WA Law on Illegal Parties on Beach?

[Nate Kennedy]

The city of Cockburn has issued a notice on CYOconnor beach. It reads:

'Illegal music parties will be closed down by police. Offenders will be fined $15000 and their equiptment confiscated. If you see a party being set up please contact police.'

Went to a few of these parties and they were the safest, friendliest events. Anyone know if they are actually 'illegal?' Speaking of illegal, what rights do the cops have to confiscate personal property and what would the $15,000 fine actually be for?

Thanks guys, its really sad to see a harmless community shut down

 

[Rod]

Ring the council ask what law gives them this power and post the answer here.

You say harmless, others likely say it disturbs their quiet enjoyment of nature.

 

[Nate Kennedy]

Gave the City of Cockburn a ring and was given the number for the department of environmental health. It's covered in the public health act 2016. I don't really know what i'm reading but i assume page 60 is what the sign refers to:

(2) A person must not —
(a) engage in conduct that the person ought reasonably to
know will cause, or is likely to cause, a material public
health risk; or
(b) engage in conduct in a manner that the person ought
reasonably to know will cause, or is likely to cause, a
material public health risk; or
(c) allow or permit conduct to be engaged in if the person
ought reasonably to know that engagement in that
conduct will cause, or is likely to cause, a material public
health risk; or
(d) allow or permit conduct to be engaged in in a manner that
the person ought reasonably to know will cause, or is
likely to cause, a material public health risk; or
(e) allow or permit conduct to continue to be engaged in if
the person ought reasonably to know that engagement in
that conduct will cause, or is likely to cause, a material
public health risk; or
(f) allow or permit conduct to continue to be engaged in in a
manner that the person ought reasonably to know will
cause, or is likely to cause, a material public health risk.
Penalty for an offence under this subsection: a fine of $75 000.
Daily penalty for an offence under this subsection: a fine of
$15 000.​

Am I correct? Is there anything in the act that pertains to the confiscation of property?

 

[Rod]

Hmm, unless there have been incidents on the beach due to music parties then they'd have a hard time making the fine stick.

Not knowing the area and the history I can't comment on whether their actions are reasonable.

 

[Nate Kennedy]

Yeah unfortunately there was a stabbing back in 2015 always someone ruining it for the rest of us

Heres the sign if anyone was interested in further clarifying the law regarding illegal music parties

Cheers

 

[Nate Kennedy]

Actually the stabbing probably deserves a bit of clearing up. The person stabbed was in the car park, i didnt see it but as far as i could tell it didnt seem to involve anyone that was at the party.

Doesn't really explain why the signs up now either

 

[Rob Legat - SBPL]

I don't know about the public health angle, but you'll generally find:

- Councils have the power to regulate public spaces, and they generally don't allow any one group to 'take over ' any particular place for a large gathering. They may allow it for a fee, subject to conditions. For example, when I got married I booked the botanic gardens and we had strict limits on time, numbers of people, access, noise levels, and what we could set up.

- If you don't comply with Council requirements they can fine you. They can penalise for it.

- If something happens at a gathering on Council land and Council didn't take steps to regulate it, there's a potential that they can wear some liability if something goes wrong. Whether they will or won't is a separate matter. Councils hate spending money on legal bills.