Parks and Reserves By-laws

The by‑laws embody a small number of recurring regulatory concepts applied to caves and reserves. First, access control through escort and payment: entry to caves is conditional on accompaniment by an authorised guide or caretaker (s 1) and payment of an admission fee to that person before entry (s 2). Second, property‑protection rules that broadly prohibit taking, injuring, defacing or otherwise interfering with natural features (trees, plants, rock formations), constructed features (stairs, gates, railings, buildings, lighting appliances), and surfaces (soil, turf, roads, footways) within the reserves and caves (ss 3, 4, 5). Third, behavioural and order rules that require visitors to follow the instructions of the caretaker or authorised guide (s 6), avoid riotous or indecent conduct (s 7), and remove any waste generated by picnics (s 11).

A fourth concept is a permit/consent regime for economic activities within the reserves. Selling goods requires written consent of the Board and payment of fees as the Board directs (s 10). Motor or vehicle hire and carrying passengers or luggage for hire within a specified reserve requires Board permission, which may be time‑limited and conditional on payment of fees set by the Board of Management with the Chief Secretary’s approval (s 18). Photography, camping, use of lights, and lighting fires are all subject to prior permission or restriction to Board‑provided equipment in applicable cases (ss 12, 14, 16).

Enforcement is twofold: immediate operational enforcement by on‑site personnel who may exclude or remove offenders (s 17), and criminal enforcement requiring conviction, with a monetary penalty capped at twenty pounds (s 19). The by‑laws also create a governance link back to higher administrative authorities: admission fees are approved by the Chief Secretary (s 2), and the Board of Management’s fee orders for vehicle permissions require the Chief Secretary’s approval (s 18). The preamble locates the instrument’s origin in an Order in Council under s 43 of the Land Act 1898, which is the statutory source of the delegated power to make these by‑laws (preamble).

Several definitional or scope features are implicit rather than spelled out in the text. The by‑laws repeatedly refer to "the Board", "Board of Management", "caretaker", and "authorised guide" without providing definitions within the instrument itself; the reserves to which the by‑laws apply are those mentioned in the Schedule to the Order in Council referenced in the preamble. One reserve is explicitly named in respect of vehicle hire controls: Reserve A 8427 (Cave House, Yallingup) (s 18). The instrument contains explicit amendment history markers for specified by‑laws (notably 2 and 18), indicating later modifications recorded in the compilation.

The by‑laws directly regulate four categories of persons. First, visitors to the reserves and caves, including individuals, parties, companies, societies, clubs and organisations who enter or use the reserves (ss 1, 6, 11). For visitors, the instrument creates both positive obligations, such as paying admission fees before entry (s 2) and collecting and removing picnic waste prior to departure (s 11), and negative obligations, such as refraining from injuring plants, rock formations, infrastructure, surface soil, water, birds and animals (ss 3, 4, 5).

Second, authorised guides, caretakers, and servants of the Board. These persons are given on‑site enforcement powers and administrative duties. They are the persons to whom fees are paid (s 2), whose instructions visitors must obey while being shown through a cave (s 6), who may grant or withhold permissions for camping, fires and photography where the by‑laws require permission (ss 12, 16), and who are empowered to exclude or remove offenders from reserves or caves (s 17).

Third, commercial actors seeking to operate on the reserves, including vendors, vehicle‑hire operators and carriers. Selling any goods, wares or merchandise on the reserves requires prior written consent of the Board and payment of fees as directed by the Board (s 10). Motor or other vehicular hire, and carrying passengers or luggage for hire, within Reserve A 8427 requires Board permission; that permission may be time‑limited and conditional on payment of fees as ordered by the Board of Management with the Chief Secretary’s approval (s 18).

Fourth, the Board and the Board of Management, and the Chief Secretary. The text allocates decision‑making and fee‑setting roles to those entities. The Board decides whether to grant written consent for selling goods (s 10) and may direct fees. The Board of Management may set periods for vehicle permissions and order fees subject to the Chief Secretary’s approval (s 18). The Chief Secretary has an explicit role approving admission fees (s 2) and, in the vehicle-permission context, must approve fee orders made by the Board of Management (s 18).

