Wellington Showground By-law 1987

Trustees are the persons appointed under the Wellington Show Ground Act 1929 and are the central decision-making body under the by-law (clause 4). They determine fees, set aside land, grant permissions, exempt persons from charges, and enforce the by-law. Authorised occupier means a person authorised by the trustees to occupy the whole or part of the land (clause 4). This person acts as an agent for the trustees in collecting entrance and parking fees and must account for those fees within seven days (clause 9). The land is defined by reference to the holdings under the 1929 Act, so its boundaries are determined by that Act rather than by the by-law itself. Vehicle is defined broadly to include any apparatus drawn or propelled by animal, volatile spirit, steam, gas, oil or electricity, as well as any trailer or caravan, whether or not being towed (clause 4). This covers not only motor vehicles but also horse-drawn carts, bicycles, electric scooters, and similar devices.

A key conceptual distinction in the by-law is between acts that require prior authorisation from the trustees and acts that are prohibited absolutely. Clause 10(1) lists activities that a person shall not do "unless authorised by the trustees". These include making an address, holding a meeting or musical performance, selling or distributing articles, camping, damaging vegetation, carrying firearms, lighting fires, and interfering with animals. The trustees have discretion to grant or deny authorisation, and the by-law imposes no criteria or appeal mechanism for that decision. In contrast, clause 10(2) lists acts that are prohibited regardless of authorisation: leaving rubbish, damaging structures, obstructing employees, throwing missiles, remaining after being asked to leave, and driving or riding contrary to signs. These are strict prohibitions with no discretion.

Another concept is the exemption power. The trustees may exempt persons from payment of charges for use of set-aside portions (clause 6(4)), from entrance fees (clause 7(1) refers to persons exempted by the trustees), and from parking fees (clause 8(1) similarly). The by-law does not specify grounds for exemption, leaving it to the trustees' absolute discretion. This creates a potential for arbitrary or unequal treatment, as there is no requirement to publish exemption criteria.

The by-law also creates a regime of conditions displayed on signs. For entry, conditions must be exhibited outside the land on signs at or adjacent to each entrance (clause 7(2)). For parking, conditions must be exhibited at each vehicular entrance (clause 8(2)). For set-aside portions, conditions may be displayed on signs at or near the relevant part or notified in writing to those obtaining permission (clause 6(2)). A person entering accepts those conditions, and contravening a condition is itself an offence (clause 10(1)(p)). This means that the trustees can effectively create new criminal prohibitions simply by erecting signs, without further legislative amendment.

The by-law directly affects any person who enters the Wellington Showground, whether as a member of the public attending a show or event, a participant in a sporting event, a vendor or stallholder, an exhibitor, a contractor working on the land, or a resident of any adjacent area who might use the land for recreation. It also affects trustees, authorised occupiers, employees of trustees or authorised occupiers, and members of the police force. The by-law imposes duties on all these categories.

For the general public, the by-law restricts free access to what is ostensibly public land. Entry is conditional on payment of fees (if determined) and compliance with displayed conditions. The list of prohibited activities in clause 10 significantly limits individual freedom: a person cannot make a speech, distribute leaflets, take commercial photographs, pick a flower, climb a tree, or allow an animal to remain (unless it is being exhibited or raced). These restrictions apply even if no fee is payable. The by-law thus imposes a compliance burden on anyone entering the land to be aware of the current conditions and prohibitions.

For vendors, performers, event organisers, and commercial operators, the by-law imposes an additional hurdle: they must obtain authorisation from the trustees before engaging in activities such as selling goods, giving performances, or using photographic equipment for commercial purposes (clause 10(1)(b)-(e)). The trustees can grant or deny permission without stated criteria, which creates uncertainty and potential for rent-seeking if the trustees favour certain operators. The fees for entry and parking can also be set unilaterally, affecting the cost of doing business on the land.

For authorised occupiers (often agricultural societies, show societies, or other entities granted occupation rights), the by-law imposes a duty to collect fees as agent and to account within seven days (clause 9). Failure to do so could result in the trustees revoking authorisation, though the by-law does not specify consequences.

