Burswood Park By-laws 1988

The instrument is structured to distinguish between general reserve governance and a specific, more detailed management regime for the golf course. Core definitional and structural devices shape how rules operate.

Definitions and legal source

• The by‑laws operate under the Parks and Reserves Act 1895 (the Act), and define key terms (authority, Board, reserve, Burswood Park, golf course, controller) up front (by‑law 4). Those definitions are the primary interpretive anchors for the rest of the text.
• The reserve to which the by‑laws apply is Reserve No. 39361 and the text requires strict geographic application (by‑law 3).

Delegated management and decision makers

• The Board is the primary decision maker; it can erect notices, close parts of the reserve, determine parking areas and approve tracks for vehicles (by‑laws 5, 7, 9). The Board may appoint a controller to manage the golf course with specific powers delegated to that role (by‑law 38).
• “Authorised person” and “authority” are central operational concepts. The Board, a person authorised by the Board or an authorised person may give authority (by‑law 4). Authorised persons and the controller are repeatedly empowered to give directions, remove persons and property, and enforce by‑laws (by‑laws 11(3), 13, 33-37, 54).

Access control and time limitation

• The Board may close the whole or part of the reserve temporarily for any purpose it decides (by‑law 5). Entry through closed gates or into closed parts is an offence (by‑law 6). For the golf course, opening times are determined by the Board and entry and continuation on the golf course are confined to those hours and days (by‑laws 41, 39(1)(b)).

Activity‑specific regulation

• Vehicle regulation is a separate theme: the by‑laws prescribe where vehicles may be driven (sealed roads, designated parking, Board‑approved tracks), prohibit certain vehicle types (goods carriers, earthmoving plant) and set speed limits (by‑laws 8-11). The Board may close tracks to vehicles by signage (by‑law 10).
• Environmental protection rules prohibit damaging vegetation, disturbing natural surfaces and polluting water and set relatively substantial fines for those actions (by‑laws 15 and 16).
• Conduct rules encompass offensive or disorderly behaviour, prohibitions on carrying weapons and alcohol, and restrictions on camping, swimming and boating (by‑laws 17-24, 18, 19-21).

Golf course as a distinct regime

• Part 3 creates a tailored regulatory framework for the golf course. The controller has authority to refuse entry, direct order of play, require tickets/authorisations and enforce etiquette and local rules. Commercial activity within the golf course (coaching for a fee, selling goods) is prohibited without authority (by‑laws 39-53).
• Ticketing and admission fees are governed by the Board, which sets fees and may waive them; the controller may cancel permissions and fees are generally non‑refundable (by‑laws 51-53).

Enforcement: sanctions and modified penalties

• The by‑laws create offences with specified maximum penalties; many offences also appear in the Schedule with lower fixed sums to be used as “modified penalties” if a notice under s 14 of the Act is issued (by‑law 55 and Schedule).
• Powers to remove, retain and impose costs for removal are explicit, and the Board disclaims liability for loss or damage arising from such removals (by‑laws 13(3), 33(2), 33(3)).

Conceptually, the by‑laws combine land‑use control, safety regulation and user‑conduct governance, concentrating operational discretion in the Board, the controller and authorised persons, while setting out criminalised conduct and lower, administrable fines where the modified penalty mechanism is used.

The by‑laws create duties and constraints that apply to anyone who enters or attempts to enter Reserve No. 39361. The primary affected parties and stakeholders are:

• Visitors and the general public: Every person who enters Burswood Park is subject to access controls (by‑laws 5-6), prohibitions on certain behaviours (by‑laws 15-21), and requirements about animals and dogs (by‑laws 30, 30A). Ordinary park users bear the compliance costs of observing speed limits (11(2)), parking rules (12), and prohibitions on swimming, boating and camping (22-24).