Indirectly affected groups include landowners or leaseholders of adjacent lands if the reserves intersect with other tenures, but the by‑laws themselves apply only to the reserves set out in the Schedule to the Order in Council (preamble). The instrument does not specify prosecutorial bodies; it simply provides that offenders shall "forfeit and pay, on conviction, a penalty not exceeding Twenty pounds" (s 19). The by‑laws also do not specify appeal or review mechanisms within the instrument itself; any legal review or prosecution process must proceed under the general criminal law and court procedures applicable outside this instrument.

Duties (explicit in text)

• Entry contingent on accompaniment: No person may enter any cave unless accompanied by an authorised guide or caretaker (s 1). This is an upfront condition on the right to enter.

• Pre‑entry payment obligation: Every person entering a cave must pay the admission fee to the caretaker or authorised guide before entering; the fee amount is subject to the Chief Secretary’s approval (s 2).

• Preservation and non‑interference duties: Persons must not injure, cut, break, deface, remove or otherwise interfere with trees, shrubs, plants or flowers on the reserves (s 3). Similarly, persons must not damage, remove or deface rock formations, stairways, ladders, gates, railings, seats, fences, buildings, machinery, lighting appliances, gardens, pleasure grounds and appurtenances within caves or upon the reserves (s 4). Persons must not cut up, damage, disfigure or otherwise interfere with the soil, rocks, turf, surfaces, roads or footways or pollute water, nor interfere with or destroy birds or animals (s 5).

• Obedience to on‑site instructions: Every visitor must act in obedience to the instructions of the caretaker or authorised guide while being shown through caves or parts of the reserves (s 6).

• Conduct and nuisance prohibition: No person shall engage in riotous or indecent behaviour or use indecent or improper language or commit any nuisance on or within the reserves or caves (s 7).

• Waste removal duty: Parties who picnic or play games on the reserves must collect and remove any waste, bottles, broken glass, paper or other rubbish brought or created by them before leaving (s 11).

• Permit/consent obligations for specific activities: Selling goods requires prior written consent of the Board and payment of fees (s 10); camping and lighting fires require permission from the authorised guide, caretaker or servant of the Board under conditions prescribed by them (s 12); use of artificial lights in caves is restricted to those provided by the Board or its servants (s 14); photography requires permission of the guide or caretaker and payment of fees as directed by the Board (s 16); and motor vehicle hire and carriage of passengers or luggage for hire in Reserve A 8427 requires Board permission and possibly payment of fees (s 18). Animals may not be depastured on reserves without written Board approval and payment of fees (s 13).

Rights (as implicit in the text)

• Procedural discretion conferred to officials: Authorised guides, caretakers and servants of the Board have the right to exclude or remove persons breaching the by‑laws from reserves or caves (s 17). That right is direct and on‑site, not requiring prior judicial authorisation.

• Administrative decision‑making by Board entities: The Board and Board of Management have the right to regulate commercial activities by granting or refusing written consent and by setting fees, and the Board of Management may impose time limits and fee conditions on vehicle permissions (ss 10, 18).

• Fee‑collection role: The caretaker or authorised guide is entitled to receive admission fees and fees for photography or other Board‑directed charges (ss 2, 16).

• Criminal sanction against offenders: The State (or authorised prosecuting authorities as per general law) has the right to prosecute contraventions, with courts authorised to impose penalties up to twenty pounds on conviction (s 19).

The by‑laws do not create express rights of appeal or review against decisions of the caretaker, authorised guide, Board or Board of Management within this instrument. They also do not provide express procedural rules for how consents and permissions must be sought or granted, other than the requirement that selling goods requires written consent of the Board (s 10) and that certain permissions may be conditioned by the Board of Management and require the Chief Secretary's approval of fees (s 18). The instrument does not define evidentiary or recordkeeping obligations for permit decisions or fee orders within the text.

Criminal sanction

• The only penalty expressly created by the by‑laws is a monetary penalty not exceeding Twenty pounds on conviction for any offence against the provisions of the by‑laws (s 19). The instrument does not specify alternative sanctions such as administrative fines, injunctions or licensing suspensions within its text.

Operational enforcement

• Immediate on‑site enforcement authority is granted to guides, caretakers, and servants of the Board, who may exclude or remove any person guilty of a breach of the by‑laws from reserves or caves (s 17). This is an administrative, on‑the‑spot power exercisable without reference in the text to a prior judicial determination.

