# (VIC) Safety Beach- 15/8/09



## mtfisho (May 30, 2009)

Ahhhh....
Where do I start. Alright. 
Arrived 6:45ish to find Yakka there just about to unload the yak.
Soon enough Trytofish shows up with the Yellow outback. We yak about yaks for a bit.
Yakka stuffing around with rigs, fish finder me & TTF head in. I head straight for
the Mouth hoping for a few couta for the Snapper bait kitty. Nothing. Nothing for both of us.
Bigyakka heads out and ankers up finally thinking his gonna bait fish. No. Forgot the sinkers :lol: 
Back to the surf launch location for him. After he almost tips his yak. Azzo shows up. Soon after
Matty shows up. BigG heads back (with the sinkers) to have a go at bait fishing. While everyone
is setting up me & ttf head out hoping for a Squid but still nothing. Azzo comes out but goes
straight to the marina. Matty meets up with us and trys for a flatty. He went deep and I followed.
Wamo nice fat 40cm fish Matty gets. He ended up getting 4 keeping 2. Kept his Missus happy!
He has the secrets. I tried everything with nothing. Pretty much said stuff it and peddle into the Marina.
Soon followed by the Troops. Head in and a Salmon pretty much straight away. Released him!








One of many Salmon. This guy was a great little fighter!
Got 8 in the end kept 4. I was trolling as fast as I could and then Wam. An unusal fight.
Turned out to be a 46cm Flatty!When first measured went 45cm but at home it went 46cm.
Do these things grow when there dead?.(Well definitely Matt hasn't yet ;-) )








Was so happy about that one.
















A great day!

One thing I want to mention is what happen with Security. We were fishing when we were
approached by this big Security boat. He went wild at us. Absolute sicko!
He chased Matt up the entrance doing more that 45 knots :shock: :roll: 
He was like on drugs or something he was the worst out of the lot. He asked us to get out
so we were on our way then keeps asking following us. Taking pictures of the beautiful outback.
I still had my lure out and hooked a ***** and he asked me to cut the line. Well not asked....
I said not on my life mate and he just shook his head. We come out of the entrance and he follows
us out and even asks Azzos wife to get out of the marina when she was reading a book :evil: 
What a moron a complete tool. He rang the police and they showed up at the Carpark.
They took down our names but we then realized that him and the marina are mates as he said
"we are friends and I asked them if I could kayak fish down there and they said no" 
It's over now guys we aren't going to go into there again. I have done a few things. Contacted Victoria
police about it and DSE as they couldn't give us a location of where the law is.
What are your thoughts with this as we reckon that those cops and the marina are mates.
He reckons not even the owners are aloud to fish in there and that its a private waterway.
If you have a look on the net it actually says. No farmer can stop you from going on there land to find water for
a feed or drink. Nothing they said owned up. It is definitely not fair. Your thoughts?

Thanks for a great day guys, Mitch!


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## bigyakka (Mar 18, 2009)

Good day out on the water mitch and even something different from the marina, a big flattie from you. But on the flip side it looks like our run in the marina is over after having our license plates and licence numbers taken by the police. I thought we were respectfull and left the marina when we were asked but to be followed by a loudmouth papparazi the whole way out and to then have him float around out the front untill the police turned up is verging on ridiculous. Then to be greeted by the police with "So your the smart arse are you" was a bit rich. Oh well we finally have the answers weve all been searching for and the cops will come and they will charge you if you get done twice in there :twisted: It doesnt seen right but its not worth a fine and there is plenty of fish in the bay and over the next month or so when the weather warms up i think we will start to see things hotting up. Already reports of good early season, or is that late season snapper around mornington.  
I suggest to all others to keep fishing in there untill your numbers are taken by the cops and then give it a miss but just remember theyre not going to turn up every day but for us today must have been a slow day at the cop shop  
Cheers Big g


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## ScottLovig (Aug 7, 2006)

bigyakka said:


