SCA Submission - get access to good lands!

[raintonr]

Greetings!

This has been hidden away, I only found out about it yesterday:

http://www.sca.nsw.gov.au/home/side...ey-water-catchment-management-regulation-2008

Basically, the SCA are reviewing their regulation.

This is important to riders because there's loads of great SCA land near Sydney and as it stands riding is not allowed on this. If you'd like to help riders gain access to these areas please (pretty please, please, pleeeeeeease!!!!) send a submission in asking that they allow that.

The document at the link above is long and boring, read it and write your own submission if you have time, or simply cut paste mine below (add your name & address of course) and email to regulations@sca.nsw.gov.au

Cheers,

Rob

--- snip ---
May 27 2008

Dear Sir/Madam,

I am writing to you with comments on the document titled "Public consultation draft - Sydney Water Catchment Management Regulation 2008". The version I write on was displayed on your website at the following address:

http://www.sca.nsw.gov.au/home/side...ey-water-catchment-management-regulation-2008

As a keen user of national parks and reserves and other wilderness areas I would like to thank you for the chance to comment on your regulations which affect access to similar areas.

It is my understanding that the lands discussed hold many opportunities for outdoor activities, and much of the land is in close proximity to Sydney meaning that a large user base could make excellent use of these areas with relative ease.

Although I enjoy bush walking, cycling is my main passion, off road or mountain bike riding in particular. I am not alone here. Did you know for instance that the Cycling Promotion Fund states, "... a record 1.47 million bicycles sold in 2007... Cycling has become the 4th most popular physical activity with more than 1.6 million Australian adults cycling in 2006, an increase of 17% from 2001.". Further more, Retail Cycle Traders Australia statistics show that 1998-2005 70% of all bike sales were mountain bikes, and 60% of all bike sales were for adult bikes.

Many would argue it is very important with a population with a growing sedentary lifestyle and the health problems this brings to encourage activity in young and old alike. Coupled with the need for more environmentally sustainable (non-motorised) recreation close to large urban centres you are in a unique situation to give many the opportunity to enjoy large areas of wonderful wilderness.

Sadly though I note that users such as myself who may wish to visit and cycle in schedule 1 & 2 lands are excluded by clause 23.1.a (one must not ride any vehicle) in conjunction with 3.1.c which defines a vehicle in a way which would seem to include a bicycle.

While I agree that motor vehicles which carry large quantities of fuel, lubricants and other potentially dangerous fluids should be excluded I cannot see how a bicycle could pose the same risks. In addition, many studies have concluded that on a well maintained track, path or road the riding of a bicycle has the same or even less impact on the surface as a walker following the same path.

For the above reasons I would like to ask that you change the wording of your regulation to allow the riding of bicycles in these lands. I would image this would best be done by excluding the technical definition of a bike (a pedal-driven, human-powered vehicle with two wheels attached to a frame, one behind the other) from your definition of a vehicle.

Further more, given the second point I raise above about rider and walker impact on trails I don't see any reason why the riding of bicycles should not be allowed where ever other access (such as bush walking) is granted and ask that you make that change.

Again, let me thank you for this opportunity to comment and hope you take up these suggestions in the final regulation.

Regards,
--- snip ---
​

 

[thecat]

Come on people these areas contain some fantastic riding opportunities yet silly wording has us lumped in with motorised transport, FFS you are allowed to canoe in the river but you cant ride along the bank?

Anyway get writing and submit away.

 

[Trevor_S]

We just ran our recent 8 hour even and have access to the catchment of the Ross Dam

in Townsville. So there is a precedent (if they carry on about no one else in Aus. doing it), we have a 10 year access permit at the moment.

8 Hour Ross Dam Race Pics

Anyone who is serious about drafting something up to gain official access at a club level (thats the only way they would let us in, so they can "regulate it"), let me know, I will pass on the contact details of the local Dam Environmental Manager (he is a MTB rider as well, so that helped !) whom got it all up and running here with a massive effort. Trail networks are of course built to IMBA standards.

and pics of a social Dam ride

 

[Dumbellina]

Greetings!

This has been hidden away, I only found out about it yesterday:

http://www.sca.nsw.gov.au/home/side...ey-water-catchment-management-regulation-2008

Hidden away is the truth. The SCA announced it on 2 May with no notice, publicity or anything. But there has been much happening since then. I post the following for background and to help in the preparation of submissions.

