{"id":"national-trust-of-australia-wa-bylaws-1972","name":"National Trust of Australia (W.A.) By-laws 1972","slug":"national-trust-of-australia-w-a-by-laws-1972","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179116,"registerId":"wa-national-trust-of-australia-wa-bylaws-1972-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Trust of Australia (W.A.) By-laws 1972","content":"![Crest]()Western Australia\n\nNational Trust of Australia (W.A.) Act 1964\n\nNational Trust of Australia (W.A.) By-laws 1972\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 4 June 2004**\n\n\nWestern Australia\n\nNational Trust of Australia (W.A.) By-laws 1972\n\nContents\n\n1. Citation 1\n\n1A. Interpretation 1\n\n2. Offences relating to trust property 1\n\n3. Certain acts prohibited without consent, etc., of Trust 4\n\n4. Shooting into trust property prohibited 5\n\n5. Offences relating to vehicles within trust property 5\n\n6. Drunken and disorderly behaviour 5\n\n7. Trust may permit certain behaviour 5\n\n8. Trust may refuse to admit persons 6\n\n9. Removal of animals 6\n\n10. Written permission to be by authorised person 6\n\n11. Penalty 6\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 4 June 2004**\n\n\nWestern Australia\n\nNational Trust of Australia (W.A.) Act 1964\n\nNational Trust of Australia (W.A.) By‑laws 1972\n\n##### 1. Citation\n\nThese by‑laws may be cited as the *National Trust of Australia (W.A.) By‑laws 1972* 1.\n\n[By‑law 1 inserted: Gazette 19 Nov 1982 p. 4508.]\n\n##### 1A. Interpretation\n\nIn these by‑laws trust property includes any lands, building, or places vested in, or acquired or owned by, or under the control of, The Trust.\n\n[By‑law 1A inserted: Gazette 19 Nov 1982 p. 4508.]\n\n##### 2. Offences relating to trust property\n\nA person shall not within or upon any trust property —\n\n(a) deposit or leave any litter, bottle, tin, rubbish or refuse, except in a receptacle provided by The Trust for that purpose;\n\n(b) break glass, deposit or leave any offal, filth, dung, dead animal or any noisome, noxious or poisonous or polluted substance;\n\n(c) remove, deface, damage or destroy any aboriginal relic, aboriginal rock carving, aboriginal painting or archaeological site;\n\n(d) remove, interfere with, damage or destroy any dam, water supply, causeway, rock, timber, plant or equipment, building, road, path, picnic area, table seat, sign, notice or fixture;\n\n(e) remove, poison, damage or destroy, or have in his possession for removal or otherwise any tree, shrub, fern, creeper, vine, palm, plant, flower, herbage or other vegetation, whether growing or otherwise;\n\n(f) remove, deface, damage, destroy or interfere with any object or thing exhibited or on display or used in connection therewith or any other object or thing whether or not the same is exhibited or on display for the time being owned by or in the possession or under the control of The Trust;\n\n(g) interfere with, or remove sand, soil, gravel, rock or any tree, dead timber, log or shrub except with the prior written permission of The Trust;\n\n(h) dig or excavate any hole or trench or otherwise disturb the surface of the land except with the prior written permission of The Trust;\n\n(i) carry or discharge any firearm, air‑gun, speargun or other lethal weapon; carry, lay or set any trap or snare, interfere with, hunt, capture, destroy or have in his possession any bird or wild animal, or any bee or lizard, any introduced bird, animal or any fish or crustacean;\n\n(j) take any bird’s egg or interfere with any bird’s nest, or habitation or resting place of any animal or lizard or any beehive;\n\n(k) carry or use explosive or discharge any fireworks except with the prior written permission of The Trust and subject to any conditions imposed by The Trust;\n\n(l) obstruct, threaten, interfere with or refuse to comply with any lawful request by any officer or employee of The Trust or any person acting with the written authority of The Trust while in the execution of his duty;\n\n(m) permit or suffer any animal to be upon trust property except with the permission of The Trust;\n\n(n) fly any model aircraft of any description;\n\n(o) place or use any boat or craft of any kind on any waters within trust property except with the written permission of The Trust and in accordance with such terms and conditions as The Trust may determine;\n\n(p) light, maintain or use any fire except in accordance with the provisions of the *Bush Fires Act 1954*, and the *Bush Fires Regulations 1954* 2  and in accordance with any additional conditions determined and notified in a conspicuous position by The Trust; provided however that this paragraph shall not extend to any authorised officer or employee of The Trust lighting a fire for the disposal of dirt or rubbish or for any other purposes associated with the upkeep of trust property;\n\n(q) pollute the water in any river, stream, tank, dam or reservoir;\n\n(r) pass over or under or through or cross or remove or interfere with any rope or other boundary or line of demarcation or barrier which shall have been erected for the protection of any objects things or other property for the time being owned by or in the possession or under the control of The Trust;\n\n(s) play a musical instrument, record player, tape player, video player, television receiver, or radio receiver except with the permission of The Trust;\n\n(t) act contrary to, or fail to comply with, a notice on a sign erected by, or on behalf of, The Trust; or\n\n(u) smoke a pipe, cigar, or cigarette within a building open to the public for the display of furniture or furnishings.