Aboriginal Lands Trust Regulations 2014

The Regulations use a place‑based prohibition model coupled with administrative recording and diversion measures. Core concepts to track through the text are:

• Specified land: The prohibitions are territorial and apply only on the parcels of land specified by certificate of title: Umoona Community (reg 3(1)), Yalata Reserve (reg 3(1)) and Davenport Community (reg 3(1) as inserted 2024). The Davenport Community has a further sub‑geography, the Davenport Community dry zone, which excludes specified areas (reg 3(1) defined “Davenport Community dry zone” and “excluded area”).

• Substance scope: “Alcoholic liquor” is defined by alcohol content at 20°C over 1.15% ABV (reg 3(1)). “Regulated substance” is limited to petrol (reg 3(1)). The cask‑tap rule treats a cask as opened if the tap is protruding (reg 3(2)), which affects the “original container/unopened” exceptions in the Davenport passing‑through rules (reg 11B(2)(a)).

• Prohibitions by conduct: The Regulations separate possession/consumption (strict prohibition with lower maximum penalty and expiation option) from sale/supply (higher maximum penalty with potential imprisonment under the Act) (regs 4, 5, 6, 8, 9, 10, 11C). For petrol the text prohibits inhalation/consumption and possession for that purpose, and prohibits sale/supply where the seller knows or has reasonable grounds to suspect misuse (regs 6(1)-(2), 10(1)-(2)).

• Exceptions carved by purpose or actor: Across the sites, exceptions include sacraments or similar religious observances, medical use when provided by or under direction of a medical practitioner or pharmacist, and, for Davenport, passing through with unopened original container, supply to those unable to obtain liquor where no profit is made, and health‑professional medical use (regs 4(2), 5(2), 6(2), 8(2), 9(2), 10(2), 11B(2), 11C(2)).

• Police powers: Where a police officer reasonably suspects contravention of the relevant prohibitions, the officer may confiscate the liquor or petrol involved (regs 7, 11, 11D). For Davenport offences, police may refer an individual to an approved screening organisation pursuant to an MOU, and that referral stays proceedings (regs 11F-11G).

• Diversion and therapeutic focus (Davenport): Part 3A expresses the community‑origin and rehabilitative purpose (reg 11A) and requires non‑punitive sentencing options for possession/consumption offences, prioritising rehabilitation and health with specific permissible court orders and attendance‑flexible processes including sentencing conferences (reg 11B(3)-(6)). The diversion is operationalised through SA Police referrals to approved screening organisations under a Davenport Community Alcohol Screening MOU (reg 11E-11F).

• Administrative registers and fees: The Regulations prescribe Register content for Trust Land (reg 13) including title details, known unregistered interests and particulars of development authorisations, and set a low copy fee per page in Schedule 1.

• Removal ground and lease variation mechanics: The Regulations nominate offences of dishonesty under Part 5 of the Criminal Law Consolidation Act 1935 as “prescribed offences” for vacation of office under s 14(4)(d) of the Act (reg 12). They also void provisions in continued leases/licences that require Ministerial written consent before encumbrance, mortgage, sublet or assignment, and fix the operation of that voiding back to the grant date of the lease/licence (reg 15).

Each of these concepts interacts with existing criminal, administrative and land law frameworks, relying on cross‑references to the Act and other State instruments (see regs 3(1) definitions and regs 13 and 15).

The Regulations distribute duties, powers and constraints across multiple groups. The text identifies who pays, who decides and who acts.

• Residents and visitors on specified Trust land: Any person while present on Umoona Community, Yalata Reserve or the Davenport Community dry zone is subject to the prohibitions. For possession/consumption or inhalation offences the maximum penalty is $1,250 and an expiation fee of $160 is prescribed for several offences (regs 4(1), 6(1), 8(1), 10(1)). The Davenport regime explicitly shapes sentencing options for persons committing possession/consumption offences within the dry zone, prohibiting custodial sentences or monetary fines (reg 11B(3)(b)) and instead creating diversionary orders (reg 11B(3)(c)).

• Sellers, suppliers and retailers: Individuals or businesses who sell or supply alcoholic liquor or petrol on Umoona or Yalata face sale/supply offences that carry a maximum penalty of $2,000 or imprisonment for 6 months as referenced to the Act (regs 5(1) and note, 9(1) and note, 11C(1) and note). For Davenport, the sale/supply ban is subject to narrower exceptions (reg 11C(2)) including a no‑profit home delivery to those unable to obtain liquor in person.

