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Welcome visitors to Tuross Head
(Wicked,Jucy,Maui,Apollo,Kea and Grey Nomads )


It is possible to free camp in Tuross however
don't be obvious as it is not "permitted" *

If a Council ranger does come along and you are obviously camping then they will ask you to move on.

Council Rangers have a job to do for a very good reason - there are campers, less responsible than you, who want to do more than just camp for a sleep.

Many places where you might camp don't have rubbish bins anymore, because people are expected to take their rubbish with them.

It's all about making sure the beautiful places stay beautiful, and not abused by the brainless who unfortunately live among all of us the world over.

We know that you agree and understand :) .. so welcome

 

The places in Tuross that you might like to look at are :

 

1. Lavender Bay

This location is sheltered under a hill and by the lake with a low traffic laneway running along the shore.

Above is a new modern toilet and just 100m is free electric bbqs.

This is a very quiet location however locals do use it to walk through of a morning and to sometimes park there to fish at night .

Warning: there are trees here with overhanging branches - branches can fall
(like everywhere in a forest) Don't park under trees.

Caution: advised NOT to stay here if there is strong wind

Generally this is a good place to stay and a good area to be if there are E, NE and NW winds blowing as it is sheltered - it is however exposed to winds from the South.

This site does have a "NO Camping or Overnight Stay" sign however see below * for info that clarifies that you might actually be able to legally sleep in your car

If you park up by the Boatramp there is an all night street light .


Local Government Act 1993 (NSW) - 632 Acting contrary to notices erected by councils

(1) A person who, in a public place within the area of a council, fails to comply with the terms of a notice erected by the council is guilty of an offence.

(2A) However, a notice:

(b) must not, except as provided by subsection (2B - parking of a vehicle, for the purpose of offering the vehicle for sale), prohibit or regulate the taking of a vehicle into, or the driving, parking or use of any vehicle in, any public place that is a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013

 

2. One Tree Carpark

This carpark is used a lot by locals all day and is exposed at night with a big spotlight so it is hard to hide here however if you do so in the NON Tourism months and NOT on a weekend it should be fine for a night.

You will see a little area in the corner of the carpark near the cycleway where it is less obvious that you are there - this little spot is also in the shadow of the spotlight - some people also chose to park overnight on the lower carpark just next to the sea.

It is advised NOT to park on the lower carpark if there is a storm coming as the waves can make it very wet with salt spray.

Just nearby by is a free BBQ

The public toilet is about 200m away - follow the path from the carpark behind the beach and you will find the toilet block beside another carparking area #4 at the back of the sand dunes. There is also another toilet near the town shops adjacent to the petrol station.

Council is prevented by the Local Government Act 1993 (NSW) from prohibiting vehicles being used as overnight accommodation in streets and car parks (see below)

 

4. Caravan Park Beach Carpark

 

This carpark is at the back of the main beach and just beside the caravan park.

To find it follow the road at the top of the caravan park and then you will see it forks down to the beach car park.

There is no view from here but it is sheltered from the winds and is very rarely used at night.

Park as close as you can to the caravan park rail fence so that you are out of the way and even if someone comes by at night they might think you are connected to the caravan park.
There is a basic toilet here but no free electric BBQ so you might have to cook elsewhere and then drive here to sleep.

 

3. Kyla Oval

 

Here you will find a carpark next to free electric bbqs. It is more open here but for one night you should be fine. There is a toilet nearby.

The area is a little windy if there are strong winds from the W, N or E but if you have a look about you will find somewhere out of the wind.

This site does not have a "NO Camping" sign however see below for info that clarifies that you can legally sleep in your car - whilst it is not a public road it is a public space

In Ryan v Nominal Defendant [2005] NSWCA 59 the court dealt with the meaning of open to or used by the public as contained in the definition of road related area. The court referred to various cases and relied on them to say;

“The words “open to or used by the public” are apt to describe a factual condition consisting in any real use of the place by the public as the public (read more)

 

The Local Tuross shop carpark

Note that the carpark at the local shops is Privately owned
and because of this Council can not move you on from here - the police will only act if there is a report of trespass so just go to sleep and be as less obvious as possible - and please respect that it is private property so leave nothing but your footprints.

 

If you choose to free camp in Tuross please:

  • show respect for our town
  • stay one night to let someone else have a turn
  • keep a low profile so that rangers and locals don't notice you
  • be aware that you might be fined by a Council ranger under Sect 632 of the
    Local Goverment Act

    LOCAL GOVERNMENT ACT 1993 - SECT 632
    Acting contrary to notices erected by councils 632 Acting contrary to notices erected by councils

    (1) A person who, in a public place within the area of a council, fails to comply with the terms
    of a notice erected by the council
    is guilty of an offence.