\n\n[By‑law 2 amended: Gazette 19 Nov 1982 p. 4508.]\n\n##### 3. Certain acts prohibited without consent, etc., of Trust\n\n(1) A person shall not —\n\n(a) enter or remain upon any trust property except at such times as may be specified in a notice conspicuously exhibited at or near the entrance to the trust property as being the times at which the trust property is open to the public;\n\n(aa) enter any trust property except by an entrance at or near which there is conspicuously exhibited a notice specifying that entrance as being a public entrance;\n\n(b) erect, occupy or use any tent, structure or vehicle within trust property for the purpose of occupying or residing therein;\n\n(c) sell or expose for sale any animal, goods or other article or thing within trust property; or\n\n(d) hold or take part in any performance, entertainment or meeting of any kind within trust property,\n\nunless he —\n\n(e) obtains the consent of The Trust to do so;\n\n(f) complies with such conditions as The Trust may determine; and\n\n(g) pays such fees and charges, if any, as The Trust may impose.\n\n(2) A person shall not enter or remain on trust property at a time at which the trust property is open to the public unless he —\n\n(a) complies with such conditions as The Trust may determine; and\n\n(b) pays such fees and charges, if any, as The Trust may impose.\n\n[By‑law 3 amended: Gazette 19 Nov 1982 p. 4508.]\n\n##### 4. Shooting into trust property prohibited\n\nNo person shall from outside trust property propel any missile or discharge any firearm, air‑gun or other lethal weapon into trust property.\n\n##### 5. Offences relating to vehicles within trust property\n\nA person shall not ride or drive any animal or vehicle within trust property except upon a road or path provided for the purpose, or park any vehicle within trust property except in an area in which The Trust has exhibited a conspicuous notice indicating that the parking of vehicles is permitted in that area.\n\n##### 6. Drunken and disorderly behaviour\n\n(1) A person in a state of intoxication shall not enter or remain within trust property.\n\n(2) A person shall not within trust property behave in a disorderly or insulting manner or use any bad language or commit any nuisance or act of indecency.\n\n##### 7. Trust may permit certain behaviour\n\n(1) The Trust may allow any person or persons the use of trust property for any scientific or cultural purpose subject to such conditions as The Trust may impose and such use may include the privilege of camping and use of buildings, water supplies and of all other conveniences in trust property.\n\n(2) The Trust may permit any scientist, teacher, student, athlete, youth leader, social organiser, boy scout or girl guide officer, bush walking or hiking club officer or any other person or organisation approved by The Trust to conduct research, experiment, class inspection, swimming or other approved sport, function, camp, social gathering or such like activity, within trust property under such conditions as The Trust may determine.\n\n##### 8. Trust may refuse to admit persons\n\nThe Trust or any person authorised in that behalf by The Trust may refuse to admit into any trust property any person who in their or his opinion would be likely to cause annoyance or inconvenience upon the trust property or any person intoxicated or any person who has been found guilty of a breach of these by‑laws.\n\n##### 9. Removal of animals\n\nAny person authorised by The Trust may remove any animal found trespassing on trust property.\n\n##### 10. Written permission to be by authorised person\n\nAny written permission of The Trust with respect to any matter under these by‑laws shall be signed by the Secretary or other person duly authorised by The Trust.\n\n##### 11. Penalty\n\nAny person who contravenes or fails to comply with any of the provisions of these by‑laws is guilty of an offence and is liable to a penalty of $100.\n\nNotes\n\n1 This reprint is a compilation as at 4 June 2004 of the *National Trust of Australia (W.A.) By-laws 1972* 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| *National Trust of Australia (W.A.) By‑laws* 3 | 13 Oct 1972 p. 4093‑4 | 13 Oct 1972 |\n| *National Trust of Australia (W.A.) Amendment By‑laws 1982* | 19 Nov 1982 p. 4508 | 19 Nov 1982 |\n| **Reprint 1: The *National Trust of Australia (W.A.) By‑laws 1972* as at 4 Jun 2004** (includes amendments listed above) | | |\n\n\n2 Formerly referred to the *Bush Fires Act 1954 Regulations* the citation of which was changed to the *Bush Fires Regulations 1954* by the *Bush Fires Amendment Regulations 1982.* The reference was changed under the *Reprints Act 1984* s. 7(3)(gb).\n\n3 Now known as the *National Trust of Australia (W.A.) By‑laws 1972*; citation changed (see note under bl. 1).\n\nefined 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\ntrust property 1A\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: regulating conduct on National Trust properties. The 1982 amendments added minor clarifications (such as defining 'trust property' and specifying public entrances) but did not expand the scope beyond property management and visitor conduct."