Forums > General Discussion   Shooting the breeze...

$250 fine for surfing after a shark alarm

Reply
Created by mitchupc > 9 months ago, 3 Sep 2016
kiterboy
2614 posts
3 Sep 2016 10:36PM
Thumbs Up

Select to expand quote
Cobra said...


kiterboy said..


Cobra said...


kiterboy said..



Cobra said...



kiterboy said..



Now, please answer this, those of you in support of the fines.

Dropping 5km 'apparently' saves lives on the road - so from now on, those caught doing 5km over the speed limit, gets a $250 fine.
You know those 5km are crucial and can make the difference in everyone being safer.
Would you support this?






Ok i will answer this,,but first.
will i still get fined for dropping 5km before tailgating and riding my motorbike in the rain full of meth.
and will that fine have anything to do with this post.





How about you have a bit of a rethink and write what you want to say a bit more legibly. Cheers.




I see, you also need to work on your comprehension.
Keep working at it buddy, you'll get there.

like yours, none of it has anything to do with the topic.






keep working on your analogy champ,you'll get there




No amount of rewriting, not that it's required, will help your substandard comprehension.

Cobra
9106 posts
3 Sep 2016 10:42PM
Thumbs Up




Towny
NSW, 903 posts
4 Sep 2016 6:58AM
Thumbs Up

You were below the tide line, I'd say that's out of council jurisdiction, who's to say it was your car, The Council have no idea who they are fining.

eppo
WA, 9688 posts
4 Sep 2016 8:10AM
Thumbs Up

Is their a council by law that specifically states given a shark warning you must exit the water or their will be a finE?

If there is ya fcked.

If not, then they can't make you pay it.

So is there one ?


mitchupc
WA, 10 posts
4 Sep 2016 8:30AM
Thumbs Up

Select to expand quote
eppo said..
Is their a council by law that specifically states given a shark warning you must exit the water or their will be a finE?

If there is ya fcked.

If not, then they can't make you pay it.

So is there one ?




Hahaha the fine details that i broke the "Local government property local law 2009: 9.1;Failure to obey lawful direction of an authorised person" (ifyou google this you can find the main document where there is ZERO mention of anything to do with sharks)
Surely the water isnt local govt property....

raggy
VIC, 564 posts
4 Sep 2016 10:51AM
Thumbs Up

Select to expand quote
mitchupc said..

eppo said..
Is their a council by law that specifically states given a shark warning you must exit the water or their will be a finE?

If there is ya fcked.

If not, then they can't make you pay it.

So is there one ?





Hahaha the fine details that i broke the "Local government property local law 2009: 9.1;Failure to obey lawful direction of an authorised person" (ifyou google this you can find the main document where there is ZERO mention of anything to do with sharks)
Surely the water isnt local govt property....


you so sure about that? parks and wildlife? department of fisheries and agriculture? local by laws etc....

Subsonic
WA, 3354 posts
4 Sep 2016 9:02AM
Thumbs Up

Select to expand quote
mitchupc said...
eppo said..
Is their a council by law that specifically states given a shark warning you must exit the water or their will be a finE?

If there is ya fcked.

If not, then they can't make you pay it.

So is there one ?




Hahaha the fine details that i broke the "Local government property local law 2009: 9.1;Failure to obey lawful direction of an authorised person" (ifyou google this you can find the main document where there is ZERO mention of anything to do with sharks)
Surely the water isnt local govt property....


It'd be worth researching. Reasonably sure the council jurisdiction ends at the low tide level, and his threat to call the police sounds like maybe he doesn't consider himself to be in authority.

I suppose it comes down to whether he had authority or not.

It could be argued that by trying to enforce a fine like this, they are in a way admitting liability for an individual's actions too.

Another power tripper putting in their contribution to the nanny state. Someday you won't be able to cross a road without a "responsible authority figure" being there to hold your hand.

jbshack
WA, 6913 posts
4 Sep 2016 9:08AM
Thumbs Up

The issue is you see the helicopter but really have no idea if there is one shark or more sharks close by. Next you by not getting out of the water set an example to others also not obey local law enforcement, imagine some young kids see you turn up your nose and do the same thing? What if one is attacked? Should then bare some responsibility for their attack. Finally I'm not sure that volunteer surf life saving is a paid gig ??

