❓ A WA parliamentary question seeks clarification on the legal definitions of high and low water marks in Geographe Bay, and the responsibilities of state and local government regarding shoreline management and vehicle control, particularly concerning commercial fishers. The answer clarifies the Shire of Capel's powers and the application of relevant legislation.
AnsweredQoN 1517Legislative Assembly
QuestionView source ↗
(1) Along the shoreline of Geographe Bay, how is the low water mark and the high water mark accurately and legislatively defined?
(2) Within the Shire of Capel, is it the State Government or the Local Government that is legally responsible for control and management of the section of shoreline between low and high water mark?
(3) If land above high water mark is vested with a local authority, does this vesting allow it to control, including the banning of, vehicle usage (including vehicles operated by commercial licensed fishers in the course of their fishing activities) within that land area located above high water mark?
(4) If the section of shoreline between low and high water marks is vested in a local government body, does this vesting allow it to control, including the banning of, vehicle usage (including vehicles operated by commercial licensed fishers in the course of their fishing activities) within that land located between low and high water marks?
(5) If the section of shoreline between low and high water marks is not vested in a local government body but instead is vacant Crown land or land otherwise under the control of the State Government, what ability does a local government body have to control or seek to control, including the banning of, vehicle usage (including vehicles operated by commercial licensed fishers in the course of their fishing activities) within that land area located between low and high water marks?
(2) Within the Shire of Capel, is it the State Government or the Local Government that is legally responsible for control and management of the section of shoreline between low and high water mark?
(3) If land above high water mark is vested with a local authority, does this vesting allow it to control, including the banning of, vehicle usage (including vehicles operated by commercial licensed fishers in the course of their fishing activities) within that land area located above high water mark?
(4) If the section of shoreline between low and high water marks is vested in a local government body, does this vesting allow it to control, including the banning of, vehicle usage (including vehicles operated by commercial licensed fishers in the course of their fishing activities) within that land located between low and high water marks?
(5) If the section of shoreline between low and high water marks is not vested in a local government body but instead is vacant Crown land or land otherwise under the control of the State Government, what ability does a local government body have to control or seek to control, including the banning of, vehicle usage (including vehicles operated by commercial licensed fishers in the course of their fishing activities) within that land area located between low and high water marks?
AnswerView source ↗
Answered
7 May 2002
Responded by
Minister for Planning and Infrastructure
Response time
76 days
(2 - 5). The land between the low and high water mark is unallocated Crown land. It is within the district of the Shire of Capel, the western boundary of which is the low water mark of the Indian Ocean. The Shire has a Local Government Property Local Law which empowers it to prohibit and regulate specified activities on land within its district. For the purposes of the performance of the Shire's executive functions the Governor has approved an area 200 metres seawards of that boundary which is to be regarded as being within the district to the extent necessary for its proper administration of that local law. Under the Control of Vehicles (Off-road Areas) Act 1978 (the Act), prohibitions or restrictions by the use of vehicles has been imposed on most of the land between the high and low water marks on this boundary, adjoining unallocated Crown land and other land. Such prohibitions and restrictions under both the Shire's local law and the Act would apply to licensed commercial fisherman unless a specific exemption for them is made.
The Shire has a Local Government Property Local Law which empowers it to prohibit and regulate specified activities on land within its district. For the purposes of the performance of the Shire's executive functions the Governor has approved an area 200 metres seawards of that boundary which is to be regarded as being within the district to the extent necessary for its proper administration of that local law. Under the Control of Vehicles (Off-road Areas) Act 1978 (the Act), prohibitions or restrictions by the use of vehicles has been imposed on most of the land between the high and low water marks on this boundary, adjoining unallocated Crown land and other land. Such prohibitions and restrictions under both the Shire's local law and the Act would apply to licensed commercial fisherman unless a specific exemption for them is made.
Under the Control of Vehicles (Off-road Areas) Act 1978 (the Act), prohibitions or restrictions by the use of vehicles has been imposed on most of the land between the high and low water marks on this boundary, adjoining unallocated Crown land and other land. Such prohibitions and restrictions under both the Shire's local law and the Act would apply to licensed commercial fisherman unless a specific exemption for them is made.
Such prohibitions and restrictions under both the Shire's local law and the Act would apply to licensed commercial fisherman unless a specific exemption for them is made.
The Shire has a Local Government Property Local Law which empowers it to prohibit and regulate specified activities on land within its district. For the purposes of the performance of the Shire's executive functions the Governor has approved an area 200 metres seawards of that boundary which is to be regarded as being within the district to the extent necessary for its proper administration of that local law. Under the Control of Vehicles (Off-road Areas) Act 1978 (the Act), prohibitions or restrictions by the use of vehicles has been imposed on most of the land between the high and low water marks on this boundary, adjoining unallocated Crown land and other land. Such prohibitions and restrictions under both the Shire's local law and the Act would apply to licensed commercial fisherman unless a specific exemption for them is made.
Under the Control of Vehicles (Off-road Areas) Act 1978 (the Act), prohibitions or restrictions by the use of vehicles has been imposed on most of the land between the high and low water marks on this boundary, adjoining unallocated Crown land and other land. Such prohibitions and restrictions under both the Shire's local law and the Act would apply to licensed commercial fisherman unless a specific exemption for them is made.
Such prohibitions and restrictions under both the Shire's local law and the Act would apply to licensed commercial fisherman unless a specific exemption for them is made.
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