• Certain restrictions are self‑executing and capable of immediate enforcement in practice: for example, tents, fires, artificial lights, and photography require prior permission or Board‑provided equipment (ss 12, 14, 16). On‑site staff can deny access or confiscate equipment only where authority is conferred externally; the by‑laws do not explicitly provide power to seize.

Responsible enforcement actors

• The instrument situates fee approval authority with the Chief Secretary for admission fees (s 2) and requires the Chief Secretary’s approval for fee orders made by the Board of Management concerning vehicle permissions (s 18). This creates layered administrative responsibility between local managers (caretakers, Board of Management) and central executive authority (Chief Secretary).

• The by‑laws are silent on which prosecutorial agency or public officer brings prosecutions for breaches. The text simply provides that offenders shall forfeit and pay on conviction the specified penalty (s 19), so prosecutorial steps and criminal procedure will proceed in accordance with the general law outside this instrument.

Practical enforcement implications

• Reliance on on‑site officers for immediate compliance places a practical enforcement burden on caretakers, authorised guides and servants of the Board, who are the primary actors for entry control, fee collection and removal of offenders (ss 1, 2, 17). The text does not stipulate staffing levels, recordkeeping, training or procedural safeguards for those persons.

• The monetary penalty cap (twenty pounds) is specified in terms of historic currency units; the by‑laws do not provide for alternative penalty mechanisms, periodic adjustment of the penalty cap, or non‑monetary remedies within the instrument.

• The Board and Board of Management may make consent and fee decisions whose enforcement depends on the ongoing capacity of the Board or its servants to monitor and act against unauthorised commercial activity (ss 10, 18). The by‑laws do not create an express private right to sue for damages for breaches affecting private parties; remedies available to private parties would have to be sought under the general law.

Statutory source of delegation

• The preamble states that these by‑laws were made under the powers conferred by an Order in Council under Section 43 of the Land Act 1898 and published in the Government Gazette of 9 June 1922 (preamble). That locates the instrument as a delegated regulatory instrument exercising statutory authority derived from s 43 of the Land Act 1898. The by‑laws themselves do not reproduce s 43; they operate within the scope of authority conferred by that provision as articulated in the Order in Council.

Relations with executive administrative roles

• The Chief Secretary plays an explicit supervisory role in fee approval. Admission fees for caves are payable to caretakers or authorised guides but must be approved by the Chief Secretary from time to time (s 2). For vehicle permission fee orders made by the Board of Management, the Board’s fee orders require the Chief Secretary’s approval (s 18). Those provisions create a cross‑link between local management discretion and central executive oversight within the administrative framework.

Interaction with Board instruments

• The by‑laws repeatedly reference a "Board" and a "Board of Management" as the decision makers for permissions, consents and fees (ss 10, 18). The instrument presumes the existence and authority of those bodies to issue written consents and orders and to set fees. How those Boards derive their own powers, decision procedures and appeal processes is not set out in this by‑law text; those matters will be governed by the instruments or statutes that establish or constitute the relevant Board or Board of Management.

Scope and territorial application

• The by‑laws are limited to "the Reserves mentioned in the Schedule to the said Order in Council" (preamble). The Schedule is not reproduced in the by‑laws text contained here, other than Reserve A 8427 being named in s 18. Therefore the territorial scope must be determined by reference to the Order in Council and its Schedule published at the time of promulgation.

Relations with other criminal and property law

• The by‑laws create offences enforceable by criminal conviction and penalty, but do not displace or replace general criminal law or property law. Prosecutions for breaches will proceed through the criminal process available under general law; the by‑laws themselves do not confer new criminal procedure or identify which courts or magistrates have jurisdiction. Similarly, prohibitions against damaging property, flora or fauna within reserves exist within the by‑laws but may coexist with or be supplemented by other statutory protections under environmental, fauna, flora or heritage laws enacted separately; the by‑laws do not purport to be exhaustive in that respect.

Amendments and compilation

• The instrument contains amendment annotations for by‑laws 2 and 18 (amended No. 8 of 1925 s. 2) (annotations to s 2 and s 18), and the compilation table records the original gazettal date of 23 June 1922 together with the Ministers’ Titles Act 1925 s. 2 (compilation table). Any changes to the by‑laws recorded in subsequent compilations or amending Acts will interact with these provisions, but the text provided must be read alongside such subsequent legislative instruments to understand the present legal position.

