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Thread: Who has the power ????

  1. #1

    Question Who has the power ????

    Can someone tell me what powers each of these three departments have DPI&F, EPA & police.
    • Who has the right to board your boat & search it
    • Who can pull you over for speeding in a go slow zone etc.
    • etc
    • etc
    I assmue the police have the most power but what about the EPA and DPI&F
    Maturity is not when we start speaking BIG things,it is when we start understanding small things

  2. #2

    Re: Who has the power ????

    I think DPI&F have the right to search your boat regarding catches and check for legal sizes etc...
    Police for the speeding and general rule breaking and safety gear checks etc.
    EPA... dunno.

  3. #3

    Re: Who has the power ????

    Police are authorised to do the lot.

    DPI&F do the fishy side of things.

    Then you have Marine Inspectors do rego, licence and safety side of things.

    EPA look at things that can cause the invironment harm.

    this is my understanding anyway

    neil

  4. #4

    Re: Who has the power ????

    Its all buried in legislation and is very hard to extract. I have been through some of it before but you would need a full time lawer for a couple of months to get a full answer.

    There is a huge overlap in dutied performed by all organisations. DPI&F (boating and fisheries patrol), Police, both state and federal, EPA, Queensland Transport, and some of the lesser known (forgive me if incorrectly named) Customs Maratime Unit and AMSA.

    The main questions you ask, to board you boat are any of the above, but typically it will be QLD Police and Queensland Boating and Fisheries Patrol.

    Speeding in a go slow zone would be the same I would guess. SPURS legislation may dictate who can hand out infringment notices.

    As for EPA? Well the NQ lads may be able to tell us if they have ever seen EPA (parks and wildlife) enforcing the GBRMP.


  5. #5

    Re: Who has the power ????

    As far as I know, Police, DPI&F and Boating patrol are the only ones that are allowed without cause and the only ones I would allow. Everyone else can go jump as far as I'm concerned.

    I have seen the GBRMPA once on the water, and they did not get a very good reception at all when they approached me, not just because of who they are, but because I was at anchor and the dickheads nearly ran me over. They've got no chance of boarding my boat whether I am doing something illegal or not. As far as I'm concerned, they had no right taking away parts of our reef, and they have no right to even think about attempting to harrass me.

    EPA, GBRMPA and any other environmental tosser has no right to board your vessel at all whether you are in a green zone or not, the most they can do is give you an infringment notice and be off. They do not have access to your engine while at sea (or any other time for that matter) no matter what they tell you, if they want to test your boat for emmisions as someone else has said, the reports and diagnostics can be sourced from the manufacturer, we are not the ones who are responsible for emmissions stardards, that onus falls on the manufacturer.

  6. #6

    Re: Who has the power ????

    I had a GBRMPA boat pull up next to me at hinchinbrook one day they asked if I had fish in the esky I told them had just got there and only had bait in the esky . they then asked if I was aware of the different zones I said that yes I was and had a zone chart in the console . they then said goodby6e and motored of .these guys were not fishos or water police but GBRMPA inspectors . I don't know what they can and can't do.
    Stuie
    IF IT CAN'T EAT A WHOLE PILLY I DON'T WANT IT

  7. #7

    Re: Who has the power ????

    Anybody can board my boat if they want.
    I haven't got anything to hide and who am I to argue??
    I intend on living for-ever....so far so good


  8. #8

    Re: Who has the power ????

    I agree finga. Piracy off Townsville is not a real issue so if they are in a recognised uniform or show suitable identification they can certainly board my boat and check my catch, licenses etc. Going by my recent lack of success I would be happy for a fish in my esky and someone to show it off to.

    What we have to realise is most of these people operate on the 'attitude test'. Fail the attitude test and it is usually and indication of a guilty mind based on the old addage 'the best form of defence is attack'.

    If we have nothing to hide and are the guniune fishing conservation minded people who want to exercise their right to enjoy this great sport/recreation we should conduct ourselves in such a manner and be open and honest. That's if we want to be taken seriously.

  9. #9

    Re: Who has the power ????

    nicely put castaway. if in any doubt...ask the inspector about their job and authority... they may even have some information that may be of some benefit to you.

    generally enforcement officers are not akin to the 'gastapo'...just like minded boaties and fishers who cant get enough of it!! i'm sure they'd be happy if they never had to book anyone and spoil the day...

  10. #10

    Re: Who has the power ????

    another law is that if the skipper of the vessel deems the conditions "unsafe" to board your vessel they "CAN NOT BOARD YOUR BOAT " and if they do it's an act of piracy and can be charged for it.
    on the other hand if there was nobody going out and "RAPING" the fish stocks for the black market as there are we wouldn't need so much attention and policing.
    pickers

  11. #11

    Re: Who has the power ????

    For most of us there are practicality issues with boarding our vesels.

    There would be signifacant workplace health and safety issues for a government employee stepping of a nice safe and well equiped government vessel and onto another of unknown compliance.

    In short they wont be stepping off their nice comfy boat with out a very good reason.

    I believe the police can more or less do what they like if they have a "resaonable suspicon". Police can zip you for undersized or illegal catch.
    But they are more likly to be checking regestration, licence and safety equipment.... and very likley on water breath tests.
    DUI would be a reasonable cause to board and take control of your vessel if there was no one capable of taking charge.

    Boating and Fisheries partol, cover anything related to fisheries inforcement and operation of small craft. They will be primarily looking at catch and bag....and most certainly will be checking safety equipment.

    Most of the powers of boarding, searching and or taking controll of a vessel are framed with large vesels and crimes in mind.

    I have been inspected twice in the last few months once by each police and boating & fisheries.
    From both the script was more or less the same.
    After observation ( remember they watch you first ) enquire about catch, licence, and life jackets.
    The coppers get more into what ya doing and where are you goin'.

    The 3 big targets are....size and bag, capacity label, life jackets.

    The best response I think is..." how are you doin'... what would you like to see?"



    cheers
    Its the details, those little details, that make the difference.

  12. #12

    Re: Who has the power ????

    well there is two ways about this. they will ask you first can they board you vessel.1.you can say yes and they board your vessel and go about their duties and find nothing and they will be on their way with no harm done to your wallet.
    or 2. you can tell them to f off and they will meet you at the boat ramp and will certainally ruin your whole days fishing and they can even impound all of your belonging's till it is heard in court.now would'nt option 1 be better or are you hideing something from them they will sit and watch you from a distance all day long this is what they get paid to do.

  13. #13

    Re: Who has the power ????

    Quote Originally Posted by pickers View Post
    another law is that if the skipper of the vessel deems the conditions "unsafe" to board your vessel they "CAN NOT BOARD YOUR BOAT " and if they do it's an act of piracy and can be charged for it.
    on the other hand if there was nobody going out and "RAPING" the fish stocks for the black market as there are we wouldn't need so much attention and policing.
    pickers
    Can you provide a reference to this law? I would like to see this.

    Furthermore, what deems a boat 'unsafe' to board? If you are on it, it must be reasonably ok, otherwise the authorities are probably there to rescue you. I reckon this may be a tough one to argue in court.


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