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free camping laws

Submitted: Tuesday, Nov 11, 2008 at 20:30

JAG6670

Hi all,
a question about free camping. where can and can't you stop overnight? obviously if signs are u saying no camping or overnight then that's a given. but if you find a spot you like, are you likely to get a knock on the window from PC plod or Ranger Smith? and a fine? anyone had this experience?
ta!

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AnswerID: 334756   Submitted: Tuesday, Nov 11, 2008 at 20:54

Member - Duncs replied:

It won't help answer your question but most of the places I have just pulled over and camped PC Plod and Ranger Smith would rarely if ever visit.

Usually when camping in a spot like that it has been on a transport run, we pull up late and get going early. None of the places I have done this have been particularly beautiful.

Places that I like to camp are all on some form of managed land. Be it a farmers field, a National Park or a town common like tgood manners to seek the puch a case it is simply good manners to seek the permission of the landholder.

I do know it is legal to camp overnight (maybe for a couple of nights) on a stock route. Don't let the pollies sell the long paddock

Duncs
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Reply 1 of 11
FollowupID: 602539   Submitted: Tuesday, Nov 11, 2008 at 20:59

Member - Duncs posted:

Sorry typing blind and way too tired.

"National Park or a town common like tgood manners to seek the puch a case it is simply " should read

National Park or a town common like Innamincka, In such a case it is only good manners to seek the permission of the landholder.

Hope that now makes sense

Duncs
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FollowupID: 602603   Submitted: Wednesday, Nov 12, 2008 at 09:17

Rossco td105 posted:

Got to agree with Duncs,

We've just got back from a trip to the Flinders and found plenty of spots there and back that are 'well' off the highway. No way would a Ranger or Police bother to find us.

All the stations we bush camped at were happy to have us as well (always ask permission). It also excludes bothering other campers with 8 month old baby and two dogs.

Cheers,

Ross.

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AnswerID: 334762   Submitted: Tuesday, Nov 11, 2008 at 21:17

Motherhen replied:

Hi

In this vast and open land you are unlikely to get a knock on the window or door. Places we look for are old gravel pits (ideal), old roads which haven't been blocked off if they are screened from traffic, tracks into unfenced bushland (usually crown land), tracks along rivers and creek lines. I can't say all are legit, but we have only had that knock on the door once. On that occasion, we wanted to camp at Lucky Bay near Esperance for a while, but it was January holidays and the place was packed. The weather was hot, so we drove inland and found a small patch of scrub next to a blue gum plantation to stay overnight. It looked like it was a well camped in spot. Next morning a park ranger came and told us we were in a nature reserve (there were absolutely no signs to indicate this) and that camping was not permitted in a nature reserve. He asked were we staying long. We told him why we had stopped there overnight, and that we were leaving within the next few minutes. He was very pleasant throughout, and did indicate that if bush camping, to stay out of sight. Of course we leave no mess, and have a self contained caravan.

Motherhen

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Reply 2 of 11
AnswerID: 334768   Submitted: Tuesday, Nov 11, 2008 at 21:24

JAG6670 replied:

thanks for the replies so far!
I guess car parks near boat ramps etc. are going to raise attenti0n when travelling and stopping. not real keen about "keeping out of sight" when travelling alone. might have to just pull into a van park to be relatively safe

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Reply 3 of 11
FollowupID: 602560   Submitted: Tuesday, Nov 11, 2008 at 23:04

Motherhen posted:

If you are apprehensive about camping alone - then get out of site, and you will be safe. Make sure you a quite some distance from a town or settlement before bush camping.

Some larger rest areas on major routes are popular, and you will have neighbours - just travellers like yourself.

Get a copy of Camps Australia Wide 4 (it's available from the bookshop here on ExplorOz). This lists legitimate free and low cost campsites and overnight rest areas, although things can change between annual updates, and on rare occasions you may find a no camping sign. We use this to fall back on if we don't find a something by a reasonable hour. Start looking early, so you aren't caught with nowhere to go by dusk.

Once we stopped at a rural community sports ground (no town for miles around), then realised it was Friday night when all the young men came to socialise around an outdoor 'bar'. We thought we might be in for a noisy night. The first person to arrive and set up greeted us and asked if we wanted to connect to their power, and later others asked my husband if he wanted to join them. A very friendly community, who did not disturb our sleep. We felt very safe there.

You can also stop at community halls (where there is just a rural hall and no town) and no-one is likely to object.

