Local Laws

 I feel like I should know this, but have absolutely no idea..... Interested in a Local Governments powers to introduce local laws/rules to restrict/control fishing beyond the normal state controlled recreational fishing rules. 
Noted an article this morning saying that the City of Cockburn are reviewing their local laws to potentially introduce harsher penalties for people targeting sharks at Ammo Jetty and presumably more broadly around Woodman Point. 
I also recall "No Fishing" signs at different beaches (Blue Bay and sections of Madora Bay from memory) around City of Mandurah when I was living there. Again, beyond recognised sanctuary zones, can Local Governments introduce local laws to restrict fishing at any beach? 


scottland's picture

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Yes

Thu, 2023-02-16 09:11

 Yes they can but from what I understand they own public structured and only 2m past the high tide mark? But I could be wrong

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scottland's picture

Posts: 3031

Date Joined: 10/05/10

Yes

Thu, 2023-02-16 09:11

 Yes they can but from what I understand they own public structured and only 2m past the high tide mark? But I could be wrong

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Pete F's picture

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 2. Area of application

Thu, 2023-02-16 10:25

 2. Area of application These by-laws apply to the rivers, water courses, tidal and non-tidal waters, in or outside but adjoining the district of the municipality, the area between high water mark and low water mark, and in the sea adjoining the district for a distance of 183 metres seaward from low water mark at ordinary spring tides, and to reserves numbered . . . . . . . . . . . . . . . . . . . . . . . 

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tcarroll's picture

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Date Joined: 17/12/13

Sorry, i'm not a full bottle

Thu, 2023-02-16 10:45

Sorry, i'm not a full bottle on introduction of new laws at different levels of Government. Do they need to go to a higher level of government (state) for review to determine if they appropriate or can they just be implemented by Council? Just purely hypothetical..... if a Council wanted to, could they implement a local law to say no landbased fishing within a municipality? 

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 That is a good question, and

Thu, 2023-02-16 11:08

 That is a good question, and on the same lines I wonder whether for example Shire of Shark Bay could enact "only 1 snapper per day can be landed inside the Shire boundary..."

Say in the case that DPIRD didnt do anything about the concerns they raised a couple years ago?

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Pete F's picture

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Date Joined: 07/01/18

I am sure there are issues of

Thu, 2023-02-16 13:19

I am sure there are issues of law, when it comes to the council making laws that should be done via fisheries legislation. But also sure the council would have some argument it's about public safety, not fisheries management.

If you want to pursue the issue you can dispute the councils decision when they make it, not sure they have yet? Once the decision is made you may be able to dispute it in the SAT, once the decision is made you have 28 days to apply. I am not 100% sure every local government decision type can be disputed but worth you looking into it now. The SAT is very user friendly and you can represent yourself at no cost, where as it will cost the local government considerably and you may tie them up for years in mediation before it even goes to a hearing. Council cost are not awarded against you if you loose. You will have to find some legitimate legal arguments. 

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tcarroll's picture

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Date Joined: 17/12/13

 Yep no worries. I am not

Thu, 2023-02-16 13:30

 Yep no worries. I am not talking about a specific instance and have no vested interest in this scenario.... I've never fished the area in my life..... It is just a general query around a local authorities ability to introduce fishing restrictions/rules beyond those already applied by the state..... I'd suggest your statement around rules to protect public safety rather than fisheries management are possibly the grounds on which a local authority may be able to restrict fishing activities :) 

Jackfrost80's picture

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I had a quick peak at the

Thu, 2023-02-16 11:35

I had a quick peak at the City of Rockingham's PUBLIC PLACES AND LOCAL GOVERNMENT PROPERTY LOCAL LAW 2018

"1.3 Application (1) This local law applies throughout the district. (2) Subject to section 3.6 of the Local Government Act 1995, this local law applies to the area bounded by the low water mark of the Indian Ocean and extending for a distance 200 metres seaward from the Western boundary of the district.

Ammo Jetty appears to be 136m from the low tide mark on Nearmap so assuming Cockburn have the same juristiction the jetty would be covered under their local laws.

 

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For fun, Assuming a local

Thu, 2023-02-16 16:14

For fun, Assuming a local council can intoduce rules to restrict fishing, surely they can introduce rules allow it. Therefore, can a local council then apply a rule that allows recreational boat fishing for demersal species within 200m from shore :)

Pete F's picture

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That would make for an

Thu, 2023-02-16 17:42

That would make for an interesting legal argument in a SAT hearing as mentioned above. Do they have the legal right to make you release a legal size shark in effect acting there own fisheries law. Similar for gear restrictions as well. I know if it was my local shire I would be taking them to the SAT. It opens a whole can of worms shires making their own fish sanctuary's etc I feel if the shire were taken to the SAT they would have a poor chance of a win, they have gone to broad with what they are proposing and gone into fisheries territory. Fisheries would have a big interest in this too, the precedent would be enormous for what other shires could or might do. 

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for fun

Fri, 2023-02-17 20:26

 No one is a state law and passed with legisation and the other is local goverment. I think big brother would win.

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Jackfrost80's picture

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You'd be spot on there.My

Sun, 2023-02-19 06:36

You'd be spot on there.

My understanding without looking into it properly is that LGs can pass local laws regarding activities within their jurisdiction i.e. the act or method of fishing but not override State Govt rules/laws e.g. bag limits etc.

For example, a council can fund a set of traffic lights at an intersection through Blackspot funding but they cannot put up signage allow u‐turns at them over and above the Road Traffic Code unless Main Roads WA give approval. Even then MRWA do not allow councils to install any traffic signage/linemarking and do it all themself, sometimes taking months... but that's a different gripe 

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sea-kem's picture

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 Funny my youngest so has

Sun, 2023-02-19 07:26

 Funny my youngest so has started a Cadetship for electrical engineering with MR. It's intersting the info he shares regarding MR infrastructre. He did say no one works too hard there lol. Most the work is contracted out and they are really only there for compliance etc. 

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