• Police and special constables: Police officers, as defined to include special constables (subject to any limitations placed under the Police Act 1998), have authority to confiscate suspected contraband where they reasonably suspect a contravention (regs 3(1) definition of police officer, regs 7, 11, 11D). SA Police also participate in the referral scheme to approved screening organisations under the Davenport MOU (regs 11E-11F) and must provide written referral notices and copies to the approved organisation (reg 11F(2)-(3)).

• Approved screening organisations and program providers: Entities declared in a Davenport Community Alcohol Screening MOU as approved screening organisations accept referrals for screening (reg 11E). Their involvement triggers confidentiality obligations and they may be invited to sentencing conferences (reg 11H, 11B(5)(e)).

• Courts and prosecutors: Magistrates’ courts (or the court with jurisdiction) exercise constrained sentencing powers under reg 11B(3). The court may convene sentencing conferences and determine their procedures, and may sentence in the defendant’s absence (reg 11B(4)-(6)). Prosecutors are invited to attend sentencing conferences (reg 11B(5)(g)).

• Aboriginal community representatives and elders: The Regulations explicitly recognise community agency in the Davenport reform (reg 11A(1)) and permit community representatives and accepted Aboriginal Elders or Respected Persons to participate in sentencing conferences (reg 11B(5)(c)-(d)). The community’s MOU relationship with SA Police will define approved screening organisations (reg 11E).

• Trustees and administrators of Trust Land: The Trust must maintain a Register of Trust Land with detailed title and interest information, development authorisations and lessee/licence particulars (reg 13(1)-(2)). Those administering leases and licences should note that clauses requiring Ministerial written consent for encumbrance or assignment are void for continued leases under reg 15.

• Health professionals: Medical practitioners and pharmacists have carve‑outs for possession/supply where alcohol is used as medicine or provided under a direction (regs 4(2)(b)-(c), 5(2)(b), 8(2)(b)-(c), 9(2)(b), 11B(2)(c)-(d), 11C(2)(b)). Their professional registration is defined by reference to the Health Practitioner Regulation National Law and state law (reg 3(1)).

• Lessees/licensees and developers: The Register must include development authorisation details under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 where applicable (reg 13(1)(c)), and lessees/licensees must have their particulars recorded (reg 13(2)).

The Regulations therefore affect private citizens and businesses present on the specified lands, police and health/rehabilitation service providers, the Trust’s land administrators and the courts. The Davenport provisions in particular allocate responsibilities between SA Police (referral), approved screening organisations (screening and confidentiality), the court (non‑financial sentencing and convening of conferences) and community delegates (participation in sentencing conferences).

The Regulations create a mixture of affirmative duties, prohibitions and procedural rights; these flow to different actors.

Duties and prohibitions on individuals:

• Persons on Umoona and Yalata must not possess or consume alcoholic liquor (regs 4(1), 8(1)). They must not inhale or possess petrol for inhalation/consumption (regs 6(1), 10(1)). They must not sell or supply alcoholic liquor or sell or supply petrol where they know or reasonably suspect the purchaser intends misuse (regs 5(1), 9(1), 6(2), 10(2)).
• On Davenport dry zone, persons must not possess or consume alcoholic liquor except in tightly specified circumstances: genuine passing through with unopened original container, supply to a person who is unable to obtain liquor where the supplier makes no profit and supply occurs at the request of a person aged 18+, or legitimate medical uses by health professionals (reg 11B(1)-(2); 11C(2)(a)-(b)).

Duties of police:

• Police may confiscate alcohol or petrol where they reasonably suspect a contravention of the applicable provisions (regs 7, 11, 11D). For Davenport, police may refer a person they reasonably suspect of a reg 11B offence and who may be at risk due to misuse to an approved screening organisation under the MOU (reg 11F). A referral must be effected by written referral notice and a copy forwarded to the approved screening organisation, including by email or other electronic means (reg 11F(2)-(3)).

Rights and procedures for defendants:

• In Davenport, the court’s sentencing options for a reg 11B offence exclude custodial or monetary fines (reg 11B(3)(b)), and the court may discharge, caution or make orders such as screening, community service within the community, barring orders and other orders oriented to rehabilitation (reg 11B(3)(c)(i)-(iii)). The court may convene a sentencing conference that may include the defendant, legal representatives, community Elders or Respected Persons, community representatives, screening organisation representatives, program providers and the prosecutor (reg 11B(4)-(5)). The court may also sentence without requiring the person’s personal attendance (reg 11B(3)(d)).

