PROGRESS UPDATES
05/06/24
UPDATE ON OUR MEETING WITH THE EPA NSW
Dear Supporters
Fight Trail Bike Noise met with two representatives of the EPA NSW a few weeks ago. The EPA advised us that the review of the Noise Control Regulation is currently underway however it will not be finalised until 2025.
We provided the EPA with a comprehensive submission containing the following:
1. Submission from Fight Trail Bike Noise:
(a) Letter and Introduction
(b) Why Noise from Recreational Vehicles is unreasonable near homes
(c) Why Clause 6 of the POEO (Noise Control) Regulation 2017 fails to protect residents
(d) How similar noise issues have been addressed elsewhere
(e) What solutions we seek in NSW
2. Submissions for the POEO (Noise Control) Regulation Review from NSW Residents
3. Change.Org Signatory Comments
4. Change.Org Petition Signatures
In the meeting we discussed and demonstrated with videos the type of noise that neighbouring residents receive when living near other residents that use trail bikes and other vehicles for recreation. We emphasized that such noise is unpredictable and inescapable when you are affected in your own home and that under current legislation is allowed every day of the week for unlimited daylight hours.
We also discussed the current legislation in the POEO (Noise Control) Regulation 2017 and demonstrated why it fails to protect residents from excessive and ongoing noise emitted from the recreational use of vehicles.
The EPA acknowledged that noise from vehicles used for recreation is not only a problem in NSW but a growing global problem.
While the EPA demonstrated a sympathetic understanding of the issue, we still felt it difficult to make them fully understand what it is like to be subjected to such levels of noise where you reside. Unless you experience it, it is difficult to fully comprehend the effects. However, we are hopeful that the submissions and the “lived experience” documents from NSW residents that we have provided to the EPA will leave them in no doubt as to the distress and mental torture that such noise inflicts on affected residents.
The EPA advised us that they surveyed local councils regarding the issue of noise from the use of recreational vehicles on private land. The feedback to the EPA, from the councils that responded, was that they find the issue difficult to manage as they do not have the skills or resources. Councils also expressed concern for the safety of their officers as they fear aggression when approaching groups that are operating trail bikes on private land.
We discussed with the EPA the complete reluctance by local councils to act on noise complaints and the avoidance techniques that they use to dismiss complaints. Many of the submissions from NSW residents that we provided to the EPA prove that councils are dismissive of complaints and take no action. The submissions also prove that aggressive behaviour is not an uncommon response when approaching users of recreational vehicles on private land. The submissions show that many residents are afraid to approach their neighbour for fear of safety and retaliation. Some submissions show that retaliation does occur.
We did feel that the EPA is genuine in acknowledging the issue and will consider how the current legislation can be improved. However, we were also advised that while the EPA can make recommendations, ultimately the recommendations must be accepted by the Parliamentary Council.
This unfortunately is where the issue becomes political as the motor cycle interest groups have vast memberships and there is likely to be strong opposition to any suggestions of placing restrictions on the use of trail bikes. Politicians in power do not want disgruntled voters. However, we asserted to the EPA that the “right to enjoy one’s own land” by riding trail bikes should not come at the expense of someone else’s mental and physical health.
Currently we are composing a follow up letter to the EPA, firstly to ensure that the EPA have read our submission and secondly to reiterate the toll that such noise takes on one’s wellbeing. We have received several more submissions from negatively affected residents since our meeting with the EPA and will provide these to further demonstrate the serious affects on the lives of those subjected to such noise.
We ask all those affected to keep the submissions coming so that we can continue to keep highlighting to the EPA that they have a responsibility as the key regulator for noise in NSW to identify, acknowledge and act on noise issues that are harming members of our community.
Thank you for your continuing support.
Kris
Fight Trail Bike Noise
09/04/24
REVIEW OF THE POEO (NOISE CONTROL) REGULATION 2017 HAS COMMENCED
Dear Supporters
I am pleased to advise that the EPA NSW has now commenced the review of the POEO (Noise Control) Regulation 2017.
We have been invited to attend a meeting with the EPA on April 23rd to discuss our concerns regarding the issues that arise from the use of trail bikes and other vehicles for recreation on private land near residential homes.