Unspecified interactions

• The by‑laws do not specify interactions with administrative law remedies such as merits review, judicial review or internal review processes. They do not set out regulatory procedural requirements for decision‑making by the Board or Board of Management, such as notice, reasons or appeal rights. Any such interactions would therefore depend on the governing instruments creating those bodies and on general administrative law principles outside the text of these by‑laws.

Textual amendments recorded in the instrument

• The by‑laws as provided were originally made on 23 June 1922 (preamble; compilation table). The instrument includes explicit marginal annotations indicating that by‑law 2 and by‑law 18 were amended by "No. 8 of 1925 s. 2" (annotations following s 2 and s 18). The compilation table records the original gazettal date (23 Jun 1922 pp.1165‑66) and separately records "Ministers’ Titles Act 1925 s. 2 assented to 24 Sep 1925" as part of the compilation table entries. The by‑laws therefore include at least those post‑1922 amendments recorded in the compilation.

Nature of the recorded amendments

• The instrument itself does not reproduce the text of the 1925 amendment inserted into the by‑laws other than the marginal note. For by‑law 2 the marginal note reads "[By-law 2 amended: No. 8 of 1925 s.2.]" after the body of s 2. For by‑law 18 the same marginal note appears after s 18. The compilation table entry references the Ministers’ Titles Act 1925 s. 2, which appears as the source of the amendment annotation in the compilation. The by‑laws as compiled therefore reflect that an amending instrument (labelled No. 8 of 1925 s. 2) altered by‑law 2 and by‑law 18; the text provided includes the amended by‑laws but does not display the superseded versions or the drafting history.

Limitations of the recorded amendment history in this text

• The compilation table included in the text lists only the original gazettal and the 1925 amendment annotation. It does not assert that these are the only amendments ever made; it is a snapshot as compiled. The by‑laws include the marginal reference points for amendments but do not include a chronological history of every administrative or statutory action affecting the Board, Board of Management or Chief Secretary powers beyond what is set out.

How to locate further amendment detail

• The by‑laws themselves indicate that the State's official Gazette and Order in Council published under s 43 of the Land Act 1898 are the primary documents to consult for the instrument’s origin and the Schedule of reserves to which the by‑laws apply (preamble). To establish a complete amendment history beyond the marginal notes here, one would consult the Government Gazette entries, the amending Act or instrument cited (No. 8 of 1925 s. 2) and any subsequent compilations or reprints of the by‑laws. The by‑laws as compiled make clear which provisions were subject to that 1925 amendment reference (ss 2 and 18) but do not supply the amending instrument text within the body of the by‑laws presented.

Instrument-specific litigation record

• The by‑laws text supplied contains no references to case law, court decisions, or judicial interpretation of these by‑laws. The instrument does not name any cases, and there is no litigation history set out within the text. The compilation table and marginal notes likewise do not record any judicial proceedings.

Legal consequences of the omission

• Because the instrument itself does not identify any litigation, any legal interpretations, boundaries of enforcement powers, or constitutional or administrative-law challenges relevant to these by‑laws would need to be located from external sources: court judgments, tribunal decisions or prosecutorial records. The by‑laws provide the substantive prohibitions and procedures for on‑site enforcement and penalties, but they do not indicate how courts have construed those provisions.

Where litigation could plausibly arise, given the text

• The by‑laws create a number of enforcement touchpoints that could be the subject of judicial consideration, including: the limits of the power of on‑site servants to exclude or remove persons (s 17); the legality of fee structures and whether fees set by the Board of Management require particular procedural steps or the Chief Secretary’s approval (ss 2, 18); the territorial scope of the by‑laws as determined by the Schedule to the Order in Council (preamble); and the interpretation of broadly expressed prohibitions such as those against "interfering in any way" with natural or built features (ss 3, 4, 5). None of those potential litigation avenues are explored in the instrument text.

Practical note for researchers

• This instrument should be treated as the primary statutory source of the substantive rules applicable to the named reserves, but any binding judicial interpretations or disputes regarding enforcement practice, the limits of delegated authority, or the interplay with other statutory protections will be found in court records or law reports outside this text. The absence of litigation references inside the by‑laws does not mean disputes have not occurred; it only means this text does not record them.

