Hansard

Bills

Control of Vehicles (Off-road Areas) Amendment Bill 2025

Second reading

Resumed from 27 May.

Hon Neil Thomson (3:04 pm): I was only just getting warmed up when we last broke for the excellent inaugural speeches of my colleagues, including Hon Rod Caddies' very moving speech that left me feeling humble and that people in this place have extraordinary capacity. It makes me feel greatly humbled to hear the comments by all members who provided their inaugural speeches. For the record, I have passed on my apologies for the inaugural speeches to be delivered this evening. It is Reconciliation Week, and, unfortunately, I have to represent the Leader of the Opposition at a very important event at Government House, so I will be attending that. But no doubt I will spend some time watching videos on the internet of those inaugural speeches by all new members presented in the chamber. I make that comment so people know where I am.

There is not a lot to say except that we support, and note the importance of, the Control of Vehicles (Off-road Areas) Amendment Bill 2025. It appears to have been supported by those involved from the community broadly and by local government, which is a major player. I acknowledge as a result of the order of inaugural speeches, I am acting on behalf of the opposition and my colleagues in the Nationals WA. I believe Hon Julie Freeman would normally be the leader of opposition discussion on this bill. I say this so people are aware of the arrangements that after the inaugural speeches are delivered in June, other members will present on these matters. In the meantime, I acknowledge that.

I have been provided briefings from colleagues in the opposition alliance and the Nationals WA on this matter. There seems to be a level of support from local governments on this issue because of the problems of low registration numbers of off-road vehicles, the ongoing antisocial behaviour that we see and the loss of life. I referred to this in my opening remarks yesterday prior to the suspension and my request to speak at a later stage of that day's sitting—namely, those terrible events that we saw last summer, and again in the last few days in which an off-road vehicle again claimed the life of another young person.

Clearly, the government has brought this matter to this place; we again commend the bringing of this bill to the house. We also hope that we make things easier by being able to register a vehicle through electronic means and not requiring a licence plate. I believe that is another change that is occurring. I know that for some off-road vehicles, it is probably quite difficult to have a physical licence plate. There will be alternative mechanisms to identify registered vehicles. Those changes are important because of the proliferation of different types of vehicles now in the marketplace. Within government, we want, and it is certainly the intention put out by the government, to ensure that to the greatest extent possible, people are incentivised to register their off-road vehicle. Why do we want to incentivise people to register a vehicle, apart from not breaking the law? We are not producing these laws just to have a punitive approach; these laws will enable the authorities or regulators to communicate with those registrants so that they can be provided information on how to maintain those vehicles and their obligations. I hope that this is seen as a step toward having more clarity on the use of off-road vehicles across our state.

There were some comments in the briefings about the off-road vehicle sites, of which there are a limited number across Western Australia. We know that off-road vehicles are used right across Western Australia, probably in many ways against the law, but there are designated sites for off-road vehicles. I understand that, over time, it would be the intention to make those sites more available for persons who seek to recreate using off-road vehicles. As I mentioned earlier, off-road vehicles are also used for employment or economy purposes—for example, in the farming community, so that is important as well. We know that off-road vehicles have a whole range of uses.

I have a couple of points on some feedback from the Shire of Gingin that I think are useful. This feedback was collected by Kirrilee Warr MLA, in the other place, who is the opposition alliance shadow Minister for Local Government. The comments were that this legislation is a step in the right direction. Using the Shire of Gingin as an example, which I am sure is reflected across local governments across the board, there is a hope that some additional funding might come from this to aid the day-to-day management of areas. There were comments around ongoing concerns about tenure and liability, which are always an issue. Certainly, this is an area that by having some more regulations, one might say, might be of assistance.

For the advisers who are here, I would like to put them on notice that I will ask some questions in the clause 1 debate, just for a relatively short time. We will just have a few questions. I think sometimes it is a good thing to have a very short clause 1 debate. For those new members in the chamber who are able to participate, I encourage them to ask any questions that they might have, because it is a custom of this place to provide the opportunity for a broad discussion and questions that we might not otherwise get time for during a briefing. Therefore, there will be a clause 1 debate on this bill. From my end, it will not be long, and I am just letting the minister know that we will have that debate resolved fairly quickly.

The clause 1 debate will enable me to ask a couple of questions that have arisen from the briefing note as well as some other questions that I have put together here in relation to the revenue side; the expectations around registrations; the changes that this new legislation will have; what strategies the government might have for reaching out to the broader community of unregistered off-road vehicle users, which seems extraordinarily large at the moment, and whether there has been any assessment of that; and the impact of this bill going forward.

I do not think it is the government's intention to just simply use this bill as a revenue-raising exercise. Given the cost-of-living pressures out there in the community, we will not support merely a revenue-raising exercise. I do not think that is something the opposition would support just on that basis; however, again, the legislation will necessitate some additional resourcing I would expect given that there will be a bit of a focus on improved compliance for off-road vehicles and their registration going forward.

