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Strengthening Australia’s smoke and vape-free beach culture (north, and south, of the border)

Stopping for petrol in the mid north coast of New South Wales recently, I overheard a motorist exclaim about the price of petrol.

“It’s been falling steadily since I crossed the border” she said.  “Started out in Queensland this morning and it was $2.14” [$2.14 per litre].

She had just paid $1.70.

I was tempted to say: “Welcome to the great State of New South Wales”, but in a rare moment of tact I said nothing.

Then the guy at the cashier said: “Don’t worry, it’ll go up again as soon as you get near Sydney”.

Given the intense interstate rivalries that abound in our great island nation, tact may again be needed in this post.

Here goes.  Queensland: You’re 20 years behind the times. It’s time to develop a strategy for smoke-free and vape-free beaches. Start appreciating what you have.

At Greenmount beach, Coolangatta, if you look really, really carefully, there’s a sign prohibiting smoking. 

Along with camping and horse riding.  It’s easy to miss.

And smoking isn’t even really prohibited.

As far as Qld state law is concerned, the Tobacco and Other Smoking Products Act 1998 (Qld) prohibits smoking in the “patrolled area of a patrolled beach” (s 145), but otherwise it’s open slather.

On many Australian beaches, the area between the flags extending 50m seaward, and landwards up to any private land, is a relatively small part of total beach real estate.

Smokers seem to know this. A couple of weeks ago it certainly looked to be business as usual for smokers and vapers on Coolangatta’s beaches.

To its credit, Qld was once a leader – the first state, if I’m not mistaken – to expand its smoke-free legislation to include vaping.

Ten years ago, the Health and Other Legislation Amendment Act 2014 (Qld) expanded the definition of “smoke” to include the act of inhaling through a personal vaporiser.

A personal vaporiser – defined in such a way as to encompass a nicotine e-cigarette or nicotine vaping device – was also subsumed within the definition of a “smoking product” in order to extend smoke-free controls to e-cigarettes and vapes.

Local councils – leading the way

Twenty years ago, following the lead of Los Angeles, Sydney’s Warringah Council – which covers the beach and bayside suburb of Manly – became the first Australian local council to prohibit smoking on a public beach.

The beach smoking ban now extends to all beaches north of the harbour.

The beauty of these beaches and their surrounding ecosystems is astonishing, and they’re all smokefree.

And since 2018, smoke-free means vape-free in NSW as well.

South of Sydney harbour, smoking is banned at Bondi, Bronte and Tamarama.

And south of that, following a ban by Randwick Council, the ban continues at Coogee and Maroubra beaches.

It’s fresh air all the way.

What a nightmare for the tobacco and nicotine addiction industry.

Smoke-free beaches are a no-brainer on environmental grounds. Unless you’re a nutter who believes that smokers have a God-given right to spoil the environment.

Clean beaches also support better health outcomes for everyone.

Beaches are a sacred part of Australian culture – a place where families, people from all walks of life come together. The great leveller.

Keeping beaches smoke and vape-free severs the link between relaxation and nicotine addiction.

It says you don’t need to harm your body to enjoy yourself.

Sure, it’s paternalistic. Just like asking smokers to put their butts in the bin.

It’s Tugun or bust

Many a southerner has discovered, driving north to check out the Gold Coast, that there’s not a whole lot of point proceeding north of Burleigh Heads. Others would disagree, some vehemently.

No one disagrees that the southern tip of Queensland, around Coolangatta, is really lovely. 

Less crowded.  Plenty of gentle waves.  Great for kids. Nothing tacky here.

There’s glorious, gentle light in the early evening, and at the height of the day, that bright heat that Australians know so well.

Maybe that’s why the NSW-Qld state border, having negotiated several world-class national parks to the west, proceeds along the line of the Currumbin valley, only to lurch wildly southwards at Currumbin Waters in an undisguised land grab – clearly intended to keep the beauty of Coolangatta beaches within the sunshine state.

(If the line stayed straight at Currumbin Waters you’d cross the state border at Tugun beach).

But with ownership comes responsibility.

Hitherto it’s been local councils that have led the way in expanding smoke-free norms.

In Qld, section 154 of the Tobacco and Other Smoking Products Act 1998 enables a local government (such as Gold Coast City Council) to make local laws prohibiting smoking in an outdoor public place.

So what exactly is stopping Gold Coast City Council from protecting its beaches? Doesn’t it appreciate what it has?

And what’s stopping Qld, NSW – or any other state government – from becoming the first to legislate a complete smoking and vaping ban for all beaches in the state, no exceptions?

(Two weeks ago, a Qld beach…just north of Tugun)

Whether it’s Qld or NSW, a state government or a local council – more needs to be done to support Australia’s smoke-free and vape-free beach culture.

Sydney’s beaches might be better protected, legally speaking, but no one has grounds for being sanctimonious.

Progress towards a healthier environment can’t be taken for granted.

Milk beach, a “smoke-free” harbour-facing beach within Woollahra Council, Sydney

I remember colleagues at the California Public Health Department telling me once: we don’t impose new smoke-free controls, then bring in the cavalry till people’s behaviour changes.

Rather, we start by working very hard at the community level to change norms. Changing norms at the community level creates demand for law reform; it sucks stronger smoke-free controls into place, so to speak, keeps the community behind the laws and helps to enforce them.

Are you interested in studying health law? Maybe now’s the time. Sydney Law School’s Master of Health Law, and Master of Laws degrees give you access to a wide range of health law units within the areas of health care law, public health law, mental health law, global health law, and more.

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