It's a first world problem your complaining about. Except the consequence and move on.

eppo
WA, 9688 posts
4 Sep 2016 9:26AM
Thumbs Up

So this was a 'beach inspector'.. Aka life savings organisation or a ranger ?

So even the guy with the budgy smugglers and weird hat, in a non for profit organisation can issue a fine. (They do an important job of course, dont get me wrong).


do they even come under council jurisidI ction?

we have this beach boat ramp down here, that is rarely used at the best of times, and most definetly NEVER in winter or when it's blowing anymore than 15 knots. But apparently it's for boats only. So imagine not a soul around, nobody...a few cars parked on the side of a road leading to the boat ramp (so cars not even on the beach boat ramp), ranger comes down starting to give fines.

I said said where's your bloody common sense man and he said 'they are the rules'... He didn't fine us in the end, but it just goes to show you we legislate and make rules for the 1 percent of fck knuckles That MIGHT do the wrong thing.

...anyhow back to your issue. Given the heightened state of alert, the political nature of this issue (in that they have to be seen doing something for all the left wing hippy, its not my fault fck sticks, mummy used to breast feed me on cracked nipples, zombie parasitic - what about poor old me, I can't be held responsible for my own actions cause I got daddy issues..now give me some hard earned tax dollars for contributing sweet fck all, )... I would just pay it.

you are up **** creek without a paddle in this current environment. The burden as always, is falling more and more on the middle class paying people who are working hard and doing the right thing. I see it in schools now, 90 percent of resources are wasted on the 5 percent of box folders that will be lucky to pay a decent tax dollar in their life. While the normal hard working next generation of tax paying kids are left to their own devices...

pay it, move on. Systems fcked, you know it and I know it.

Unless of course you are from a minority class, sexuality, race, disability ..something or other you could probably get off it.


theDoctor
NSW, 5785 posts
4 Sep 2016 11:51AM
Thumbs Up

Select to expand quote
eppo said...
So even the guy with the budgy smugglers and weird hat, in a non for profit organisation can issue a fine. (They do an important job of course, dont get me wrong).


I was at city Beach last season
Two little kids, no older than 8
One on a foamy
One on a beat up ol glass board
Were playing together in the 1 foot wind swell between the flags
There was no one else anywhere near them
There wasn't even anyone else in the flagged area
Captain Muppet comes down to the water
And barks at the kid with the glass board
Ordering him out of the flags

I interjected
Explaining that it was probably safer for the kid to play between the flags
When captain Muppet beat his chest and proclaimed he was actually patrol captain Muppet and this was his beach and the kid was a danger to others.

Surflifesaving can go suck a fat one


James
WA, 549 posts
4 Sep 2016 9:52AM
Thumbs Up

Select to expand quote
jbshack said...
The issue is you see the helicopter but really have no idea if there is one shark or more sharks close by. Next you by not getting out of the water set an example to others also not obey local law enforcement, imagine some young kids see you turn up your nose and do the same thing? What if one is attacked? Should then bare some responsibility for their attack. Finally I'm not sure that volunteer surf life saving is a paid gig ??

It's a first world problem your complaining about. Except the consequence and move on.


I think he has a right to complain. I get totally pissed off at the amount of adults who I see ride a push bike without a helmet. I've seen coppers more than once drive on when this "life endangering "offence has taken place.

I would bet my house on it , that there would have been several "cyclists" ridden by ,in the time during the dick from the council was hasseling the dude in the water. I know, cos I see them EVERY KN DAY !!! Why didn't he phone the cops for that !!!?

If I tried it , I'd get a fine

Mark _australia
WA, 23452 posts
4 Sep 2016 9:55AM
Thumbs Up

I would take a good hard look at the by-law wording - they don't have jurisdiction over the water so I'd strongly suspect their power to close a beach is to stop people from getting in the water.... not fine people who don't get out of it.

