Bills
Control of Vehicles (Off-road Areas) Amendment Bill 2025
Introduction and first reading
Bill introduced, on motion by Hon Jackie Jarvis (Minister for Agriculture and Food), and read a first time.
Second reading speech
Hon Jackie Jarvis (South West Region—Minister for Agriculture and Food) (5:07 pm): I move:
That the bill be now read a second time.
I am pleased to introduce the Control of Vehicles (Off-road Areas) Amendment Bill 2025, which delivers on the Cook government's commitment to support appropriate recreational off-road vehicle riding in Western Australia. Off-road vehicles, known commonly as ORVs, can include quad bikes, all-terrain vehicles and non–road licensed trail bikes. Riding off-road vehicles is an increasingly popular recreational activity, and the Cook government recognises the critical importance of providing areas for riders to participate in this activity safely and legally. The Cook government also recognises the immense importance of off-road vehicle areas as significant tourist attractions.
This bill will deliver three main reforms to the Control of Vehicles (Off-road Vehicles) Act 1978. Firstly, the bill will remove the requirement for a statutory declaration to be made when registering or renewing the registration of an off-road vehicle, which will enable transactions to be completed online. As members may know, off-road vehicle registration fees are collected into a special purpose account established under the Control of Vehicles (Off-road Vehicles) Act. Local governments can then seek to access those funds to support the establishment and operation of off-road vehicle areas. An off-road vehicle must be registered to be ridden in an off-road vehicle area. Funds from the off-road vehicle account have supported upgrade works at several off-road vehicle areas, including at Pinjar, York, Ledge Point and Lancelin. The requirement in the act for a statutory declaration means that registrations and annual renewals are paper based and that off-road vehicle owners need to attend a Department of Transport licensing centre.
As an interim measure to support registrations and ORV owners, late last year the Department of Transport trialled some streamlining measures. However, as registrations must be renewed annually, the current cumbersome requirements are a real impediment to ensuring that off-road vehicles are registered. These cumbersome and outdated requirements have also impeded the collection of revenue into the off-road vehicle account.
To date, less than $125,000 in registration fees is collected annually, and it is estimated that only a small proportion of eligible ORVs are currently registered.
Secondly, the bill will introduce the option for registration stickers to be affixed to off-road vehicles as an alternative to registration plates. This option responds to requests from off-road vehicle users and advocacy groups.
Thirdly, the bill will increase penalties for existing offences, such as riding an off-road vehicle in a prohibited area, riding dangerously or riding an unregistered vehicle in an off-road vehicle area. The existing penalties within the ORV act have remained largely unchanged since 1978 and have fallen behind comparable penalties under the Road Traffic Act 1974 and the Road Traffic Code. The current maximum for a court-imposed penalty is $1,000. There is a maximum of $100 for offences against the regulations, and a $50 maximum for infringement penalties. This bill will increase all court-imposed penalties to a maximum of $5,000, up from the current $1,000. The maximum penalties for offences under regulations and local laws will also increase from $50 to $500. The increased penalties are intended to deter illegal and reckless riding, which can pose significant safety risks and cause serious damage to our natural environment.
I understand that these are the most significant reforms to the act since it was first enacted back in 1978. This bill is another step in the Cook government's ongoing work to support safe and legal off-road vehicle riding. For instance, the Cook government secured the future of the popular Pinjar ORV area as part of the decision to end pine harvesting in the Gnangara state forest, which will preserve the roosting habitat of the endangered black cockatoo and support the continued recreational use of the area. Work to support other ORV areas and to establish new ORV areas remains ongoing.
This bill reflects the hard work and advocacy of many dedicated people. I recognise and thank the members of the Off-Road Vehicles Advisory Committee and acknowledge the Recreational Trailbike Riders' Association of WA for its advocacy and work to support off-road riding in Western Australia. I also recognise the proactive work of local governments, such as the Shire of York, that have taken a proactive role in the development and maintenance of ORV areas.
Pursuant to standing order 126(1), I advise that this is not a uniform legislation bill. It does not ratify or give effect to an intergovernmental or multilateral agreement to which the government of the state is a party, nor does this bill, by reason of its subject matter, introduce a uniform scheme or uniform laws throughout the Commonwealth.
I commend the bill to the house and table the explanatory memorandum.
(See paper 93.)
Debate adjourned, pursuant to standing orders.