• Vehicle owners and drivers: The rules expressly target drivers, owners and persons in possession of vehicles. The by‑laws prohibit certain classes of vehicles (8), restrict driving locations and speeds within the reserve (9-11), impose parking restrictions (12), and authorise removal and retention of vehicles with recovery costs payable by the owner (13). Owners who park contrary to the by‑laws risk removal and cost liability (13(1)-(4)).

• Dog owners and those responsible for animals: The by‑laws forbid bringing animals without authority (30) but permit dogs if restrained on a chain, cord, leash or harness not exceeding 3 metres in length (30A). Non‑compliance carries a penalty. The Board also has a power to remove animals from the reserve and to retain them until costs are paid (33).

• People engaged in commercial or organised activity: Trading, advertising, erecting structures and coaching for a fee are prohibited unless authority is granted by the Board (by‑laws 27-29, 39(1)(m), 28). Persons intending to sell goods, offer services, hold events or erect structures must obtain Board authority; otherwise they commit offences and may face penalties (28-29).

• Golfers, caddies and golf business operators: Part 3 creates a distinct set of obligations for those who use the golf course. Players must hold tickets or written authorisations (40(1)(b), 43), comply with equipment and dress standards (40(1)(d), (e)), and observe rules on group size and play sequence (45-48). Controllers can refuse entry, impose local rules, cancel tickets and remove players (42, 50-53). Caddies who are permitted to act on the course must follow controller directions (44).

• The Board, controller and authorised persons: These entities are the primary implementers and enforcers. They decide on access closures, signage, parking areas, ticketing and course operation (by‑laws 5, 7, 12, 41, 51). They also exercise enforcement powers to direct, remove, seize, detain and retain property and animals, and to collect costs (13, 33-37, 54).

• Vehicle recovery and service providers: Although not directly named, towage or vehicle removal contractors may be engaged by the Board to execute vehicle removals (13(1)-(2)), and owners will be the party paying the incurred costs (13(3)-(4)).

• Persons contesting controller decisions: A narrow appeal mechanism exists , a person refused entry to the golf course may appeal in writing to the Board and the Board’s decision on the appeal is final (42(2)). This creates a one‑step internal review only.

Who pays and who decides

• Those who contravene the by‑laws generally pay fines; owners pay costs for removal of vehicles, animals or goods and may have property retained until paid (13(3)-(4), 33(2)-(3)). The Board and its authorised officers decide on closures, approvals, ticketing, removal and enforcement (5, 7, 38-39, 13, 33, 54).

Geographic scope and limits

• The by‑laws only apply to Reserve No. 39361 (by‑law 3). The Board’s powers are confined to that reserve and the golf course as defined within it (by‑laws 3-4, 38).

The regulatory burdens are therefore diffuse across general visitors (many small, everyday obligations) and concentrated on particular activities (vehicle owners, commercial operators, golfers), with enforcement and discretionary control placed in the hands of the Board, the controller and authorised persons.

Duties imposed by the by‑laws are expressed as prohibitions or positive obligations. Rights are primarily procedural or conditional permissions granted by the Board, the controller or authorised persons.

Principal duties imposed on all persons

• Do not enter closed parts of the reserve without authority; do not enter through a gate unless opened by an authorised person (by‑law 6(1)-(2)). Failure attracts monetary penalties (by‑law 6, Schedule).
• Do not damage or remove flora, fauna, turf, natural features, buildings or installations, and do not pollute reserve waters (by‑laws 15-16). These carry higher maximum penalties (for example $400 for environmental damage, $1 000 for water pollution and lighting fires).
• Do not light fires or bring/explode explosive devices without authority (by‑laws 17, 18). Specific surrender obligations apply if an unauthorised person is found carrying weapons or devices (18(3)).
• Do not behave offensively or in a disorderly manner; do not bring or consume alcohol without authority (by‑laws 19-21).
• Keep dogs restrained on a chain, cord, leash or harness not exceeding 3 metres (30A(1)).