With those rather brief comments, I would just like to say I commend the bill to the house. We from our side commend it. As I say, we want to see greater controls on the use of off-road vehicles. We want to see a safer environment. We want to see better communication with the community on these issues. I think anybody living near any public open space would be very much aware, as I am, of motorcycles roaring through bushlands and conservation areas in our urban environments, knowing that full well, in many cases, those people are not necessarily fully equipped with safety gear, or those vehicles might be unregistered and are being used inappropriately. If this measure in any way facilitates the government to help address and manage that, in partnership with the rangers and with local government, to any extent, that would be good. Obviously, at the end of the day it will come down to those boots on the ground and the difficult challenge of the vehicle—unregistered or not—so I certainly would be interested in some feedback on that in a rather brief clause 1 debate, which we are about to have, unless there are other detailed questions that other members in this chamber would like to present. It is entirely up to them if they would like to take it further.

With those comments, I commend the bill to the house.

Hon Klara Andric (3:16 pm): I, too, rise today to give a brief contribution to the Control of Vehicles (Off-road Areas) Amendment Bill, which is before the house, and we are discussing what Hon Neil Thomson has gone over previously. My contribution is in support of the bill.

As many of us in this chamber know, this bill is an important step in the government's work to support safe and responsible off–road vehicle riding right across WA, and it is in the interest of the hundreds of thousands of off–road vehicle enthusiasts in our state. I am sure many members know that particularly during the COVID lockdown, when we were not able to leave this glorious state of ours, people looked at various options to get out and explore, and a lot of that involved off-road vehicles. Not so much my oldest child, but my youngest child is quite the enthusiast and has no fear of danger whatsoever, which as a parent I find quite frightening. However, it is something that not just my youngest child, but many, many members of our community, both young and old, enjoy doing.

This legislation has been quite a long time in the making and, as I mentioned before, it will deliver practical reforms to improve the registration process, deliver better compliance outcomes and support the growth and sustainability of dedicated off–road vehicle areas right across our state. This bill reflects the values of our government and its commitment to practical outcomes that get us safer communities. It is very important to listen to the voices of our regional riders and local governments. The bill also reflects on a broader shift in how we manage and support outdoor recreation in modern Western Australia. Whilst I am not an off-road enthusiast—believe it or not I spent many times not going with my ex-husband off the beaten tracks for a number of reasons—I think the older I got, the more I liked the comfort of life at home. Camping, fishing and off-road driving were things that as a child I loved, but as the years came on, I prefer to send the children off and away and enjoy what I call the comforts of home. Plus, I am also terrified!

With age, I have become a little more scared of getting on those quad bikes and vehicles as sometimes I fear for my life in them. I am that person who gets on a quad bike that is going 10 kilometres an hour while my 12-year-old is zooming past me. That is not to say that many other members of the Western Australian community do not enjoy it. I have had the pleasure of casting a rod out—

Hon Jackie Jarvis interjected.

Hon Klara Andric: Yes, I do like fishing, honourable member. You looked at me very confused. Yes, my dad is a massive fishing enthusiast and I grew up with it. He is the adventure man who goes fishing off Steep Point. He is not so much off-road; he is more of an in-ocean enthusiast, casting his line.

I have been four-wheel driving at Tims Thicket. It is a beautiful beach and a beautiful place to take your four-wheel drive and watch the sunset and that magical ocean, very close to the metropolitan area. We have to be very careful on certain parts of Tims Thicket. I experienced that with the limestone cliff, which can be quite dangerous and scary, depending on the tide. Four-wheel driving is an experience that many Western Australians love and they go out on many weekends, spending their time out on the tracks and the beaches of our WA coast.

I go back to the three key things that this bill will achieve. Firstly, it will remove the requirement for a statutory declaration when they register or renew the registration of an off-road vehicle. This will make it so much easier for off-road vehicle owners to complete their transactions online. Secondly, it will introduce registration stickers, as Hon Neil Thomson mentioned only moments ago, as an alternative to numberplates. This is in response to direct feedback we have received from not only riders but also various advocacy groups. Thirdly, the bill increases penalties for existing offences under the off-road vehicle act, many of which have not been updated since 1978, which is 47 or 48 years ago. It is well and truly long overdue. These updates reflect modern expectations for safety, environmental protection and responsible riding. At the end of the day, this is paramount. As a parent and citizen who has explored the wild west off the beaten track with off-road vehicles, safety is always at the forefront of my mind. We need to ensure that people comply with regulations, use common sense at all times and do not rely on just the information on Google and their phones when using very dangerous tracks. From what I read, a lot of people get themselves into trouble because instead of looking at the situation before them and using common sense, they rely on the information on their phone that may not necessarily be correct. These reforms will form a stronger and a far more modern legislative foundation for off-road vehicle use in our state. They also signal the Cook Labor government's commitment to making outdoor recreation safer, more accessible and also, very importantly, more sustainable for future generations.

