Surfers in Byron Bay can now be fined for not wearing a leg rope after a groundbreaking decision by the local council.
Byron Shire Council has unanimously passed a motion making the safety devices compulsory.
The council will put up signs on its beaches to advise surfers they must wear leg ropes, or risk receiving a fine.
The use of leg ropes in the Byron Bay area was highlighted in February when former pro surfer Mathew Cassidy suffered a serious arm injury after being hit by a loose longboard at Wategos Beach.
He said the decision by the council was a great result.
"It sends the right message that people are starting to take it seriously, that surf safety is something we should have top of mind when we enter the water," he said.
"I think if it helps just one kid hanging out at the lagoon at the Pass not get hit in the head by a mal, they've done the right thing."
The motion was put forward by Cate Coorey, who said it was about sending a message to the surfing community.
"This is not all about being punitive," she said.
"It's about changing the culture and saying, 'this is for other people's safety'."
Cr Coorey said there was strong support from the community for mandatory leg ropes, including from surfers.
"Some have said, 'surfers are a rebellious community and they won't support it', but they nearly all do because they nearly all wear leg ropes," she said.
Enforcement will be tricky
Under the current state legislation, not wearing a leg rope could be punished by an on-the-spot fine of $75, or maximum fines imposed by a court of up to $1,100.
Legal advice provided to councillors ahead of the meeting said the leg rope rule would be difficult to enforce.
"The offence ... is not just about engaging in certain conduct [not wearing a leg rope], but engaging in that conduct contrary to a notice," the report said.
The legal advice said that to establish the offence to a criminal standard, the council would need to prove that a surfer was not wearing their leg rope, and that they had passed "near enough to a notice prior to entering the water that they could be said to have acted contrary to it".
Councillor Mark Swivel, who is also a lawyer, said the council would need to encourage the community to follow "the spirit of the measure" using media and promotional campaigns.
"There are plenty of laws, as we all know, including planning laws and regulations, that go unenforced," he said.
"The idea here is to send a signal to the community to try to establish what standards ought to be, and to back up the people who are trying to do the right thing."