Mh
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AnswerID: 334772   Submitted: Tuesday, Nov 11, 2008 at 21:37

equinox replied:

Here's Part 11 Section 2 of the Caravan Parks and Camping Grounds Regulations 1997 in Western Australia:

11. Camping other than at a caravan park or camping ground

(1) A person may camp —

(a) for up to 3 nights in any period of 28 consecutive days on land which he or she owns or has a legal right to occupy, and may camp for longer than 3 nights on such land if he or she has written approval under subregulation (2) and is complying with that approval;

(b) for up to 24 consecutive hours in a caravan or other vehicle on a road side rest area;

(c) for up to 24 consecutive hours in a caravan or other vehicle on a road reserve in an emergency, unless to do so would cause a hazard to other road users or contravene any other written law with respect to the use of the road reserve;

(d) on any land which is —

(i) held by a State instrumentality in freehold or leasehold; or

(ii) dedicated, reserved, or set apart under the Land Administration Act 1997 or any other written law, and placed under the care, control or management of a State instrumentality,

in accordance with the permission of that instrumentality; or

(e) on any unallocated Crown land or unmanaged reserve, in accordance with the permission of the Minister within the meaning of the Land Administration Act 1997, or a person authorised by the Minister to give permission under this paragraph.

(2) Written approval may be given for a person to camp on land referred to in subregulation (1)(a) for a period specified in the approval which is longer than 3 nights —

(a) by the local government of the district where the land is situated, if such approval will not result in the land being camped on for longer than 3 months in any period of 12 months;

(b) by the Minister, if such approval will result in the land being camped on for longer than 3 months in any period of 12 months; or

(c) despite paragraph (b), by the local government of the district where the land is situated —

(i) if such approval will not result in the land being camped on for longer than 12 consecutive months; and

(ii) if the person owns or has a legal right to occupy the land and is to camp in a caravan on the land while a building licence issued to that person in respect of the land is in force.

(3) In this regulation —

building licence means a building licence under section 374 of the Local Government (Miscellaneous Provisions) Act 1960;

emergency means a situation where to move the caravan or other vehicle to a more suitable area would constitute an immediate and serious hazard due to the condition of the caravan or other vehicle, or a vehicle towing the caravan, or of the driver, or passengers, of any such vehicle;

road side rest area means an area designated by a traffic sign erected in accordance with a written law, as an area which may be used for 24 hours for —

(a) resting;

(b) stopping; or

(c) camping,

in a vehicle;

State instrumentality has the same meaning as it has for the purposes of the Land Administration Act 1997;

unallocated Crown land has the same meaning as it has for the purposes of the Land Administration Act 1997;

unmanaged reserve has the same meaning as it has for the purposes of the Land Administration Act 1997.

[Regulation 11 amended in Gazette 16 Jul 1999 p. 3202-4; 25 Aug 2000 p. 4911.]

Full Regs here: Caravan Parks and Camping Grounds Regulations 1997

Act: Caravan Parks and Camping Grounds Act 1995

Cheers



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Reply 4 of 11
FollowupID: 602550   Submitted: Tuesday, Nov 11, 2008 at 21:48

JAG6670 posted:

Crikey! great reply thank you!
if I travel back to WA I will be sure to abide.
Cheers for that

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FollowUp 1 of 3
FollowupID: 602561   Submitted: Tuesday, Nov 11, 2008 at 23:20

Member - Duncan W (WA) posted:

Alan I have 2 copies of the Act & Regs in my office trouble is I only ever read the bits about issuing Bldg Lic. Nature of the job. Me thinks I may car a copy in my glove box as well.
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FollowupID: 602592   Submitted: Wednesday, Nov 12, 2008 at 07:29

Ray posted:

And what about local government "Bi-Laws"? I may be wrong but it is written in the Magna Carter that a traveller my rest in one spot for three days.
One problem in some of the shires in W.A. is that some of the caravan park proprietors are on the local councils and loose money where there is free camping. Also get it in writing and signed if you are given a move on notice, so it is easier to sue the issuer or the issuing authority if you have an accident.
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AnswerID: 334775   Submitted: Tuesday, Nov 11, 2008 at 21:58

Member - Paul Mac (VIC) replied:

G'day Jag,

You will usually find that provided you pull up in a manner not to obstruct other road users you can pull up almost anywhere and camp over night. If you were to get a knock on the window from Mr PC all you need to say is that you deemed it unsafe to continue driving because you were tired/sleepy and you will be moving along in the morning.

It would have to be a pretty hard constable who booked you because you were too tired to continue driving.

Mind you, you wouldn't want to have the deck chair out under the awning sipping on a couple of coldies with the same excuse.....lol

Cheers.
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Reply 5 of 11
FollowupID: 602617   Submitted: Wednesday, Nov 12, 2008 at 11:23

Member - Pesty (SA) posted:

Actually i dont think he could move you on if you are parked legally,
There are signs all over the country that i have travelled and probably plenty more, that insist that you dont drive when tired and similar verse.
Yes the caravan park owners will try, but they all fall short of putting it in writing, and that doesnt mean you have too even if they are stupid enough to do it.
Qeerland tried this stunt a few years ago and then found they couldnt accomodate all the travellers and so were sending people back out onto the roadside.
Dont know if they are still trying it on up there, but i wouldnt be shifted.