Tim Bowman, who works in the off-road camping and caravanning industry, referred to incidents that have been happening across our state recently. He says :

"A lot of it comes down to overconfidence … and not having the ability or knowledge to get out of these situations …

That is something we want to avoid. Through revenue raised, we want to ensure that these areas and zones are kept as safe as possible for the off-road vehicle enthusiasts who use them.

There are many types of off-road vehicles used across WA, some of which I have had the pleasure and displeasure of using. They include trail bikes, quad bikes, buggies, all-terrain vehicles and, as we know, many, many more. The vehicles are used on private land, in gazetted ORV areas and sometimes, unfortunately, in places where they simply should not be. There are thousands of unregistered ORVs across the state. Currently, registration requires a statutory declaration to be made by an in-person visit to a licensing centre, which is very outdated and unfortunately deters the essence of being compliant. As the explanatory memorandum explains, only around $125,000 in registration revenue is collected each year and only a small portion of ORVs are registered. As someone who does not have the greatest idea of how many people across Western Australia have off-road vehicles, just looking within my personal family and friends, I know that $125,000 is very minimal compared with how many off-road vehicle users are out there. That is a reflection of something that needs to change and it is exactly what this bill will do. It will ensure that we have compliance; it will modern the legislation in a way that will make it a lot easier for people to register these vehicles.

It is worth reflecting that when the act was passed in 1978, a long time ago, we had a population of just over 1.2 million people. Today, according to recent Australian Bureau of Statistics data, we have 2.9 million or three million people—certainly a lot more than in 1978. Thankfully, Western Australia looks a lot different from what it did in 1978. The way people live, work and ride has changed dramatically. Essentially, we are making sure that our laws keep pace with the ever-evolving changes in our state.

As I mentioned, the COVID-19 pandemic sparked a surge in interest in local exploration. We were all desperate to get out of our houses when we could and many families took it upon themselves to purchase off-road vehicles, whatever type that was. We also know there was a massive increase in the cost of purchasing these vehicles and four-wheel drives. I do not know whether members recall the significant increase in the cost of four-wheel drives during COVID because we were keen to get out into our own backyard. It is something that many families across WA enjoyed during that time.

That spark in exploration of our own backyard was fantastic. I certainly took part in it and saw many things in WA that I had never seen before. I was happy to explore Western Australia when many people around the world were not able to even leave their home. We have fantastic outdoor space; our backyard is brilliant, with various things to do. People took it upon themselves to get out there and explore. It was a great way for families, certainly my family, to also reconnect with nature and spend time together in what most people would say is a rather safe way.

The Cook Labor government knows that modern systems are needed to support modern recreation, and if we can renew our vehicle licences online, register our dogs online and pay our taxes online—pretty much do anything online—it only makes sense that we should be able to register our off-road vehicles online too. Registering an ORV is not just a legal requirement to use gazetted ORV areas; it also means that vehicles can be more easily recovered when stolen and helps to contribute to funding the system, which Hon Neil Thomson talked about earlier, to support trails, infrastructure and, most importantly, safety improvements at popular riding areas across our state. Funds collected through the ORV account have supported sites previously, including Pinjar, York and Ledge Point. Through this bill, we will help to grow these areas and encourage even more safe and responsible riding. It is about not only the safety of riders but also the enjoyment of families and peace of mind for some of the neighbours around those supported ORV areas.

In September 2024, the Cook government announced $4.8 million in grants for local governments to establish and upgrade ORV areas. These grants will help to build new facilities for the various trail bikes, quad bikes and all-terrain vehicles. It is an important investment for regional towns, where ORV tourism supports local businesses. Local governments like the Shire of York have shown what is possible when a council, the community and the riders work together. We want to make it easier for more communities to develop these areas, manage them well and attract safe and sustainable visitation. We all know when we go out on a day trip that many families will take their off-road vehicle, buggies and quad bikes with them. As families, we spend quite a substantial amount of time in and bring investment and business to some very small local areas, so the benefits are social, economic and environmental. Regional WA thrives when it is supported with the infrastructure and funding it needs to unlock local potential. As I mentioned earlier, off-road vehicle areas bring visitors to a region and its hospitality and retail businesses. They also bring a sense of community pride.

The bill will also introduce registration stickers as an alternative to plates. For some ORVs, especially trail bikes and buggies, mounting a plate can be quite difficult and sometimes quite unsafe. A durable sticker is more visible and compliance requirements will give riders a lot more flexibility. It will also modernise the way we register these vehicles. The Department of Transport will implement this change once the bill passes and those systems have been updated. It is just another example of how the Cook Labor government is listening and delivering; I call these very practical reforms. We are not just legislating; we are removing obstacles and improving the experience for our off-road enthusiasts. It is expected these stickers will be a lot easier to affix, harder to tamper with and more practical for enforcement. It will also reduce the number of non-compliant vehicles at ORV sites, making it safer for all users, whether we go once a year or 10 times a year.

