{"id":"liquor-control-jarlmadangah-burru-restricted-area-regulations-2019","name":"Liquor Control (Jarlmadangah Burru Restricted Area) Regulations 2019","slug":"liquor-control-jarlmadangah-burru-restricted-area-regulations-2019","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178628,"registerId":"wa-liquor-control-jarlmadangah-burru-restricted-area-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Liquor Control (Jarlmadangah Burru Restricted Area) Regulations 2019","content":"![Crest]()Western Australia\n\nLiquor Control Act 1988\n\nLiquor Control (Jarlmadangah Burru Restricted Area) Regulations 2019\n\nWestern Australia\n\nLiquor Control (Jarlmadangah Burru Restricted Area) Regulations 2019\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Exempt person 2\n\nPart 2 — Restricted area\n\n5. Declaration of restricted area 3\n\n6. Notice of restricted area 3\n\nPart 3 — Prohibitions and related provisions\n\n7. Prohibitions as to liquor in the Jarlmadangah Burru Aboriginal Community 4\n\n8. Exceptions to r. 7 4\n\n9. Seizure and disposal of containers of liquor 5\n\nPart 4 — Period of effect\n\n10. Period during which these regulations have effect 6\n\nPart 5 — *Liquor Control Regulations 1989* amended\n\n11. Regulations amended 7\n\n12. Regulation 27 amended 7\n\nNotes\n\nCompilation table 8\n\nOther notes 8\n\nDefined terms\n\n  \n\nLiquor Control Act 1988\n\nLiquor Control (Jarlmadangah Burru Restricted Area) Regulations 2019\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Liquor Control (Jarlmadangah Burru Restricted Area) Regulations 2019*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Terms used\n\nIn these regulations —\n\nexempt person has the meaning given in regulation 4;\n\nJarlmadangah Burru Aboriginal Community means the area of land described as Reserve 41497 being Lot 237 on Deposited Plan 91781 and being the whole of the land in Record of Qualified Certificate of Crown Land Title Volume LR3061 Folio 67;\n\nKimberley Dreamtime Adventure Tours camp area means the area of land bounded by a line commencing at the  \nnorth‑easternmost point of the Jarlmadangah Burru Aboriginal Community (the commencement point) and extending —\n\n(a) south for a distance of 560 m; then\n\n(b) west for a distance of 270 m; then\n\n(c) north for a distance of 542 m; then\n\n(d) generally easterly along the northern boundary of the Jarlmadangah Burru Aboriginal Community to the commencement point.\n\n##### 4. Exempt person\n\nFor the purposes of these regulations, a person is an exempt person if the person is —\n\n(a) staying at a place that is at least 50 km from their usual place of residence for a period of at least 1 night; and\n\n(b) intending to stay away from their usual place of residence for a period of less than 12 months; and\n\n(c) not in the course of travelling on a regular journey between their usual place of residence and their place of work or education; and\n\n(d) travelling in the course of a holiday or for leisure, business, to visit friends or relatives, or for any other reason; and\n\n(e) not usually a resident in a restricted area declared under section 175(1a) of the Act.\n\n## Part 2 — Restricted area\n\n##### 5. Declaration of restricted area\n\nThe Jarlmadangah Burru Aboriginal Community is declared to be a restricted area for the purposes of section 175(1a) of the Act.\n\n##### 6. Notice of restricted area\n\n(1) The Director of Liquor Licensing must take all reasonable steps to cause to be posted, and while the Jarlmadangah Burru Aboriginal Community continues to be a restricted area by operation of regulation 5 to be kept posted, at each place where a customary access route enters the Jarlmadangah Burru Aboriginal Community a notice —\n\n(a) describing the offences set out in regulation 7; and\n\n(b) specifying the penalties for those offences.\n\n(2) A failure to comply with subregulation (1) does not invalidate the declaration in regulation 5.\n\n## Part 3 — Prohibitions and related provisions\n\n##### 7. Prohibitions as to liquor in the Jarlmadangah Burru Aboriginal Community\n\n(1) Subject to regulation 8, a person commits an offence if the person —\n\n(a) brings liquor into, or causes liquor to be brought into, the Jarlmadangah Burru Aboriginal Community; or\n\n(b) possesses liquor in the Jarlmadangah Burru Aboriginal Community.\n\nPenalty for this subregulation:\n\n(a) if subregulation (2) applies — a fine of $5 000;\n\n(b) in any other case — a fine of $2 000.\n\n(2) This subregulation applies to an offence under subregulation (1) committed by a licensee, a manager of licensed premises or a director of a body corporate that holds a licence.