Vehicle and traffic responsibilities

• Drive only on sealed roads, authorised parking areas or tracks approved by the Board (9). Obey traffic signs, directions of authorised persons and speed limits (11(2)-(3)). Do not bring prohibited classes of vehicles into the reserve (8).
• Park only in designated parking areas and wholly within a marked stall where such marking exists (12). Owners of vehicles removed for contravention pay removal costs and face retention of their vehicle until paid (13(1)-(4)).

Golf course specific duties

• On the golf course, only enter by public entrances and during opening hours (39(1)(a)-(b), 41).
• Possess and produce a written authorisation or ticket when requested; play only with sufficient golfing equipment as defined (40(1)(b), (d); 40(2); 43).
• Obey the controller’s directions, local rules, etiquette and group size limits (44-50). Controllers may cancel permissions and refuse entry; their decisions are subject to a written appeal to the Board, which is final (42(1)-(2), 52).

Rights and procedural protections

• Authority or permission from the Board, a person authorised by the Board, or an authorised person provides a lawful exception to many prohibitions (definition of authority, by‑law 4; e.g. 6(1), 8, 17).
• Persons removed or refused entry from the golf course may appeal in writing to the Board; the Board’s decision is conclusive (42(2)).
• The Board may grant authority to sell, to erect structures and to use parts of the reserve for activities or events; it may also waive admission fees on the golf course (28, 29, 51).
• Where the Board or authorised person removes vehicles, objects or animals, the owner must pay removal costs but the by‑laws explicitly exclude liability by the Board or authorised persons for loss or damage arising out of the removal (13(3), 33(2)).

Enforcement rights of the Board, controller and authorised persons

• Authorised persons may give lawful directions, require compliance and remove persons, vehicles, goods and animals from the reserve (by‑laws 11(3), 13(1), 33(1), 34, 35).
• The controller has specific powers on the golf course: to refuse entry, to inspect and require production of tickets, to cancel tickets, to direct order of play and group formation, and to enforce dress and equipment standards (by‑laws 39-53).
• The Board may erect or display traffic signs and close roads or tracks to vehicles, creating limited access zones and vehicle class restrictions (by‑laws 7, 10).

Financial powers

• The Board sets admission fees for the golf course, can waive fees and may keep fees even when a person cannot complete play (51-53). The Board can charge and collect costs for removal of item(s) and may retain possession of such items until costs are paid (13(3)-(4), 33(2)-(3)).

Overall, duties are specified for public safety, environmental protection and the orderly use of park facilities; rights are largely discretionary permissions conferred by the Board or its delegates, with limited procedural recourse (notably the limited appeal for golf course entry refusals).

The by‑laws create a two‑tier enforcement apparatus: statutory maximum fines attached to specific offences within the text of the by‑laws, and a modified penalty scheme that allows for fixed, lower amounts to be levied administratively where a statutory notice procedure under the Parks and Reserves Act 1895 is engaged.

Maximum penalties and catalogue of offences

• Many by‑laws specify a maximum penalty expressed as a dollar amount. Examples include: $1 000 for lighting fires (17), $1 000 for polluting water (16), $1 000 for carrying or discharging firearms or explosives (18), $400 for damaging flora or park installations (15), and $200-$500 for various traffic and conduct offences (11, 12, 8, 9). The by‑laws specify the offence and the corresponding maximum penalty within each provision.

Modified penalties and administrative option

• By‑law 55 implements a modified penalties scheme in accordance with s 14 of the Act. The Schedule lists a range of offences (entries from by‑law 6(1) through by‑law 50) and lower fixed penalty amounts for each. For example, modified penalties include $10 for entering where closed (6(1)), $25 for driving prohibited vehicles (8), $30 for damaging flora (15), $25 for littering (25), and $25 for failure to produce a ticket (43). The Schedule entries are explicitly tied to a notice procedure under s 14 of the Act (by‑law 55). The result is that where the notice mechanism is used, offenders may discharge liability by payment of the stated fixed amount rather than contesting a charge with the higher statutory maximum.