Confidentiality duties:

• Persons engaged in the operation or administration of Division 5 (the screening regime) must not disclose personal information obtained in the course of those duties except for specified purposes (administration/enforcement, authorised or required by law, or with consent). Breach attracts a maximum penalty of $1,250 (reg 11H).

Register and administrative duties:

• The Trust must ensure the Register of Trust Land includes detailed title particulars, known unregistered interests, development authorisation details, and, where a lease or licence exists, lessee/licensee details including contact details, land description, commencement and expiry dates and purpose (reg 13(1)-(2)).

Rights implicit in the text:

• The Regulations explicitly recognise the Davenport community’s initiative (reg 11A(1)) and frame the purpose of the Davenport Part as supporting the community’s vision to reduce alcohol‑related harm (reg 11A(2)). The procedural rights to have community representatives, Elders and service providers attend sentencing conferences and to have the court determine the conference procedures are embedded in the text (reg 11B(4)-(6)).

Limits and clarifications:

• Medical and sacramental exceptions operate across the instruments and are expressed as exclusions from the criminal prohibitions rather than affirmative permits, so proof of the medical or religious purpose will be a factual issue in enforcement or prosecution (regs 4(2), 5(2), 6(2), 8(2), 9(2), 10(2), 11B(2), 11C(2)). The “genuinely passing through” protection on Davenport requires both the original unopened container and a bona fide passing‑through purpose (reg 11B(2)(a)). The statutory definition of “police officer” includes special constables whose powers are not limited by the Commissioner (reg 3(1)).

In short, the Regulations impose prohibitions with specific exceptions, assign confiscation and referral powers to police, place confidentiality duties on screening system participants, and mandate comprehensive Register content for Trust Land administration.

The Regulations set out a two‑tier penalty framework and give law enforcement specific operational powers.

Penalty quantum by offence:

• Possession or consumption offences on Umoona and Yalata carry a maximum penalty of $1,250 and an expiation fee of $160 (regs 4(1), 8(1)). The same monetary maximum and expiation fee apply to inhalation/possession for inhalation offences involving petrol on Umoona and Yalata (regs 6(1), 10(1)).
• Sale or supply offences on Umoona and Yalata carry a maximum penalty of $2,000 or imprisonment for 6 months, by cross‑reference to s 49(3) of the Act (regs 5(1) and note, 9(1) and note, 6(2) and note, 10(2) and note).
• For Davenport, reg 11C(1) identifies the same maximum for sale/supply offences (note referencing s 49(3) of the Act). However for possession/consumption in the Davenport dry zone the Regulations prohibit custodial sentences and monetary fines and instead restrain sentencing to non‑custodial, non‑monetary dispositions listed in reg 11B(3)(c). The sentencing hierarchy for a reg 11B offence emphasises rehabilitation and health without imposing financial burdens on the person or their family (reg 11B(3)(a)-(c)).

Expiation and summary enforcement:

• For lower‑tier offences (possession/consumption and inhalation), the Regulations give an expiation fee ($160) which typically allows an offence to be dealt with by payment without conviction; the text sets the fee but the administrative machinery for expiation (process, who receives payments) is not spelled out in these Regulations and remains governed by the Act and general expiation processes.

Police powers:

• Police may confiscate any alcoholic liquor or regulated substance where there is a reasonable suspicion of contravention of the relevant prohibitions (regs 7, 11, 11D). The confiscation power is discretionary and conditioned on a reasonable suspicion standard. The definition of “police officer” includes special constables (reg 3(1)), and their exercise of powers may be limited under the Police Act 1998 as authorised by the Commissioner of Police.

Diversion and referral as enforcement alternatives:

• For Davenport offences, police may refer a person reasonably suspected of a reg 11B offence who may be at risk due to misuse to an approved screening organisation (reg 11F(1)). A referral must be effected by written notice under the Davenport Community Alcohol Screening MOU and a copy forwarded to the approved screening organisation (reg 11F(2)-(3)). A referral operates as a stay of proceedings for the alleged offence (reg 11G), creating a legal mechanism by which enforcement action is deferred pending screening and engagement. The court’s sentencing options are correspondingly rehabilitative (reg 11B(3)).