\n\n##### 8. Exceptions to r. 7\n\nA person who is an exempt person does not commit an offence under regulation 7(1) if —\n\n(a) the person is in the Kimberley Dreamtime Adventure Tours camp area and continuously maintains possession of, or consumes, the liquor; or\n\n(b) the person is in any other part of the Jarlmadangah Burru Aboriginal Community north of Geocentric Datum of Australia 2020 (GDA2020) 18.005°S latitude and continuously maintains possession of, but does not consume, the liquor.\n\n##### 9. Seizure and disposal of containers of liquor\n\nDespite section 155(4) and (5) of the Act, a member of the Police Force may seize and, as soon as is practicable, dispose of any opened or unopened container of liquor suspected on reasonable grounds to be the subject of an offence under regulation 7.\n\n## Part 4 — Period of effect\n\n##### 10. Period during which these regulations have effect\n\nUnless sooner repealed, these regulations have effect for the period that ends at the close of 13 December 2028.\n\n[Regulation 10 amended: SL 2022/199 r. 6; SL 2023/109 r. 6.]\n\n## Part 5 — *Liquor Control Regulations 1989* amended\n\n##### 11. Regulations amended\n\nThis Part amends the *Liquor Control Regulations 1989*.\n\n##### 12. Regulation 27 amended\n\nIn regulation 27(4) in the Table insert in alphabetical order:\n\n| *Liquor Control (Jarlmadangah Burru Restricted Area) Regulations 2019* regulation 7(1) |\n| --- |\n\n\n![]()\n\nNotes\n\nThis is a compilation of the *Liquor Control (Jarlmadangah Burru Restricted Area) Regulations 2019* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Liquor Control (Jarlmadangah Burru Restricted Area) Regulations 2019* 1 | 13 Dec 2019 p. 4241‑3 | r. 1 and 2: 13 Dec 2019 (see r. 2(a));   Regulations other than r. 1 and 2: 14 Dec 2019 (see r. 2(b)) |\n| *Racing and Gaming Regulations Amendment (Liquor Control) Regulations (No. 4) 2022* Pt. 3 | 18 Nov 2022 SL 2022/199 | 19 Nov 2022 (see r. 2(b)) |\n| *Racing and Gaming Regulations Amendment (Liquor Control) Regulations (No. 2) 2023* Pt. 3 | 12 Jul 2023 SL 2023/109 | 13 Jul 2023 (see r. 2(b)) |\n\n\nOther notes\n\n1 These regulations expire at the close of 13 December 2028 (see r. 10).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncommencement point 3\n\nexempt person 3, 4\n\nJarlmadangah Burru Aboriginal Community 3\n\nKimberley Dreamtime Adventure Tours camp area 3\n\n© State of Western Australia 2023.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations change the legal status of the Jarlmadangah Burru Aboriginal Community by declaring it a restricted area under section 175(1a) of the Act and by creating new criminal prohibitions on bringing in or possessing liquor, with specified exceptions, seizure/disposal powers, posting requirements, and an expiry of 13 December 2028 (regs 5–10, 12)."},"complexity_factors":["Precise geographic definitions and mapped camp area that determine where rules apply (reg 3; reg 5).","Multi‑criteria definition of an 'exempt person' (distance, duration, travel purpose, usual residence) creating factual inquiries for enforcement (reg 4).","Differentiated penalties depending on status of offender (higher fines for licensees/managers/directors) (reg 7(1)–(2)).","Spatially conditional exceptions tied to consumption or continuous possession and a latitude line (reg 8).","Police power to seize and promptly dispose of containers despite standard limits in the Act (reg 9; note interaction with s.155(4)–(5) of the Act).","Administrative duty to post notices at customary access routes but declaration remains valid even if notices are not posted (reg 6(1)–(2)).","Time‑limited operation with an explicit expiry date, and recorded subsequent amendments (reg 10; compilation table).","Amendment to the broader Liquor Control Regulations to list the new offence for enforcement/penalty purposes (reg 12)."],"plain_english_summary":"These regulations declare the Jarlmadangah Burru Aboriginal Community a liquor‑restricted area and make it an offence to bring or possess liquor there, with higher fines for licensees (regs 5, 7). They provide limited exceptions for certain travellers and a named camp area, authorise police to seize and dispose of containers, require notices at customary access routes, amend the Liquor Control Regulations, and operate until 13 December 2028 (regs 4, 6, 8, 9, 10, 12)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a restricted area for alcohol in the Jarlmadangah Burru Aboriginal Community. The 2022 and 2023 amendments visible in the compilation table only extended the expiry date (regulation 10), which is a standard administrative update for time-limited restrictions, not an expansion of substantive scope."