    Maximum penalty: 10 penalty units. ($1100)

    (2) The terms of any such notice may relate to any one or more of the following:
    (a) the payment of a fee for entry to or the use of the place,
    (b) the taking of a vehicle into the place,
    (b1) the driving, parking or use of a vehicle in the place,
    ( see below * for info that offers that you can legally sleep in your car should you be issue a Notice )
    (c) the taking of any animal or thing into the place,
    (d) the use of any animal or thing in the place,
    (e) the doing of any thing in the place,
    (f) the use of the place or any part of the place.

 

 

 

There are many many places to stay for a day or two free on the south coast but they are not adjacent to beautiful seaside views.

If you wish to enjoy Tuross during the day and then park legally for the night
then you will find the closest free camp
:

The South Bodalla Park Forest Rest Area about 15km from Tuross highway turn off at the (8 mins south of Bodalla - left hand side of highway)

It has toilets and fireplaces as well as allowing dogs

 

The North: Waldrons Swamp Rest Area is a very handy free overnight rest area between Batemans Bay and Moruya (approx 20 mins north of Tuross highway turnoff) . There are accessible toilets as well as fire places and there is always a friendly bunch of nomads stopping here overnight, as it is a popular spot.

Plenty of room for any size rig with some grassy area and plenty of shade. Close to the highway so there is some traffic noise, but you can get a spot at the back if you are early enough.

It has toilets and fireplaces as well as allowing dogs

 

There are many opportunities to camp along the way north and south - you might also look at this link as well for a locals guide to the coast between Wollongong and Orbost and also this link

 

If you do still wish to camp in Tuross please limit your stay to one night and possibly consider staying further nights in one of our caravan parks listed below.

There are two caravan parks in Tuross Head

Tuross Beach Holiday Park

Rates

 

Tuross Lakeside Tourist Park

Rates

 

 

Public Dump Points - The Eurobodalla Shire has two public dump points located at
Shore Street, Moruya and in Batemans Bay.

You can find all the Dump Points along the coast at this map

* Where you stand legally if you sleep in your car in a public road area or public carpark

 

Section 632 of the Local Government Act is in the following terms:
632 Acting contrary to notices erected by councils
(1) A person who, in a public place within the area of a council, fails to comply with the
terms of a notice erected by the council is guilty of an offence.
Maximum penalty: 10 penalty units.

(2A) However, a notice:

(b) must not prohibit or regulate the taking of a vehicle into, or the driving, parking or use of any vehicle in, any public place that is a road or road related area within the meaning of the Road Transport (General) Act 2013

Road or road related area is defined in the Road Transport (General) Act 2005 as being:
“ ‘road’ means an area that is open to or used by the public and is developed for, or
has as one of its main uses, the driving or riding of motor vehicles”
and
“road related area" means:

(a) an area that divides a road, or
(b) a footpath or nature strip adjacent to a road, or
(c) an area that is open to the public and is designated for use by cyclists or animals, or
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or
(e) a shoulder of a road, or
(f) any other area that is open to or used by the public and that has been declared under section 18 to be an area to which specified provisions of this Act or the statutory rules apply.

The question is what does “use” mean in the context of “use of any vehicle”?”

Consider the interpretation of the word “use” when linked to “motor vehicle” and whether “use” is limited to traffic use.

In State Government Insurance Commission v Stevens Brothers Pty Ltd and Another -
(1984) 52ALR 441 the High Court said (although in a different context)

“….in choosing the expression ‘the use of the motor vehicle’ as the basis for the requirement of a policy of insurance and for the delimitation of the area of the indemnity to be obtained, the Act indicates an intention to cover a very wide field, a field more extensive than what might be called the traffic use of the motor vehicle.”

The fact that the use of a vehicle is more expansive than merely a traffic use it confirms the conclusion that, while section 632 of the Local Government Act empowers Council to regulate the doing of anything in a public place, that power is not entirely unfettered.

Any notice erected by Council must not prohibit or regulate the parking or use of any vehicle in a public place that is a Road or Road related area.

The powers presently available to Council appear to be:
1. Council can regulate camping in public places via Section 632 of the Local Government Act.
2. However, Council cannot “prohibit or regulate the taking of a vehicle into, or the driving, parking or use of any vehicle in, any public place that is a road or road related area within the meaning of the Road Transport
(General) Act 2013” pursuant to s632(2A)(b) of the Local Government Act 1993.
3. Therefore, no power exists to enable Council to regulate, via the provisions of the Local Government Act,
camping in motor vehicles on public roads, footpaths, nature strips adjacent to roads or car parking areas etc. on the basis that it falls within the meaning of ‘use of any vehicle’ in Section 632(2A)(b)---if they are road related areas.

4. Council does have powers to regulate motor vehicle parking under the Roads Act 1993 and related traffic legislation, through parking signage limiting the hours during which parking (even if not sleeping in vehicle) is permitted.

Therefore if a vehicle is legally parked on a road related area and there is a person/s sleeping in it the occupant/s should not be disturbed unless there is another offence being committed or there is a reasonable concern for the welfare of the occupant/s.

More discussion here