List Manager's message Re: [canberrabirds] Re: Smoking in hides

["David McDonald (personal)" <>]

Hello all. As John has said, let's leave this discussion to off-line emails - so please do not send any more emails on this topic to the list, let's stick to discussing birding.
Thanks - David

-- 
David McDonald
Canberra Ornithologists Group email lists manager
1004 Norton Road, Wamboin, NSW 2620, Australia
Tel:    (02) 6238 3706
Fax:    (02) 9475 4274
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E-mail: m("canberrabirds.org.au","coglists-owner");">

On 7/01/2013 1:41 PM, John Martinet wrote:

Hi Kym,

Obviously we both feel very strongly about this issue so may I suggest we take this offline. 

I am heartened to have received a number of emails in support of my stance.

Furthermore, I believe that I have law on my side. Smoking is banned in enclosed public places in the Australian Capital Territory under the Smoke-Free Public Places Act 2003. I would argue that all hides at the wetlands fit this criteria. From the Act, sporting or recreational premises are covered by the act.^x

To be considered 'enclosed', a public place (or part of a public place) must have an overhead cover and be 75 per cent or more enclosed.^xi A public place is '75 per cent or more enclosed' if the area that opens directly to the outside air is 25 per cent or less of the total closed and open area of the walls and overhead cover.^xii

The reason why I have not confronted you might seem rude, but I am being pragmatic. I was physically assaulted at NSW nature park when telling a dog walker (with hound off leash chasing seabirds) that his dog was not allowed in the park.

Although I believe I have moral authority I have no power to enforce any rule and therefore rely on designated officers to do that for all of us. I will no longer confront wrong doers. Please forgive my rudeness.

As I said previously I am willing to continue this via my email above.

John M