Enforcement actors and powers

• Authorised persons and the controller are the primary enforcement agents. They may:
  • Give directions and require compliance; failure to obey those directions is an offence (35).
  • Remove persons who breach by‑laws (34) and remove or cause removal of objects or animals contrary to the by‑laws (33(1)).
  • Remove vehicles parked contrary to the by‑laws, unsecured or abandoned, and to take reasonable action (unlocking, towing) to effect removal (13(1)-(2)).
  • Direct players on the golf course into groups, refuse entry, cancel tickets and enforce conduct and etiquette; breaches of Part 3 provisions carry the prospect of immediate removal and a fine up to $500 in addition to being removed (54).

Costs, retention and liability disclaimers

• Owners of removed vehicles, animals or goods must pay costs incurred by the Board in effecting removal and the Board may retain such property until costs are paid (13(3)-(4), 33(2)-(3)). The by‑laws expressly provide that neither the Board nor an authorised person is liable to the owner for loss or damage arising from removal (13(3), 33(2)). This shifts the immediate economic burden of removal and any risks of damage to the owner rather than the Board.

Procedural limitations and appeals

• The only procedural internal appeal expressly provided is for a person refused entry to the golf course: that person may appeal in writing to the Board and the Board’s decision is final (42(2)). There is no general administrative appeal or internal review mechanism set out for other enforcement actions within the by‑laws.
• The modified penalty procedure (by‑law 55 and the Schedule) relies on s 14 of the Act and would be engaged where enforcement proceeds by notice rather than charging in court; the by‑laws do not specify the notice form or timeline beyond the reference to the Act.

Enforcement discretion and practical enforcement

• Discretion is concentrated: the Board, its appointees and authorised persons decide on closures, signage, permitted users, and removals (by‑laws 5, 7, 38-39, 13, 33, 54). This means enforcement frequency and emphasis can be shaped by the Board’s operational choices, signage and delegation of authority.
• Some by‑laws create criminal‑law style prohibitions (e.g. impersonation of an authorised person, 36(3)), while others are regulatory with lower penalties and the option for modified penalties. The Schedule indicates the Board’s likely enforcement priorities where low administrative fixed sums have been set for common infringements.

The net effect is a regulatory framework that allows the Board to choose between prosecutorial enforcement and streamlined settlement via a modified penalty notice in many cases, while retaining more serious offences as higher‑penalty statutory offences.

The by‑laws are expressly framed as subsidiary instruments under the Parks and Reserves Act 1895 (the Act), and their operative scope and procedural mechanisms reference that parent statute. The text itself contains limited cross‑references, but the following interactions can be drawn from what the instrument states.

Statutory parentage and modified penalties

• The by‑laws repeatedly invoke the Board constituted under section 3 of the Act (definition of “Board”, by‑law 4). They expressly implement a modified penalty mechanism through the notice procedure referenced in section 14 of the Act (by‑law 55). Therefore the procedural and enforcement options available under s 14 of the Act (which the by‑laws do not reproduce in full in this text) are directly relevant to how enforcement by notice operates for the offences listed in the Schedule.

Localised by‑laws subordinate to the Act

• The by‑laws are regulatory instruments that operate within the statutory framework provided by the Act. They do not purport to override or amend other state statutes; rather, they create offences and delegated powers specific to the reserve, implemented by the Board. Any interaction with other state laws (for example road traffic legislation, criminal law or animal welfare statutes) is not specified in the text, but those external regimes would continue to operate in their own spheres. For instance, a driver on a sealed road in the reserve must obey the by‑law speed limit (11(2)), but the text does not address how this limit interacts with general road traffic laws , that interaction would depend on the terms of the Act and the scope of delegation permitted by State law.

