Mayor [Insert Name]
[Council Name]
[Address}
[Date]
Dear Mayor [insert name]
We would like to raise the issue of the negative noise impacts in our area from the use of trail bikes and other recreational vehicles on private land. We have been personally impacted by excessive noise from this activity.
It is well known that trail bikes produce extremely loud noise with particularly offensive and invasive characteristics. The use of trail bikes and other recreational vehicles on private property can cause direct, sustained and repeated noise intrusion on surrounding residents and can have an extremely detrimental effect on the mental health and well being of those subjected to it.
The States of Tasmania and Victoria recognise that such use of vehicles causes unacceptable noise intrusion on neighbouring residents. Tasmania has state-wide legislation that prohibits vehicles being operated on private land for recreational purposes within 500 metres of another person’s residence. In Victoria, 34 councils have adopted local laws that either prohibit the use of vehicles for recreation within 500 meters of another residence or require a permit to operate at all. These laws relate to the recreational use on private land of all motorised vehicles including go-karts, mini-bikes, trail bikes, quad bikes, buggies and motor cars.
In NSW we have a weak and inadequate Noise Control Regulation that places no restrictions on the use of vehicles for recreation on private land other than that they cannot produce “offensive noise.” The receiver of excessive or ongoing noise must prove that the noise is "offensive" and this is extremely difficult to do.
We are not seeking to ban the use of vehicles for recreation but believe that an appropriate separation distance is an effective and reasonable method of protecting neighbouring residents from excessive and repeated noise at close range.
We are supporting a community organisation called Fight Trail Bike Noise who are lobbying the NSW EPA to legislate similar restrictions to those in Tasmania and Victoria in the upcoming 2022 review of the POEO (Noise Control) Regulation 2017. They have gained a commitment from Jackie Miles, EPA Director of Regulatory Policy and Reform that she will consider the issues they have raised and recommend solutions as part of the review.
Also Hornsby Council’s Environment Protection Manager has committed to making a submission to the EPA at the time of the review. Hornsby Council agreed that legislation similar to that of Tasmania and Victoria would make the management of this activity far more straightforward and have acknowledged the negative impacts that the use of recreational vehicles can have on residents.
We are asking for the support of our Mayor in firstly recogising that noise resulting from the use of vehicles used for recreation in close proximity to neighbouring residences can have serious consequences on the health and wellbeing of those exposed to it. Secondly we are asking for a commitment from our Mayor that our council will also make a submission to the NSW EPA for the 2022 review in support of legislating a separation distance between the use of vehicles used for recreation and neighbouring residences.
We look forward to your response.
Yours sincerely
[Name and address]