At the meeting, we will be presenting the EPA with the many submissions that we have received from people who have been negatively affected by the use of trail bikes and other recreational vehicles on neighbouring or nearby private land. These submissions clearly demonstrate to the EPA that unwanted noise causes extreme distress to those subjected to it, impacts both mental and physical health and that noise complaints to local councils are almost always dismissed without any action.
We are also pleased to be able to provide the EPA with copies of letters from councils that some supporters have kindly shared with us. These letters demonstrate that local councils (as the regulators for trail bike noise) provide no assistance to complainants and even mis-inform complainants about their rights under the current legislation. Mis-information by councils is particularly serious as it totally prevents complainants from finding any resolution to their problem.
PLEASE if you have been negatively affected by noise from the use of trail bikes and other vehicles for recreation and have not previously provided us with your story now is the time to tell us. Visit our website at https://www.fighttrailbikenoise.org/share-your-story and fill in the form to tell us how you have been affected.
If you are willing to share correspondence that you have had with your local council in regards to a complaint you have made about noise from recreational vehicles, please email us at fighttrailbikenoise@gmail.com. We assure you that all information given to us is kept in confidence and ONLY provided to the EPA to demonstrate that the current legislation fails to protect people from unreasonable or excessive noise.
We know from our own experience and from the many people who have contacted us, that unwanted noise from trail bikes and other recreational vehicles causes extreme distress and that stopping the noise is nearly impossible under the current legislation. We are calling upon the EPA to tighten the regulations surrounding this activity.
If you would like your voice heard on this issue, please provide your story to us by Wednesday 17th April so that we have time to include your story or information into the meeting with the EPA on 23rd April.
Kind Regards
Kris
Fight Trail Bike Noise
06/03/24
Dear Supporters
It appears that the EPA will, in 2024, finally be conducting a review of the Protection of the Environment Operations (Noise Control) Regulation 2017. We have been waiting for the review for several years and during that time have been collecting and collating the stories and lived experiences of those adversely affected by the noise from trail bikes used for recreation near residences.
Although we are not yet aware that the review is underway, we do have information that the review will take place this year and that the EPA will be inviting submissions from the general public some time in 2024.
Many people have contacted us since 2020 and provided their stories for us us to submit to the EPA on their behalf once public submissions are invited. For those that would like to share their stories for us to provide to the EPA, please visit our website page https://www.fighttrailbikenoise.org/share-your-story
For those who would like to make submissions directly to the EPA, we will post information once the review process is underway. We encourage all those that have been negatively affected by trail bike use on neighbouring or nearby private land to share their experiences with the EPA. Only by alerting the EPA to the considerable affects of unwanted and excessive noise on the mental health and overall wellbeing of those subjected to it will we have a chance of changing and improving the very weak legislation that currently applies to this activity.
Please stay tuned for updates.
Kind Regards, Kris (Fight Trail Bike Noise)
23/04/22
Dear Supporters
We first contacted the EPA (via the Minister for Environment) regarding the issue of noise from trail bikes and other vehicles used for recreation near residential homes in October 2020. The EPA at that time advised us that the review of the POEO (Noise Control) Regulation was scheduled for review in 2022 and they would consider the issues we raised in that review.
So, 4 weeks ago, we again wrote to the Minister for Environment to follow up on the proposed review and we also provided a document detailing the "lived experiences" of the many people who have contacted us since October 2020 (when Fight Trail Bike Noise was established) who have been or are currently seriously affected by this unreasonable activity.
Our correspondence was referred again by the Minister's office to the EPA and we received a response back from the EPA yesterday. They acknowledged the "lived experiences" document that we provided and expressed an understanding of the "significant adverse impact on the health and amenity of those affected by ongoing noise emissions." They have advised that they will "likely commence the review of the POEO (Noise Control) Regulation this year and will have it finalised within 18 months."
While another delay of up to 18 months is unwelcome news for those of us who are already distressed by noise from this activity, we do feel that we have brought this issue firmly to the attention of Jackie Miles, EPA Director of Regulatory Policy and Reform having first raised the issue with her in 2020 and again in our recent correspondence where we have demonstrated that many people are seriously impacted by the activity. We were also able to inform her that we currently have over 700 signatures via the Change.Org petition supporting the need for better regulations around use of vehicles for recreation near residential homes.