But then like Chris says maybe also have a good look at why you got the ticket, apologetic works better than argumentative and he does have the power to ask for your name, at which point you added to the matter by driving away.

Who says the chopper was over the shark, they could have lost sight of it. If the Ranger wasn't wasting time talking to you he could be out looking for the shark too. Bigger picture.....

Underoath
QLD, 2433 posts
4 Sep 2016 12:20PM
Thumbs Up

Personally, someone who spends all day on Grinder has no jurisdiction to tell me to get out of the water.

rod_bunny
WA, 1089 posts
4 Sep 2016 10:40AM
Thumbs Up

Select to expand quote
eppo said..
we have this beach boat ramp down here, that is rarely used at the best of times, and most definetly NEVER in winter or when it's blowing anymore than 15 knots. But apparently it's for boats only. So imagine not a soul around, nobody...a few cars parked on the side of a road leading to the boat ramp (so cars not even on the beach boat ramp), ranger comes down starting to give fines.


Yeah... was at that "ramp" showing the kids the huge waves in a winter front - us being the only car on the ramp area when some old bloke walking his dog came up and started having a go about "blocking the ramp up" and "you haven't even got a boat trailer on" and "I'm calling the council" (mutter mutter choking on his own rage)




mitchupc
WA, 10 posts
4 Sep 2016 1:35PM
Thumbs Up

Select to expand quote
jbshack said..
The issue is you see the helicopter but really have no idea if there is one shark or more sharks close by. Next you by not getting out of the water set an example to others also not obey local law enforcement, imagine some young kids see you turn up your nose and do the same thing? What if one is attacked? Should then bare some responsibility for their attack. Finally I'm not sure that volunteer surf life saving is a paid gig ??

It's a first world problem your complaining about. Except the consequence and move on.


How about i give you some context, This day there had already been an earlier reported sighting of a shark up the coast (at mettams pool), I was surfing south trigg beach that borders on scarborough (anyone local to the area will know there is a fair distance between these spots). You say that by seeing the helicopter up the coast i have no idea.. channel 7 are regularly on the scene quicksmart of any opportunity for some shark footage for the 6pm news, so yeah when i saw them down the coast i took it as a pretty good indication. The beach inspector even said the sighting was up the coast but still fined me. If he had said i was in real danger/had actually sighted a shark himself then yeah no worries im out of the water. With the distance between where i was surfing and the shark sighting he may as well have warned me that there are sharks in the ocean (Earlier in the year scarborough was closed due to a shark sighting 6KM OFFSHORE) Also you say that im setting a bad example? Ive been surfing around this area for 15+years with plenty of shark alarms throughout this in which every occasion it is disregarded by at least a few water users and i never saw them hassled and fined, maybe you could go tell them they should have set a better example for me.

mitchupc
WA, 10 posts
4 Sep 2016 1:42PM
Thumbs Up

Select to expand quote
eppo said..
So this was a 'beach inspector'.. Aka life savings organisation or a ranger ?

So even the guy with the budgy smugglers and weird hat, in a non for profit organisation can issue a fine. (They do an important job of course, dont get me wrong).


do they even come under council jurisidI ction?

we have this beach boat ramp down here, that is rarely used at the best of times, and most definetly NEVER in winter or when it's blowing anymore than 15 knots. But apparently it's for boats only. So imagine not a soul around, nobody...a few cars parked on the side of a road leading to the boat ramp (so cars not even on the beach boat ramp), ranger comes down starting to give fines.

I said said where's your bloody common sense man and he said 'they are the rules'... He didn't fine us in the end, but it just goes to show you we legislate and make rules for the 1 percent of fck knuckles That MIGHT do the wrong thing.