Property and recovery rights versus civil liability

• The by‑laws define the Board’s right to remove and retain vehicles, animals and objects and to charge costs (13, 33). They also expressly exclude liability by the Board and authorised persons for loss or damage resulting from such removals (13(3), 33(2)). These by‑laws therefore create property deprivation and financial obligations triggered by breach, while limiting the Board’s civil liability exposure in respect of enforcement acts. Any civil claims for damage would likely engage general tort or contract principles outside the by‑laws.

Criminal and regulatory overlap

• Several by‑laws create offences that could conceptually overlap with criminal offences under general law (for example assaultive conduct, carrying weapons, impersonation), but the by‑laws themselves treat these as regulatory offences with specified maximum penalties. Nothing in the text prevents another jurisdictional body from prosecuting overlapping conduct under state criminal law, but the by‑laws do not speak to double jeopardy or committal issues.

Administrative law and decision‑making

• The Board and controller have wide discretion: refuse entry, cancel tickets and make decisions that affect rights of entry and use (by‑laws 42, 52). The by‑laws provide a narrow written appeal to the Board for refusals of entry to the golf course (42(2)); they do not create a statutory independent review or tribunal route. Administrative law principles (natural justice, procedural fairness) outside the scope of the by‑laws may nevertheless apply to Board decisions depending on the nature of the power and the relevant enabling statute (the Act), though the text here does not address that interaction directly.

Commercial and contract effects

• The by‑laws authorise the Board to grant authority to trade, coach, or use reserve space, and to set admission fees for the golf course (28, 51). These functions will interact with commercial and contractual law in practice as the Board licences or contracts with third parties. The by‑laws permit fee waivers and cancellation of tickets (51(2), 52) and state that fees are non‑refundable if play cannot be completed (53), which affects contractual expectations and potential refund disputes.

In short, the by‑laws are a specialised, localised regulatory overlay operating under the Parks and Reserves Act 1895; their enforcement mechanisms (including the modified penalty regimen) depend on and interact with the parent Act. Broader interactions with state traffic, criminal, tort and administrative law are not detailed in the text but remain relevant in practice and would be governed by those statutes and general common law principles external to the by‑laws.

The compilation table provided in the by‑laws sets out the making and amendment dates and Gazette references. The instrument has been amended multiple times since its original Gazettal in 1988. The key chronological facts shown in the reprint are:

• Original instrument: Burswood Park By‑laws 1988, Gazetted 7 October 1988 (pp. 4112-19) and commenced 7 October 1988 (by‑law 2). This is the base instrument.
• First amendment: Burswood Park Amendment By‑laws 1988, Gazetted 13 January 1989 (pp. 80-81) and commenced 13 January 1989. The 1989 amendment made substantive additions to Part 3 (golf course provisions), including various restrictions and the Schedule entries (by‑laws 39-50, Schedule adjustments).
• Second amendment (labelled 1991 but Gazetted in 1992): Burswood Park Amendment By‑laws 1991, Gazetted 24 January 1992 (pp. 376-77) and commenced 24 January 1992. This amendment inserted by‑law 30A, establishing the contemporaneous dog restraint rule (leash length not exceeding 3 metres) (30A(1)-(2)). The amendments table notes that by‑law 30 was amended at that time.
• Third amendment: Burswood Park Amendment By‑laws 1996, Gazetted 19 March 1996 (p. 1248) and commenced 19 March 1996. That amendment inserted by‑laws 19 and 20 amendments (offensive/indecent behaviour and the insertion of disorderly behaviour provisions) and updated the Schedule. The Gazette references in the Schedule footnote confirm amendments occurred in 1989, 1992 and 1996.
• Reprint: The instrument was reprinted under the Reprints Act 1984 as at 16 July 2004. The reprint compiles the original by‑laws together with the amendments referenced above into a consolidated text as at that date (Notes and Compilation table).