},"complexity_factors":["Only 5 defined terms in the interpretation section (regulation 3)","Simple conditional structure: general prohibition in reg 7, single exception clause in reg 8","No nested exceptions or complex cross-referencing — only references to the parent Act (Liquor Control Act 1988) for definitions of 'licensee' and seizure powers","Geographic definitions are precise but straightforward (metes and bounds description for camp area, latitude coordinate for northern boundary)","Single amendment to another regulation (insertion of one entry into a table in the Liquor Control Regulations 1989)","Limited duration clause with straightforward sunset date (13 December 2028)"],"plain_english_summary":"These regulations create a **dry zone** (restricted area) for alcohol in the Jarlmadangah Burru Aboriginal Community in Western Australia's Kimberley region.\n\n**What it does:**\n- **Bans bringing alcohol into** or **possessing alcohol** within the Jarlmadangah Burru Aboriginal Community (a specific area of Crown land/reserve).\n- **Exceptions:** Tourists and short-term visitors (\"exempt persons\") can possess alcohol in two specific circumstances:\n  - In the designated \"Kimberley Dreamtime Adventure Tours camp area\" — they can possess **and drink** it there.\n  - In the northern part of the community (north of a specific latitude line) — they can **possess but not drink** it.\n- **Higher penalties** apply to liquor licensees, managers, or company directors ($5,000 fine) compared to ordinary people ($2,000 fine).\n- **Police powers:** Officers can seize and dispose of any alcohol containers (opened or unopened) if they reasonably suspect an offence.\n- **Duration:** The rules automatically expire on 13 December 2028 unless repealed earlier.\n- **Signage:** The Director of Liquor Licensing must post notices at entry points warning about the offences and penalties, though failure to do so doesn't invalidate the ban.\n\n**Who it affects:**\n- Residents and visitors to the Jarlmadangah Burru Aboriginal Community.\n- Tourists on organised tours (who get limited exemptions).\n- Police and liquor licensing authorities.\n\n**Why it matters:**\nThis is a targeted alcohol restriction designed to reduce alcohol-related harm in a specific Aboriginal community, while allowing limited flexibility for tourism operations. It reflects Western Australia's broader framework of \"restricted areas\" under the Liquor Control Act 1988, which allows alcohol bans in specific communities to address community safety and health concerns."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the regulation's title alone, there is no indication the scope changed from its original intent. WA restricted area regulations of this type are narrowly targeted instruments that generally do exactly what their title describes — declaring a specific named community a restricted area under the Liquor Control Act. No text was available to confirm or contradict this assessment."},"complexity_factors":["Regulations of this type are typically short and formulaic, following a standard template used across many similar WA restricted area declarations","The operative provisions are generally straightforward — defining the area, declaring it restricted, and applying standard Liquor Control Act offence provisions","No text was actually available for analysis, limiting the ability to identify any unusual complexity"],"plain_english_summary":"This regulation would designate the Jarlmadangah Burru community (Kimberley, WA) a restricted area under the Liquor Control Act 1988, meaning bringing, possessing or consuming alcohol there would be prohibited or tightly controlled. It primarily affects community residents and visitors and is intended as a community-led measure to reduce alcohol-related harm and improve safety.\n\nCaveat: the regulation text was unavailable, so specific boundaries, exemptions and penalties cannot be confirmed."}},"importantCases":[],"_links":{"self":"/api/acts/liquor-control-jarlmadangah-burru-restricted-area-regulations-2019","history":"/api/acts/liquor-control-jarlmadangah-burru-restricted-area-regulations-2019/history","analysis":"/api/acts/liquor-control-jarlmadangah-burru-restricted-area-regulations-2019/analysis","conflicts":"/api/acts/liquor-control-jarlmadangah-burru-restricted-area-regulations-2019/conflicts","importantCases":"/api/acts/liquor-control-jarlmadangah-burru-restricted-area-regulations-2019/important-cases","documents":"/api/acts/liquor-control-jarlmadangah-burru-restricted-area-regulations-2019/documents"}}