...anyhow back to your issue. Given the heightened state of alert, the political nature of this issue (in that they have to be seen doing something for all the left wing hippy, its not my fault fck sticks, mummy used to breast feed me on cracked nipples, zombie parasitic - what about poor old me, I can't be held responsible for my own actions cause I got daddy issues..now give me some hard earned tax dollars for contributing sweet fck all, )... I would just pay it.

you are up **** creek without a paddle in this current environment. The burden as always, is falling more and more on the middle class paying people who are working hard and doing the right thing. I see it in schools now, 90 percent of resources are wasted on the 5 percent of box folders that will be lucky to pay a decent tax dollar in their life. While the normal hard working next generation of tax paying kids are left to their own devices...

pay it, move on. Systems fcked, you know it and I know it.

Unless of course you are from a minority class, sexuality, race, disability ..something or other you could probably get off it.




Yeah a local council employed 'beach inspector' pretty much a ranger. System really is fkd, the appeal section of the fine states 'already proven guilty unless i have evidence in contrary'. Haha and yeah through researching some of the local council laws i did see some absolutely stupid ones surrounding boat ramps

mitchupc
WA, 10 posts
4 Sep 2016 2:12PM
Thumbs Up

Select to expand quote
theDoctor said..

eppo said...
So even the guy with the budgy smugglers and weird hat, in a non for profit organisation can issue a fine. (They do an important job of course, dont get me wrong).



I was at city Beach last season
Two little kids, no older than 8
One on a foamy
One on a beat up ol glass board
Were playing together in the 1 foot wind swell between the flags
There was no one else anywhere near them
There wasn't even anyone else in the flagged area
Captain Muppet comes down to the water
And barks at the kid with the glass board
Ordering him out of the flags

I interjected
Explaining that it was probably safer for the kid to play between the flags
When captain Muppet beat his chest and proclaimed he was actually patrol captain Muppet and this was his beach and the kid was a danger to others.

Surflifesaving can go suck a fat one



Hahaha have heard many stories similar to yours about city beach, funny thing is only a week prior to being fined by this beach inspector, i was on my way in from a surf and went out of my way to retrieve his big clubby knee paddleboard (those big things with no legrope) that washed up on the beach after he had lost it in the surf. Nice of him to repay me a week later with a $250 fine :)

Buster fin
WA, 2595 posts
4 Sep 2016 4:16PM
Thumbs Up

If you ever retrieve his 'board' again, charge him a holding fee. Or if it were to accidentally hit you...

jbshack
WA, 6913 posts
4 Sep 2016 4:46PM
Thumbs Up

Select to expand quote
mitchupc said..

jbshack said..
The issue is you see the helicopter but really have no idea if there is one shark or more sharks close by. Next you by not getting out of the water set an example to others also not obey local law enforcement, imagine some young kids see you turn up your nose and do the same thing? What if one is attacked? Should then bare some responsibility for their attack. Finally I'm not sure that volunteer surf life saving is a paid gig ??

It's a first world problem your complaining about. Except the consequence and move on.



How about i give you some context, This day there had already been an earlier reported sighting of a shark up the coast (at mettams pool), I was surfing south trigg beach that borders on scarborough (anyone local to the area will know there is a fair distance between these spots). You say that by seeing the helicopter up the coast i have no idea.. channel 7 are regularly on the scene quicksmart of any opportunity for some shark footage for the 6pm news, so yeah when i saw them down the coast i took it as a pretty good indication. The beach inspector even said the sighting was up the coast but still fined me. If he had said i was in real danger/had actually sighted a shark himself then yeah no worries im out of the water. With the distance between where i was surfing and the shark sighting he may as well have warned me that there are sharks in the ocean (Earlier in the year scarborough was closed due to a shark sighting 6KM OFFSHORE) Also you say that im setting a bad example? Ive been surfing around this area for 15+years with plenty of shark alarms throughout this in which every occasion it is disregarded by at least a few water users and i never saw them hassled and fined, maybe you could go tell them they should have set a better example for me.


SO who is really to blame, as a adult you are deemed responsible for your actions and you chose not to obey direct instruction of someone in clear authority who was trying to prevent you from being attacked by a shark. What a prick hey, he must feel so good about that..

