The Rustic off-Road Rally is a small, volunteer run, not-for-profit recreational social ride for up to 30 licenced riders on registered classic and historic motorcycles at least 30 years old. The Rally takes place on one day each year and follows a course through the Jarrahwood state forest on unsealed roads that are permanently open to and used by the public throughout the year without restriction. The Department of Biodiversity, Conservation and Attractions (DBCA) is responsible for managing and maintaining these roads.
The Rally was established in 2022 and DBCA advised that their approval was not required because it was held on public roads. But in 2024 DBCA changed their advice and claimed that the Rally now required their approval and that DBCA be indemnified from liability arising from the Rally on the unfounded basis that:
- It utilised unauthorised signage – Even though no signs are required.
- It is a car rally involving a navigation exercise and is a race involving vehicles – Even though there
are no cars involved, it is not a navigation exercise, and it is not a race. - It is a race involving vessels – Even though there are no vessels (“boats”!) involved and it is not a race.
It was demonstrated to DBCA that none of these random reasons were applicable.
DBCA then changed their advice and instead claimed that the Rally required their Lawful Authority approval and that DBCA be indemnified from liability because some of the roads used for the Rally were not actually public roads, even though they are permanently open to and used by the public without DBCA approval or any other restriction (i.e. no signs, gates, fencing etc. and some are publicly signed).
It is understood that legislated definitions of “road” and “public road” exist which indicate that the Rally and the public can use these roads without DBCA approval. Yet, despite many written requests, DBCA has not acknowledged their existence or been willing to state how these definitions apply to the Rally.
This has created significant unmanageable uncertainty for the volunteer event organisers and participants in terms of their potential liability, legal position and insurance validity and therefore the Rally, which was scheduled for Saturday 3rd October 2026, has had to be cancelled.
Volunteer run local events and the economic benefits that they bring are extremely valuable to small regional towns such as Capel, but the impact of this unnecessary uncertainty has completely overridden the community, recreational, volunteering and economic benefits of the Rally.
You can assist by communicating any concerns or support to:
– Hon Ms Jodie Hanns, Member for Collie Preston, Tel: 9734 2073, E: Jodie.Hanns@mp.wa.gov.au
– Hon Don Punch, Minister for South West, Tel: 9791 3636, E: bunbury@mp.wa.gov.au
– Hon Matthew Swinbourn, Minister for the Environment, Tel: 6552 6800,
E: Minister.Swinbourn@dpc.wa.gov.au
Thank you
The Office Holders of the Ironstone Adventure Riding Club.