Court processes and sanctions:

• The court may convene a sentencing conference and take views expressed at the conference into account (reg 11B(4)-(6)). The court may impose orders including screening, community service within the Davenport Community, barring orders excluding the person from the community for specified periods, and other orders appropriate to rehabilitation (reg 11B(3)(c)). Non‑compliance with a court order under reg 11B(3)(c)(iii) is contempt of court (reg 11B(7)), exposing the person to contempt penalties under court rules rather than the monetary or custodial penalties otherwise envisaged for simple possession offences.

Confidentiality enforcement:

• The confidentiality prohibition under reg 11H carries a maximum penalty of $1,250 for unauthorised disclosure of personal information related to referrals and screening, but allows disclosure for administration or enforcement of the Division, as authorised by any Act, or with the person’s consent.

Other enforcement notes:

• The Regulations frequently refer to “reasonable grounds for suspecting” when criminalising sale/supply with knowledge or suspicions about intended misuse (regs 6(2), 10(2)). This wording places evidentiary and legal emphasis on the seller’s state of mind and the objective reasonableness of that suspicion in prosecution and enforcement.
• The Regulations do not themselves create administrative licensing or permit schemes for sale of alcoholic liquor on the lands; rather they render sale/supply a criminal offence with statutory exceptions. The Register requirements create a transparency mechanism but do not, in themselves, regulate commercial activity beyond the substance‑prohibition provisions.

The enforcement architecture therefore combines immediate police confiscation powers, a low‑level expiation mechanism for minor possession offences, criminal penalties for sale/supply (with potential imprisonment via the Act), and a diversionary, rehabilitation‑oriented pathway for Davenport offences using MOUs between SA Police and approved screening organisations.

The Regulations are designed to sit within a network of State statutes, regulatory instruments and local arrangements. The text cross‑references and depends on provisions of other laws and instruments in several concrete ways.

Statutory cross‑references:

• Aboriginal Lands Trust Act 2013: The Regulations operate under the Act and expressly cross‑refer to the Act for penalty maxima relating to sale/supply offences (note referencing s 49(3)) and for administrative mechanisms such as the Register and removal from office (reg 12 cites s 14(4)(d); reg 13 cites s 42(2); reg 15 cites s 69(2) and (4)). The Regulations thereby function as subordinate rules implementing the Act’s framework in specified locations.
• Police Act 1998: The definition of “police officer” includes special constables appointed under the Police Act 1998, subject to any limitations the Commissioner of Police may impose (reg 3(1)). This links the exercise of enforcement and confiscation powers to the statutory regime governing police appointments and delegations.
• Health Practitioner Regulation National Law and State pharmacy law: “Medical practitioner” and “pharmacist” are defined by reference to registration under the national law and the law of the State respectively (reg 3(1)). The Regulations therefore rely on professional registration regimes to define who may lawfully possess or supply alcohol as a medicine.
• Development Act 1993 and Planning, Development and Infrastructure Act 2016: Reg 13(1)(c) requires the Register to record details of any development authorisation granted under either Act that affects Trust Land, including applicant name, authorisation number, granting authority, date and nature of the proposed development. This creates a concrete data link between land use planning approvals and the Trust’s Register obligations.

Administrative instruments and MOUs:

• Davenport Community Alcohol Screening MOU: Division 5 depends on a memorandum of understanding between SA Police and approved screening organisations to identify approved organisations and to set referral procedures (reg 11E). The MOU is an external instrument not reproduced in the Regulations; the practical operation of referrals, screening standards and follow‑up care will depend on the MOU’s terms.
• Expiation process and court contempt: While the Regulations fix expiation fees and reference court penalties, the administrative processes for expiation and for contempt enforcement are governed by existing State procedures and court rules not contained in the Regulations.

Effect on existing lease provisions:

• Reg 15 voids, pursuant to s 69(2) of the Act, any provision in a continued lease or licence requiring Ministerial written consent before encumbering, mortgaging, subletting, assigning or parting with possession of land. Reg 15(2) provides that this voiding takes effect, for a particular continued lease or licence, on the day the lease or licence was granted. This interacts directly with pre‑existing contractual lease terms and alters the legal rights of lessees/licensees and Ministers as to control over dealings in continued leases.