Cheers Pesty

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AnswerID: 334819   Submitted: Wednesday, Nov 12, 2008 at 08:19

Member - Footloose replied:

Excellent question. I have "free camped" in a tent and in the car all over Australia for the last 40 years, on and off.
I have only once been moved along by the police, and that was actually my old man's fault to parking in a parking area at night in a strange town. How were we to know that it was the parking area behind the local bank ?
I camped off the road in the middle the bush not far from a town once. Some friendly locals came and asked if I was Ok. They'd seen my lights. But I moved on anyway :)

I am one of the very few who have gotten away with camping in front of the showers/toilets at Yulara camping grounds. Apparently there was a don't camp sign there, didn't I see it ? Mate, I've been driving for a week..I didn't see anything ! After promising to leave in the morning and not tell anyone (heheh), the Ranger left me alone. Later that night a couple of cheeky backpackers set up camp not far away, but I was too busy sleeping to mention it to them.

If you start to look for somewhere to stop in the daylight you won't wake up in the main street after the night fog has cleared.
You will also avoid meat ants nests, trees that drop branches, great sandy spots that turn into raging torrents overnight, and with any luck, noisy neighbours.



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Reply 6 of 11
FollowupID: 602700   Submitted: Wednesday, Nov 12, 2008 at 22:28

disco driver posted:

Hi Mr Footloose,
Your story reminds me of a time many years ago when I went travelling with a few mates in NSW.

Having left the bar of a lovely rural pub fairly late in the evening and in need of somewhere to camp for the night we looked for a likely spot.
We turned into what appeared to be a tree lined rest bay and poured ourselves out of he car and into our swags, no tent or anything. We couldn't have put the tent up even if we had one, if you get my meaning.
After a good few hours sleep we awoke in bright sunlight, had a good look round and discovered that we had camped in the circular drive-way of one of the oldest sheep studs in that part of the state.

A quick pack up and we were off before anyone noticed that we were all in army uniform.
Never heard anything so we presumed that we got away with it.

Disco.
FollowUp 1 of 2
FollowupID: 602725   Submitted: Thursday, Nov 13, 2008 at 08:07

Member - Footloose posted:

Hi Disco, yes I can sorta relate. In my case I hadn't actually imbibed, but long drives can have a similar effect :)

Was on my way very early one morning to take son to airport one time, on the M1 free way. I slowed down in the half light as there was a ute slewed off the road into the parking lane and two guys kinda lying down. Accident thinks I, until son , with better eyes, says gee fellas you could have picked a better place to camp !! I suspect that neither of them were capable of going much further.

In retrospect I sincerely hope that they woke up before the traffic really started flowing !

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Footy Illegitimi non carborundum
FollowUp 2 of 2
AnswerID: 334838   Submitted: Wednesday, Nov 12, 2008 at 10:49

austastar replied:

Cemeteries are a quiet spot out of town that can be used with a bit of care. Usually have water, some times toilets. Not many visitors at night either.
Good for a stop over, but I wouldn't 'set up camp' in one.
cheers
Reply 7 of 11
AnswerID: 334858   Submitted: Wednesday, Nov 12, 2008 at 13:23

Member - lyndon K (SA) replied:

I guess car parks near boat ramps etc. are going to raise attenti0n when travelling and stopping. not real keen about "keeping out of sight" when travelling alone. might have to just pull into a van park to be relatively safe

This depends on the type of rig you have, but i tend to drive quite a long way into the scrub if camping near a road. You don;t want your light to be visable from that road. If you do that you will have no problems, there is nothing in the bush that is going to "hunt" you ! With the excemption of camping to close to water ways in the north :)

Have fun
LK

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Reply 8 of 11
AnswerID: 334880   Submitted: Wednesday, Nov 12, 2008 at 16:10

Member - Tony B (QLD) replied:

Another thing to keep in mind is that some No Camping signs are a bluff. Councils install them sometimes without doing it by the book and so they are not worth the post they are installed on. General rule of thumb from memory is, if the council passes a bylaw, you usually can not camp within 2ks of a designated Caravan Park. Problem is which is legal which is not? You could ask the officer policing the sign for a copy of the bylaw. Cheers Tony
Reply 9 of 11
AnswerID: 334883   Submitted: Wednesday, Nov 12, 2008 at 16:47

Motherhen replied:

Some places (eg sporting venues) actually value having someone camping there if in an area prone to vandalism, as vandals are discouraged.

Motherhen
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Reply 10 of 11
AnswerID: 334900   Submitted: Wednesday, Nov 12, 2008 at 19:44

JAG6670 replied:

this is all good information people, thank you and would love to hear more! (not sure if I like the cemetery idea though) we have a high top landcruiser which stands out like the proverbial. the idea of just finding a spot far off the road sounds good if travelling in convoy with another vehicle. not worried about wild life, just the yobbo element basically

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Reply 11 of 11

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