{"id":"pemberton-national-park-and-recreational-reserve-bylaws","name":"Pemberton National Park and Recreational Reserve By-laws","slug":"pemberton-national-park-and-recreational-reserve-by-laws","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179241,"registerId":"wa-pemberton-national-park-and-recreational-reserve-bylaws-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Pemberton National Park and Recreational Reserve By-laws","content":"![Crest]()Western Australia\n\nParks and Reserves Act 1895\n\nPemberton National Park and Recreational Reserve By-laws\n\nWestern Australia\n\nPemberton National Park and Recreational Reserve By-laws\n\nContents\n\n1. 1\n\n1A. 1\n\n1B. 2\n\n2. 2\n\n3. 2\n\n4. 2\n\n5. 3\n\n6. 3\n\n7. 3\n\n8. 3\n\n9. 3\n\n10. 4\n\n11. 4\n\n12. 4\n\n13. 4\n\n14. 4\n\n15. 4\n\n16. 4\n\n17. 4\n\n18. 5\n\n19. 5\n\n20. 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nParks and Reserves Act 1895\n\nPemberton National Park and Recreational Reserve By-laws\n\n##### 1.\n\nThese By-laws shall operate over Reserve No. 19857, set apart for National Park and Recreation, at Pemberton, and comprising Nelson Location 7350, and the area bounded on the North by Nelson Locations 8222, 8221, 7257, and the prolongation Westward of the Southern boundary of Nelson Location 8222 aforesaid, on the East by the surveyed road and Location 7257 to the railway crossing, on the South by Nelson Locations 7360 and 972, and on the West by Lefroy Brook and also over any other reserved vested in the Board from time to time for the purposes of national park and recreation.\n\n[By-law 1 amended: Gazette 8 Dec 1960 p. 3912.]\n\n##### 1A.\n\nIn these by-laws unless the context requires otherwise —\n\nBoard means the Pemberton national Park Board constituted under the provisions of subsection (4) of section 3 of the Act;\n\npermission means the permission in writing of the Board first obtained;\n\nReserve means the National Park and Recreation Reserve No. 19857; and includes every other reserve vested in the Board from time to time for the purposes of national park and recreation;\n\nthe Act means the *Parks and Reserves Act 1893*, as amended from time to time.\n\n[By-law 1A inserted: Gazette 8 Dec 1960 p. 3912.]\n\n##### 1B.\n\nThe common seal of the Board shall —\n\n(a) bear the words, “Pemberton National Park Board”;\n\n(b) be affixed by virtue of a resolution at a regular meeting of the Board and in the presence of two members of the Board; and\n\n(c) be kept in the custody of the Secretary of the Board, or such other person as the Board may authorise.\n\n[By-law 1B inserted: Gazette 8 Dec 1960 p. 3913.]\n\n##### 2.\n\nSubject to the provisions of these By-laws the Reserve shall be open t other public at all times free of charge, except during entertainments, or on other special occasions, when permission, being first obtained, fees for admission, namely, adults 2s., children 6d., may be charges. The Board reserves the right to make an annual charge of 5s. per head for all users of the swimming pool situated and included in the Reserve.\n\n##### 3.\n\nNo person shall play, practise, or indulge in any sport, game, or entertainment upon the reserve without permission.\n\n##### 4.\n\nAny person found committing any breach of these By-laws may be removed from the Reserve by a police constable, or any member, officer, or servant of the Board and may be debarred by the Board for such period as the Board thinks fit from entering upon any Reserve.\n\n[By-law 4 amended: Gazette 8 Dec 1960 p. 3913.]\n\n##### 5.\n\nNo person shall sell or expose for sale goods or merchandise no the reserve without permission.\n\n##### 6.\n\nNo person shall carry or discharge firearms through or on the Reserve, or shoot, snare, or destroy any birds or animals, except as in the next paragraph mentioned.\n\n##### 7.\n\nNo person shall cause, allow, or suffer any stock to enter, stray, or feed upon the Reserve without permission, and all dogs, goats, and poultry found within the reserve may be destroyed by any of the persons hereinafter referred to as being authorised to prosecute for the breaches of this By-law, and the owner shall make compensation, to be recovered before any Justice of the Peace, for any damage done by such dogs, goats, or poultry.\n\n##### 8.\n\nNo person shall pluck any of the wild or cultivated flowers, plants, shrubs, or trees, or walk on the beds or borders, or pull up or dig or otherwise disturb any grass, or climb upon or get through or over the fences, or remove or injure any of the gates, turnstiles, fences, buildings, or flags, or disturb, damage or destroy any of the property or things with in the bounds of the Reserve.\n\n##### 9.\n\nDuring the constructing, building, making, repairing, or maintaining of any beds, borders or greens, links, or buildings, or other improvements, no person shall interfere with the workmen, gardeners, caretakers, or rangers, or do or cause to be done any act which will or may be likely to interfere with or prevent such constructing, building, making, repairing, or maintaining.