We do feel that with the importance of mental health holding a high public priority that we now have a better chance than ever before of gaining some change and we will certainly continue to keep up the fight. We do have a very strong submission to present to the EPA when the review finally takes place. There will be an opportunity for submissions from the general public once the review is underway. While the petition signatures are helpful it is the lived experiences that will have the most powerful impact on proving the need for change.
We encourage everyone negatively impacted by noise from the use of vehicles for recreation to share their story with us or to put in a submission directly to the EPA at the time of the review. We will keep our supporters updated as to when the review commences.
Kind Regards, Kris (Fight Trail Bike Noise)
15/12/21
Hi again to all our supporters. Just an update to let you know that we are currently contacting the EPA as we were advised by them in 2020 that the NSW Noise Regulation is scheduled for review in 2022. The EPA made a commitment to us in 2020 that they would consider the issues that we raised regarding the noise from the use of trail bikes and other recreational vehicles on private land at the time of the review.
While patiently waiting for this review, we have continued to gather the stories and "lived experiences" of those adversely affected by noise from recreational vehicles. We consider that we have a very strong case to present to the EPA proving that this noise seriously affects the lives of those exposed to it and that tighter regulations on the use of vehicles for recreation, similar to those in Tasmania and Victoria, are warranted.
We encourage you to continue sharing your stories and comments as these are vital in strengthening our case. You can leave a comment on the Change.org petition, email us privately at fighttrailbikenoise@gmail.com or fill in the submission form here on the on our website https://www.fighttrailbikenoise.org/share-your-story
Additionally we have gathered over 600 signatures on our Change.org petition for which we thank everyone that has supported us so far.
All the best.
12/07/2021
Hi again to all our supporters. Just another quick update to thank the supporters who have contacted us over the last few days. Their stories highlight the distress and impact that repeated and unwanted noise can cause to receivers. It is a fact that councils routinely ignore or dodge complaints about noise and our research shows that only 1 council in NSW has any data on complaints about the noise resulting from the use of recreational vehicles on private land. It is impossible to get change without a collective voice and we are very grateful to those who share their situations with us. We intend to present our collective voice to the EPA to make them aware that this is an issue that has wide impacts on those affected by it. There is no better time to be raising the issue due to the current high focus on environment and awareness of mental health and we believe that the EPA has the responsibility to act on the submission that we will present.
Please keep those stories coming.
06/07/2021
Hi again to all our supporters. Just an update to let everyone know that that our commitment to achieve a change of the legislation to protect residents from noise resulting from the use of recreational vehicles on private land is ongoing. While we have to wait for the noise legislation review which is due next year we are using the time to continue gathering petition signatures and comments as well as stories from those affected.
Comments, opinions and experiences are vitally important for backing our case so thank you to all those who have contributed so far.
Please don't forget that if you have been personally affected by noise from trail bikes that you can tell us your story via the submission form on this website (or just email us directly). We will include your submission with our own submission to the EPA's noise review at the relevant time.
09/03/2021
As previously advised we have gained a commitment from Hornsby Council to put in a submission for a change of the of the Noise Regulation when it comes up for review in 2022. Hornsby Council suggested that we should work towards getting as many other Councils as possible to commit to putting in submissions also.
We would like as many supporters as possible to contact their Council requesting that they acknowledge the issue and and asking them to commit to putting in a submission at the time of the review. We have posted a suggested letter on this website.
https://www.fighttrailbikenoise.org/suggested-letter
Supporters are welcome to use the letter as is, modify it or write their own. The important thing is that we get as many Councils on board as possible.
Although 2022 seems a long time away we need the time to gain as much support as possible. If you are able to gain the support of your Council please let us know so that we can follow them up closer to the time of the review to ensure that they follow through with a submission.
All the best and thank you for your support!
09/02/2021
We are pleased to share that we have gained a commitment from the EPA Director of Regulatory Policy and Reform to consider our noise concerns and recommended solutions for the POEO (Noise Control) Regulation when it comes up for review in 2022.
Additionally we have gained an agreement from Hornsby Council that the legislation introduced by other State governments would make the investigation and enforcement of noise issues from recreational vehicles more straightforward to manage. Hornsby Council have advised that they will make a submission to the EPA regarding legislative changes to the POEO (Noise Control) Regulation in the 2022 review and will ensure their submission takes into consideration the amenity impacts resulting from the use of such vehicles.
It is now our mission to gain support from other Councils and our supporters can help by lobbying their own Council. We have included a suggested letter to your Council on this website.