Kiting allowed at Cott for WAKSA members

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Andris
Andris
WA
102 posts
WA, 102 posts
8 Sep 2004 9:14pm

From Cottesloe Council Minutes for meeting held 23 August 2004

12.1.2 COUNCIL RESOLUTION
That Council, in accordance with provisions of the Beach Policy and Beach Reserves Local Law, approve the application made by WAKSA, subject to the following conditions:

(1) All shore based activities conducted by WAKSA and/or its members
be restricted to beach areas between Rosendo Street and the Town’s
southern boundary;

(2) WAKSA to be incorporated under the Association’s Incorporations
Act, to maintain this status and to provide Council with evidence of
its incorporation;

(3) WAKSA to compile a risk management plan and provide Council with
a copy;

(4) Public liability insurance cover of at least $10,000,000 be maintained at all times by WAKSA;

(5) WAKSA members to display identification that Council staff can
readily identify at a distance; and

(6) Appropriate signage to be installed.

Carried 9 to 0
owieb
owieb
WA
158 posts
WA, 158 posts
9 Sep 2004 7:07am
Personally I think it's a great result to what could have been the end of kiting at Cottesloe.

Top job by WAKSA!
HungLong
HungLong
WA
859 posts
WA, 859 posts
9 Sep 2004 7:17am
quote:
Originally posted by Andris



(5) WAKSA members to display identification that Council staff can
readily identify at a distance; and






how are you going to achieve this, I am a member and have no probs with this however I,m just asking the question ?

pain is temporary, glory is for ever !
CarlBevo
CarlBevo
NSW
609 posts
NSW, 609 posts
9 Sep 2004 9:51am
Mr Long - AKSA are looking at a simple coloured tag (with some details on it) that could hang from a harness looks something like an ear tag for a cow,

I have been assured the tagging procedure only hurts for a little while and if you dont want it through the ear you can have a nose tag if you prefer

leski
leski
NSW
661 posts
NSW, 661 posts
9 Sep 2004 10:00am
ok, good job ( although I haven't followed much ) , but got one question:
Does this mean that it is now a beach for WAKSA kitesurfers only?
vert
vert
WA
267 posts
WA, 267 posts
9 Sep 2004 8:11am
yep i recon so

wayne
poor relative
poor relative
WA
9106 posts
WA, 9106 posts
9 Sep 2004 9:56am
i dont kite at cott at the moment so this doesnt really affect me that much but playing the devils advocate.[}:)]
This may already have been brought up on another thread but still

Anyway, was thinking that now cottesloe is only kitable by waksa members i wonder how equitable this is. I get the insurance and liability bizzo, but at the end of the day public open space is exactly that an area for the public to do whatever they want to do in within the realms of legalslation.

Now the introduction of local by-laws that discriminate against a group who are not affiliated to a "commercial organisation" (WAKSA) to my mind doesn't seem quite right. It would be like saying that people who are not members of cottelsoe surf life saving club are not allowed to surf at cottelsoe.

Whilst i respect what WAKSA does this latest predicament just doesnt seem to sit right with me as its not equitable, and if you want to kite at a certian place then you have to be a member of a particular organisation.

Does this make sense????
leski
leski
NSW
661 posts
NSW, 661 posts
9 Sep 2004 12:25pm
well , that's why I was asking.
Unless I am missing the point, but is it now a private beach then???
this is all a bit ....bizarre....
I could foresee a good business coming up for Waksa, if all the councils follow up...
I know the Waksa guys are doing a good job on the ground,
but I start to feel some weird vibes about the business.



CarlBevo
CarlBevo
NSW
609 posts
NSW, 609 posts
9 Sep 2004 12:39pm
HI Leski

Please make your concerns more clear and we can try answer

Why do you see it as bizarre - its a simple response to council requests for an easy method to identify those who have insurance (something we should all have - period)this is where the councils main concerns lie - Public liability

I am unsure what you mean by weird vibes and business??

QUOTE I could foresee a good business coming up for Waksa, if all the councils follow up...
I know the Waksa guys are doing a good job on the ground,
but I start to feel some weird vibes about the business.

No beaches are private in Australia (I think) its all common property


poor relative
poor relative
WA
9106 posts
WA, 9106 posts
9 Sep 2004 10:49am
Which is exactly the point i am making....

"No beaches are private in Australia (I think) its all common property "

therefore surely public indemnity insurance should be the kiters responsibility, and the new by law should reflect this.

