Liquor Control (Joy Springs Restricted Area) Regulations 2023

These regulations declare a geographically specific part of Western Australia, described as the Joy Springs (Eight Mile) area, to be a restricted area for the purposes of section 175(1a) of the Liquor Control Act 1988 (the Act) (reg 4). The instrument then creates an offence regime that prohibits bringing liquor into or possessing liquor in that area (reg 6(1)). Two penalty tiers are specified: a fine of $5,000 applies where the offender is a licensee, a manager of licensed premises or a director of a corporate licence holder; in all other cases the fine is $2,000 (reg 6(1) penalty table and reg 6(2)). The Director of Liquor Licensing is required to take all reasonable steps to post, and to keep posted while the area remains restricted, notices at each place where a customary access route enters the Joy Springs (Eight Mile) area, with those notices to describe the offences in regulation 6(1) and specify the penalties (reg 5(1)). The regulations state, however, that a failure to comply with the Director’s posting duty does not invalidate the restricted-area declaration (reg 5(2)).

The regulations expand police powers in the declared area by permitting a member of the Police Force, despite section 155(4) and (5) of the Act, to seize and, as soon as is practicable, dispose of any opened or unopened container of liquor suspected on reasonable grounds to be the subject of an offence under regulation 6(1) (reg 7). The geographic scope of the Joy Springs (Eight Mile) area is defined precisely by reference to deposited plans and a named road: Lot 39 on Deposited Plan 188553 (Reserve 40569), certain land on Deposited Plan 426596 (including Lot 29 and part of Lot 68 on Deposited Plan 238022), and the Joy Springs Road that runs between the Great Northern Highway and Lot 39 on Deposited Plan 188553 (reg 3).

The regulations are time-limited. Unless earlier repealed, they operate until the close of 30 November 2028 (reg 8). They also make a textual insertion to the Liquor Control Regulations 1989 by adding an entry to regulation 27(4) in the Table, referencing these regulations’ prohibition in regulation 6(1) (regs 9-10, reg 10 and table insert). The instrument commenced in two stages: Part 1 (other than regulation 3) on publication on the WA legislation website and the rest the following day (reg 2; compilation table).

The instrument relies on several discrete legal mechanisms and defined items drawn from the Act and statutory drafting conventions.

• Restricted area declaration. The primary legal mechanism is the declaration that a specified geographic area is a “restricted area” under section 175(1a) of the Act. The regulation makes that declaration explicitly (reg 4). The effect of invoking s175(1a) is not restated here; the regulation situates the declaration within the Act by reference.

• Precise geographic definition. The Joy Springs (Eight Mile) area is defined by specific cadastral references and a named road. The definition lists Lot 39 on Deposited Plan 188553 (all of Reserve 40569), specified land on Deposited Plan 426596 (including Lot 29 on that plan and part of Lot 68 on Deposited Plan 238022), and the Joy Springs Road connecting the Great Northern Highway and Lot 39 (reg 3). The instrument therefore grounds prohibition zones in cadastral descriptors rather than approximate coordinates.

• Prohibition offences and differential penalties. Regulation 6 creates two discrete offences: bringing liquor into the defined area and possessing liquor in that area (reg 6(1)(a)-(b)). The penalty schedule sets a higher pecuniary penalty for offenders who are licensees, managers of licensed premises or directors of licensed corporate bodies (reg 6(1) penalty table; reg 6(2)). The distinction is expressed in the text and is categorical,those classes of persons attract a $5,000 fine, other persons $2,000.

• Notice regime. The Director of Liquor Licensing has a statutory duty to take all reasonable steps to post and keep posted, for the duration of the restriction, notices at each place where a “customary access route” enters the Joy Springs (Eight Mile) area. The notices must describe the offences in reg 6(1) and specify the penalties (reg 5(1)). The regulations however state that failure to comply with the posting duty does not invalidate the declaration (reg 5(2)), separating the legality of the declaration from the Director’s administrative compliance.