For trustees themselves, the by-law creates governance duties: they must meet at least six times per year, hold an annual meeting by 31 October, elect officers, maintain a bank account, authorise expenditure at meetings, and follow meeting procedures (clauses 12-17). Non-compliance could expose them to legal challenge, though the by-law is silent on remedies for breach of these internal duties.

The by-law also affects persons who might be removed from the land under clause 11: trespassers and persons causing annoyance or inconvenience. The removal power is broad and can be exercised by a trustee, authorised occupier, police officer, or any employee of the trustees or an authorised occupier. This affects not only trespassers but also lawful visitors who are deemed to be causing annoyance or inconvenience, a subjective test.

Duties of trustees: The trustees must determine fees and charges (clause 5), but there is no duty to set them at a particular level or to review them. They must set aside portions of land and may grant permissions (clause 6), but again no duty to do so. They must display conditions on signs (clauses 6(2), 7(2), 8(2)). They must hold at least six meetings per year (clause 13(1)), give at least 10 days notice for ordinary meetings (clause 13(3)), call special meetings within 28 days upon a request by at least two trustees (clause 13(2)), hold annual meetings by 31 October (clause 14(1)), elect officers annually (clause 14(2)), fill casual vacancies at the first meeting after occurrence (clause 16), and follow meeting procedures per Ordinance No 1 under the Local Government Act 1919 (clause 17(1)). They must bank all money received to the credit of the "Wellington Showground Trust" account (clause 12(1)), ensure each item of expenditure is authorised or confirmed at a meeting (clause 12(2)), and have cheques signed by a trustee and either the secretary or treasurer (clause 12(3)).

Rights of trustees: The trustees have broad discretionary rights: to determine fees unilaterally (clause 5), to set aside portions of land for any purpose and grant use on such conditions as they think fit (clause 6(1)), to exempt persons from charges (clauses 6(4), 7(1), 8(1)), to authorise activities otherwise prohibited under clause 10(1), and to remove persons from the land (clause 11). The chairperson has a casting vote at meetings (clause 17(2)).

Duties of authorised occupiers: They must collect entrance and parking fees as agents for the trustees and account for them within seven days (clause 9). They may also be asked to enforce conditions or remove persons, though the by-law does not impose a specific duty to do so.

Duties of persons entering the land: A person must pay any entrance fee determined (clause 7(1)(a)), enter as directed by signs (clause 7(1)(b)), and comply with conditions displayed at entrances (clause 7(2)). If bringing a vehicle, they must pay any parking fee and comply with parking conditions (clause 8). They must not engage in any of the prohibited acts under clause 10. They must leave when requested by a trustee or authorised person (clause 10(2)(f)). They must not obstruct employees or contractors (clause 10(2)(c)).

Rights of persons entering the land: The by-law does not confer a right of entry; entry is conditional. If a person pays the fee and complies, they may enter, but the trustees could theoretically deny entry for any other reason (e.g., by erecting a sign prohibiting entry to certain classes of persons). Persons have the right to be free from arbitrary removal if they are not trespassing and not causing annoyance or inconvenience, but the by-law gives little guidance on what constitutes annoyance or inconvenience. There is no right to a refund if entry is cut short. There is no right to appeal trustees' decisions.

Clause 18 provides that a person who contravenes or fails to comply with any provision of the by-law is guilty of an offence and liable to a penalty not exceeding $500. This is a maximum penalty; a court could impose a lesser fine. The $500 figure has not been updated since 1987, meaning its real value has eroded substantially due to inflation. This may reduce the deterrent effect of the penalty, though it remains a criminal conviction.

Clause 19 specifies that proceedings for an offence against the by-law may be dealt with summarily before a Local Court constituted by a Magistrate sitting alone. This is the standard method for summary offences in New South Wales. The use of the word "may" suggests that proceedings are not required to be brought; enforcement is at the discretion of the trustees or the police. The by-law does not create a system of penalty notices (on-the-spot fines); only court proceedings are provided. This makes enforcement more resource-intensive because each offence must go through the court process. In practice, trustees might rely on removal powers under clause 11 as a quicker remedy than prosecution.