This appeared in the Wild Horizon's 29 Feb Newsletter

IMPORTANT!! - SYDNEY CATCHMENT AUTHORITY -
REVIEW OF GENERAL REGULATIONS
Many riders in Sydney and surrounds will be aware of the
somewhat bizarre regulations that prevent cycling in huge
tracts of country managed by the Sydney Catchment Authority
(SCA). This includes cycling on wide dirt roads that carry trucks
and 4WD's. An excellent article on this topic by Anthony Seiver
can be found in the current issue of Mountain Biking Australia.
Well finally (it has been 'going to happen' for some years now)
the SCA are about to call for submissions to a Review of the
General Regulations. It is these regulations that control
recreational activities. So if you have an interest in access for
cycling (or walking) then please, please put in a submission. The
review will be advertised by the SCA in major and local papers
and on their website www.sca.nsw.gov.au

MTBA website has had this on it for a little while:

Lobbying efforts result in review of existing MTB access restrictions on Sydney Water Catchment land
Following a recent article in an Australian Mountain Biking magazine and years of consistent lobbying from MTB advocates, the Sydney Catchment Authority has announced a review of the General Regulation that prohibits MTB access to the vast slab of catchment land between the Southern Highlands, Illawarra, and Southern Sydney. Under current laws MTB'rs can be (and have been) fined for riding in areas where swimming, kayaking and other passive recreational pursuits are permitted. This current regulation, which deals with mountain biking in the same light as riding motorbikes, has had the effect of closing off vast areas of exceptional riding opportunities on the city’s fringe - just where they are needed most.

Realising the importance of securing access to this ‘front-country’ for cycling (especially as more and more space is consumed by housing developments or national parks) local trail advocates from the Sydney area are developing a submission for the Review. If you would like to have an input into the policy considerations for the Regulation (helping to justify cycling in catchment areas, and advocating for a set of criteria that permits cycling on the land) then email your ideas, input and/or comments to either Anthony Seiver or Martin Geliot . If you have any thoughts about particular areas or trails that should be open to cycling then Anthony and Martin also want to hear from you. You can download a copy of the review details from the SCA website
.
If you are keen to be able to enjoy off-road riding in the Sydney area then get your voice heard – the great progress so far has been achieved through ongoing lobbying and campaigning, and by speaking up as part of a larger group we can often move mountains.

A ONCE IN A DECADE CHANCE TO OBTAIN BETTER CYCLING ACCESS TO SYDNEY CATCHMENT AUTHORITY MANAGED LANDS.
Wednesday, May 28, 2008
The Sydney Catchment Authority (SCA) is carrying out a review of its General Regulations, the rules that govern what can and can't be done in the huge tracts of land they manage or jointly manage to protect Sydney's water supply. This is a once in a decade opportunity to argue for cycling access to roads and management trails that is currently banned. Whilst over the years the cycling community had been promised consultation on the new regulations, the SCA has drafted new regulations without prior consultation and then made these available on May 2 for public comment. The Draft Regulations are even more draconian than the ones they replace and it is vitally important that any riders with an interest in riding classic routes such as Katoomba to Mittagong, make submission on these regulations. A joint submission has been prepared by MTBA and Bicycle NSW and this can be downloaded below. You can also read the Draft Sydney Water Catchment Management Regulation 2008 and associated Regulatory Impact Statement here

Whilst a date of 30 May 2008 is given for Submissions an extension of one week has been given. So please make submission to regulations@sca.nsw.gov.au by close of business on 6 June 2008.

For any further information contact Huw Kingston - who is acting as MTBA's point of contact for this advocacy effort - email huwatwildhorizonsdotcomdotau

We (Martin, Huw Kingston and I) have been beavering away since 2 May when the Reg review was announced. But the lobbying of the SCA dates back long before that. Anyway a joint submission by MTBA, NSWMTB and BicycleNSW is to be submitted by the due date [Note: I can't post now because not all organisations have approved it]. (Also the SCA said they will accept MTB submissions up to 6 June, after some arm-twisting)

The Townsville example has been cited in the submission, as a good example.

The latest info and the submission will appear on the MTBA website , BicycleNSW website, and NSWMTB site.

 

[chips_with_everything]

MTBA submission gone in

http://www.mtba.asn.au/cms/uploads/trails/mtba nswmtb sca review submission.pdf

http://www.mtba.asn.au/trails

 

[sammydog]

Great work from Martin, Huw Kingston and Anthony.

With anyluck we all get something out of the bucketloads of work they have thrown into this.

 

[Macr]

I have sent an e-mail in. It is not as flash as the MTBA / NSWMTB submission, but the more the better.