> Good day out on the water mitch and even something different from the marina, a big flattie from you. But on the flip side it looks like our run in the marina is over after having our license plates and licence numbers taken by the police. I thought we were respectfull and left the marina when we were asked but to be followed by a loudmouth papparazi the whole way out and to then have him float around out the front untill the police turned up is verging on ridiculous. Then to be greeted by the police with "So your the smart arse are you" was a bit rich. Oh well we finally have the answers weve all been searching for and the cops will come and they will charge you if you get done twice in there :twisted: It doesnt seen right but its not worth a fine and there is plenty of fish in the bay and over the next month or so when the weather warms up i think we will start to see things hotting up. Already reports of good early season, or is that late season snapper around mornington.
> I suggest to all others to keep fishing in there untill your numbers are taken by the cops and then give it a miss but just remember theyre not going to turn up every day but for us today must have been a slow day at the cop shop
> Cheers Big g


 :lol: :lol: Oh well it was comming sooner or later.

Saturday mornings have been a bit regular and the wallapers are probably sick of the whinging phone calls from Norm.

No problem. Snapper run starts soon and the ABT. Much more interesting.

Well done to the lads who have stuck it to the man. The security guys will be in the dole queue soon anyway.

Cheers

Scott


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## maccayak (Oct 20, 2008)

Scott. When and where are these ABT events?

Cheers Geoff


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## FazerPete (Mar 10, 2009)

Shall I say it? Yeah why not...I told you so. All you've done now is to shut down any chance topgunpete has of discussing this with the body corporate to maybe negotiate a compromise.


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## ScottLovig (Aug 7, 2006)

FazerPete said:


> Shall I say it? Yeah why not...I told you so. All you've done now is to shut down any chance topgunpete has of discussing this with the body corporate to maybe negotiate a compromise.


Thats just guess work on your part and a rather petulant response from someone who is realy just peeved at not not being agreed with.

Cheers

Scott


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## ScottLovig (Aug 7, 2006)

maccayak said:


> Scott. When and where are these ABT events?
> 
> Cheers Geoff


Stay tuned Geoff

The calander will be announced soon.

www.bream.com.au
www.hobiefishing.com.au

Cheers

Scott


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## FazerPete (Mar 10, 2009)

ScottLovig said:


> Thats just guess work on your part and a rather petulant response from someone who is realy just peeved at not not being agreed with.


Petulant? I don't think so. I couldn't give a rats whether anyone agrees with me or not, I'm just trying to get people to consider the bigger picture which I think is quite simple. Whether you like it or not, It's private property and legally they can make whatever rules they want.

I won't make any more comments on it because I think everything that could be said has been and people can make up their own minds. I do find it interesting that a retailer would make a personal comment about someone who happens to disagree with him though. Business must be good to not worry about driving off a potential customer. :?


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## ScottLovig (Aug 7, 2006)

FazerPete said:


> ScottLovig said:
> 
> 
> > Thats just guess work on your part and a rather petulant response from someone who is realy just peeved at not not being agreed with.
> ...


There have been plenty of wallys on forum that try to pull the driving off customer rubbish with me. Business is good and so is my self respect.

If you dont give a rats then why try stir the pot.

Lesson 1. How to lose friends and alienate people.

Cheers

Scott


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## ScottLovig (Aug 7, 2006)

:lol:

Thanks Eric

Cheers

Scott


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## spooled1 (Sep 16, 2005)

I could be wrong but I always believed waterways were classified as crown land? Areas not used exclusively for government purposes can be enjoyed by everyone.

So what if it's a private marina: As long as you stay on the water at all times and do not touch or interfere with any man made structure you're probably within the law. This is exactly the same regulation that pisses off the waterfront property owners in Point Piper and Watsons Bay in NSW - They haven't got a case if you don't touch their man made structures. The waterways - even canals, are open to all.


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## FazerPete (Mar 10, 2009)

So anyone who disagrees with you is a wally? Which customer service course did they teach that on?