I get the feeling that if your not a WAKSA member then tough you can't kite at Cott, seems bizarre dont you think only because WAKSA has the monopoly on kiter insurance.

Fail to see where the fair trading guidelines are being applied
leski
leski
NSW
661 posts
NSW, 661 posts
9 Sep 2004 1:05pm
ok sorry if my point is unclear,
but I guess it is because the title "Kiting allowed at Cott for Waksa members " for me is unclear

First, as I mentionned earlier I haven't followed all the recent threads about kiting at Cott, so I might not be aware of the full story, might have to do a search on the forum.
I simply don't understand why a Personal Public liability ( from any insurrance ) wouldn't be sufficient. I was myself WAKSA member last year and still thinking of taking the membership for this year. As far as I understand being a WAKSA member provide you an insurrance etc...but this doesn't say whether you are a "safe kiter" or a "nutter" . So then maybe you could explain, why Cottesloe Council is only happy to allow WAKSA members and not others kiters? What happen to a tourist Kiter visiting australia?
When I am saying weird/bizarre it is just that for me it sounded as if suddenly Cott council decide that only RAC insurrance members could drive their car in Cottesloe!

Anyway,
If the idea is that anyone could kite there providing they've got a Public liability ( from any insurance company), and the Waksa coloured tag is just a simple & easy way to check that you've got a Waksa insurance and you don't need to get out of the water to show you paper stuff to the rangers. Then that makes sense to me and you could ignore everything I said and all the questions.
But if it is the case, then make the title clearer, as from what I gather I am not the only one confused.
thanks
Andris
Andris
WA
102 posts
WA, 102 posts
9 Sep 2004 11:16am
My view (for what it's worth) is that WAKSA have indeed done a fine job - because under existing legislation kiting was never authorised from the beach anywhere in the Shire of Cott and WAKSA have now made it possible to be an authorised kiter there (albeit with conditions).

If they hadn't done this we would have been banned from this month (WAKSA member or not).

There's another 5000+ km of isolated beaches in WA without a Ranger in sight for those who don't like regs.

poor relative
poor relative
WA
9106 posts
WA, 9106 posts
9 Sep 2004 11:26am
dont get me wrong i am not knocking WAKSA at all i agree totally with what they have achieved.

However as i said before it is not equitable or fair that in order to kite in a particular spot you have to be a WAKSA member.

And as others have said just because you are a member of WAKSA does not mean that you are of a good enough standard to kite at Cott.
CarlBevo
CarlBevo
NSW
609 posts
NSW, 609 posts
9 Sep 2004 2:18pm
How much would it cost an individual to insure
themselves to the tune of 10,000,000??

I know nothing of insurance prices etc but I would imagine it would cost more than WAKSA membership??

Has anyone ever tried to organise personal insurance for Kiting - I doubt it ??

WAKSA have Monopoly on insurance?? - interseting perspective

WAKSA/AKSA simply provide a simple means to insure yourself its up to you

We cant control the crazies but as locals can try keep rogue elements in tune with "local Rules" and under control

Fair trading??- what??

QUOTE if suddenly Cott council decide that only RAC insurrance members could drive their car in Cottesloe! End quote -

We have compulsory third party insurance to drive on the roads so if we smash someone or ruin someones property we are insured - whats the diff

It seems to me that some think WAKSA have some kind of agenda behind this issue,

It was a response from local riders to a very fast approaching - impending Ban

this was initiated by local riders at cott concerned about loosing access and in the first instance had nothing to do with WAKSA -

Being a minority (kiters) means we needed every bit of leverage we could muster to be heard - thats when WAKSA were called upon to help to be able to show some unity and that we (kiters) are not a bunch of unorganised rable.

I commend the efforts of those few key players who kept this spot open for everyone if it didnt happen none of us would be kiting there member or nonmember

Good thread is getting some attention/response on a important issue
flake
flake
WA
116 posts
WA, 116 posts
9 Sep 2004 12:31pm
what the hell are u going on about
Just go kiting have fun and get a life.
poor relative
poor relative
WA
9106 posts
WA, 9106 posts
9 Sep 2004 12:59pm
i go kiting, one day i turn up at cottesloe, its great and decide to go in. After a great session and a few good waves i notice the other kiters are wearing a yellow band. I Think nothing of it then when i come out i am apprehended by a ranger who confiscates my gear and says "sorry son your not a member of WAKSA, you dont have insurance with them your not allowed to be kiting here"

Now whilst this is an extreme scenario doesnt mean that under current by laws this couldn't happen. Ihe points i make are:

If anyone kites at cott, then it is the persons responsibility to take into consideration the conditions etc make an informed decision to go out and take responsibility for their actions.