\n\n##### 10.\n\nNo person shall camp on the reserve without permission.\n\n##### 11.\n\nAll bathers shall wear such costumes as shall preserve all decency and be in accord with the requirements of the Board, as presented by notice posted on the reserve by the Board.\n\n##### 12.\n\nthe use of soap in the said swimming pool is prohibited.\n\n##### 13.\n\nDogs shall not be permitted to enter into, nor shall sticks, stones, rubbish, or any matter be thrown into the said swimming pool or other water situated in the Reserve.\n\n##### 14.\n\nNo canoe shall be placed or used on the said swimming pool without permission, and then must be provided with a float attached to a suitable rope.\n\n##### 15.\n\nRubbish must not be left lying about the Reserve, but must be deposited in receptacles provided for that purpose.\n\n##### 16.\n\nNo fire shall be lit on any part of the Reserve, except in the places set apart by the Board.\n\n##### 17.\n\nAll persons using the Reserve shall behave with decency and decorum; any person in a state of intoxication or misconducting himself or herself shall be liable to be removed from the Reserve and debarred by the Board for such period as the Board thinks fit from entering upon any Reserve.\n\n[By-law 17 amended: Gazette 8 Dec 1960 p. 3913.]\n\n##### 18.\n\nIn the event of the lease or permit of the reserve being granted to any person or persons or club for the purpose of enabling any particular game or games to be established on the Reserve, then, so long as such lease or permit remains in force, no game shall be played on the Reserve which may prevent, hamper, interfere, or compete with such person or persons or club in the use of the Reserve for the purposes set for the in such lease or permit, and no person shall do or cause to be done anything which will or may be likely to interfere or compete with such person or persons or club in any manner in commencing, playing, or carrying on such game or games.\n\n##### 19.\n\nAny member of the Board, or any person authorised in writing by the Board, or in the event of the Reserve being leased to any persons, persons, or club, such lessee or permit-holder shall have power to enforce these By-laws and take any proceedings thereunder at any time.\n\n##### 20.\n\nAny person committing a breach of any of the provisions of these by-laws shall be liable on summary conviction to a penalty not exceeding twenty pounds.\n\n[By-law 20 inserted: Gazette 8 Dec 1960 p. 3913.]\n\nNotes\n\n1 This is a compilation of the *Pemberton National Park and Recreational Reserve By-laws.* The following table contains information about those by-laws.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Pemberton National Park and Recreational Reserve By-laws* | 6 Nov 1931 p. 2404 | 6 Nov 1931 |\n| *Amending by-laws* | 8 Dec 1960 p. 3912-3 | 8 Dec 1960 |\n\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\nBoard 1A\n\npermission 1A\n\nReserve 1A\n\nthe Act 1A\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The by-laws appear to maintain their original scope as local park management rules established in 1931 and amended in 1960. There is no evidence of significant scope creep; the amendments added definitions, clarified enforcement powers, and inserted a penalty provision, but the core purpose remains regulating public conduct in this specific Western Australian national park."},"complexity_factors":["Only 4 defined terms in the interpretation section (By-law 1A)","Straightforward prohibitory language using 'No person shall...' format","Minimal cross-referencing (only references to 'the Act' and internal references to 'permission' and 'Reserve')","Simple conditional logic limited to specific scenarios (e.g., By-law 18 regarding leases)","Short length (20 by-laws spanning approximately 5 pages)","Historical currency references (shillings and pounds) indicate age but don't add legal complexity","No nested exceptions or complex definitional chains"],"plain_english_summary":"These are the rules for visiting Pemberton National Park and Recreational Reserve in Western Australia. They set out what visitors can and cannot do in the park.\n\n**What the rules cover:**\n\n*   **Access:** The park is free to enter, except during special events when the Board can charge admission (2 shillings for adults, 6 pence for children). There's also a potential annual fee of 5 shillings for using the swimming pool.\n*   **Activities:** You need written permission from the Board to play sports, camp, sell goods, or use canoes on the swimming pool.\n*   **Prohibited conduct:** The rules ban firearms, hunting, letting livestock or certain animals (dogs, goats, poultry) into the park, picking flowers or plants, damaging property, interfering with maintenance work, using soap in the pool, throwing things in the water, littering, and lighting fires except in designated areas.