Criminal law interaction:

• Reg 12 prescribes offences under Part 5 (Offences of dishonesty) of the Criminal Law Consolidation Act 1935 as “prescribed offences” for the purposes of s 14(4)(d) of the Act (vacation of office). Thus, convictions under that Part may trigger administrative removal under the Act.

Limits and statutory interpretation:

• The Regulations define scope and exceptions in specific localities only, so parallel State criminal laws remain in force generally. The Regulations do not purport to override general criminal law except by creating localised offences and procedural mechanisms under the Act’s delegated power.

Practical implication:

• Effective enforcement and operation will depend on coordination with police appointment rules, healthcare professional registration, local MOUs for screening, planning and development bodies for Register data, and court procedures for sentencing conferences and enforcement of non‑custodial orders. The Regulations create obligations whose realisation requires action and alignment across these other statutory and administrative frameworks.

The Regulations have a concise amendment history recorded in the legislative history appended to the instrument. Key entries and their effects as recorded in the instrument are:

• 2014 (No 32): Aboriginal Lands Trust Regulations 2014 were made and published in Gazette 6.2.2014 p558. The commencement note indicates r 2 brought the Regulations into force on 1 July 2014 (1.7.2014: r 2). The 2014 instrument revoked earlier site‑specific regulations: the Aboriginal Lands Trust (Umoona Community) Regulations 2007 and the Aboriginal Lands Trust (Yalata Reserve) Regulations 2005 (Legislative history, "Legislation revoked by principal regulations").

• 2018 (No 221): A variation published in Gazette 18.10.2018 p3823 commenced on 18 October 2018 (18.10.2018: r 2). The Legislative history indicates r 2 omitted under the Legislation Revision and Publication Act 2002 and other minor editorial changes. In particular r 13(1) was varied by 221/2018 r 4 and reg 15 was inserted by 221/2018 r 5 (Legislative history "Provisions varied" table).

• 2024 (No 64): A further variation published in Gazette 4.7.2024 p2023 with commencement on 15 November 2024 (15.11.2024: r 2) inserted significant material. The 2024 instrument inserted definitions and Part 3A relating to the Davenport Community (see "Provisions varied" entries: Davenport Community and related definitions inserted by 64/2024 r 3(1); Pt 3A inserted by 64/2024 r 4; r 3 redesignated as r 3(1) by 64/2024 r 3(3); and new subregulation r 3(2) inserted) (Legislative history, Provisions varied).

• Historical versions: The instrument notes that earlier historical versions exist and lists 18.10.2018 as a historical version; details of earlier versions and their content are not reproduced in the Regulations other than the revocations noted above.

What changed functionally across these amendments:

• The 2014 Regulations consolidated site‑specific rules into a principal instrument and revoked earlier Umoona and Yalata regulations. The 2018 variation amended reg 13(1) (Register content) and inserted reg 15 (voiding Ministerial consent clauses). The 2024 amendment materially expanded the instrument to create Part 3A for the Davenport Community, including a defined dry zone, exclusions, diversionary screening and sentencing processes.

The legislative history included in the text is the authoritative record of these amendments as published. The instrument also contains a statutory note cautioning that references to other legislation or bodies are not automatically updated and may be obsolete; practitioners should therefore verify cross‑references (Legislative history notes).

The Regulations provide no case citations and no recorded litigation history in the instrument. The Legislative history does not list any judicial decisions or reported challenges concerning the Regulations. The text therefore contains no identification of judgments, appeals, or precedent‑forming decisions arising under the Regulations.

Accordingly, from the source material, there is no recorded litigation history to cite. Practitioners seeking decisions or judicial interpretation will need to search court databases and law reports and verify whether any matters have been litigated in the relevant magistrates or higher courts since the Regulations’ commencement dates (1 July 2014; variations 18 October 2018 and 15 November 2024).

The Regulations contain a number of drafting and operational details that can produce unanticipated legal or operational effects if not closely attended to.

• Territorial specificity and title reliance: The prohibitions apply only to land described by specific certificate of title references (reg 3(1) definitions of Umoona Community, Yalata Reserve, Davenport Community). Enforcement and compliance must therefore pay attention to exact cadastral boundaries and title references; disputes about whether an activity occurred on or off Trust Land have direct consequences for whether the Regulations apply.

• Davenport "excluded area" drafting: The Davenport dry zone excludes residential property on the Davenport Community except residential property that is abandoned or derelict (reg 3(1) "excluded area" (a)). This creates a potentially fine factual question: what constitutes “abandoned or derelict” residential property for the purposes of exclusion. Enforcement and administrative decisions may rest on case‑by‑case factual assessments.