Amendments by subject area and practical effect

• The 1989 amendments expanded and refined the golf course regulatory regime (Parts 3 provisions and Schedule entries), creating the controller role, ticketing requirements and admission fee provisions (by‑laws 38-53).
• The 1992 amendment introduced an explicit dog‑restraint rule (30A) reflecting a policy decision to allow dogs subject to a specific restraint condition, replacing a blanket prohibition in by‑law 30 as previously framed.
• The 1996 amendment addressed conduct on the reserve by sharpening wording and penalties for offensive and disorderly conduct (19, 20), and the Schedule was updated to reflect modified penalties for these offences.

What the compilation does not show

• The reprint notes only amendments up to 1996 and the compilation date of 16 July 2004. The text provided does not show any amendments after 1996, but it is confined to the reprint date specified. Any changes made after 16 July 2004 are not reflected in this text.

Taken together, the amendment history shows iterative refinement: initial enactment in 1988, concerted expansion and detail for the golf course in 1989, a specific policy change to allow dogs on leashes in 1992, and behavioural provisions tightened in 1996. The Board’s discretion and the enforcement apparatus (modified penalties Schedule) were introduced or adjusted through those amendments, focusing enforcement on common, administrable breaches while retaining higher statutory maxima for more serious conduct.

The text of the by‑laws provided contains no citation to any case law, judicial decisions or litigation outcomes. There are no judicial determinations, appeals, or reported cases included in the instrument. The reprint and compilation table likewise list only the by‑laws and amendments together with Gazette references; there is no mention of litigation or court proceedings in the material supplied.

What that means for practitioners and researchers

• There is no recorded litigation history contained in the by‑laws themselves. If a user requires judicial interpretation, precedent or appellate decisions construing any of these by‑laws, that information will not be found in the by‑laws text and will require a separate search of case law databases, tribunal decisions or registry records.
• The absence of litigation references in this reprint does not necessarily mean the by‑laws have never been litigated; it means the instrument as published and reprinted here does not record or summarise any such litigation. Any reliance on judicial interpretation or enforcement practice therefore needs corroboration from external legal research, such as judgments, tribunal decisions, or administrative records of the Board.

Practical consequences

• Because the by‑laws create offences with specified monetary penalties and a modified penalty mechanism, disputes may arise in practice regarding: whether authority existed for particular acts; the lawfulness of removals or retention of property; the adequacy of signage for closures or traffic restrictions; or the validity of delegated decisions by the controller. All such disputes, if escalated, would produce a litigation record separate from this text.
• For those advising clients (visitors, vehicle owners, golfers, licensees) the absence of litigation history in the by‑laws necessitates caution: any argument about how the provisions have been applied or interpreted must be supported by external case law or administrative decision records.

In summary, the by‑laws contain no embedded litigation history; independent legal research is required to locate any judicial or administrative authority interpreting the provisions.

Several practical traps, ambiguities and friction points arise from the text which practitioners and operators should note. These are mechanics and implementation risks grounded in the by‑laws themselves.

1. Authority, authorised person and controller: broad delegations with limited definition

• “Authority” is defined as permission given orally or in writing by the Board, a person authorised by the Board or an authorised person (by‑law 4). “Authorised person” is frequently relied upon for enforcement (directions, removals, inspects). The by‑laws do not specify a process for appointment, identification or public notification of authorised persons. This creates operational ambiguity: visitors may not be able to readily verify an authorised person’s status, and disputes over the lawfulness of directions may hinge on proof of authorisation.

2. Signage‑based closures and notice reliance

• The Board can close the reserve, parts of it, roads or tracks by notice or traffic sign (by‑laws 5, 10). The by‑laws make entry to closed areas an offence (6). Whether signage and notice give adequate legal notice to individuals turns on the content, location and visibility of those signs; the instrument does not stipulate content or minimum notice standards.

3. High delegation to the controller on the golf course with limited appeal

• The controller has wide discretionary powers (refuse entry, require tickets, set local rules, cancel permissions) and appeals are strictly to the Board in writing with the Board’s decision final (42(1)-(2)). There is no independent, external review procedure set out in the by‑laws for many enforcement actions, limiting procedural remedies for users.

