By BEN CAMERON
AN Australian Rally Car champion has slammed Cardinia Shire Council laws making it illegal for landowners to drive a recreational vehicle on their property without a permit.
Council is currently reviewing how permits are assessed following public consultation late last year.
The Gazette revealed changes were proposed to limit “distress” of residents.
A “recreational vehicle” is defined as any mini bike, trail bike, motor scooter, go-cart or other vehicle propelled by a motor which is used for recreational purposes, but does not include a recreational vehicle whilst engaged in legitimate farming activities
Berwick’s Justin Dowel said he had been forced to practice on a friend’s property in Mansfield to prepare for the opening round of the Australian Rally Championships on 21 March.
“I’m like a footballer, if you don’t train you don’t go anywhere,” he said.
“It’s my occupation, my job.”
The three time Victorian Rally Champion said the new laws were flawed and could not allow him to practice on his 1.4km track.
He claims the nearest neighbour lives approximately 700m away from the track.
“It’s a blatant abuse of civil liberties and our rights,” he said.
“It’s ridiculous. We need to stand up and tell council ‘you have got this wrong’.
“There was no negotiation… they are not operating in our best interests.”
He said he hadn’t been able to practice at his Dewhurt property since his permit application was rejected 18 months ago.
“They advised us that we did not qualify for a permit last time because we were not a full time resident.
“(I am) currently seeking legal advice to challenge it in the courts.
“They have failed completely to address the real issue here and that is that I can drive my road registered car in any state forest, national park or road within Australia yet Cardinia Shire Council have advised me I cannot drive it on my own property.”
However in a letter from council Mr Dowell was told a road registered vehicles cannot be used for a recreational use on private land without a permit.
“Regardless of the registration status of a vehicle, if a road registered vehicle is being used for a recreational use then it would meet the definition of a ‘recreational vehicle’,” he wrote.
“You will not be permitted to use vehicles on your property for recreational purposes, unless a permit is issued for that purpose.”
Council Coordinator Compliance Services Shannon Maynard said Mr Dowel’s application for a permit was refused due to the impact in an area of environmental significance and on the amenity of nearby residents.
“Applicants for a permit do not need to be a full time resident of Cardinia Shire,” he said.
“No further applications have been received by the applicant since 2013.”