There are also changes to the penalties, which I highly encourage. The current penalty system is quite outdated—as outdated as the act itself—with a maximum court-imposed penalty of just $1,000. I understand that some offences now attract penalties of as little as $50. Those amounts certainly do not reflect the seriousness of various offences like illegal riding in a prohibited area, which, as we know, is a problem; excessive noise; and damage to some of our sensitive environments. The bill lifts all court-imposed penalties—I am very proud to hear that—to a maximum of $5,000, which certainly is a much better reflection of the crimes that are sometimes committed in off-road vehicle zones. The bill also enables penalties under regulations and local laws to rise to $500, which brings the ORV act in line with other vehicle-related legislation like the Road Traffic Act. I will mention a few examples. Driving in a prohibited area will have a maximum penalty of $5,000. Operating an unregistered vehicle will also have a $5,000 penalty. Creating excessive noise, failing to wear a helmet and allowing a child under eight years to operate an ORV illegally will also come with a $5,000 maximum penalty under this legislation. These are meaningful reforms and reflect modern expectations for safety and accountability. They also give enforcement agencies and local governments the authority they need to manage high-risk behaviour. Members, this is about fairness as much as it is about deterrence. Riders who do the right thing should not be placed at risk by others who ignore the rules, and now the penalties for doing so will also reflect this.

Members, the bill will have a lot of impact on the community and tourism potential. The bill will have far-reaching benefits by making ORV areas safer and easier to access where we promote regional tourism and weekend visitations. Families will have more opportunities to explore these ORV areas knowing they are well managed and legally supported.

As I said, I am not someone who has jumped at the opportunity to go off-roading, camping or fishing; however, I have experienced the delight and the beautiful nature of the Western Australian coast. I have sometimes feared for my life, but nevertheless it has been an experience. I know many families enjoy it and I am pleased to see these responsible changes and that this bill will support regional tourism, local jobs, protect the environment and also, most importantly, ensure rider safety. Essentially, it reflects our commitment to ensuring that every rider has access to safe legal places to enjoy their sport and also to enjoy their vehicle. With that, Deputy President, I commend the bill to the house.

Hon Ayor Makur Chuot (3:39 pm): I rise, just like my colleague and friend Hon Klara Andric, to support the Control of Vehicles (Off-road Areas) Amendment Bill 2025. As you have heard from my colleague, this legislation fulfils our Cook Labor government's commitment to supporting safe, sustainable and responsible recreational off-road vehicle riding through our state. Our government recognises the critical importance of providing areas that are safe where off-road vehicle riders, particularly young people, can enjoy these activities legally, safely and responsibly. Off-road vehicles have become common in our community, and they are part of Western Australian activities now, especially in our rural areas and coastal regions. I live in Ellenbrook and I think we have an area near one of our roads. With the increased activity comes an increase in responsibility that we must acknowledge as a government and, of course, as a community. Off-road vehicles are many young people's first experience operating motorised vehicles. As a mum of a teenager, it is very important to see young people doing things responsibly. This is not just a recreational activity, but a stepping stone towards road safety and responsibility.

As you heard earlier from our government, the proposed amendments will provide clarification on the safe and legal use of off-road vehicles. This clarity is not just administrative. It is essential for protecting lives in our community, as not everybody respects the safety of others. For example, we have seen individuals riding off-road vehicles (ORVs) on residential roads at high speed, which poses a significant risk to children and the community. By minimising such incidents we can help protect both our people and the land. When I was out doorknocking during the election campaign, I had a conversation with two concerned people regarding off-road vehicles. One person in particular told of apparent incidents of a few young people who did not live on the street but happened to be on that road. They highlighted their significant concern. This is why amending this legislation is so important.

One of the core amendments in this bill is to increase penalties imposed on those who have failed to abide by existing regulations. Right now there are penalties for riders who use off-road vehicle areas and who operate unregistered vehicles. However, these penalties are outdated and no longer serve as effective deterrents. To give context, the current maximum court-imposed penalty, as we heard from my colleague Hon Klara Andric earlier, is $1,000, while the maximum fine for offences against the regulations is just $100. The highest modified penalty is $50. These figures have remained largely unchanged since 1978, which is almost five decades ago, and they majorly lag behind today's road and traffic enforcement framework in our state such as the Road Traffic Vehicle Act 2012 and the Road Traffic Code 2000. This bill proposes an increase to the maximum court-imposed penalty from $1,000 to $5,000. This increase better reflects the serious risks posed by illegal and reckless off-road vehicle use. It also ensures that penalties go to the potential consequences of such actions, whether that be environmental damage or injuries to other users. They send a clear message that this government supports responsible recreational users so our community feels safe most of the time. We will not tolerate the disregard of the laws of our state.