\n*   **Behaviour:** Visitors must behave decently. The Board can remove intoxicated or misbehaving people and ban them from returning.\n*   **Enforcement:** Police, Board members, officers, or authorised people can remove rule-breakers from the park. The Board can also ban offenders for a set period.\n*   **Penalties:** Breaking these rules can result in a fine of up to £20 (this is historical currency from when the by-laws were made).\n\n**Who it affects:** Anyone visiting Pemberton National Park, plus the Pemberton National Park Board which manages the reserve and grants permissions."},"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":false,"description":"The amendments collected in this version clarify and add administrative detail (definitions in By-law 1A, the Board's common seal in 1B, and an explicit penalty provision in By-law 20) but do not materially broaden the subject-matter or purpose. The instrument remains a local management code regulating public behaviour, facility use, fees, enforcement, and protection of park property for Reserve No. 19857 and other reserves vested in the Board. The primary change since the original is increased administrative clarity and explicit enforcement mechanics rather than an expansion of substantive scope."},"complexity_factors":["20 by-laws (numbered provisions) — short, focused rules","4 defined terms in interpretation (Board, permission, Reserve, the Act) (By-law 1A)","Cross-reference to the enabling Act (Parks and Reserves Act 1893) (By-law 1A)","Several conditional permissions (e.g. permission required for sports, camping, selling, canoes) creating branching logic (By-laws 2, 3, 5, 10, 14)","Enforcement and sanctioning elements: removal/debarment, authorised persons, and a summary conviction penalty (By-laws 4, 19, 20)","Exclusive-lease rule creating a temporary restriction on other users (By-law 18)","Operational detail for pool use and animal destruction that raises procedural and practical questions (By-laws 7, 11–14)","Minor historical amendments adding definitions, seal, and penalty (amendments dated 1960) — clarifying rather than expanding rules"],"plain_english_summary":"**What these by-laws do (mechanically)\n\n- Apply to Pemberton National Park and Recreation Reserve No. 19857 and to any other reserves vested in the Pemberton National Park Board (the \"Board\") (By-law 1, 1A).\n- Give the Board power to set permissions in writing for many activities and to keep and use a common seal (By-laws 1A, 1B).\n- Keep the Reserve open to the public free of charge most of the time, but allow the Board to charge admission for special events and to charge an annual fee for use of the swimming pool (By-law 2).\n- Require people to get written permission from the Board before playing organized sports, camping, selling goods, placing or using canoes on the pool, using certain soaps in the pool, or otherwise doing activities the Board has reserved for permission (By-laws 2, 3, 5, 10, 12, 14).\n- Ban firearms and the killing or trapping of wildlife on the Reserve except as expressly permitted (By-law 6).\n- Prohibit stock from entering or grazing on the Reserve without permission; allow authorised persons to destroy dogs, goats or poultry found in the Reserve and permit recovery of compensation for damage caused by such animals (By-law 7).\n- Protect vegetation, garden beds, fences, gates, buildings and other Reserve property from being picked, dug up, damaged or climbed on (By-law 8).\n- Forbid interference with maintenance or construction work on the Reserve (By-law 9).\n- Set pool-specific rules: dress standards set by Board notice, no soap in the pool, no dogs or rubbish to be thrown into the pool, and canoes may be used only with permission and must have a float and rope attached (By-laws 11–14).\n- Require rubbish to be placed in provided receptacles and limit fires to places set apart by the Board (By-laws 15–16).\n- Give the Board the power to remove and debar people from the Reserve for breaches or misconduct (By-laws 4, 17).\n- Allow exclusive leases or permits for particular games; while such a lease is in force, other activities that would compete with that leased use must not be carried on (By-law 18).\n- Authorise members of the Board, written appointees of the Board, and lessees/permit-holders to enforce the by-laws (By-law 19).\n- Create a criminal penalty on summary conviction of up to twenty pounds for breach of any by-law (By-law 20).\n\nWho this affects\n\n- Visitors to the Reserve, including swimmers and people using recreational facilities (subject to pool fees and rules).\n- Anyone wishing to hold events, sell goods, camp, play organised sports, or use boats/canoes on the Reserve (most such activities require written permission from the Board).