The by-law does not specify who can initiate proceedings. Generally, a trustee, authorised occupier, or police officer could lay an information. The by-law does not create a statutory defence of reasonable excuse or authorisation, except where the by-law itself requires authorisation (clause 10(1) uses "unless authorised by the trustees"). For the absolute prohibitions in clause 10(2), no exception is provided. This means that leaving a piece of litter inadvertently, or obstructions caused by necessity, could technically result in a conviction. However, a court might interpret "obstruct" or "leave" as requiring some degree of intention or negligence. The by-law is silent on the mental element, so the default rule under the Interpretation Act 1987 (NSW) would likely apply: strict liability unless a contrary intention appears.

Enforcement also occurs through removal under clause 11. A trustee, authorised occupier, police officer, or employee of the trustees or authorised occupier may remove a person who trespasses or who causes annoyance or inconvenience. This power does not require a prior warning or a court order. The broad phrase "causes annoyance or inconvenience" gives significant discretion and could be applied to behaviour that is not an offence under the by-law. This raises potential concerns about abuse, though in practice it is likely used for disruptive individuals.

The by-law does not provide for any review or appeal of removal decisions. A person removed could potentially bring a civil action for assault or false imprisonment if the removal was excessive, but they would bear the burden and cost of litigation.

The by-law is made under the Wellington Show Ground Act 1929, which is the parent Act. That Act vests the land in trustees and confers the power to make by-laws. The by-law operates in conjunction with that Act; any amendment or repeal of the Act would affect the by-law's validity.

The by-law expressly references other legislation in clause 10(1)(k): the Firearms Act 1996 and the Weapons Prohibition Act 1998. These references were inserted by amendment in 2010 (see Amendment history). They incorporate the definitions of "firearm", "imitation firearm", and "prohibited weapon" from those Acts. A person carrying such an item on the showgrounds is exempt only if they are a police officer acting in the course of duty. This means that even a licensed firearm holder or a person with a lawful reason (e.g., a participant in a historical re-enactment) would commit an offence unless authorised by the trustees. The trustees could grant authorisation under clause 10(1), but the by-law does not require them to do so.

Clause 17(1) requires meetings of the trustees to be conducted, as far as possible, in accordance with the procedures set out in Ordinance No 1 under the Local Government Act 1919. However, the Local Government Act 1919 was repealed by the Local Government Act 1993. The Ordinance may have been saved by transitional provisions, but this creates legal uncertainty about the current meeting procedures. It is possible that the reference is now obsolete, and trustees could be at risk of having meetings invalidated if they strictly follow a repealed set of rules. A modernisation of the by-law would be advisable.

The by-law does not interact with the common law rights of the public to access public land. Under the Act, the land is held by trustees for the purposes of a showground. The public has no automatic right of access; it is determined by the trustees' decision to open the land and on what terms. The by-law may also interact with trespass laws: a person who remains after being requested to leave may also be a trespasser under the Inclosed Lands Protection Act 1901 (NSW) or the common law. Clause 11 provides a separate removal power that supplements those laws.

The by-law does not address privacy, human rights, or anti-discrimination law. A condition of entry that discriminates on a prohibited ground (e.g., race, sex, disability) could be challenged under the Anti-Discrimination Act 1977 (NSW). The by-law itself does not override that Act. Similarly, the broad discretion of trustees could be challenged under administrative law principles if it is exercised arbitrarily or for an improper purpose, though the by-law does not provide for merits review.

The by-law also does not interact with planning or environmental laws. However, activities such as removing vegetation, lighting fires, or erecting structures might separately require approvals under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993. The by-law does not exempt anyone from those requirements.

The only amendment recorded in the source is to clause 10, which was amended by 2010 No 40, Schedule 3.28. The source note appears after clause 10(2). That amendment updated the references to firearms and weapons legislation. Prior to the amendment, clause 10(1)(k) likely referred to earlier versions of those Acts (possibly the Firearms Act 1932 or similar, and the Weapons Prohibition Act 1934). The amendment substituted "Firearms Act 1996" and "Weapons Prohibition Act 1998" and aligned the definitions accordingly. It also inserted the police officer exemption (the phrase "unless the person is a member of the police force acting in connection with the performance of the person's duties as a member of the police force"). Previously, the clause may have had a broader or narrower exemption.