It is also important to note that off-road vehicle registration fees are not just another government revenue stream. The registration fees are collected into a special-purpose account under the control of the off-road vehicles legislation, and local governments can then seek to access those funds to support the development, maintenance and enhancement of designated off-road vehicle areas when needed. This fund model empowers communities to develop their own safety and manage ORV spaces tailored to the needs of the local community.

Another key amendment in this bill is to modernise the ORV registration process. Currently in Western Australia vehicle owners must attend Department of Transport licensing centres in person to register, renew or transfer their off-road vehicle. A statutory declaration is also required. This requirement is outdated, inconvenient and unnecessary. In today's digital age we should do everything we can to streamline services to the public's needs, especially for our young people. The amendments proposed in this bill remove burden, allowing owners to complete their registration online. That is especially good young people who are multitasking—going to university or doing part-time work. This might be a small thing, but it is a significant change that will make it easier for people to comply with the law and it will increase registration rates. It will give us much better data and greater control over vehicle usage.

Beyond the practical and legal elements of this legislation, we must also consider the broader socio-economic and cultural implications of off-road vehicle use. Off-road vehicle areas are more than just places to ride. They are recreational spaces that bring families, friends and communities together. They are also significant tourist attractions for Western Australia as we continue to develop a reputation of being a beautiful state with global tourist attractions. The responsible promotion of off-road vehicle activities can play a key role. By supporting this bill, we also support the tourism industry and the local economies that benefit from it. Tourists seeking outdoor recreation are more likely to visit regions that are known for their safe infrastructure and sustainable practices. As I mentioned earlier, well-managed off-road vehicle areas are not just attractive to visitors but also support local accommodation providers, restaurants, mechanics, retailers and tour operators.

When tourists spend money in these regions, it creates jobs and boosts our region in our state. Overall, promoting the responsible usage of vehicles helps the very landscape that makes Western Australia very unique. Thank you, Deputy President.

Hon Jackie Jarvis (Minister for Agriculture and Food) (3:50 pm) in reply:Thank you, Deputy President. I want to thank the contributors to this bill. I am aware that we have some new members in this place, so I thought I might start with a quick recap of the Control of Vehicles (Off-road Areas) Amendment Bill. As mentioned when we introduced the bill, the bill does three things. It removes the requirement for a written statutory declaration to be made when registering or renewing an off-road vehicle, which then facilitates the fact that we can now move these transactions online. It introduces the option of registration stickers to be fixed as an alternative to registration plates. That was made very clear to us by vehicle users and advocacy groups. We know that number plates can come off if a driver is going off on an off-road area and driving across rough terrain. It also increases the penalties for existing offences such as riding in an approved area, riding dangerously or riding an unregistered vehicle in an off-road vehicle area, which of course helps protect our natural environment, but also ensures the safety of users.

Again, as a bit of a recap, off-road vehicles are things like dirt bikes, quad bikes, buggies and all-terrain vehicles. I know a lot of farms now are moving from quads to side-by-sides. That is a range of off-road vehicles we are talking about. Some of those vehicles can be road registered. People can have a dirt bike that they road register, and if it is registered for road use, it can be driven on public roads. However, this bill deals with a separate category in which people have chosen to register their vehicle as an off-road vehicle so that it can then be ridden in these dedicated off-road vehicle areas. It is possible for someone to keep their off-road vehicle unregistered if it is only driven on their private property. I know, on our farm, we have a side-by-side that is not registered; it is only used on our farm. However, having read through the notes of the bill, they state that if an off-road vehicle is registered, it can then be more easily identified and recovered if it is stolen. I certainly know that some regional areas have seen the theft of things like quad bikes, side-by-sides and all-terrain vehicles from their properties. The registration fee is $35 per annum, so it is a fairly low price to pay for an insurance policy that, if someone registers their vehicle, even though they are not taking it off their private property, it can still be traced. That is a good thing.

These are sensible and logical reforms. They are the most significant to occur in the act since it was introduced in 1978. The bill has been shaped by input from the Off-Road Vehicles Advisory Committee, The Recreational Trailbike Riders' Association, local governments and riders in the broader community. As I have said, this will modernise outdated registration schemes to allow for online registrations. It will remove the requirement for someone to go in every year to hand over a statutory declaration to the Department of Transport and bring it online—as we have with all our other vehicle licensing systems. The Department of Local Government, Sport and Cultural Industries will continue to work with DOT to make sure that there is a really good environment for the inclusion of off-road vehicles. This is part of this government's broader commitment to improve off-road vehicle areas. There was a financial commitment announced last year for $4.8 million to improve and increase access to this popular recreational activity.