Scope ambiguity and the Schedule

• The by‑laws apply to "the Reserves mentioned in the Schedule to the said Order in Council" (preamble). The Schedule is not reproduced here, so the instrument as provided does not on its face permit the reader to identify the full list of reserves to which the by‑laws apply. Practitioners must not assume territorial coverage beyond the reserves set out in that Schedule. One exception is that Reserve A 8427 (Cave House, Yallingup) is specifically named in s 18, so the vehicle‑hire restrictions clearly apply there.

Undefined institutional actors

• Several operative terms are not defined within the by‑laws themselves: "Board", "Board of Management", "caretaker", "authorised guide", and "servant of the Board". The text presumes that these roles and bodies exist and have authorities to grant permissions, set fees and enforce the by‑laws (ss 2, 10, 12, 16, 17, 18). The absence of definitions creates uncertainty about who may lawfully exercise these powers, how they are appointed, and what procedural constraints (if any) apply to their decisions. Those matters will need to be established from the founding instruments or statutes for the Board and Board of Management.

Administrative discretion with limited procedural safeguards

• The by‑laws confer broad discretionary authority to the Board and Board of Management to grant written consents and set fees (ss 10, 18) and to caretakers and guides to collect fees, permit or refuse activities and remove persons (ss 1, 2, 12, 16, 17). The instrument contains no express procedural protections such as requirement to provide reasons, notice, or internal review of a denial of consent, or a requirement to publish fee schedules. That raises practical risks around inconsistent decision‑making and potential disputes about the exercise of discretion.

Fee collection by front‑line staff

• Admission fees must be paid to the caretaker or authorised guide before entry (s 2). The by‑laws thereby vest revenue collection at the frontline. That creates practical governance issues: caretakers and guides act as both gatekeepers and collectors, but the instrument does not set out financial accountability, recordkeeping or audit requirements for those payments. It also raises the risk of disputed fee rates where users rely on fee information published by one actor and a caretaker demands a different amount. The Chief Secretary approves fee levels (s 2), but the process and communication of approved fees are not specified.

Criminal penalty only on conviction

• The maximum penalty is specified as a monetary amount not exceeding Twenty pounds on conviction (s 19). The by‑laws do not provide for administrative fines, on‑the‑spot fines or civil penalties. Therefore practical enforcement beyond on‑site removal requires criminal prosecution and conviction, which can be time‑consuming and resource intensive. The instrument does not specify prosecutorial authority or process, leaving operational gaps between immediate exclusion powers and formal punishment.

Historic currency and contemporary enforcement

• Penalties and monetary references are denominated in early 20th century currency (twenty pounds, s 19). The instrument does not include a mechanism for adjusting that amount for inflation or currency reforms. Interpreting the current monetary value or statutory maximum in a modern enforcement context requires reference to contemporary statutory instruments converting or updating historic penalties, which are not present in the by‑laws themselves.

Broad prohibitions, limited enforcement detail

• Several prohibitions are phrased in very broad terms, for example "in any way" or prohibitions on "interfering" with natural or built features (ss 3, 4, 5). Those wide formulations can create uncertainty on permitted incidental actions (such as scientific sampling or maintenance authorised by the Board), and the by‑laws do not specify exemptions or authorisation procedures other than the general permission routes already noted.

Record of amendments incomplete in text

• The instrument carries marginal amendment notes for ss 2 and 18 and a brief compilation table, but the text does not provide the full amending instrument(s). For practitioners relying on these by‑laws, the marginal notes signal that a deeper search of the Government Gazette and amending Acts is necessary to establish the present legal position and whether subsequent amendments exist.

Operational checklist for visitors and organisers

• Entry procedure: Do not attempt to enter a cave unless you are accompanied by an authorised guide or caretaker (s 1). Before entry, pay the admission fee to the caretaker or authorised guide, who is the person authorised to collect the fee; ensure you have the current fee amount approved by the Chief Secretary (s 2).

• Behaviour on site: While on the reserve or in caves, obey instructions given by the caretaker or authorised guide (s 6). Avoid riotous, indecent or nuisance conduct and refrain from indecent or improper language (s 7). Do not smoke inside caves (s 15). Do not discharge firearms or throw missiles on reserves (s 9).