},"complexity_factors":["Only 1 defined term ('trust property' in by-law 1A)","Straightforward prohibitory structure using simple 'shall not' language","No cross-references to other legislation except a single reference to the Bush Fires Act 1954","Flat structure with no nested exceptions or conditional logic beyond basic 'except with permission' clauses","Short document (11 by-laws plus interpretation)","Single penalty provision applying uniformly to all offences ($100 fine)","No delegated legislation or regulatory mechanisms beyond basic permission-giving powers"],"plain_english_summary":"**What this legislation does:**\n\nThese by-laws set the rules for how people can behave on properties owned or controlled by the National Trust of Western Australia (called \"trust property\"). Think of them as the house rules for visiting heritage sites, nature reserves, and historic buildings managed by the Trust.\n\n**Who it affects:**\n\n- **Visitors** to National Trust properties in Western Australia\n- **The National Trust itself** (giving it powers to manage its land)\n- **Anyone organising events** like camps, research activities, or performances on Trust land\n\n**Key rules include:**\n\n- **Don't damage anything** — this includes plants, wildlife, Aboriginal cultural sites, buildings, and equipment\n- **Take your rubbish with you** or use provided bins\n- **No fires** except where specifically allowed under bushfire laws and Trust conditions\n- **No firearms, hunting, or removing wildlife** (including birds, lizards, bees, and their nests)\n- **No camping or staying overnight** without permission\n- **No vehicles** except on designated roads and parking areas\n- **No being drunk or disorderly**\n- **Follow the signs** — if a sign says don't go somewhere, don't go there\n- **Pay any entry fees** and follow opening hours\n\n**Why it matters:**\n\nThese rules protect Western Australia's natural and cultural heritage — including Aboriginal rock art, historic buildings, native plants, and wildlife. They give the National Trust legal power to stop vandalism, manage fire risks, and ensure visitors behave responsibly. Without these by-laws, the Trust would struggle to prevent damage to irreplaceable heritage sites.\n\n**The Trust has flexibility:**\n\nThe by-laws also give the National Trust discretion to grant permits for activities that would normally be banned — such as scientific research, camping, filming, or events — as long as people apply and follow conditions."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content is inaccessible. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative content is available for analysis — the page returns a 'no longer available' error message","Cannot assess substantive complexity without access to the actual by-law text","Score of 1 reflects absence of content, not simplicity of underlying law"],"plain_english_summary":"The National Trust of Australia (W.A.) By-laws 1972 are a set of internal rules made under the Trust’s parent Act governing how the Trust operates and manages heritage matters in Western Australia. They were created in 1972 and may affect members, heritage property owners and researchers, but their current status (in force, amended or repealed) cannot be confirmed from the removed online text. Contact the WA Parliamentary Counsel or search the WA legislation site for the current instrument."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Amendments in 1982 inserted the citation (By‑law 1) and an express definition of 'trust property' (By‑law 1A) and amended provisions in By‑laws 2 and 3. Those changes clarified the territorial scope and adjusted the prohibitions and access/consent framework. The instrument was reprinted as at 4 June 2004 to consolidate these amendments."},"complexity_factors":["Numerous specific prohibitions across natural, cultural and conduct categories (By‑law 2) increasing the list to check before activity.","Significant Trust discretion to permit, refuse or condition activities and to set fees (By‑laws 3, 7, 8, 10).","Cross‑references to external legislation for fire rules (Bush Fires Act/Regulations) add external compliance requirements (By‑law 2(p)).","Simple, single-tier enforcement mechanism and fixed monetary penalty ($100) simplifies sanctions (By‑law 11).","Defined territorial scope added by interpretation defining 'trust property' (By‑law 1A) — affects when rules apply.","Broad, open‑ended wording (eg. 'interfere with', 'refuse to comply with any lawful request') increases interpretive judgment for enforcement (By‑laws 2(l), 2(g)–(h)).","Amendment history (1982 insertions and amendments) requires using the consolidated text to determine current scope."],"plain_english_summary":"These by‑laws set the rules for behaviour and use on lands, buildings and places vested in or controlled by the National Trust (WA). They list prohibited acts (eg. littering, damaging vegetation or Aboriginal sites, hunting, fireworks, model aircraft), require written permission for certain uses, allow the Trust to set conditions and fees, permit refusal of entry and removal of animals, and impose a $100 penalty. They affect visitors, researchers, vendors and anyone seeking to use Trust property and create compliance obligations and discretionary permitting by the Trust."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/national-trust-of-australia-w-a-by-laws-1972","history":"/api/acts/national-trust-of-australia-w-a-by-laws-1972/history","analysis":"/api/acts/national-trust-of-australia-w-a-by-laws-1972/analysis","conflicts":"/api/acts/national-trust-of-australia-w-a-by-laws-1972/conflicts","importantCases":"/api/acts/national-trust-of-australia-w-a-by-laws-1972/important-cases","documents":"/api/acts/national-trust-of-australia-w-a-by-laws-1972/documents"}}