Council Minutes - Town of Cambridge

COUNCIL MINUTES
TUESDAY 28 AUGUST 2012
Restrictions on the use of the boardwalk have never been formally adopted by Council in
accordance with the procedure required for making determinations. Accordingly, it proposed
that the following restrictions be applied to the use of the boardwalk:-
• "Dogs permitted on leash only",
• "Bicycles, Roller-blades and Skateboards not permitted".
7. Review of Local Law
Over the last summer period, the Town received numerous complaints regarding the use of
"Surfing Appliances" within the designated swimming area at City Beach. Surf appliances
are prohibited between the patrolled swimming areas between the months of October to
March each year.
Clause 1.6 of the Town's Local Government and Public Property Local Law states:-
“Surfing appliance” means a flotation device of any material used for riding or surfing waves,
including hand planes, surf boards, surf skis, kick boards, paddle boards, body boards or
any other device used or capable of being used for that purpose."
Forum attendees and Surf Life Saving WA identified this definition as being too ambiguous
and restrictive, particularly as "Flotation devices" are used by adults with disabilities or by
poor swimmers. Forum attendees also pointed out that it was unfair and unsafe for a person
who requires a flotation device to be directed to vacate a patrolled swimming area.
During last summer, lifeguards were directing young children on flotation devices who
appeared to be over 8 years' old away from the patrolled area, thus exposing them to
greater risks. On some occasions, it was safer for a child to be on a soft flotation device
between the flags, than not at all.
It is proposed to review the Town's local law requirements in this regard. Consideration of
minor amendments to the definition of "Surf appliances" and other clauses contained within
the local law may be appropriate to provide greater clarity.
In the meantime, the application of this restriction will be relaxed to cater for these
circumstances.
POLICY/STATUTORY IMPLICATIONS:
Division 1 of the Local Government and Public Property Local Law applies when making
determinations (ie local law restrictions that are then bought to the public's attention by
signs).
The process of making local government determinations that are enforceable by the issue of
infringements or notices requires the following steps:
1. The local government is to give local public notice of its intention to make a
determination. The public notice must state the purpose and effect of the
determination;
2. A consultation period of 21 days applies after the publication of the public notice;
3. A further report is presented to Council. The report must address any submissions
and if the proposed determination is amended as a result of considering submissions,
further public consultation and public notice is required;
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