 

[Dumbellina]

BicycleNSW has made a submission the catchment regulation review. So get your sub writing pens active and remember 6 June is the deadline.

The rules that govern!
The Sydney Catchment Authority (SCA) is carrying out a review of its General Regulations, the rules that govern what can and can't be done in the huge tracts of land they manage or jointly manage to protect Sydney's water supply. This is a once in a decade opportunity to achieve bike access to roads and management trails, much of which is currently banned. Mountain Bike Australia and NSW Mountain Biking have done a fabulous job in bringing together at very short notice a joint submission in response and this is on their website click here . For details of the draft plan click here . Whilst a date of 30 May 2008 is given as the deadline, we understand there is as much as one week’s grace so we encourage those interested to make a submission by close of business on 6 June 2008. This can be done via email.



Bicycle NSW has made a very short submission in support of the Mountain Biking groups and this is on our website click here

 

[chips_with_everything]

How they use our submissions

It's worth noting how the process will work.


The SCA will prepare a report, tracking how many submissions raised each issue. This report will go to the Hon Nathan Rees MP, Minister for Water.


So it is critically important to get the main issue of the importance of permitting of cycling on maintained vehicular management tracks in catchment special areas stated by as many people as possible.

If you only have a minute for the task then please do email a one liner to that effect to:
regulations@sca.nsw.gov.au

cc-ing it to toongabbie@parliament.nsw.gov.au would be nice too. This is because we will very likely meet the Minister on the subject this week, and it would be very very good if he understands that there are a lot of submissions even before he gets his report.

Be polite pse- we don't want to be seen as ratbags- but we do wish to be treated as significant and strong.

 

[Dumbellina]

Remember the submissions close tomorrow (6 June), get them in if you're thinking of submitting something.

Here is the Exec Summary from the MTBA and NSWMTB Submission (cut and paste, quote, cite, if necessary)

While we agree with the recommended choice of option (3) offered in the
Regulatory Impact Statement and recognise the need for regulation of
catchment: the proposed changes ignore the substantial social impact to
communities living in and around the catchment and, in so doing, harms rather
than improves attitudes to catchment regulation. We have a big issue with the content of the General Regulation itself, rather than the need for it.
The SCA has failed to adequately establish the social impact of exclusion, largely ignores benefits of managed access and has not shown with any rigour in concluding that self-reliant low-impact recreational activities have an actual and measurable negative effect on water quality and the natural environment of the catchment. In short, the precautionary principle is being used to justify an otherwise unjustifiable form of regulation. Furthermore, the commercialisation of water supply has placed profit and commodity security before the public good of catchment regulation that provides a range of benefits to local communities.

In particular the proposed new regulation dramatically worsens the regulation,
rather than improving on the already unreasonable and absurd restrictions on
self-reliant low-impact recreational activity in catchment special areas. Largely because exclusion and big fines are cheap and expedient for the SCA, rather than regulating recreation in proportion to the actual risk it poses to water quality and the natural environment of the catchment, an extreme exclusion policy has been adopted.

The regulation severely limits bushwalking, running and cycling in over two
thousand square kilometres of land which are mostly public conservation estate, National Parks and Wilderness Areas. Both the National Parks and Wildlife Act 1974 and the Wilderness Act 1987 recognise the compatibility of nature conservation with self-reliant low-impact recreational activities. The Sydney Water Catchment Management Act 1998 does not. It is important that Regulations made under the Sydney Water Catchment Management Act 1998 attempt to accommodate reliant low-impact recreational activities where
reasonable and practical.

The restrictions are absurd since the impact of walking, running and cycling is
claimed to impact water quality on account of erosion and sedimentation - yet these tracks are driven on by four-wheel–drive vehicles and trucks and are routinely bulldozed and graded with little or nothing done to prevent
sedimentation. We contend that by comparison with management activity the
impact of self reliant recreational use is negligible. Especially since much of the land is remote and visitation rates would be fairly low.

