Backpackers

ENVIRONMENTAL PLANNING AND ASSESSMENT AMENDMENT (ILLEGAL BACKPACKER ACCOMMODATION) BILL

The Hon. IAN COHEN [8.17 p.m.]: I am also pleased to support this bill. As my colleague Lee Rhiannon has said, there are major problems being experienced with illegal backpackers in many communities, including my home community of Byron Bayâ€”a backpacker’s mecca. I commend Mr David Barr for introducing this bill in the other place. It is important for all areas visited by tourists. I certainly do not wish to stop young people from experiencing the joys of travel. I am sure many members of this House travelled overseas in their youth. I certainly travelled for many years and appreciated the accommodation in other countries that was offered by backpacker hostels. On my travels as a young man I stayed in places that were substandard, even dangerous. Many were serious fire risks.

Clearly, there are serious concerns associated with illegal backpacker hostels, and it is appropriate that council officers should be given more power to act against the operators of such premises. I know of instances when councils have served notices on illegal backpacker hostel operators to clean up their act that the operators have their premises put in order by the time council officers carry out their inspections, but soon after the inspectors have left they revert to their old bad habits of running illegal premises. The operators of illegal establishments in Byron Bay and other coastal areas are making huge profits. In an article in the Northern Star under the heading “If it burns down, who’s to blame?”, Kate O’Neill wrote:

Lives are being put at risk every day in Byron Bay as illegal hostel operators fill their houses and even garages with unsuspecting tourists.

These rogue hostels ignore fire safety regulations, are ad hoc when it comes to hygiene and charge money for backpackers to stay in conditions that have up to 15 people in a house.

This situation is so serious that one genuine hostel operator fears a tragedy like the Childers hostel fire, which killed 15 young travellers in Queensland two years ago, is not far away.

James Robinson-Gale, manager of the Main Beach Backpackers, says young lives are being put at risk.
“They are death traps,” he said.

“These places aren’t some sedate B&B (bed and breakfast). They’re full of doped up, smoking, drinking, young people.
Young people like to party, smoke and drink, and such activities can pose significant risks. It is estimated that annually 1.7 million tourists visit Byron Bay, many of them backpackers. Operators of illegal hostels wait with legitimate hostel operators touting for business at bus stops by offering private housing accommodation. Many of these converted houses have substandard accommodation. The article continued:

But by dodging council approval, illegal operators also dodge the need for meeting fire safety requirements. Costly fire extinguishers, smoke alarms, exits and evacuation plans can be avoided. (The Childers hostel was an approved establishment but questions of fire regulations were raised at the inquest.)

It’s not just a safety issue though.

Illegal hostels place extra pressure on Byron’s struggling sewerage system while avoiding developer fees for water and sewerage works. Increased traffic and noise annoys the neighbours, and residential homes, already in short supply, are taken out of the market when rented as tourist facilities.

Byron Bay has a water crisis yet people are still being attracted to the town. It is difficult to regulate the number of tourists even with approved establishments and, therefore, it is impossible to assess the impact on the town’s water and sewerage system when there are reports of 15 to 20 people packing into houses that are designed to accommodate four people. Some backpackers prefer to stay in the many illegal hostels throughout the town, because the conditions at such premises are lax, particularly with regard to parties and smoking. However, I hasten to emphasise that the larger, legitimate backpacker establishments in Byron Bay are run extremely well and cater for many people.

In the summer period many houses are rented to tourists and young people who cannot afford increased rental charges either leave town or stay in illegal premises. Byron Shire Council receives an average of five to six complaints a month about illegal premises but before council officers can enter such premises they must provide at least 24 hours notice of their intention to do so. Often the problems are resolved before council officers inspect a propertyâ€”an anomaly that should be rectified. According to Janelle Bancroft, the Health and Compliance Officer of Byron Shire Council, under the old regime council officers could not take action unless they met the required burden of proof. Legal action is expensive and council would need to be confident of a favourable outcome before taking such action. Byron Shire Council has substantial annual legal expenses and following up complaints associated with illegal backpacker dwellings increase those costs.

Legitimate backpacker operators suffer from burgeoning illegal establishments, particularly in places like Manly and Byron Bay, where social harmony is jeopardised by such premises. Backpacker accommodation should be more strictly regulated to encourage safe accommodation, and in that regard this bill is a step in the right direction. The behaviour of backpackers should also be regulated so that when complaints are made, appropriate people can intervene to ameliorate the situation. Often illegal backpacker establishments are extremely noisy, and people living in close proximity to them have great difficulty sleeping at night because of the disturbances.

I commend the bill introduced by the honourable member for Manly. It will help to ensure that the behaviour of people staying at backpacker premises does not adversely impact on neighbours. I refer particularly to loud noise and drunken parties. The bill will require greater compliance by backpacker hostel operators with fire safety regulations, and its provisions will help to reduce violent and disorderly behaviour. Although we wish to encourage the free spirit of backpacker movements around the world, we want backpackers to accept responsibility for their actions. At present their “full moon parties” on beaches and in forests cause considerable damage. The bill will enable councils to erect signs to encourage people to treat natural areas with respect. Lack of regulation for backpacker accommodation is destroying the social fabric of towns such as Byron Bay and city suburban areas like Bondi and Manly, such that people who have chosen to raise their families in a particular environment feel under threat.

Certainly, tourists coming into town who stay in illegal establishments are doing a significant amount of damage in certain circumstances, and the infrastructure of towns, especially those in country areas, simply will not handle it. I am concerned that there is no way of assessing the impact. How many of these illegal places exist? How many people come to town and staying illegally? The number has been estimated at 1.7 million. How many extra people are staying in illegal establishments? I wholeheartedly support the move that is represented by this legislation. I hope that this will go a significant way to giving councils the power to regulate a situation that is out of control at present. The problem is having an impact on the social fabric of the community and it is having a massive impact on the environment.

Posted: Monday, March 13th, 2006 Under: Gossip. | Home |

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