Hon Ayor Makur Chuot talked about the tourism boost. I understand that the example she used was the Shire of York, where people go to do off-roading. Hon Ayor Makur Chuot also spoke about young people and how an off-road vehicle is sometimes their first experience of driving. She talked about safety because, as she pointed out, she is the mother of a teenage boy and how she makes sure that if he is involved in off-road vehicle use, that he is doing it safely, that it is registered and that he is doing it in approved areas. Hon Neil Thomson spoke about people riding dirt bikes in urban bushland. I can tell members—it is not just bushland. When I am in Perth, I stay in Victoria Park. I am near the McCallum Park reserve, which some members know is a bit of parkland in front of the river there. Dirt bikes have been riding illegally on that. A couple of young men were riding illegally. However, there was a bunch of apartments there, so there was a whole bunch of people out on their balcony all dialling the police at the same time. Having that registration system in place allows us to make sure that we can penalise those people who are doing the wrong thing, which is really important.

Hon Neil Thomson did raise the issue of whether the government wanted to make sure that licence fees were not revenue raising. As I said, registration is $35 per annum and that goes to support the creation and upkeep of those off-road vehicle areas. We know that off-roading can polarise some sections of the community, but this bill brings reforms that benefit the wider community. We want to make sure that people are doing this in a safe manner. I live in Cowaramup, where I have easy access to the Wadandi Track. It is a track where people walk. I walk my dog there. People are pushing prams and there are small children on bikes. I know that they sometimes struggle with having young teenagers riding dirt bikes through there, so these reforms will lead to registration compliance and provide greater visibility of riders and their riding behaviours. Hon Klara Andric spoke about greater penalties, which gives greater enforcement. These penalties have not changed substantially since 1978. They certainly have not kept up with penalties for on-road vehicles, so I think it is really important that we modernise this act, which is the point of this bill. I am not sure whether anyone else was as surprised as I was that Hon Klara Andric is not into camping and off-roading—she just gives off that vibe of someone who would love to be out camping. She knows that I say that from the heart.

Hon Neil Thomson: Minister, I am in the same boat.

Hon Jackie Jarvis: I was as surprised as anyone! As she pointed out, she too has a teenage daughter and she talks about the fact that her daughters loved it. I think it is something that all families in some way or another can get involved in.

Members, these reforms will make life better for off-road vehicle users. I want to touch briefly on the registration fees. As I mentioned, the registration fees are relatively low, but the registration fees are also collected and funds put into a special purpose account established under the Off-Road Vehicles Act. Funds can then be accessed by local governments to support the establishment, upgrades or ongoing operations of these special off-road vehicle areas. One of the challenges we have had is the requirement for a statutory declaration. Because the act came from a different time and required people to physically go into the DOT, it meant that there was a high level of noncompliance in getting registrations. Making it easier and having it online means that it is a relatively affordable registration fee. That means that we can have a high level of compliance and that those registration fees can be collected and put into the special purpose account that local governments can then access to manage the establishment of new sites and manage upgrades or ongoing operations. These funds have already been used to support works across a number of locations in WA, but we look forward to working more closely with those local governments.

As I said, the process at the moment is cumbersome. That will be fixed by removing the requirement for a statutory declaration. Hon Neil Thomson talked about not requiring the licence plates. As I mentioned before, that is from feedback. People can have a sticker instead of a licence plate. Hon Neil Thompson also spoke about how there is only a limited number of off-road vehicle sites, which is true. However, we certainly hope, both with the $4.8 million grants that were announced last year and having that special purpose account that the registration income can go into, that local governments can access that.

As we know, the bill also contains provisions to increase penalties for existing offences such as riding in a prohibited area, riding dangerously—I think we have all touched on the fact that we have seen that—and riding an unregistered vehicle in an off-road vehicle area. As I said, the penalties are largely unchanged since 1978. That change will basically modernise the act, ensure that the penalties are more comparable to those under the Road Traffic Code and, hopefully, deter some of those people who like to ride dangerously on paths, in parks and in urban bushland where they should not be riding.

Put simply, these reforms will make life better for off-road vehicle riders who are doing the right thing and following the law. They will make life better for the general community. They will not only support a safer environment but also support the natural environment, and they will make life more difficult for riders who continue to do the wrong thing. These changes are long overdue, as we know. This act was enacted in 1978, so it is time to bring this pastime into line with the expectations of the general community. I want to thank everyone for their contributions.

I commend the bill to the house.

Question put and passed.

Bill read a second time.

Committee of the whole

The Deputy Chair of Committees (Hon Sandra Carr) in the chair; Hon Jackie Jarvis (Minister for Agriculture and Food) in charge of the bill.

Clause 1: Short title4:03:08 PM

Hon Neil Thomson: I thank the minister for the very concise presentation she gave on this bill. I also thank the staff from the department who have been working on this legislation for some time. I want to cover a couple of broad areas just for the public record in the hope of putting this discussion in Hansard if any inquiries are made by some stakeholders out there, along with local government and community groups. My first set of questions relate to the consultation that was undertaken by the government and the agency in the lead-up to the preparation of this bill; I refer to stakeholders, including community groups and off-road vehicle clubs, and maybe even environmental organisations, that were spoken to during the preparation of the bill. Putting two questions together, could I get a general indication of the broad timeframe in which consultation was had?