• Police seizure and disposal power. Regulation 7 grants police power to seize and to dispose of opened or unopened containers of liquor suspected on reasonable grounds to be the subject of an offence under reg 6(1). That power is exercisable “despite section 155(4) and (5) of the Act”, thereby creating an express statutory carve-out that authorises disposal as soon as is practicable (reg 7). The seizure and disposal conditions require reasonable grounds for suspicion.

The regulations operate on several identifiable cohorts. The instrument itself sets out who is criminally liable, who has administrative duties, and which State actors enforce the rules.

• Visitors, residents and passers-by entering the Joy Springs (Eight Mile) area. Any person who brings liquor into, or who possesses liquor in, the defined area commits an offence (reg 6(1)(a)-(b)). The definition of the area (reg 3) is specific to land parcels and the Joy Springs Road, therefore anyone physically entering those parcels or the road while carrying liquor is captured by the prohibition.

• Licensees, managers of licensed premises and directors of corporate licence-holders. The regulations impose an elevated financial penalty where an offence under reg 6(1) is committed by a licensee, a manager of licensed premises or a director of a body corporate that holds a licence (reg 6(2)). The text therefore treats those classes as subject to stricter pecuniary sanctions, creating a distinct compliance imperative for people associated with licensed premises.

• The Director of Liquor Licensing. The Director must take all reasonable steps to post and maintain notices at each place where a customary access route enters the Joy Springs (Eight Mile) area, and the notices must describe the offences and penalties (reg 5(1)). That creates an operational responsibility for the licensing authority to identify customary access routes and maintain signage for the duration of the restriction.

• Western Australia Police. Police are expressly empowered to seize, and as soon as is practicable dispose of, any opened or unopened container of liquor suspected on reasonable grounds to be the subject of an offence under reg 6(1) (reg 7). The regulation therefore authorises frontline officers to remove and dispose of containers that are suspected to be involved in the prohibition, subject to the “reasonable grounds” threshold.

• Owners or occupiers of the specified lots and the Joy Springs Road corridor. The area is defined by specific lots and a road (reg 3). Any person with property, occupancy, or control over those parcels must expect the prohibition to apply across that land, subject to any other law. The regulation does not distinguish between public reserve and private land; the definition covers Reserve 40569 and specified lots (reg 3).

• Businesses that might rely on transport routes through the area. Delivery businesses, transport operators, event organisers and others whose activities involve crossing the Joy Springs Road or entering the listed lots need to adjust routing, deliveries and staff instructions to avoid the area with liquor present.

The regulations create express duties and raise matters relevant to rights, though they do not individually set out procedural rights such as appeal or exemption mechanisms. The primary duties and relevant legal facts are:

• Duty not to bring or possess liquor. Regulation 6(1) creates criminal duties on persons not to bring liquor into, and not to possess liquor in, the Joy Springs (Eight Mile) area. Those duties are expressed as offences with specific penalties (reg 6(1) penalty table and reg 6(2)). The obligation is absolute in the text: if a person brings liquor into the area or possesses it there, an offence is committed.

• Enhanced liability for certain classes. Regulation 6(2) imposes a higher fine on licensees, managers of licensed premises, and directors of corporate licence-holders who commit the offence. That is an enhanced responsibility targeted at those connected to licensed liquor activity.

• Director’s notice-posting duty. The Director of Liquor Licensing must take all reasonable steps to post and keep posted, while the area remains restricted, notices at each place where a customary access route enters the Joy Springs (Eight Mile) area. Notices must describe the offences set out in reg 6(1) and specify the penalties (reg 5(1)). The language “take all reasonable steps” imposes a procedural duty that is fact-dependent; the regulation further provides that failure to meet the posting obligation does not invalidate the restricted-area declaration (reg 5(2)). The duty therefore is administrative and ongoing for the life of the restriction.