• Protect features and wildlife: Do not injure, cut, remove or otherwise interfere with trees, plants, flowers or rock formations including stalactites and stalagmites (ss 3, 4). Do not damage stairways, ladders, cave gates, railings, seats, fences, buildings, machinery, lighting appliances, gardens or pleasure grounds (s 4). Do not interfere with or pollute water, or damage soil, turf, roads or footways; do not interfere with or destroy birds or animals present on the reserve (s 5).

• Waste and group obligations: If you picnic or play a game on the reserve, collect and remove all waste and litter that you or your party brought or caused before leaving the grounds (s 11).

Permissions, fees and commercial activity

• Selling goods: If you intend to sell or expose goods for sale on any portion of the reserves, obtain written consent from the Board in advance and be prepared to pay any fees the Board directs in your case (s 10).

• Camping and fires: Do not camp or light fires on the reserve except in positions and under conditions approved by the authorised guide, caretaker or servant of the Board, and obtain their permission first (s 12).

• Lights and photography: Use only Board‑provided artificial lights inside caves (s 14). Do not take photographs in caves without permission from the guide or caretaker and be prepared to pay photography fees the Board may direct (s 16).

• Animals and stock: Do not depasture or allow domestic or farm animals to stray onto the reserves without first obtaining the Board's written approval and paying such fees as the Board may direct (s 13).

• Motor vehicles and carriage for hire: If you propose to ply for hire or carry passengers or luggage for hire within Reserve A 8427 (Cave House, Yallingup), obtain prior permission from the Board, and be prepared to accept time limits and fee conditions imposed by the Board of Management with the Chief Secretary’s approval (s 18).

Record keeping and evidence

• Written permissions and receipts: Where the by‑laws require written consent (for selling goods, for carrying passengers for hire, or for other regulated activities), retain a copy of the written consent and any receipt for fees paid. Because the by‑laws place fee approval and fee orders at different administrative levels (Chief Secretary, Board of Management, Board), a written record will reduce dispute risk over whether appropriate approvals were in place (ss 2, 10, 18).

• On‑site interactions: If a caretaker or authorised guide grants permission on the spot for camping, fires, photography or other activity, obtain written confirmation where practicable, including any conditions imposed. The by‑laws do not prescribe the form of permissions, so a written record protects both the visitor and the Board’s servants.

Dispute steps and enforcement preparation

• Compliance to avoid removal: Comply with on‑site instructions and conditions; on‑site servants of the Board are empowered to exclude or remove persons who breach the by‑laws (s 17). Immediate compliance reduces the likelihood of removal, dispute and subsequent criminal proceedings.

• If charged: The only statutory penalty is a monetary penalty not exceeding twenty pounds on conviction (s 19). If criminal proceedings arise, use ordinary criminal procedural routes to contest charges; the by‑laws do not provide special internal appeal routes for breach findings by caretakers or guides. Preserve any documentary evidence of permissions, payments and communications relevant to the incident.

Institutional steps for operators and the Board

• For Boards and Boards of Management: Publish transparent procedures for granting written consents and setting fees, and maintain records of permissions and fee orders. The by‑laws vest fee approval roles with the Chief Secretary for certain fees and require Chief Secretary approval for Board of Management fee orders (ss 2, 18); ensure any fee regime is aligned with those requirements and documented.

• For caretakers and authorised guides: Maintain standardised receipts for admission fees and for any fees taken for photography or other Board‑directed charges (ss 2, 16). Ensure clear signage at cave entry points indicating fee amounts, documentation requirements, and the requirement to be accompanied, to reduce disputes at the gate.

• For commercial operators (vendors, vehicle hire, carriers): Obtain written consent from the Board before offering goods or services on the reserves (s 10). For operations within Reserve A 8427, seek Board permission in advance and be prepared to accept conditions and fee obligations set by the Board of Management and approved by the Chief Secretary (s 18). Keep written copies of all permissions and receipts.

Final practical note

• The by‑laws impose a mix of operational obligations (on visitors and on‑site staff) and administrative permissions (for commercial use). Compliance is facilitated where the Board or Board of Management provides clear, written policies, fee schedules and accessible permit forms. Visitors and commercial operators should obtain and retain written consents and fee receipts where the by‑laws require them to avoid both immediate removal and potential criminal prosecutions under s 19.