\n- Owners of stock, dogs, goats, or poultry — these animals may not enter the Reserve without permission and may be destroyed if found there; owners may be liable for damage (By-law 7).\n- Lessees or permit-holders who obtain exclusive use for particular games (they gain an enforceable exclusive right while the lease/permit runs) (By-law 18).\n- The Board and its authorised officers, who decide permissions, post notices (e.g. costume standards), enforce the rules, and may remove or debar offenders (By-laws 1A, 11, 4, 17, 19).\n\nWhy it matters (stated purpose and practical implications)\n\n- The explicit purpose is management and protection of the Reserve through rules that restrict damaging behaviour, regulate use of facilities, allow limited charging for services, and provide enforcement tools (through permissions, removal/debarment, and penalties).\n- Practical implications and trade-offs:\n  - The Board controls access to certain activities and can raise modest revenue from events and pool users (By-law 2). That creates administrative burdens (processing permissions, collecting fees, posting notices) and ongoing compliance costs for users who must seek permission.\n  - Enforcement rests largely on the Board and its appointees, giving the Board significant discretion about what to permit and when to debar — this centralises decision-making and can produce uneven outcomes depending on how the Board exercises its powers (By-laws 1A, 4, 17, 19).\n  - The by-laws concentrate benefits for any lessee granted exclusive sporting rights (the lessee gets protection against competing uses while the permit or lease runs) and impose diffuse compliance costs on the general public (By-law 18).\n  - The authority to destroy dogs, goats and poultry found on the Reserve is a strong deterrent and shifts the cost of keeping animals out of the Reserve onto animal owners; it also creates enforcement risk if not carefully applied (By-law 7).\n  - The penalty structure is simple (summary conviction, up to twenty pounds) but enforcement depends on the Board and police bringing proceedings; the deterrent effect depends on actual prosecution and conviction rates (By-law 20).\n\nWho pays, who decides, and what changes in behaviour\n\n- Who pays: visitors paying admission for special events, swimmers if the Board charges an annual pool fee, and owners who must compensate for damage caused by their animals (By-law 2, 7).\n- Who decides: the Pemberton National Park Board decides on permissions, fees, notices (e.g. bathing costume standards) and authorisations to enforce (By-laws 1A, 2, 11, 19).\n- Behaviour changes required: obtain written permission for many activities; avoid selling, camping, lighting fires (except where permitted), picking plants, bringing stock or pets into the Reserve; follow posted pool rules; respect exclusivity if the Reserve (or part of it) is leased for particular games.\n\nImplementation and compliance risks\n\n- Administrative burden on the Board to manage permissions, leases, notices and enforcement.\n- Enforcement discretion can lead to inconsistent application; effectiveness depends on policing and willingness to prosecute.\n- Exclusive leases create a risk of crowding-out other community uses during the lease term, and the public must rely on the Board to balance competing interests.\n\nPrimary provisions cited: By-laws 1, 1A, 1B, 2–20.\n"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrievable. The submission contains only a website error message indicating the page is unavailable due to system upgrades."},"complexity_factors":["No actual legislative text was provided — only a website error page","Cannot assess complexity of the underlying by-laws from this content","The only content available is a broken link notice and an Acknowledgement of Country"],"plain_english_summary":"The link to the Pemberton National Park and Recreational Reserve by-laws returns a 404-style error, meaning the page was moved or removed during a website upgrade. To obtain the by-laws, search the Western Australian legislation site, contact the Parliamentary Counsel’s Office helpdesk, or check with the Department of Biodiversity, Conservation and Attractions.\n\nBy-laws like these typically set visitor rules—camping, fires, pets, vehicle use, and taking plants or animals."}},"importantCases":[],"_links":{"self":"/api/acts/pemberton-national-park-and-recreational-reserve-by-laws","history":"/api/acts/pemberton-national-park-and-recreational-reserve-by-laws/history","analysis":"/api/acts/pemberton-national-park-and-recreational-reserve-by-laws/analysis","conflicts":"/api/acts/pemberton-national-park-and-recreational-reserve-by-laws/conflicts","importantCases":"/api/acts/pemberton-national-park-and-recreational-reserve-by-laws/important-cases","documents":"/api/acts/pemberton-national-park-and-recreational-reserve-by-laws/documents"}}