• Police seizure and disposal power with reasonable grounds. Regulation 7 authorises police to seize and dispose of opened or unopened containers suspected on reasonable grounds to be the subject of an offence under reg 6(1). The seizure power is qualified by the reasonable-grounds standard, and the disposal power is to be exercised “as soon as is practicable” (reg 7). The regulation also states that this power exists “despite section 155(4) and (5) of the Act”, indicating an override or modification of Act provisions dealing with seizure or disposal.

• Temporal duty to maintain compliance while regulation is in force. The duties apply for the period the regulations have effect, which is until the close of 30 November 2028 unless sooner repealed (reg 8). Parties must therefore continue to observe the prohibitions and notice regime for that period.

• Absence of express exemptions or defensive provisions in the instrument. The regulations do not contain express exemptions (for example, for medical, ceremonial, or other purposes). The text does not create a statutory right to possess liquor within the area; it simply creates offences and administrative duties. Any exemptions or defence provisions would need to come from the Act or other law; they are not included in these regulations.

The regulations specify fines and a mechanism for police to seize and dispose of liquor containers suspected to be involved in commission of the offences.

• Penalties. Regulation 6 sets two monetary penalties. For offences under reg 6(1) (bringing liquor into, or possessing liquor in, the Joy Springs (Eight Mile) area) the penalty is a fine of $5,000 if reg 6(2) applies; otherwise the penalty is a fine of $2,000. Regulation 6(2) identifies the higher-penalty class as licensees, managers of licensed premises and directors of corporate licence-holders. The regulations do not set out non-pecuniary penalties or provide for imprisonment. The monetary fines are payable by the person convicted or dealt with under the enforcement mechanism applied under the Act.

• Enforcement actors. Two State actors have specified roles. The Director of Liquor Licensing has an administrative duty to post notices describing the offences and penalties at customary access points (reg 5(1)). Western Australia Police are given the frontline enforcement role to seize and dispose of containers of liquor suspected on reasonable grounds to be the subject of an offence (reg 7). The regulation authorises police to act “as soon as is practicable” to dispose of seized containers.

• Seizure and disposal power details. Regulation 7 expressly states that the police power to seize and dispose operates “despite section 155(4) and (5) of the Act”. The source text therefore modifies or overrides the effect of those subsections in relation to disposal for containers suspected to be the subject of reg 6(1) offences. The practical import in the instrument is that police do not need to wait for any procedural steps that s155(4) and (5) might otherwise require, but the disposal still requires the police to have “reasonable grounds” to suspect the container is relevant to the offence and to act “as soon as is practicable”.

• Notice failure does not invalidate the restriction. Regulation 5(2) prevents an administrative technicality from defeating the declaration: even if the Director does not post or maintain notices as required, the restricted-area declaration (reg 4) stands. Enforcement therefore does not depend on perfect administrative compliance with posting duties.

• Operational discretion and evidentiary standard. The police power in reg 7 requires reasonable grounds for suspicion before seizure and disposal. That places an evidentiary threshold on the exercise of immediate enforcement powers. The regulations do not specify what documentation or record-keeping must accompany disposal; any such procedural framework would be sourced from enforcement practice, the Act, or operating procedures not contained in these regulations.

The regulations are expressly framed as operating within and alongside the Liquor Control Act 1988 and the Liquor Control Regulations 1989, with three forms of interaction clearly signalled in the text.

• Reliance on the Act’s restricted-area provision. The Joy Springs (Eight Mile) area is declared a restricted area “for the purposes of section 175(1a) of the Act” (reg 4). The regulation therefore invokes an enabling provision of the Act as the legal basis for the declaration. The content and consequences of s175(1a) itself are not reproduced in these regulations; practitioners must consult the Act to understand the full legal consequences of a s175(1a) restricted-area declaration beyond what the instrument specifies.