4. Removal and retention with explicit no‑liability clause

• Vehicles, animals and objects can be removed and retained until costs are paid; the Board and authorised persons are explicitly not liable for loss or damage arising from removals (13(3), 33(2)). Owners bear financial and risk exposure for removals even where removal was initiated by the Board.

5. Modified penalty small sums vs statutory maxima

• The Schedule sets modest fixed sums for many common offences (often $25-$30). However, the substantive by‑laws set higher maximum penalties in many cases (for example, $400 for damaging flora, $1 000 for lighting fires). Paying a modified penalty discharges court exposure but the lower sums may incentivise repeat minor breaches or reduce deterrence for certain conduct.

6. Dog rules: coexistence of general prohibition and specific leash rule

• By‑law 30 states a person shall not bring any animal or bird without authority (subject to 30A); by‑law 30A then allows dogs on a specific leash condition. Practically, operators need to ensure signage reflects the exception and the leash length cap (3 metres). The by‑laws do not articulate permitted off‑leash zones or exemptions for working dogs.

7. Incomplete cross‑statutory reference points

• Some rules (e.g. speed limits in the reserve, carriage of weapons) may overlap with other State acts (road traffic laws, firearms legislation), but the by‑laws do not address how conflicts are to be resolved. Enforcement in practice could involve parallel enforcement channels and uncertainty about primacy.

8. Non‑refundable fees and potential fairness disputes

• The by‑laws state fees for golf admission are non‑refundable if a person cannot complete play within authorised time (53). This may create consumer disputes in circumstances where cancellation or interruption is Board‑instigated (e.g. course closure for safety); the by‑laws do not create refund rights in such circumstances.

9. Ambiguity about “sufficient golfing equipment” and dress standards

• “Sufficient golfing equipment” is defined as not less than one putter, six clubs and a golf bag (40(2)). But compliance with dress standards is left to the controller’s opinion (40(1)(e)), which can create subjective enforcement and potential for disputes. The by‑laws provide no standards or notice board description of approved footwear/dress.

10. Limited express procedural safeguards when authority is exercised orally

• Authority may be given orally or in writing (by‑law 4). Oral authorisations are convenient but create evidentiary risks in disputes, particularly where removal or fine decisions follow an oral instruction.

11. No express procedure for return or sale of retained property

• The by‑laws allow retention until costs are paid, but do not set time limits, storage obligations or sale procedures if costs remain unpaid for a prolonged period. This gap could create administrative friction and legal exposure.

12. Controller’s power to ban or exclude,scope of “any portion” of the golf course

• The controller may refuse permission for “any portion” of the golf course (42(1)), which could be used to exclude people from types of use (e.g. practice areas) with minimal procedural recourse.

These “gotchas” are concrete operational and legal friction points created by how the by‑laws allocate discretion, create evidence rules, and set enforcement outcomes. Each creates a potential locus for conflict between users and the Board or controller and therefore demands clear operational policies and signage to reduce disputes.

A compliance‑focused checklist for visitors, operators, commercial users and the Board/controller based on the by‑laws follows. The recommendations are strictly derived from the by‑laws and show what a prudent operator or member of the public should do to reduce risk of breach.

For general visitors and recreational users

• Check that you are on Reserve No. 39361 before acting on these by‑laws (by‑law 3). Observe and obey all closure notices and signage: do not enter parts closed by notice, do not use tracks or footpaths closed under by‑law 5 and do not enter through a gate unless opened by an authorised person (by‑laws 5, 6(1)-(2)).
• Avoid prohibited activities: do not light fires, pollute water, bring or discharge firearms or explosives, camp, boat, or swim without express authority (by‑laws 16-18, 22-24).
• If bringing a dog, ensure the animal is restrained on a chain, cord, leash or harness of sufficient strength and not exceeding 3 metres at all times while on the reserve (30A(1)). Display evidence of ownership and be prepared to control the dog immediately if directed by an authorised person.