Also just because the chopper is hovering somewhere else, doesn't mean there are not more sharks. The first response for beach inspectors must be for absolute safety of water users, even if they are too stupid to understand the risk they could be putting themselves in by not getting out

busterwa
3782 posts
4 Sep 2016 4:48PM
Thumbs Up

I don't believe you should be fined Its a personal choice It mabe a 2.5 metre bronzy which is not a threat ? The key here is reading the policy and finding out if mr beach bighead wanker is authorized to fine you or should he of called police? Its a grey area?

http://www.stirling.wa.gov.au/Council/Policies-and-local-laws/Policy%20and%20Local%20Laws/Local%20Government%20Property%20Local%20Law%202009.pdf


5.3 states 5.3 Powers of authorised persons or surf life saving club members

(1) An authorised person employed by the City may perform all or any of the following functions in relation to a beach -

(e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a shark is suspected of being in the vicinity of a beach

Dunno about who can fine someone I just swing a hammer for work but of you you pencil pushers brains trust could probably find out if its legal for the city of sterling to issue the fine?
Im pretty sure if you shoes not to leave the beach a lifesaver would call the police If that's the case so should the beach inspector. Even fisheries don't carry handcuffs.

jbshack
WA, 6913 posts
4 Sep 2016 4:51PM
Thumbs Up

Here is another story about a surfer who chose to ignore the law and still enter the surf. Instead though he lost a hand and two feet to a shark. . I bet he'd happily swap you for a $250 fine
stabmag.com/news/a-shark-breaks-through-the-nets-in-reunion-and-attacks-a-21-year-old-surfer/

busterwa
3782 posts
4 Sep 2016 5:07PM
Thumbs Up

This Summer at a beach near you!







Harrow
NSW, 4521 posts
4 Sep 2016 7:13PM
Thumbs Up

How often would there NOT be a shark within 2km radius when you are surfing? I'm guessing only about 50% of the time?

I have no idea, what do the fishermen reckon?

busterwa
3782 posts
4 Sep 2016 5:22PM
Thumbs Up



You could probably say the sharks were always there just didn't have the internet and tec to share the sighting Mabe its just the shark sightings that have increased.
In my opinion
a lot of the sighting are relatively insignificant for example a 2.5 metre shark unknow species Its a sighting To me that's not a risk? Its the 4m +you don't see that's the risk.

remo81
QLD, 678 posts
4 Sep 2016 7:45PM
Thumbs Up

Next thing you know they will be giving out fines for not wearing seat belts in your car, and helmets on motorcycles.

jbshack
WA, 6913 posts
4 Sep 2016 6:34PM
Thumbs Up

Select to expand quote
busterwa said..


You could probably say the sharks were always there just didn't have the internet and tec to share the sighting Mabe its just the shark sightings that have increased.
In my opinion
a lot of the sighting are relatively insignificant for example a 2.5 metre shark unknow species Its a sighting To me that's not a risk? Its the 4m +you don't see that's the risk.


But when they sound the alarm, they don't use different alarms for a 4mtr Great White or a 2mtr bronzy, so how are supposed to know

What if someone rang in a alarm to SLSWA reporting a 4 mtr, should they not clear the beach, until they have a positive measurement

Its not really that hard to obey beach warnings is it

mitchupc
WA, 10 posts
4 Sep 2016 7:32PM
Thumbs Up

busterwa said..
I don't believe you should be fined Its a personal choice It mabe a 2.5 metre bronzy which is not a threat ? The key here is reading the policy and finding out if mr beach bighead wanker is authorized to fine you or should he of called police? Its a grey area?

http://www.stirling.wa.gov.au/Council/Policies-and-local-laws/Policy%20and%20Local%20Laws/Local%20Government%20Property%20Local%20Law%202009.pdf


5.3 states 5.3 Powers of authorised persons or surf life saving club members

(1) An authorised person employed by the City may perform all or any of the following functions in relation to a beach -

(e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a shark is suspected of being in the vicinity of a beach

Dunno about who can fine someone I just swing a hammer for work but of you you pencil pushers brains trust could probably find out if its legal for the city of sterling to issue the fine?
Im pretty sure if you shoes not to leave the beach a lifesaver would call the police If that's the case so should the beach inspector. Even fisheries don't carry handcuffs.



