Monday, Apr 05, 2010 at 19:17
NicnPete
Recently at
Tamworth some light has been shed on the legality or otherwise of roadside
camping in NSW. The council business paper for the ordinary meeting of 23.3.10 is informative. In relation to item 7.5 re
Bendemeer Camping I quote two extracts.
It was an interesting case, the
camping at
Bendemeer, and it turned out, after investigation, the law was quite favourable for travellers resting overnight.
I am quoting it because paraphrasing or condensing inevitably changes the meaning.
"SUMMARY
The purpose of this report is to review the trial of the development of the
Bendemeer Recreation Ground as a designated
camping area. The trial was undertaken pursuant to a conditional development consent. The observations made during the trial suggest that significant resources would be required to develop the
Bendemeer Recreation Ground as a designated
camping area particularly in relation to achieving compliance with development consent conditions. It is not recommended that Council proceed with the development of a designated
camping area. Road users currently have a right of access to the area under the Roads Act 1993, which would include the freedom to stop overnight, and it is not recommended that Council attempt to restrict this public access as this would require a similar level of resourcing as the proposed development of a designated
camping ground."
and a bit later
"As the area is a “road related area” for the purposes of the Roads Act 1993, members of the public have the right to enter the area and
park their vehicles pursuant to the same rights and restrictions which apply to stopping in a road side area along any public road.
While ever the area is a road related area, the Local Government Act 1993 provides that Council “must not prohibit or regulate the taking of a vehicle into, or the driving,
parking or use of any vehicle” in the area.
If Council resolves not to develop the area as a designated
camping ground, it should also consider whether to restrict the freedom of road users to stop in the area overnight. There are two options to restrict this use which are:
a) restrict vehicle access to the area, which means it would no longer be a road related area under the Roads Act 1993;
b) introduce
parking restrictions which prohibit overnight stopping in the area.
Restricting vehicle access to the area is considered impractical and would unreasonably interfere with the other recreational uses of the area.
Introducing
parking restrictions would also require enforcement resources similar to those required to achieve compliance with development consent conditions.
It is therefore recommended that Council does not take action to restrict the existing vehicle access to the
Bendemeer Recreation Ground or introduce
parking restrictions within the public area.
Should a member of the public decide to utilise the area for an extended period and it is obvious that they are not using the area for road related purposes (eg. if they pitched a tent and camped on site for several days) then Council would be obliged to ask them to move on, similarly as Council would do if a member of the public decided to
camp for an extended period on the banks of the Peel River in
Tamworth (outside the Country Music Festival period)."
End of quotes of the business paper
So it appears to me if is a "road related area" and it has not been blocked off (if blocked off - no longer road related) or had no
camping signs put up travellers can rest at "road related areas" overnight. As noted in the business paper that does not entitle people to
camp for "several days".
Flynnie
AnswerID:
411730