• “Genuinely passing through” and original container tests: The Davenport passing‑through exception requires the alcoholic liquor to be in the original container in which it was purchased and unopened (reg 11B(2)(a)(i)-(ii)), with the cask tap rule in reg 3(2) treating a cask as opened if the tap is protruding. A traveller carrying an apparently sealed cask but with a protruding tap could lose the protection; ordinary travellers may not appreciate the cask‑tap technicality.

• Knowledge and reasonable grounds tests for sellers: Prohibitions on sale/supply of petrol, and petrol and liquor sale/supply offences in Umoona and Yalata, criminalise acts where the supplier knows or there are reasonable grounds to suspect the purchaser intends to misuse the substance (regs 6(2), 10(2)). These mental‑state elements invite evidentiary debates about what constitutes “reasonable grounds” in the supplier’s circumstances.

• Police discretionary confiscation power: Police confiscation is authorised on reasonable suspicion alone (regs 7, 11, 11D). Confiscation without immediate judicial oversight can raise procedural risk and produce conflict with property protection expectations, especially where the owner disputes the “reasonable suspicion” basis.

• Divergent sentencing regimes: Davenport possession/consumption offences are explicitly non‑monetary and non‑custodial (reg 11B(3)(b)), but sale/supply offences retain the general higher penalty including imprisonment via the Act (reg 11C(1) note). This creates asymmetry where mere possession attracts rehabilitative diversion but supply attracts the full criminal sanction.

• Referral MOU dependence: The screening referral mechanism depends on a Davenport Community Alcohol Screening MOU to identify “approved screening organisations” and set referral procedures (reg 11E). That MOU is not reproduced in the Regulations; operational detail and funding arrangements will therefore depend on an external, non‑statutory instrument.

• Confidentiality carve‑outs: The confidentiality prohibition in reg 11H permits disclosure for the administration, operation or enforcement of the Division, as authorised by any Act, or with consent. The breadth of “administration” and statutory authorisations may require careful drafting of MOUs and data‑sharing agreements to avoid breaches.

• Register accuracy obligations and development authorisations: Reg 13(1) requires the Register to include details of development authorisations under either the Development Act 1993 or the Planning, Development and Infrastructure Act 2016, including applicant and application number. Trust administrators and developers must track and record approvals across different planning regimes to comply.

• Voiding Ministerial consent in continued leases from grant day: Reg 15 makes void any clause in continued leases that requires Ministerial consent before encumbering, mortgaging, subletting, assigning or parting with possession and takes effect on the day the lease was granted. Parties to existing continued leases may face retroactive changes to their contractual framework, potentially producing unanticipated transferability or encumbrance options.

• Definitions that import other regimes: “Medical practitioner” and “pharmacist” are defined by reference to registration regimes; changes to those regimes could affect the operational scope of exceptions in the Regulations. Practitioners should monitor registration criteria and state pharmacy law as they interact with the Regulations’ exceptions.

• Lack of explicit administrative guidance on expiation process and confiscated property disposal: The Regulations set expiation fees and confiscation powers but do not set out the procedure for disposal of confiscated property, timeframes for retention, or appeal/recovery processes. This gap creates operational uncertainty for police and affected persons.

These are concrete implementation and legal questions that flow directly from the text; they highlight areas where operational protocols, MOUs, community consultations and clear recordkeeping will be necessary to manage risk and ensure consistent enforcement.

Compliance requires different actions by communities, lessees and licensees, businesses, police, courts and service providers. Below is a practical checklist grounded in the Regulations’ text.

For individuals (residents and visitors):

• Do not possess or consume alcoholic liquor on Umoona Community or Yalata Reserve (regs 4(1), 8(1)) unless you fall within an explicit exception (sacramental/religious ceremony, lawful medical prescription/administered alcohol). For Davenport dry zone, if you are merely passing through ensure the liquor is in the original unopened container (reg 11B(2)(a) and reg 3(2) cask rule).
• Avoid possession of petrol for inhalation/consumption on Umoona and Yalata (regs 6(1), 10(1)).
• If you are supplied alcohol under medical direction, retain prescriptions or documentation that establish the medicinal purpose (regs 4(2)(b)-(c), 8(2)(b)-(c)).

