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.