Agreed mate, i came across that document as well, it sure doesnt say much about beach inspectors being able to slap around fines

busterwa
3782 posts
4 Sep 2016 7:43PM
Thumbs Up

mitchupc said..

busterwa said..
I don't believe you should be fined Its a personal choice It mabe a 2.5 metre bronzy which is not a threat ? The key here is reading the policy and finding out if mr beach bighead wanker is authorized to fine you or should he of called police? Its a grey area?

http://www.stirling.wa.gov.au/Council/Policies-and-local-laws/Policy%20and%20Local%20Laws/Local%20Government%20Property%20Local%20Law%202009.pdf


5.3 states 5.3 Powers of authorised persons or surf life saving club members

(1) An authorised person employed by the City may perform all or any of the following functions in relation to a beach -

(e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a shark is suspected of being in the vicinity of a beach

Dunno about who can fine someone I just swing a hammer for work but of you you pencil pushers brains trust could probably find out if its legal for the city of sterling to issue the fine?
Im pretty sure if you shoes not to leave the beach a lifesaver would call the police If that's the case so should the beach inspector. Even fisheries don't carry handcuffs.



Agreed mate, i came across that document as well, it sure doesnt say much about beach inspectors being able to slap around fines


If you had the balls to follow and fight that you would win.

mitchupc
WA, 10 posts
4 Sep 2016 7:53PM
Thumbs Up

busterwa said..
But why is a shark sighting a beach evacuation ? 2.5 metre public siting of a fin reported of noob prob a dolphin. ,1 metre bronzie or grey nurse or hammerhead .. spotted by public as a threat. helicopter comes over sees a shark beach closed. to what you and me perceive as a threat is different We don't see eye to eye but as far as im concerned a 2.5m shark is not a threat. 3+ Nor a bronzy or grey is not a threat they hang around your catch bag and you gota give the taxman some kudos.There non aggressive but give them a feed to get rid of them. Them sharks are there all the time. Its there water there reef we just dive on it If here hungry shout them a feed.

Some of those sharks are the most placid youd ever meet. We started naming the sharks and the rays and other marine life at our cray spot. I think some of these sharks are there and let us dive. Just leave them alone oif they get close give them a feed and keep diving



Yeah Im with ya on that,
This (www.watoday.com.au/national/western-australia/photographer-snaps-amazing-shark-encounter-at-perth-beach-20160727-gqerne.html) has been the cause of many of the sightings around here lately.... hard to see it as an immediate enough threat to warrant kicking people out of the water against their own choice who are surfing a few km down the coast.

I will try appealing the fine although i cant see it getting very far as per the fine stating "You will, in the absence of proof to the contrary, be deemed to have committed the alleged offence and court proceedings may be instituted against you"

busterwa
3782 posts
4 Sep 2016 8:00PM
Thumbs Up

Select to expand quote
jbshack said..

busterwa said..


You could probably say the sharks were always there just didn't have the internet and tec to share the sighting Mabe its just the shark sightings that have increased.
In my opinion
a lot of the sighting are relatively insignificant for example a 2.5 metre shark unknow species Its a sighting To me that's not a risk? Its the 4m +you don't see that's the risk.



But when they sound the alarm, they don't use different alarms for a 4mtr Great White or a 2mtr bronzy, so how are supposed to know

What if someone rang in a alarm to SLSWA reporting a 4 mtr, should they not clear the beach, until they have a positive measurement

Its not really that hard to obey beach warnings is it


I was just questioning some of there reports. A lot of the reports there are public species unidentified. Most of the sharks reported sighting are under 3 metres? I understand the warnings but a 2-3.5 metres shark in an area would be a low risk even if it was a white or a tiger. To many bull**** spotting's of the uneducated public.



Subscribe
Reply

Forums > General Discussion   Shooting the breeze...


"$250 fine for surfing after a shark alarm" started by mitchupc