For businesses and suppliers:

• Do not sell or supply alcoholic liquor on Umoona or Yalata or within the Davenport dry zone, except in the narrow exceptions (medical supply by a health professional, or supply to an infirm person where no profit is made and requested) (regs 5(1), 9(1), 11C(1)-(2)). Document medical supplies and the health professional’s authority.
• For petrol sales, ensure point‑of‑sale checks and recordkeeping to show absence of knowledge or reasonable grounds to suspect misuse; train staff to recognise red flags that could give rise to “reasonable grounds” (regs 6(2), 10(2)).
• If delivering alcohol to a person unable to obtain it, ensure the recipient is 18+, the supply is at their request, and the supplier does not make a profit; keep contemporaneous records documenting these facts (reg 11C(2)(a)).

For Trust administrators (Register duties):

• Maintain the Register in accordance with reg 13(1)-(2): record title Volume and Folio numbers, land description, any registered interests or charges and other instruments noted; record known unregistered interests with land descriptions; include development authorisation details (applicant, authorisation number, granting authority, grant date, location and nature of proposed development).
• Where a lease or licence exists, record lessee/licensee name and contact details, description of land, commencement/expiry dates and the purpose (reg 13(2)).
• Ensure processes for providing copies of parts of the Register at the Schedule 1 fee rate ($1.60 per page) (Schedule 1).

For SA Police and law enforcement:

• Exercise confiscation powers only on a reasonable suspicion that a contravention has occurred (regs 7, 11, 11D), and maintain records documenting the basis for the reasonable suspicion, steps taken and chain of custody for confiscated property.
• For Davenport referrals, follow the Davenport Community Alcohol Screening MOU procedures: issue written referral notices in the MOU’s form and forward copies to the approved screening organisation electronically as required (reg 11F(2)-(3)). Be aware that a referral operates as a stay of proceedings (reg 11G).
• Understand the definition of “police officer” in reg 3(1) including scope for special constables and any limitations placed under the Police Act 1998.

For approved screening organisations and program providers:

• Ensure the organisation is declared an “approved screening organisation” under the Davenport Community Alcohol Screening MOU and sign or confirm the MOU with SA Police as required (reg 11E).
• Establish confidentiality protocols consistent with reg 11H: restrict disclosure of personal information obtained through screening to authorised purposes (administration/operation/enforcement of Division 5, as authorised by law, or with consent). Maintain secure records and procedures for information sharing with the court and program providers where permitted.

For courts and prosecutors:

• In Davenport sentencing of a reg 11B offence, apply the statutory constraints: do not impose custodial sentences or monetary fines; prioritise rehabilitation and health (reg 11B(3)(a)-(c)).
• Use sentencing conferences where appropriate, and invite the listed participants (defendant, legal representative, community Elders/Respected Persons, community representative, approved screening organisation representative, program provider, prosecutor) (reg 11B(4)-(6)). Record views expressed at the conference and ensure compliance orders are clear and enforceable.
• If a person refuses or fails to comply with a court order under reg 11B(3)(c)(iii), consider contempt proceedings (reg 11B(7)) in accordance with court rules.

For lessees and licensees with continued lease provisions:

• Review existing lease and licence clauses that require Ministerial written consent for encumbrance, mortgaging, subletting, assignment or parting with possession. Reg 15(1) declares such clauses void as regards continued leases continued by Schedule 1 clause 10 of the Act, and reg 15(2) provides that the voiding takes effect on the date of grant for the particular lease or licence. Legal advisers should audit the chain of title and transactional risk arising from this retroactive voiding.

General compliance and risk management:

• Develop local community engagement and education materials explaining the prohibitions, exceptions and the process for referrals and screening, particularly in the Davenport Community where community initiative and participation are central (reg 11A).
• Where operating in or adjacent to the specified Trust lands, ensure site maps and staff training are in place so that employees know when the Regulations apply and what to do if enforcement action occurs (confiscation, referral).
• Keep clear, contemporaneous records of all supplies made under the exceptions (medical supplies, deliveries to infirm persons, materials showing “genuinely passing through” status), so that proof is available if enforcement action arises.
• For confiscated property and expiation notices, put in place protocols for notifying persons of confiscation, retaining property safely, and providing avenues for dispute or recovery in accordance with police and court procedure.

Following these steps will align operational behaviour with the specific requirements and exceptions in the Regulations, reduce enforcement risk and assist in managing the multi‑agency interactions the instrument anticipates.