORV Account).
The ORV Account is administered by the Department of Local Government, Sport and Cultural Industries (DLGSC). Local governments and other organisations can apply for funds from the ORV Account. Priority areas for expenditure from the ORV Account include:
Approval of the use of funds is at the discretion of the Minister for Local Government, either directly or through delegated authority.
Local governments and other organisations can apply to use funds from the ORV Account. For advice on proposals to access funds from the ORV Account, contact the Department of Local Government, Sport and Cultural Industries.
Given the current low levels of registration of off-road vehicles there is clearly a gap between the number of ORV being used and those which are registered.
A significant benefit would result for all stakeholders should registration levels increase to reflect the real numbers of off-road vehicles being used for recreation across the State. Increased registrations (and collection of fees) would result in increased funds being available through the ORV Account to improve ORV areas in Western Australia.
The ORV Advisory Committee is a statutory body established under sections 21 and 24 of the ORV Act with its members appointed by the Minister for Local Government.
Section 21(1) of the ORV Act requires the ORV Advisory Committee to consist of seven members appointed by the Minister for a term not exceeding three years, including:
Section 24 of the ORV Act provides the Minister with the power to appoint deputy members. Each of these are deemed to have all the powers and duties of a member in the event a member is absent from a meeting. Executive support is provided to the Committee by the DLGSC.
The ORV Advisory Committee’s role is established under sections 17 and 18 of the ORV Act.
The ORV Advisory Committee’s role is to consider and investigate submissions from the public and local governments in relation to the use of land by off-road vehicles, and to make recommendations to the Minister.
The Minister is required to have regard to, but does not have to act upon, the recommendations of the ORV Advisory Committee.
Submissions to the ORV Advisory Committee can include requests for the Minister for Local Government to: extend the area of operation of the ORV Act to include a particular location (noting that the ORV Act doesn’t apply across the entire state); or declare certain areas to be ‘Permitted areas’ for off-road vehicles; or declare certain areas to be ‘Prohibited areas’ (this declaration can include all vehicles).
Designated ORV vehicle areas play an important role in providing well-designed and maintained sites for trail bike riders. They have an important place in reducing the incidence of illegal riding of unregistered vehicles in reserves, state forests, national parks, public roads and footpaths.
There are frequent calls for new areas to be created for riding off-road. Determining demand and selecting a suitable location for an off-road vehicle area requires careful planning. Ideally the area contains a combination of factors such as favourable land-use, local government planning provisions, physical characteristics and community acceptance. Sound planning is critical for the early identification and management of any associated safety, social and environmental risks.
It is important even at the early concept phase of planning for an ORV area, that risks are identified, assessed and used to inform decision making. Local governments face competing demands and challenges in administering the ORV Act. Careful consideration and addressing of all off-road vehicle stakeholder expectations include aspects such as: suitable areas for off-road vehicles noise; safety; environmental damage; illegal riding; general nuisance; liability, insurance; management; maintenance and resource requirements.
LGIS has published Off-road Vehicle Area Guidance Notes for Western Australian Local Government. It is available on the secure membership site accessed through your local government.
Before a site can be made a permitted or prohibited area it must be assessed for suitability by the ORV Advisory Committee. Similarly, the ORV Advisory Committee will assess any application for an established site to be cancelled or subject to a major variation.
In considering the Committee’s recommendations, the Minister for Local Government may amend the current ORV areas with the consent of the Governor. This declaration is then published in the Government Gazette.
Resources on content and process for a feasibility study.