• Explicit modification of s155(4) and (5). Regulation 7 authorises police to seize and dispose of containers “despite section 155(4) and (5) of the Act”. The instrument therefore modifies the operation of those subsections in respect of containers suspected to be the subject of an offence under reg 6(1). The precise interaction depends on the content of s155(4) and (5): the instruments’ language makes clear that the disposal power provided by reg 7 is to be read as prevailing over procedural or substantive limits in those subsections for the specified circumstances.

• Amendment to the Liquor Control Regulations 1989. Part 5 adds the Joy Springs offence to the Table in regulation 27(4) of the Liquor Control Regulations 1989 (reg 10). The insertion integrates the new offence into the regulatory schedule. The practical effects of that insertion depend on the role of reg 27(4) within the LCR 1989 , for example, if reg 27(4) lists offences subject to particular administrative actions or fees, the addition will make the Joy Springs offence subject to those items; the text of those provisions is not reproduced in these regulations, so users must consult the LCR 1989 to determine precise downstream consequences.

• Land law interface. The defined area is specified by reference to deposited plans and a named road, including Reserve 40569 and specific lots (reg 3). The instrument applies to persons on the listed parcels and road regardless of ownership status. The regulations do not create or alter land tenure. Where other statutory obligations or property rights intersect with the prohibition (for example, rights of access or statutory duties owed by local government), those interactions are not detailed here and require reference to other instruments or common law.

The instrument is a standalone set of regulations made in 2023 and includes its own commencement and expiry provisions, together with a single insertion into the Liquor Control Regulations 1989.

• Instrument citation and publication. The regulations are cited as the Liquor Control (Joy Springs Restricted Area) Regulations 2023 (reg 1). The compilation table records the instrument as SL 2023/159 and shows it was published on 18 October 2023.

• Commencement staging. Regulation 2 sets out staged commencement. Part 1, other than regulation 3, came into operation on the day these regulations were published on the WA legislation website (18 October 2023) (reg 2(a)). The rest of the regulations commenced on the day after publication, that is 19 October 2023 (reg 2(b)). The compilation table confirms those dates and the SL number.

• Sunset clause. Regulation 8 provides an express expiry: unless sooner repealed, the regulations have effect until the close of 30 November 2028. The compilation table and the “Other notes” reiterate that the instrument expires at the close of 30 November 2028. There is therefore an express temporal limit unless the regulations are repealed earlier or extended by subsequent legislative action.

• Amendment to existing regulations. Part 5 of the instrument amends the Liquor Control Regulations 1989 by inserting an entry into regulation 27(4) of the LCR 1989 Table, naming the new prohibition at regulation 6(1) of these regulations (regs 9-10). The insertion is to be made in alphabetical order in the Table (reg 10). The instrument does not otherwise vary earlier legislation or amend other parts of the LCR 1989.

• No subsequent amending provisions recorded in this instrument. The text supplied contains no further amendment history. It does not show that these regulations have themselves been amended, nor does it show prior versions. The compilation table records the initial entry and the commencement and expiry.

Users seeking any later amendments, extensions beyond 30 November 2028, or repeals should consult the WA legislation website or subsequent legislative instruments. The instrument’s own compilation table and notes are the record of commencement and expiry included in the source.

The text of these regulations does not record any court decisions, appeals, or litigation relating to the instrument. The provided compilation table and other notes do not list any judicial proceedings or case law. There are no cases named in the text of the regulations, and no decisions are reported or attached in the document.

Consequently, within the source text there is no litigation history to summarise. Practitioners looking for any judicial interpretation, challenge to the designation of the Joy Springs (Eight Mile) area as a restricted area, or disputes over the use of police disposal powers under reg 7 must search case law databases, court records or later legislation and rulings outside this instrument. This instrument itself provides no judicially decided interpretations or reported proceedings.

Several features of the instrument create practical pitfalls and implementation risks that parties should note. Each “gotcha” is drawn from the text.