If things go pear shaped and that person causes injury to another they are then held personally liable for any injuries concerned. It is not the responsibility of the cott council to accept blame as they have clearly indicated that a portion of the cott area is designated for kiters and as such warning signs are erected to inform unsuspecting public that they enter this area at their own risk.

It is the kiters own decision as to whether they wish to take out insurance with whoever they choose rather than being forced to get membership to WAKSA

Perhaps those who are keen to kite at cott should sign something at cott council that binds them to kiting in a particular area and takes the responsibility for compensation away from the council.

Beaches are for evreyone and you shouldn't be descriminated against enjoying them just because your not a member of a particular organisation or dont have insurance.

Don't get me wrong i plan to get WAKSA membership this season, and will support them whole herteadly. I too appreciate the amazing efforts people have gomne to to ensure that we can kite at cott and thanks.I mearly arly act as a devils advocate.[}:)]
HungLong
HungLong
WA
859 posts
WA, 859 posts
9 Sep 2004 1:29pm
good job by the WAKSA boyz and locals for working this out, they have done a stirling job

however I dont kite there

I'll stick to my search

pain is temporary, glory is for ever !
jan
jan
WA
1119 posts
jan jan
WA, 1119 posts
9 Sep 2004 2:21pm
well done to WAKSA for maintaining beach access... those of you that aren't members, the more members WAKSA have the more weight they can bring to bear to maintain access to YOUR beaches.
CAUTION
CAUTION
WA
1097 posts
WA, 1097 posts
9 Sep 2004 4:19pm
SORRY BUT I AM ON POOR RELATIVES SIDE.

SOON WILL WE NEED TO BECOME A WAKSA MEMBER TO KITE ANYWHERE???

SOUNDS LIKE A GREAT WAY TO INCREASE THOSE NUMBERS.....

AFTER ALL THE BICKERING, IT STILL COMES DOWN TO THE FACT THAT IT IS A FREE UNOWNED BEACH, THAT EVERYONE SHOULD BE ABLE TO USE. BUT UNFORTUNATELY OUR SOCIETY JUST DOESNT ALLOW THE FREEDOM WE USED TO HAVE.

GUESS IT KEEPS THOSE COTT BOYS HAPPY IN THAT THEY DONT HAVE TO DRIVE TO GET A KITE IN.

HungLong
HungLong
WA
859 posts
WA, 859 posts
9 Sep 2004 5:59pm
hey caution, I didnt say I agree'd with it, cause I dont

I simply congratulated the cott boyz for fighting it

However I do share your's and poors.... agruements. It does bring to light how much money talks when you live in a suburb like that

pain is temporary, glory is for ever !
jan
jan
WA
1119 posts
jan jan
WA, 1119 posts
9 Sep 2004 8:54pm
quote:
SOON WILL WE NEED TO BECOME A WAKSA MEMBER TO KITE ANYWHERE???


No, but you will need public indemnity insurance.

poor relative
poor relative
WA
9106 posts
WA, 9106 posts
9 Sep 2004 9:04pm
Thankfully we have thousands of kms of wonderful coastline with no rangers, councils etc....
Time to make the most of it
jm
jm
WA
2 posts
jm jm
WA, 2 posts
10 Sep 2004 8:00am
Have been a member of AKSA. Does this cover me to kite at Cottesloe? If not, how do I join WAKSA? The WAKSA website does not really seem to help. If I am a member of AKSA and can kite there, where do I get the ear tag?
owieb
owieb
WA
158 posts
WA, 158 posts
10 Sep 2004 10:03am
If it hadn't been for a few irresponsible kiters in the first place then none of this would have happend and the beaches would have remained open without any restrictions.

If a council feels that people (and the environment) are being put at risk because of the selfish behaviour of some; then they have to act in public interest and do something about it.

WAKSA stepped in and explained to the council that it's a minority of kiters that are causing problems and that WAKSA's own members agree to a set of safety regulations and do kite responsibly and it would be very unfair to ban all kiters. In addition, they also have public liability insurance which means that should an accident happen the council won't be left to pick up a potential law suit.

