{"id":"lombadina-community-incorporated-bylaws-1982","name":"Lombadina Community Incorporated By-laws 1982","slug":"lombadina-community-incorporated-by-laws-1982","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178850,"registerId":"wa-lombadina-community-incorporated-bylaws-1982-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Lombadina Community Incorporated By-laws 1982","content":"![Crest]()Western Australia\n\nAboriginal Communities Act 1979\n\nLombadina Community Incorporated By-laws 1982\n\nWestern Australia\n\nLombadina Community Incorporated By-laws 1982\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Definitions 1\n\nPart 2 — Land\n\n3. Permission required to enter and remain on community land 3\n\n4. Restriction of entry to areas 3\n\n5. Homes 4\n\nPart 3 — Traffic\n\n6. Traffic signs 5\n\n7. Careless and dangerous driving 5\n\nPart 4 — The regulation of other matters\n\n8. Wilful damage 6\n\n9. Litter 6\n\n10. Offensive behaviour 6\n\n11. Disruption of meetings 6\n\n12. Alcohol 6\n\n13. Fires 7\n\nPart 5 — Enforcement and proceedings\n\n14. Powers of police 8\n\n15. Offences 8\n\n16. Penalties 8\n\n17. Defence of acting under custom 9\n\nNotes\n\nCompilation table 10\n\nDefined terms\n\n  \n\nWestern Australia\n\nAboriginal Communities Act 1979\n\nLombadina Community Incorporated By‑laws 1982\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese by‑laws may be called the *Lombadina Community Incorporated By‑laws 1982* 1.\n\n##### 2. Definitions\n\nIn these by‑laws, unless the context requires otherwise —\n\n  by‑law means one of these by‑laws;\n\n  community land means that land declared by the Governor under section 6 of the Act to be the community lands of the community;\n\n  member of the community means any person who is accepted as a member of the community for the time being;\n\n  sub‑bylaw means sub‑bylaw of the by‑law in which the term is used;\n\n  the Act means the *Aboriginal Communities Act 1979*;\n\n  the administrative area means that part of community land described in Department of Lands and Surveys 2 Miscellaneous Plan No. 1096;\n\n  the Administrator means the person who is and is acknowledged by the Council to be the Administrator for the time being of the community or a delegate of that person appointed by him orally or in writing;\n\n  the community means the Lombadina Aboriginal community;\n\n  the Council means the council constituted by the constitution of the Lombadina Community Incorporated.\n\n## Part 2 — Land\n\n##### 3. Permission required to enter and remain on community land\n\n(1) Except as provided to the contrary in any Act or regulations, a person who is not a member of the community shall not enter or remain on community land without the prior permission of the Council.\n\n(2) The permission mentioned in sub‑bylaw (1) —\n\n(a) may be given or refused orally or in writing;\n\n(b) may be given subject to such terms, conditions and restrictions as the Council thinks fit; and\n\n(c) may be revoked by the Council at any time orally or in writing.\n\n(3) A person who enters or remains on community land contrary to sub‑bylaw (1) or who, having been given the permission mentioned in sub‑bylaw (1) subject to any term, condition or restriction, does not comply with that term condition or restriction commits an offence.\n\n(4) In this by‑law community land does not include the administrative area and nothing in this by‑law prevents a person who has a *bona fide* reason for being on the administrative area, and is authorised by the Administrator to be there, from entering or being on another part of community land for the purpose of passing to or from the administrative area.\n\n##### 4. Restriction of entry to areas\n\n(1) The Council may cause signs to be placed on community land for the purpose of prohibiting entry to the part of community land on which the sign is placed or to the part of community land indicated by the inscription on the sign.\n\n(2) Except as provided to the contrary in any Act or regulations an inscription on a sign erected under sub‑bylaw (1) operates and has effect according to its tenor and any person who does not obey a direction in the inscription commits an offence.\n\n##### 5. Homes\n\nA person who is in a home other than his own shall leave that home if and when he is directed to do so by an occupier of that home.\n\n## Part 3 — Traffic\n\n##### 6. Traffic signs\n\n(1) The Council may cause signs called “traffic signs” to be placed on community land for the purpose of prohibiting, regulating or guiding vehicle traffic.\n\n(2) The inscription on a traffic sign operates and has effect according to its tenor and subject to sub‑bylaw (3), any person who does not obey a direction in the inscription on a traffic sign commits an offence.\n\n##### 7. Careless and dangerous driving\n\n(1) No person shall drive a vehicle on community land at a speed, or in any other manner, that is, having regard to all the circumstances of the case, dangerous to the public or to any person.\n\n(2) No person shall drive a vehicle on community land without due care and attention.\n\n## Part 4 — The regulation of other matters\n\n##### 8. Wilful damage\n\nNo person shall wilfully damage any tree, bush, flower, lawn, building, structure, vehicle or other thing.\n\n##### 9. Litter\n\n(1) No person shall leave any rubbish or litter in a home, or in an enclosure around a home, without the permission of an occupier of that home.\n\n(2) In places or areas other than those mentioned in sub‑bylaw (1) no person shall leave any rubbish or litter except in a rubbish bin or area set aside by the Council for leaving rubbish and litter.\n\n##### 10. Offensive behaviour\n\nNo person shall cause a disturbance or annoyance to other persons by using abusive language, fighting, or otherwise behaving in an offensive or disorderly manner.