All I'm doing is stating a point of view. If you'd like disagree then feel free to debate the topic on genuine and documented facts. If you know what the law is then why don't you put up some evidence of it and debate it like an adult instead of taking it personally? I'd like to be able to fish in there as much as anyone but if the owners, DPI and the police say that I can't then I won't. If you want to take on the police and the courts to test the case legally then feel free.


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## ScottLovig (Aug 7, 2006)

FazerPete said:


> So anyone who disagrees with you is a wally? Which customer service course did they teach that on?
> 
> All I'm doing is stating a point of view. If you'd like disagree then feel free to debate the topic on genuine and documented facts. If you know what the law is then why don't you put up some evidence of it and debate it like an adult instead of taking it personally? I'd like to be able to fish in there as much as anyone but if the owners, DPI and the police say that I can't then I won't. If you want to take on the police and the courts to test the case legally then feel free.


Anyone who tries to choke my free speech by holding my business interests over me is a wally.

I'm not debating the rights and wrongs of the marina.

I'm pointing out that you are acting poorly.

Cheers

Scott


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## FazerPete (Mar 10, 2009)

ScottLovig said:


> I'm pointing out that you are acting poorly.


That's funny, I was going to say the same thing.

Anyway, I think we'll just have to agree to disagree.


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## ScottLovig (Aug 7, 2006)

I dont agree to disagree mate.

If you want to fix this then you owe an appology to the likes of Mtfisho and others that were down there on Saturday standing up themselves.

Cheers

Scott


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## spooled1 (Sep 16, 2005)

I doubt your buddies at the Marina have a leg to stand on but this might be some valuable ammo to get you started:



> Crown land water frontages
> 
> A crown land water frontage is any strip of crown land that runs alongside designated rivers and streams. The Department of Sustainability and Environment (DSE) is responsible for the management of these water frontages unless it has issued a licence to someone, in which case the licensee is responsible.
> 
> ...


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## ScottLovig (Aug 7, 2006)

Thanks Dan

Cheers

Scott


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## FazerPete (Mar 10, 2009)

Scott, I'm not apologising. I still think they were wrong for doing it and I'm not going to say otherwise.



eric said:


> It's private, we cannot go in there unless invited or own property. Good luck Fazer, you remain our only hope of fishing these waters.


Thanks for the support eric, but topgunpete is our main chance as he's already got some sort of dialogue happening with the body corporate so I don't want to step on his toes. I'm happy to help him in any way I can but he's our man so rally behind him.


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## spooled1 (Sep 16, 2005)

eric said:


> Message from DSE re Martha Cove.
> 
> The Department of Sustainability and Environment (DSE) has received a number of queries regarding public access for recreational fishing purposes at the recently developed Martha Cove, Safety Beach. The Martha Cove development Safety Beach incorporates what was known as Tassells creek and part of the immediate surrounds of the creek entrance into Port Phillip Bay. The rock groynes form part of the DSE lease and freehold land, and as such there is no right of public access. As well, the rock groynes were built as overtopping structures, which under moderate to severe sea conditions would be inappropriate for public access. Tassells creek is also freehold land which is now incorporated into the Martha Cove development, and *as such there is no right of public access.*
> 
> It's private, we cannot go in there unless invited or own property. Good luck Fazer, you remain our only hope of fishing these waters.


OK, Clearly the groynes and structures form part of the Crown land leasehold but where is the exact DSE legislation that states ownership of the tidal water that presumably moves in and out of that leasehold?

I'd say Eric's DSE response is based on the structures and the assumption that the structures and property would be compromised in some way. If you enter Martha Cove without touching Martha Cove structures, I doubt they could do a thing about it. I could be wrong but it would be worth finding the supporting legislation to be 100% clear whether or not you're getting railroaded.


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## ArWeTherYet (Mar 25, 2007)

spooled1 said:


> I doubt your buddies at the Marina have a leg to stand on but this might be some valuable ammo to get you started:
> 
> 
> 
> ...