The beaches of WA will remain "free" if people THINK a bit before they go out kiting.

It's not difficult to work out; abuse it, you lose it!


Flying Kiwi
Flying Kiwi
WA
258 posts
WA, 258 posts
10 Sep 2004 10:14am
AKSA members who live in WA are already members of WAKSA by default, membership to your state organisation is included in the yearly fee, you probably just didn't realise it.

The ID tags will be sent out when you renew your membership this month, if you haven't heard from AKSA or WAKSA let me know and I'll send you a form.

Gav

quote:
Originally posted by jm

Have been a member of AKSA. Does this cover me to kite at Cottesloe? If not, how do I join WAKSA? The WAKSA website does not really seem to help. If I am a member of AKSA and can kite there, where do I get the ear tag?

Flying Kiwi
Flying Kiwi
WA
258 posts
WA, 258 posts
10 Sep 2004 10:24am
quote:
Originally posted by poor relative

It is not the responsibility of the cott council to accept blame as they have clearly indicated that a portion of the cott area is designated for kiters and as such warning signs are erected to inform unsuspecting public that they enter this area at their own risk.
[}:)]



Poor Relative, it is good to see some discussion on this topic, but you shoot yourself in the foot by complaining that the beach should be free for all then suggesting that the council warn off the public with signs, isn't it their beach as well? It was looking like a complete kiting ban was the only option the council was going to choose.

I think WAKSA has responded to the concerns of the council and stopped the problem to escalating further, once one council enforced a ban, the rest of that coastline could quickly go the same way. Councils listen more to Associations than individuals so it was lucky they stepped into the ring.

Gav
extralite
extralite
QLD
34 posts
QLD, 34 posts
10 Sep 2004 2:17pm
The AKSA is a non profit organization isn't it, not commercial as was said earlier in the thread?

There must be other beaches in Australia that are only available to AKSA members? The Gold coast (curumbin) gets a lot more crowded with swimmers than anything I have seen over here and I heard parts of melbourne get crowded too. How does it work for them? Do they use streamers and what do they do in summer when all the tourists come to kite?
flake
flake
WA
116 posts
WA, 116 posts
10 Sep 2004 12:38pm
the way I see it the only way there will be a bann is if there holding a gun to my head
jjd
jjd
WA
705 posts
jjd jjd
WA, 705 posts
10 Sep 2004 12:52pm
tempting
gls
gls
WA
284 posts
gls gls
WA, 284 posts
10 Sep 2004 6:53pm
I think its a great result, and well done to the WAKSA guy's who put in the effort and represented all our interests. I just came back from the UK where similar rules are in place. Personally I think supporting WAKSA by joining is a great idea. Add some volume to the collective voice. And get insurance too - that is just a bonus.
Graeme
poor relative
poor relative
WA
9106 posts
WA, 9106 posts
10 Sep 2004 11:15pm
It seems to me all the cott council are worried about is that a kiter goes to cott does something dull and hurts,maims or kills an unsuspecting person on the beach and they are lumbered with the pending law suit.

Now what i would say is that just because you have WAKSA insurance, does not de-indemnify cott council. I would suggest that a lawsuit could entail that cott council permitted kiting in Cott and as such they are liable for any untoward events for the only reason that they are allowing kiting in cott. Maybe this point shoots evreyone in the foot.
I would also say that the fact that Cott council have met with WAKSA and have drafted resolution that Cott council recognises that kiting is potentially dangerous to the public again opening themselves to lawsuits.
Surely if cott council erected such signs to warn the public of the dangers of venturing in the designated kiting area that would in part take the responsibility for compensation away from cott council. Just like the signs on the groyne that say no diving.

Another point i would like to make is that just because you have WAKSA membership does not mean that you are not irrisponsible, and/or not of a standard to kite at cott.

I think it was suggested before that locals would police the nutters, how would that work. In the realm of legalities surely thats a mine field.

Also how would it be policed. I know if i was a tourist coming to WA for a kiting holiday, saw cott looking good and went in only to have my gear confiscated at the end of a session i would be less than pleased.

Whatever the arguments are, i think it is really sad that you are only allowed to kite at this beach if you are affilliated to a particular organisation, regardless if you have indemnity insurance through another organisation. It stinks in fact and not only that it sets a precedent for all the other local councils.
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