Hon Jackie Jarvis: I thank the honourable member for the question. This legislation has had a fairly long genesis. I understanding that a state trial strategy, which first started in 2007, made some recommendations. It looks like we finally got there. I understanding that after a roughly six to 12-month period in 2020–2021—my advisers here do not have the exact dates—the consultation was finalised by June 2021, in preparation for the new bill to be prepared. With regard to who was consulted, the bill was developed through the advocacy of riders, including members of the Recreational Trailbike Riders' Association of WA. They have been very active and involved for many years. Dedicated members of the Off-Road Vehicles Advisory Committee were also consulted, and they continue to work with the government to support the future of ORV riding in WA. The Western Australian Local Government Association and other industry representatives that have been calling for these reforms for a number of years were also consulted. The Department of Local Government, Sport and Cultural Industries was also consulted, and worked with the Department of Transport on the initial stages of developing the bill in 2021. I can also let the member know that the advisory committee has a number of members of local government appointed by WALGA who are also able to act as a conduit to local government. Hopefully, that information assists.

Hon Neil Thomson: I also acknowledge the hard work of the trail riders association, one of the groups the minister mentioned that has been involved in this legislation. It is obviously made up of volunteers, and I commend them.

In relation to the consultation period, were any objections raised at any stage about the bill before us today?

Hon Jackie Jarvis: This bill is fairly simplistic. It has three main changes. There have been no objections to this bill. I did double-check, even with regard to the increase in penalties. Apparently, those consulted were also happy with that increase because obviously it prevents bad behaviour, which obviously reflects poorly on those who are doing the right thing.

Hon Neil Thomson: Going forward, I note that the aim of the changes is to increase the percentage of registered vehicles and obviously promote the new methodologies for that—the reduction in red tape around getting a vehicle registered and also the capacity to have a vehicle registered in a way that is more appropriate. Does the government have any specific plans to educate off-road vehicle owners once this bill is passed? What will the department do to build community awareness around the changes and its obligations in relation to the changes?

Hon Jackie Jarvis: Honourable member, once the bill has passed, the Department of Transport can start working on migrating it to that online system. Once it is ready to go, there will be communication channels for the Department of Transport. It will have a marketing plan, as government agencies do, about how to promote the fact that there is now an online registration, obviously, as people's registrations come up. There is also industry. As I said, this came out of a trial strategy in 2007, so lots of users have been waiting for these changes. We will obviously leverage those relationships with the Western Australian Local Government Association, the Recreational Trailbike Riders' Association and the advisory committee, which will also then get the word out there. If more advocacy is needed to make sure that people understand that there is an online system now, the Department of Transport will work through that, as it does with its normal messaging.

Hon Neil Thomson: Just on that, does the department have a communication strategy now for the rollout of this? Is there one being prepared?

Hon Jackie Jarvis: My advisers are not from the Department of Transport; they are from the Department of Local Government, Sport and Cultural Industries. I am not sure if we are still using the old name or the new name. In my experience, the Department of Transport does comms quite well. I cannot give the member that advice, but the department would obviously want as many people as possible to be aware of the new online system. I cannot give the member that advice, but I can certainly take it on notice.

Hon Rod Caddies: There will be a period, obviously, when people are getting used to it. The Department of Transport can put it out there and advertise, but as we all know, unless someone is on certain means of advertising, there are a lot of things they do not see in the community. How will that transition work for people to actually know that a law has come in?

Hon Jackie Jarvis: Honourable member, it has always been illegal to ride unregistered off-road vehicles. I take the member's point about how people will know the law has changed, but the law has not actually changed. What has changed is the way that people can register. We are making it easier for people to register.

I assume there will be media statements et cetera to communicate the higher penalties going through to those users, but we have not changed the law from people not having to register off-road vehicles if they are riding them on private properties to now having to register them. There has been no change there. We are not bringing in a new law, as such. What we are doing is amending the law to make it easier to do those registrations. I hope I have answered the member's question, but I am happy to do a follow-up if I have not.

Hon Neil Thomson: From my reading, there will be no additional offences in this bill—only additional penalties?

Hon Jackie Jarvis: By way of interjection, no, member.

Hon Neil Thomson: Look, I just hope there will be some awareness. Obviously, Hon Rod Caddies made a very good point about making sure that people are aware that penalties will be increased substantially. There might be certain people out there who felt that the old penalty was not sufficient to feel that they had to comply, so hopefully this will make a difference.

Has any modelling been done by the agency about the likely uptake of registration and the increase in percentage of registration, and does the minister actually know what percentage of off-road vehicles are currently registered?