That's what I thought, but it may be possible to own the land under the water, there for your in the perimeter of private property. If it was private property before hand and they cut water ways into there own land then its probably still theres. A lot of canals are handed over to local governments to manage them and while residents pay extra on there rates for the up keep, the water ways stay property of the council.

Very grey area, I wouldn't push the point without seeking legal clarification.


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## bilby (Sep 2, 2008)

Good luck if Topgun can get a look in but i think the boffins have made up there minds on this one. Just another case of political goons running the country.
Bilby.


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## mtfisho (May 30, 2009)

ScottLovig said:


> I dont agree to disagree mate.
> 
> If you want to fix this then you owe an appology to the likes of Mtfisho and others that were down there on Saturday standing up themselves.
> 
> ...


 ;-) That was one nasty security guard the old coot. :lol: 
I have contacted the owners of the Marina complaining about how fast he was going in the boat. I sent the message 10 times to get there attention :lol: :twisted: They haven't replied yet but when they do I'll keep yas posted. To be honest I don't really care about anyones opinion because its not an answer and most of the time not right. (EDIT:Only opinions that don't involve fights that occurs to)

Thanks, Mitch


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## evarn (Jul 10, 2006)

Just adding my two cents, but there's so much PPB to fish and to miss out on a cr%$hole like Martha Cove doesn't phase me a bit. My only hope is that if there's a massive storm one day and I get stuck, I can safely shelter there without fear of prosecution. Given that these developers are going broke, I dare say it may become public land one day soon enough. (don't get me started on realestate)

As for trying to threaten Scottie's business, I think that's bad form too... He's one of Howard's battlers and deserves all the support he can get. I make sure to tell everyone I know to go checkout all the yak stores around the place before they see him! ;-) The guy struggles to make a living as it is and can't even afford a proper driveway! poor bastard

Anyway... given the state of yak fishing and it's emergence as a true force in the angling community, little family quarrels like this are hardly going to hurt us!

Long Live the Yak!


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## azzo (Apr 4, 2009)

Felt I should say the following as I was actually there....
We were not upset at being told we were in the wrong or we should not fish there, we were taking issue with the way we were treated and the lack of consideration for our supposed rights as normal everyday citizens. Nowhere can it be seen in the waterway any sign indicating "no"
ie: fishing paddling or peddling or even reading a book.
Reading a book?
yep the so called security guard virtually pushed my wife out of the marina with his big ole stink boat and proceeded to harass her even when She had left the marina and was 100 meters from its entrance. In fact did not stop circling and annoying her for another ten minutes. What was She doing that was so bad. She was paddling along trying to get used to her new purchase(first time in the water ) and reading a book, Boy in the striped PJ's or some other non fishing read. Point is this, There are ways to treat people and thats not a good one. In fact All he did was get me and others riled. clearly that was his actual intent.

Now if defending that position while no one( including the local constabulary can show me something that legislates this problem is wrong you better book me danno cause thats just plain crap....................

I am happy to fish the bay but it is difficult in those conditions we were presented with on Saturday and not being that confident in my own Yak yet (let alone my wife's first day on hers, the marina presented a good safe option for her and a fish for me.....

I don't understand the logic considering here at Patterson Lakes I can fish to my hearts content in the housed areas which to me are just an old version of the safety beach development. No one gets upset. same rules apply one would think......

what's it like on the gold coast??? anyone care to advise?

Anyway what does it matter 
So we cannot fish there 
Oh well move on
lets just look forward to the red invasion happening when the tee trees bloom and maybe some big squiddlers down at Flinders.....

Oh and Frazer - back off on the Pick on the retailer comments -nobody likes them and nobody deserves them, least of all Lovig.... I am yet to meet someone who supports yakking with more than just words as much as Scott does.

So thats my two bob and its spent
looking forward to fishing patto more now anyway

Azzo
(aka Grumpy Old Wog Boy) ;-)


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