\n\n##### 11. Disruption of meetings\n\nNo person shall interrupt any meeting of the Council or the community, or any customary meeting, by noise or any other offensive or disorderly behaviour.\n\n##### 12. Alcohol\n\n(1) No person shall bring alcohol onto community land, or possess, use or supply alcohol on community land, without prior permission given under this by‑law.\n\n(2) The permission mentioned in sub‑bylaw (1) —\n\n(a) may be given by the Council in relation to community land other than the administrative area and by the Administrator in relation to the administrative area;\n\n(b) may be given or refused orally or in writing;\n\n(c) may be given subject to such terms, conditions and restrictions as the giver thinks fit;\n\n(d) may be revoked by the giver at any time orally or in writing.\n\n(3) In determining whether or not to give the permission mentioned in sub‑bylaw (1), the welfare of the community shall be the paramount consideration.\n\n(4) A person who brings alcohol onto community land, or possesses, uses or supplies alcohol on community land, contrary to sub‑bylaw (1) or who, having been given the permission mentioned in sub‑bylaw (1) subject to any term, condition or restriction, does not comply with that term, condition or restriction commits an offence.\n\n(5) A person who has the permission of the Administrator to bring alcohol onto the administrative area shall be deemed to have permission under this by‑law to bring that alcohol onto another part of community land for the purpose of taking it to the administrative area.\n\n##### 13. Fires\n\n(1) A person shall not without the permission of the Council kindle, light, make or use a fire other than in a place set aside by the Council for that purpose.\n\n(2) Sub‑bylaw (1) does not apply to a fire for cooking or heating purposes in a fireplace in a home or used in conjunction with a home.\n\n(3) Nothing in this by‑law authorises a person to light a fire in an open fireplace in contravention of the *Bush Fires Act 1954*.\n\n## Part 5 — Enforcement and proceedings\n\n##### 14. Powers of police\n\n(1) Where any person has committed or is committing an offence against a by‑law and it appears likely that injury to persons or damage to property will be caused by that person, a member of the police force may apprehend and remove that person from community land.\n\n(2) A person shall not be removed from community land under sub‑bylaw (1) for a period longer than 24 hours and shall, in any event, be returned to community land if a Court is convened to deal with him according to law.\n\n(3) A member of the police force may request the name and address of any person who he believes on reasonable grounds —\n\n(a) to be on community land in breach of by‑law 3; or\n\n(b) to have, while on community land, committed a breach of any by‑law.\n\n(4) A member of the police force may take proceedings for any breach of a by‑law.\n\n##### 15. Offences\n\nA person who breaks or fails to comply with by‑law 5, 7, 8, 9, 10, 11 or 13 commits an offence.\n\n##### 16. Penalties\n\n(1) A person who is convicted of an offence against a by‑law is liable to a fine of not more than $100.\n\n(2) In addition to any fine imposed under sub‑bylaw (1), the Court may order any person convicted of an offence against a by‑law to pay compensation of not more than $250 to the community or another person where, in the course of committing the offence, the person convicted has caused damage to the property of the community or of that other person.\n\n[By-law 16 amended: Gazette 14 May 2004 p. 1455.]\n\n##### 17. Defence of acting under custom\n\nIt is a defence to a complaint of an offence against a by‑law to show that the defendant was acting under, and excused by, any custom of the community.\n\nNotes\n\n1 This is a compilation of the *Lombadina Community Incorporated By-laws 1982* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Lombadina Community Incorporated By‑laws 1982* | 4 Jun 1982 p. 1768‑70 | 4 Jun 1982 |\n| *Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004* r. 11 | 14 May 2004 p. 1451-8 | 15 May 2004 (see r. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: The *Lombadina Community Incorporated By‑laws 1982* as at 29 Oct 2004** (includes amendments listed above) | | |\n\n\n2 Department of Lands and Surveys plans are now being held by the Western Australian Land Information Authority (see the *Land Information Authority Act 2006* s. 100).\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\nby‑law 2\n\ncommunity land 2, 3(4)\n\nmember of the community 2\n\nsub‑bylaw 2\n\nthe Act 2\n\nthe administrative area 2\n\nthe Administrator 2\n\nthe community 2\n\nthe Council 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is inaccessible. No comparison between original intent and enacted provisions is possible from the available content."},"complexity_factors":["No actual legislative content is available to analyse — the page returns a 404-style error message","Cannot assess complexity of provisions, cross-references, definitions, or regulatory scheme without the text","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"## Lombadina Community Incorporated By-laws 1982\n\n**The content of this legislation is unavailable.**\n\nThe page that should contain the Lombadina Community Incorporated By-laws 1982 — a Western Australian law likely governing the rules and operations of the Lombadina Aboriginal community in the Kimberley region — is no longer accessible on the Western Australian legislation website due to a system migration or upgrade.\n\n**What we can reasonably infer:**\n- This would be a set of community by-laws (local rules with legal force) made under Western Australian legislation governing incorporated Aboriginal communities.