Hon Jackie Jarvis: Honourable member, we do not know. Because a lot of vehicles are not registered, we obviously do not know how many are out there. Even if we looked at sales data et cetera, that is not going to give us a good figure because there are off-road vehicles, like the one we have on our farm, that are not registered because they are used on private property and have no need to be registered. We suspect, though, that the number of registered vehicles is lower than it should be. I am sure there are people riding illegally who are not registering their vehicles. I guess this gives us a tool to actually say to people, "We've made it easier, please register." The member might have been out of the chamber on urgent parliamentary business—I am not sure—but I made the observation that I did not realise it was only $35 to register an off-road vehicle. If someone is a farmer with a vehicle, for $35 they can have something that is actually traceable. I think that is the message we would need to get out there and we will certainly be working closely with the Minister for Transport to actually make sure that communication is there. But at the moment, we do not know the number. We suspect it is low. We are trying to make it easier for people to register.

Hon Rod Caddies: There is another issue about the off-road vehicles. I looked up the definition of "off-road vehicle", and it is any vehicle that is not registered for on-road use. I was just wondering about the different sorts of off-road vehicles with the technology now and how they could be classed if they are not registered on-road. I can use the example that when I used to take my son on his motorcycle, I also had a little 12-volt quad that my daughter would jump on. It did about three or four kilometres an hour. Is there a definition of what would be classed as an off-road vehicle that a person would have to pay the $35 to register?

Hon Jackie Jarvis: I am afraid I am not necessarily going to be able to give the honourable member a clearer definition. As the member said, the definition under the act is:

…a vehicle which is not licensed, deemed to be licensed, or the subject of a permit … under the Road Traffic (Vehicles) Act …

The Road Traffic (Vehicles) Act 2012 is therefore the act that we should refer to. I do not have a copy of that act here. I am with advisers from the Department of Local Government, Sport and Cultural Industries. It is presumably a quirk of this particular act that it sits under the remit of the Minister for Local Government. I do not have the Minister for Transport and I do not have advisers from the Department of Transport. I do not think we have a clear definition, but I appreciate what the member was saying about a small quad bike, which essentially, I guess, is closer to a child's toy than an off-road vehicle. I suspect we will pass this bill before the end of the day, but I can certainly reach out through the Office of the Minister for Transport and get the member an answer offline.

Hon Neil Thomson: I think that is a very interesting question. I will not follow up with a question, but I will make a short statement on that. Hon Brad Pettitt raised issues about those alternative forms of mobility and the challenges around defining those and how they are managed. That is something that the minds of this chamber might turn to at some point in time further in the term. Noting the time and moving to question time, in the essence of getting this bill passed, we support it. Clause 11 outlines the modification of penalties. What will be the process once this bill passes? I understand the local government currently has $100 penalties for infringements. I think they can go up to $500. Will there be an expectation for local governments to go through their council process to modify those penalties through their bylaws? Is that how that would be facilitated? No doubt, there will be someone from local government watching now, and as soon as this bill is passed, the first item of business at their local council meeting might be to facilitate and increase the penalties for antisocial or illegal behaviour within their local government reserves.

Hon Jackie Jarvis: The honourable member is right; if they wish to increase the penalties in line with this bill, they would need to do a local law amendment. However, they are not obliged to. They can; it gives them the option to.

Hon Neil Thomson: This is my final question. On the administrative side, fines are going up. I assume there will probably be a bit more work on compliance. Will there be any change to the resourcing within the Department of Transport, which I assume deals with compliance with fines? Or does it vary depending on the tenure of the land and where people are operating and so forth? Is that mainly left to local government? Could the minister give me clarification on the resourcing effort to ensure we get some more activity on this front?

Hon Jackie Jarvis: Authorised local government officers, who I assume are rangers and police officers, are generally the first people called. We are strengthening the fines. I think those people probably already get called. I certainly know that when someone was hooning in the park across my way, the neighbours were all calling the police.

Also, section 38 details the usual persons deemed authorised and allows for others to be appointed under certain circumstances. Interestingly, the usual persons deemed authorised already under the act are any member of the police force; an inspector under the Environmental Protection Act; a conservation and land management officer; a forest officer, a wildlife officer or ranger under the Conservation and Land Management Act; an honorary warden under the Aboriginal Heritage Act; an inspector or honorary warden under the Waterways Conservation Act; a fisheries officer referred to in the Fish Resource Management Act, which is interesting; any person authorised by the CEO under the Road Traffic (Administration) Act; and a prescribed officer of a public authority.

I think the message there is that there are already lots of people enforcing this. One challenge has been that because the penalties are so low, it has been very difficult to then stop that behaviour.

Clause put and passed.

Clauses 2 to 15 put and passed4:24:36Title put and passed4:24:38

Bill reported, without amendment, and the report adopted.

Third reading

Bill read a third time, on motion by Hon Jackie Jarvis (Minister for Agriculture and Food)and transmitted to the Assembly.