• “Customary access route” is not defined in the regulations. Regulation 5(1) requires the Director of Liquor Licensing to post notices at “each place where a customary access route enters the Joy Springs (Eight Mile) area”. The term “customary access route” is not defined in these regulations. That absence creates potential uncertainty about which entry points require signage, and therefore which locations the Director must identify and post. The practical implication is that the Director will need to exercise judgment in locating customary routes; disputes or complaints about insufficient signage will not invalidate the declaration because reg 5(2) says failure to comply with the posting duty does not invalidate the declaration.

• Failure to post does not invalidate the restriction. Regulation 5(2) prevents a procedural posting failure from defeating the declaration. That means enforcement and prosecution for reg 6(1) offences can proceed even if notices are absent or inadequately placed. From an enforcement perspective this is important: public notice is required but non-compliance with the posting obligation does not create a procedural defence.

• Police disposal power may remove unopened containers. Regulation 7 allows the police to seize and, as soon as is practicable, dispose of any opened or unopened container of liquor suspected on reasonable grounds to be the subject of an offence under reg 6(1). The power covers unopened containers, so an occupier’s or traveller’s bottle may be seized and disposed of before any court process. The requirement of “reasonable grounds” is a legal restraint, but disposal need not await a judicial decision.

• Differential penalty for licensees and related roles. Persons who are licensees, managers of licensed premises, or directors of corporate licence-holders are subject to a $5,000 fine, more than double the $2,000 fine for other offenders (reg 6(2)). Entities in the liquor industry should be aware the instrument expressly targets those connected to licensed liquor activity with higher pecuniary sanctions.

• Precise cadastral description includes private lots and a road. The Joy Springs (Eight Mile) area is defined by Lot 39 on Deposited Plan 188553 (Reserve 40569), land on Deposited Plan 426596 (including Lot 29 and part of Lot 68 on another plan), and the Joy Springs Road (reg 3). Because the definition uses deposited-plan references, the restriction applies at those cadastral bounds, which may include private parcels. Parties should check the deposited plans for exact boundaries and be alert to the fact possession offences apply irrespective of land tenure.

The regulations create straightforward prohibitions and administrative duties. Compliance requires mapping, operational changes for certain actors, and ongoing monitoring. The following steps are practical, text-grounded actions relevant to the main affected parties.

For individuals (visitors, residents, travellers)

• Do not bring liquor into, and do not possess liquor in, the Joy Springs (Eight Mile) area. The offence is committed by bringing liquor into or possessing liquor within the area (reg 6(1)(a)-(b)). Where possible, avoid transporting any alcoholic beverages into the parcels and road described in reg 3.
• If you must pass through the locality while carrying liquor, remove the liquor from the vehicle or leave it outside the restricted area before entering, to avoid contravening the possession or bringing-in prohibition.
• Be aware that police may seize and dispose of containers on reasonable grounds (reg 7). Even unopened containers may be seized and disposed of, so preventing entry with liquor is the most reliable compliance step.

For licence-holders, managers and directors

• Train staff and implement policies to prevent staff, contractors or deliveries from bringing liquor into the Joy Springs (Eight Mile) area. Because these persons attract a higher financial penalty ($5,000) under reg 6(2), licence-related entities should adopt strict internal rules about movement of stock and personnel (reg 6(2)).
• Review delivery routes, event plans and logistics to ensure no authorised or unauthorised liquor transport enters the defined area. Include the cadastral references (reg 3) in operational maps and GPS tools to avoid inadvertent entry.
• Keep records of instructions and training to demonstrate due diligence in the event of enforcement action.

For the Director of Liquor Licensing and licensing staff

• Identify and map “customary access routes” into the Joy Springs (Eight Mile) area and place notices at each point of entry as required by reg 5(1). The notices must describe the offences in reg 6(1) and specify the penalties. The duty is to “take all reasonable steps” to post and maintain notices, so record the steps taken, dates of posting and any maintenance activity (reg 5(1)).
• Maintain an administrative log of signage locations and the grounds for determining which access points are customary. Although failure to post does not invalidate the declaration (reg 5(2)), good record-keeping will reduce operational and political risk and will assist coordination with police.