\n- It would typically cover matters like community governance, land use, conduct on community land, and membership rules for the Lombadina community.\n- It primarily affects residents of and visitors to the Lombadina community.\n\n**To access the actual content**, you would need to contact the Parliamentary Counsel's Office of Western Australia directly, or search the State Law Publisher's records."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: providing a basic regulatory framework for the governance of the Lombadina Aboriginal community. The single amendment in 2004 merely updated penalty provisions to align with broader sentencing reforms, without expanding the substantive scope of the by-laws."},"complexity_factors":["Short document (17 by-laws across 5 Parts)","Only 9 defined terms in the interpretation section","Minimal cross-referencing (primarily internal references to 'the Act' and other by-laws)","Simple conditional logic (mostly straightforward prohibitions with single-level exceptions)","Clear structure following standard by-law format (Preliminary, Land, Traffic, Other matters, Enforcement)","Limited amendments (only one substantive amendment in 2004 updating penalty provisions)"],"plain_english_summary":"This document sets out the local rules (called 'by-laws') for the Lombadina Aboriginal community in Western Australia, made under the Aboriginal Communities Act 1979. It covers who can enter the community, how people should behave, and what is not allowed.\n\n**Key things the by-laws do:**\n\n*   **Control access to land:** Only community members can enter without permission. Everyone else needs prior approval from the Community Council, which can be given with conditions or taken away at any time. Certain administrative areas are treated differently.\n*   **Set traffic rules:** The Council can put up traffic signs, and drivers must not be careless or dangerous.\n*   **Ban alcohol:** No one can bring, have, use, or give out alcohol on community land without permission from the Council (or the Administrator for administrative areas). The community's welfare is the top priority when deciding whether to allow alcohol.\n*   **Protect property and order:** The rules prohibit damaging property, littering, offensive behaviour, and disrupting meetings.\n*   **Regulate fires:** People need Council permission to light fires, except for cooking or heating inside homes.\n*   **Enforcement:** Police can remove someone from the land for up to 24 hours if they are breaking a by-law and likely to cause injury or damage. They can also ask for names and addresses and take people to court.\n*   **Penalties:** Breaking these rules can result in a fine of up to $100, plus compensation of up to $250 for any damage caused.\n*   **Cultural defence:** It is a valid defence if someone can show they were acting according to community custom.\n\n**Who it affects:** Members of the Lombadina Aboriginal community, visitors, police, and the Community Council."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The compilation table records an amendment to by‑law 16 (penalties) by the Sentencing Legislation (Short Sentences ‑ Aboriginal Community By‑Laws) Amendment Regulations 2004 (r.11), Gazette 14 May 2004 p.1455, and a reprint as at 29 Oct 2004. That shows the by‑laws’ enforcement/penalty scope was altered from the original 1982 instrument."},"complexity_factors":["Broad discretionary permissions and revocation powers for non‑members (by‑law 3) creating administrative discretion and uncertainty for visitors.","Alcohol control tied to a subjective criterion — ‘welfare of the community’ as paramount consideration (by‑law 12(3)) — increases interpretive/judgement burden on decision‑makers.","Division of authority between the Council and the Administrator, and carve‑out for the administrative area (definitions; by‑law 3(4); by‑law 12(2)(a)), adds operational complexity about who decides in which place.","Police enforcement powers including removal for up to 24 hours and power to require name/address (by‑law 14(1)‑(3)) introduce short‑term deprivation and evidentiary steps.","Ambiguous offence standards (eg. ‘offensive or disorderly’, ‘due care and attention’, ‘dangerous to the public’) in by‑laws 7 and 10 increase reliance on judicial interpretation.","Interaction and exclusion clauses referencing other statutes (Aboriginal Communities Act; Bush Fires Act) require cross‑statutory reading (by‑law 3(1); by‑law 13(3)).","Defence that conduct was ‘acting under custom’ (by‑law 17) can create factual and evidential complexity in prosecutions.","Penalty structure is modest but was amended (see by‑law 16 and compilation table), so historical changes affect enforcement outcomes and sentencing practice."],"plain_english_summary":"These by‑laws give the Lombadina Council and its Administrator legal authority to control who may enter and use declared community land and to regulate behaviour there. Council/Administrator decisions (permissions, signs, alcohol and fire rules, traffic directions) determine compliance obligations for visitors and residents; police may remove or prosecute offenders and courts may fine or order compensation. Offenders pay fines/compensation; discretionary criteria (eg. the community’s ‘welfare’) and a defence of acting under custom shape enforcement and compliance cost risks."}},"importantCases":[],"_links":{"self":"/api/acts/lombadina-community-incorporated-by-laws-1982","history":"/api/acts/lombadina-community-incorporated-by-laws-1982/history","analysis":"/api/acts/lombadina-community-incorporated-by-laws-1982/analysis","conflicts":"/api/acts/lombadina-community-incorporated-by-laws-1982/conflicts","importantCases":"/api/acts/lombadina-community-incorporated-by-laws-1982/important-cases","documents":"/api/acts/lombadina-community-incorporated-by-laws-1982/documents"}}