We seek to improve the regulation by:
● Adding to the existing corridors in Schedule 1 lands so that classic routes
which have short segments within the prohibited area (out of a very long
total distance) may be used legally. Examples are Blackheath to Mittagong
via Yerranderie and Fowler's Flat, also Blackheath to Wentworth Falls via
Hayes Crossing and Kedumba Farm.
● Permitting touring cycling on maintained management vehicle tracks within
Schedule 1 and Schedule 2 areas which are open to running and walking.
● Removing the offence for disobeying signs since the Sydney Catchment
Authority erects signs outside of the gazetted Special Area boundaries and
has been known to place them in the wrong location.
● Removing the power to confiscate bicycles since this would be excessive.
People need to carry or push their bicycles on tracks that may not be
ridden, for example bikes may be used to get to a bushwalk and it is not
possible to lock the bike up at the trailhead because, for instance, the walk
is not a loop.
● Reducing fines and the severity of the penalty provisions so that they are
reasonable and proportionate to the objective criminality of the act and the
actual or potential harm to the catchment.
● Allowing DECC equal authority with the SCA in jointly managed lands. This
would help make user management practices more consistent within the
conservation estate.
● There is no justification for the restrictions on walking, running and cycling
in the Woodford Special Area since the water catchment and its
infrastructure have been disused for many years.

 

[Dumbellina]

Catchments may get legal MTB

SYDNEY’S CATCHMENT AREAS UNDER REVIEW

The Iemma Government is considering a proposal to open up parts of Sydney’s restricted catchment area to recreational mountain bikers, NSW Minister for Water, Nathan Rees announced today.

Minister Rees asked the Sydney Catchment Authority (SCA) to consider recent requests for access to Sydney Catchment land for recreational purposes and well as announcing an increase in fines for those caught engaging in illegal activity in the catchment.

“During the public exhibition of the Sydney Water Catchment Management Regulation 2008, a number of requests were made for access to restricted Sydney Catchment land for recreational purposes,” Mr Rees said.

“It is important to recognise that by encouraging people to visit our national parks, we are using one of the best tools we have to teach people about the importance of conservation.”

The Special Areas comprise more than 370,000 hectares of land surrounding water storages much of which is National Park.

“The Special Areas play an important role in protecting our water supply by acting as a buffer zone to development and help stop nutrients and other substances that could affect the quality of water entering the storages,” Mr Rees said.

“I have requested SCA review the mountain bike riders’ proposed routes and explore options that allow appropriate access for recreational riders, without impacting on our water quality.

“Our number one priority is the protection of Sydney’s drinking water, so any review would need to ensure appropriate controls and regulations to protect water quality are always the first and foremost consideration.”

Alex Unwin, Chief Executive of Bicycle NSW, welcomed the review.

“This is a great step towards developing appropriately regulated bicycle access to certain areas of the catchment, balancing community demand for recreational use of the lands with the need to safeguard the water supply for all users,” said Mr Unwin.

The move towards more sensible access to Sydney Catchment land follows the formal gazzettal of the new Sydney Water Catchment Regulation 2008.

“We are dedicated to ensuring those who use our Special Areas do so without impacting on the security and sustainability of the water supply and have introduced higher fines for people caught engaged in illegal activity in the catchment,” Mr Rees said.

“Fines can be issued for dumping waste, or for trespassing in Special Areas where all access is currently prohibited.

“While a large majority of people who access Sydney Catchment land respect the rules, those who ignore the law can face tough penalties.

“By increasing the maximum fines for illegal activity we are sending a strong message - interfering with the health of our water supply will not be tolerated.”

The maximum on the spot penalties for illegal activity in Special and Controlled Areas will increase to $750 for individuals and to $1,500 for corporations. The maximum court fines will also increase to $22,000 for individuals and $44,000 for corporations.

In 2007/8 there were 48 fines or pollution notices issued for illegal activity in the Special Areas, in addition to 31 warning letters.

The review of access options will involve extensive consultation with the Department of Environment and Climate Change, the Department of Health, a range of special interest groups and bodies, and the general public.

 

[thecat]

Just got the following reply.

At least they are considering MTB access

The SCA has been requested to review proposed routes for recreational mountain biking to access whether there are options to allow appropriate access for recreational riders, with out impacting on water quality.

 

[chips_with_everything]

Good one Flynny!

Interesting that the SCA are happy to confirm that the inclusion of bicycles as 'vehicles' is on account of the definition in the Road Transport (General) Act 2005.

In other words their regulation excluding bicycle riding from Schedule 2 is not to do with water quality, it is traffic regulation. I think we can do something with that!
Cue sound of door opening...

If anyone reading this has been fined for cycling in Schedule 2 lands and wants to challenge their fine: I think you might want to point this out to the magistrate, and argue for a fine consistent with it being a very trivial traffic matter. Please please let us know if you do.


As an aside... prodding SCA and the Minister's office regarding honouring their media release continues behind the scenes. A few polite reminder letters addressed to the Minister for Water wouldn't hurt.