NSW 4am Logging access over carriageway

[Zarlo]

The property behind our rural property has dominant access via a carriage way through our property. We have just recieved a proposal to log from our neighbour which will use this carriageway. Our main concern is that the proposal states logging activity will commence at 4am including haulage. As the carriageway passes 300m metres of our residence can we request that logging activity commences later say 8am? Also as 75% of the one way carriageway is also our only access we are concerned about damage to the road - there is an estimated 8 logging semis a day over an un specified time. What rights do we have to safe access to our property. We understand the neighbour has a right to log and have access via the carriage way but what rights do we have to sleep and safe access to our property?

 

[Tim W]

Do they have any other access to their land, at all?

 

[Zarlo]

The dominant property owner did work on the carriage way just before we bought the property and it is the only access now suitable for the trucks to use.

 

[Zarlo]

I've attached a bit of a mud map

 

[Rod]

4am seems unreasonable however I'm not in NSW and can't assist.

EPA, law of easements, and local laws/regulations likely come into play.

Take plenty of photographs of the access road before logging starts so you have 'before photos'. If an agreement is needed, consider having a term whereby funds are held on trust in case of damage.

Suggest engaging @Tim W to assess and advise you on your rights.

 

[Zarlo]

Thanks so much that's good advice, particularly about taking photos. We are not anti the logging just the times involved and as with all these things the neighbour is a little difficult and we want to work together with him so it's a win win.

 

[Tripe]

I doubt you have any rights re: operating hours
And 300m is a reasonably large distance to a road.

 

[Tim W]

Remember - it's your land, not their driveway.

If the sticking point is the 4am starts, then
your solution may be more about the noise pollution aspects
rather then the land and access aspects.
Get in touch with the EPA.

Also, be sure that "logging" is not just a cover word for "land clearing".
And in the end, when they lodge a DA for whatever is coming next,
be ready to object.