For drivers and vehicle owners

• Drive only on sealed roads, authorised parking areas or Board‑approved tracks; observe speed limits (20 km/h on roads/tracks, 5 km/h in parking areas unless otherwise signed) and obey traffic signs (by‑laws 9-11). Do not bring prohibited classes of vehicle (goods carriers, earthmoving plant) without authority (8).
• Park only in designated parking areas and wholly within marked stalls if provided (12). If your vehicle is towed or removed you are liable for removal costs and the Board may retain the vehicle until costs are paid (13(1)-(4)). Keep registration and contact details accessible to facilitate recovery.

For dogs, animals and caretakers

• Do not bring animals without authority except that dogs are permitted with the leash restriction (30, 30A). If an authorised person directs removal, comply immediately to avoid further penalties (33, 34). Keep vaccination and ownership documents for animals and be ready to pay any applicable removal costs.

For commercial operators, event organisers and traders

• Obtain written authority from the Board before selling goods, soliciting funds, erecting structures or organising activities that could inconvenience others or affect park features (by‑laws 27-29, 31). For coaching on the golf course or commercial use of the golf course, obtain the Board’s prior written authorisation (by‑law 39(1)(m), 51).
• Be aware that the Board may grant authority, waive fees, or cancel permission at any time and that fees may be non‑refundable (51, 52, 53).

For golfers and golf course users

• Enter and exit the golf course only at public entrances and only on days and during hours the course is open as determined by the Board (39(1)(a)-(b), 41). Possess and, when requested, produce a written authorisation or ticket appropriate for play (43). Keep tickets and authorisations on your person while playing.
• Observe the minimum equipment requirement (one putter, six clubs, a golf bag) and controller dress/footwear standards; comply with the order of play, group size limit of four players per round, etiquette, and local rules displayed on scorecards or notice boards (40(2), 40(1)(d)-(g), 45-50).
• Do not coach or instruct for a fee on the course unless authorised, and do not sell golf equipment or services on the course without permission (39(1)(m)-(n)).

For people interacting with authorised persons

• Comply with lawful directions and requests from authorised persons in the discharge of their duties, including requests to provide names and addresses (by‑laws 35, 36(2)(b)). If an authorised person requests surrender of a weapon or device carried without permission, surrender it (18(3)).

Operational steps for the Board and controller to reduce disputes

• Publish and maintain clear signage: closure notices at all entrances (5) and conspicuous traffic signs for road/track closures, speed limits and parking areas (7, 10, 11, 12). Explicitly display golf course opening hours, ticket prices and local rules at the controller’s office as required (41, 51).
• Keep a clear register and identification system for authorised persons and for any oral authorities given; where possible record authorisations in writing to avoid evidentiary disputes (by‑law 4).
• Institute written procedures for removal and retention of vehicles and animals, including a documented billing and release process to minimise claims of arbitrary detention and to manage storage/logistics risks (13, 33).
• Publish the process for seeking Board authority for trading, events, structures and exemptions; provide clear timelines for decisions and records of waivers and approvals to reduce uncertainty and ad hoc disputes (28-29, 51).
• Ensure controllers have written job descriptions outlining their exercise of discretionary powers, and keep records of refusals and cancellations so that appeals to the Board (42(2)) can be efficiently processed and defensibly decided.

Using the modified penalty process

• Understand the difference between falling foul of the statutory offence and paying the reduced sum under the modified penalty Schedule (by‑law 55). Where a person receives a notice under s 14 of the Act, advise them of the option to pay the modified penalty and the consequences of non‑payment (Schedule). Keep a compliant administrative record of notices issued.

By following these steps, users and operators reduce exposure to fines, removal costs and dispute risk. The key to compliance is clarity of authority, conspicuous signage, documentation of permissions, and prompt cooperation with authorised persons and the controller.