Surf competitions - what is the legal basis for stopping other surfers from entering the water?
That's a good question.
My understanding is that the bigger events (ie ASP World Tour) have agreements with the various councils which allows them 'exclusivity' to particular areas during particular periods of time. Much in the same way the Melbourne Grand Prix occupies the street circuit surrounding Albert Park Lake.
For example during the Quiksilver Pro, freesurfers are allowed to surf Snapper Rocks before 8am and after 4pm on competition days, and otherwise whenever the contest isn't being run. However the end section at Snapper was patrolled by police (!) during the event to keep free surfers from paddling up into the competition zone. As such there must be some kind of enforceable law regarding water access to Snapper Rocks when the comp is on.
However I'm not sure at what level this stops as you work down the competition hierarchy. I'd imagine ASP Prime/Star/Speciality events would have the same arrangements with councils as per World Tour events, but how about State Titles and other smaller competitions? How about surf festivals such as the Australian Surf Festival at Port Macquarie, which can run on for weeks at a time?
As for local/club comps, I can't imagine there's anything legally binding. But perhaps someone with more knowledge on this topic can fill us in.
Bloody good question.
Councils are likely to want to offer the sort of arrangements Ben describes because its good for their peers and fellow members of the local chamber of commerce because its "good for business". Business not surfing.
The local industry (surf) will go along with it because while they want locals to shop in their shops 52 weeks a year they are willing to burn their customers for 2 or 3 weeks while the contest (?????) is on because its "good for business". Business not surfing.
If you follow surf contests (???) seriously either your are a pre-pubescent grommet that doesn't know any better or a dick head or both.
Wake up. Pro surf contests are all about marketing and branding and nothing to do with what 95% of surfers want or do.
I would love to see masses of surfers refuse to get out of the water at surf contests around the world. Let the councils or police take them to court and see if the cases stack up after all its public space we are talking about and unlike Albert Park the ocean cannot be fenced off.
I'm pretty sure that up to, and 2M past the high tide line, is open to everyone to use and this includes waterways, rivers and creeks.
Councils are not recognised under the Australian Constitution, so I'm unsure as to how much authority they can push onto the exclusive use of the beach and in the water, this may fall under state or federal legislation. Councils legally cannot impose a fine if you did.
As Ben pointed out, we need a legal eagle to shed some more light.
Whaaat???
I'm just wondering how bad it is going to become with ever more frequent surfing competitions.
They try to place the events when and where the surf is likely going to be good, and that stops everyone other than the competitors from surfing when the best waves are on.
What would happen if people just decided to ignore the comp and paddle out anyway?
Could they legally charge you with an offence?