RayQ said...
Thank you for your query regarding Kite surfing regulations in Lancelin.
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1. Prohibit kite surfing activities from portion of Reserve 32942, Grace Darling Park, Lancelin including the beach area directly to the west;
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'Kite surfing activities' would mean the setting up or packing up of the equipmnmet related to kite surfing as well as the actual activity itself.
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It appears the Ranger is simply making his own interpretation of what constitutes "kite surfing activities" in the regulations. I would have thought "kite surfing activities" refers to actual kitesurfing, not setting and packing up.
The regs do not appear to define "kite surfing activities". This is a somewhat ambiguous term. In terms of any offence, any ambiguity will be interpreted in favour of the offender. In the circumstances, there appears to be a good argument to defend any fine.
For example, when does the line between "non-kite surfing activities" and kite-surfing activities" start. Is it the night before when you are laying in bed thinking about the good session you are going to have in Lanno? Is it when you are packing up your car in Perth ready to go? Is it when you are taking your stuff out of the car in the carpark? (You get the point!)
Further, by analogy, does "surfing activities" include waxing your board on a non-surfing beach? Does "football activities" include putting your footy boots on in the changerooms before heading onto the field? I wouldn't have thought so.
Even a former US President did not consider "sexual relations" included oral sex!
If the Council's intention was that setting up kites in the Park should be banned, then the relevant regulation should have been made clear. Ie., "Prohibit kite surfing activity including but not limited to setting up and packing up kites ..."
And a further observation, in terms of a public nuisance to picnicing families, what is the difference between setting up a kite and setting up a windsurfer?
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This post is intended as a general comment in an internet forum. You should seek you own independent legal advice before relying on any part of it.