Booked for "Environmental Degredation"

[mightymouse]

Just returned from the VIC 4wd Association meeting with some news of troubling developments in the battle to continue our recreational activity.

In a crackdown in Wombat and Jamison over the last two weeks 17 4WDers have been booked driving on tracks deemed by DSE not to exist ( i.e. not on their official maps - but tracks that have been in existence in some cases for many years ) or for "environmental degradation" which has been interpreted as broadly as getting bogged or driving through an obstacle such as a boghole when there was a bypass.... This "crackdown" appears to be instigated by elements at DSE and is being enforced by the police.

With broad use of "environmental degradation" every 4WD used off road is at risk of prosecution. Engineered or not, defined track or not - "degrade" the environment and your gone.

Needless to say the Associations is acting to resolve this very unsatisfactory situation.

This sort of stupidity makes it even more important to build relationships with Government and continue our support of 4WD Vic IMO

Will provide more information as it becomes available - but I think we are going to hear a lot more about this.........

[cj!]

This is the most concerning news in relation to our use of tracks.

The following is an edited quote posted on Outerlimits4x4

Dear --------------------------


Further to our conversation last night I report the following, with some concerns.

I received a report from ---------------------------------------- last night after a day trip in the Wombat State Forest. At our convoy’s noonday stop for lunch at Firth Park, they happened upon two police officers on marked police trail bikes who were taking a break. ---------------------------------------- He engaged the two officers in conversation for over half an hour and learned the following:

The two main reasons for the police presence in the Wombat was, one; to apprehend trail biker riders on unregistered bikes, and to issue fines for such as well as fines for other offences committed (i.e. ignoring locked gates, riding on formed tracks and so on).

Second; to issue fines for four wheel drivers who were entering bog holes when an alternative route existed. The senior constable in charge of the operation twice stated that if they came across a four wheel drive vehicle stuck in a place where it was deemed by them that they should not be, an on the spot fine would be issued, regardless of whether or not they had the means to recover themselves, or whether or not a convoy was present to lend recovery assistance.

When ---- queried what actual road law was being violated in this instance the officers declined to say, and the senior officer several times pointed straight to the DSE as having called them in to police the roads and tracks. It was clear to ------ and others present that this was a DSE directive that had come from “Melbourne.” It was mentioned several times.

The officers also mentioned that the previous day they had been doing the same thing and issued several fines for four wheel driver owners in the Jamieson area found bogged and recovering themselves. On previous weekends, they have been policing Bunyip and Toolangi specifically looking for unregistered trail biker riders and four wheel drives in places they were not supposed to be, including bog holes and places they were likely to become stuck.

The officers also mentioned that in discussions with the DSE concerning the opening of MVO tracks to four wheel drive clubs that they had “vigorously opposed such a proposal” and would continued to do so because “once MVO tracks are open we will have to police them – whether clubs are on them with keys or not. We don’t want them accessed at all” (the senior officer present.) This occurred as the police operation was being discussed with the DSE. An inadvertent mention by a DSE staffer of current discussions with FWDV about access to MVO tracks was met with surprise and annoyance by Victoria Police officers, who immediately expressed their determination to prevent such access. The senior officer speaking with ------ asked, “Why on earth would you want to be on those tracks?” When John mentioned a range of reasons to assist DSE with various projects and so on, both officers dismissed this. There was certainly some attitude displayed, especially by the younger officer.

I raise several concerns. This lengthy conversation rang very true to ----, especially when he obtained the names AND PHONE NUMBERS of both officers who operate out of Dawson Street, Brunswick, on the pretext that they may wish to come and address a club meeting, or come along to the Radio Show.

I also spoke with Elizabeth Ashman, who is now back on deck at Daylesford DSE, and she claimed no knowledge of any “official police operation” and that it was probably a “revenue raiser”. She also mentioned that police will book drivers and riders for a range of “environmental degradation offences” and that more and more joint DSE-VicPol operations will be carried out in future. When asked what an example of an “environmental degradation offence” might be, she stated that a four wheel drive vehicle “bogged to the door sills” would be an offence. Needless to say, we had an interesting conversation about such an offence – especially since it was one of the offences the police were looking for on Sunday.

Elizabeth also happened to mention in passing that “many old logging tracks which don’t appear on our maps, should have been closed long ago.” She also said that being on such a track could be deemed to be an environmental offence. This really concerned me, because I interpreted that to mean that the DSE will probably press forward with a new kind of track closure agenda.

Concerns:

If these officers are speaking truly (and there was no reason to doubt them after such a long conversation), what are the DSE playing at?

What value is the MOU that they have signed? This is duplicitous behaviour in what they insist is a serious relationship!

I believe this to be another tactic of the DSE to muddy the water and prevent outcomes for motorised recreation in state forests. This action, apparently initiated by them, brings a new perspective to the Tracks Classification program (which they have always opposed, if not blatantly, certainly in a passive aggressive manner) which is now State Government policy. How does this work on a double black diamond track where police officers would waiting?

What “offence” is being committed under the Victorian Road Rules? What offence is actually being committed in the eyes of the DSE?

How are the various EPA and DSE or PV acts to be interpreted? At present, given my conversation with Elizabeth Ashman, there are very, very broad rules of interpretation and upon issuance of a fine the onus is then back in a driver to prove their case. This is morally wrong.

The apparent new DSE track closure agenda.

This is troubling intelligence, to say the least. Do we know how to find out how many 4WD owners have been issued infringement notices for these kinds of things?

Regards to all, and will see most of you at tonight’s meeting.

--------------------------------------------

[gwagensteve]

Hmmm- very concerning, but this smells a bit fishy to me.

I wonder what the laws actually are in realtion to this? There must have been an act of parliament or a new interpretation of some old laws to bring this into effect? Offences that can attract a fine have to be written up somewhere with a penalty scale attached.

I don't generally like using bypasses around holes as I percieve driving bypasses more environmentally degrading than driving the original hole and keeping it cleaned out.

The obvious soltuion is to not get stuck?

[mightymouse]

Given the reputations of the people taking action, the level this has got to and the firsthand discussions with 4WD Vic board last night - I think you can assume the problem is genuine. If you are refering to the interpretation being suspect, I agree and thats the whole problem.

When questioned about the legalities of the bookings - the police responded that they rely on DSE for guidance on interpretation of the relevant acts. So this is a problem - suspect advice from DSE to the Police results in this sort of stupidity.

[sierrajim]

I've just spoken with Andy at Gembrook.

If you are on a designated track, on a Parks Vic map and in a bog hole YOU CAN NOT BE BOOKED.

If you're on a closed track, in a bog hole on the side of a road, taking a poser shot in a drain etc etc YOU WILL BE BOOKED

I'm seeking a letter from Parks to back this up, in the fear that people will begin to clear chicken tracks around bog holes further complicating the issue.

[billbarbas]

This is blatant scaremongering from DSE and the police. It is aimed more at the bikers than us. I have a meeting with the association tommorrow, I will find out the latest.

[mightymouse]

Association has asked for a formal "please explain" from DSE and will feed back results when they are available.