No other amendments are noted. The by-law has not been updated since 1987 to reflect changes in penalty amounts, meeting procedures, or the list of prohibited activities. The penalty of $500 remains from original enactment; there is no indexation mechanism. The reference to the Local Government Act 1919 in clause 17(1) has not been updated despite the repeal of that Act in 1993. This creates a latent compliance risk: if a court finds that the meeting procedures reference is invalid or unworkable, trustees' decisions could be challenged for want of procedural validity. The by-law also predates modern administrative law reforms and the introduction of the Civil Liability Act 2002, which may affect tort claims arising from removal or accidents on the land.

The by-law's definition of "vehicle" in clause 4 has not been amended to include modern devices such as electric scooters, hoverboards, or segways, though the broad language (any apparatus drawn or propelled wholly or partly by ... electricity) would likely cover them. Similarly, the prohibition on "television, cinematographic or photographic equipment for commercial purposes" in clause 10(1)(e) predates smartphones and drones. A person using a smartphone for commercial photography might technically commit an offence unless authorised.

The by-law has not been reviewed or remade in over 35 years, which is notable for a regulatory instrument that creates criminal offences. The lack of modernisation raises questions about its continued relevance and enforceability, though it remains in force until repealed.

The source text does not record any litigation history. No cases are cited, and the by-law has likely generated little reported case law. The Wellington Showground is a relatively small regional facility, and the matters dealt with by the by-law (entry fees, parking, conduct) are unlikely to reach appellate courts. However, there are several areas where litigation could arise.

First, the interpretation of the parent Act (Wellington Show Ground Act 1929) and the scope of the trustees' powers could be challenged. For example, if the trustees attempt to set fees that are unreasonable or to prohibit lawful activities in a manner that exceeds the power conferred by the Act, a person could seek judicial review. The by-law gives no internal appeal, so the only recourse would be to the Supreme Court for prerogative relief.

Second, the meeting procedures in clause 17(1) rely on Ordinance No 1 under the repealed Local Government Act 1919. If a decision of the trustees is challenged on the ground that the meeting was not conducted in accordance with those procedures, a court would need to determine whether the ordinance continues to have effect and whether strict compliance is required. This could result in litigation over the validity of trustees' resolutions, including fee determinations or grants of permission.

Third, removal of persons under clause 11 could lead to civil claims for assault, false imprisonment, or defamation if the removal is carried out unlawfully or with excessive force. The by-law does not authorise the use of force; it only empowers removal. Whether that removal can involve physical force would depend on the common law of self-help and trespass. Litigation could arise over what constitutes "causing annoyance or inconvenience" - a highly subjective standard.

Fourth, prosecutions under clause 18 could be defended on grounds of uncertainty or unreasonableness. For example, the offence in clause 10(2)(c) of obstructing an employee of or contractor to the trustees in the performance of their work could be argued to be too vague. Similarly, the condition-implementing offence in clause 10(1)(p) (contravening any condition to which entry was subject) essentially incorporates external standards by reference, which could attract challenge under the principle that criminal laws must be accessible and foreseeable.

Despite these possibilities, no reported decisions have been found in open sources. The by-law has operated largely without judicial scrutiny, which may reflect low enforcement rates or a willingness of users to comply.

Several provisions contain traps for the unwary. The first is the breadth of the definition of "vehicle" (clause 4). It includes animal-drawn vehicles, so a horse-drawn carriage would require parking fee payment and compliance with parking conditions. It also includes "any apparatus drawn or propelled wholly or partly by ... electricity", which would cover electric wheelchairs and mobility scooters. A person using an electric wheelchair could be required to pay a parking fee if they stop on the land, depending on how the trustees define parking. The trustees could impose conditions on such devices.

Second, the offence of "contravene any condition to which the person's entrance was subject" (clause 10(1)(p)) acts as a catch-all. The conditions are those displayed on signs at entrances. If a sign says "no smoking", smoking becomes an offence under the by-law even though it is not listed in clause 10. The trustees can effectively create new criminal prohibitions by erecting signs, without any parliamentary oversight or amendment of the by-law. This is a delegation of legislative power that could be challenged, but until challenged it is enforceable.

Third, the by-law does not require written authorisation from the trustees for the activities listed in clause 10(1). Oral authorisation might suffice, but it would be difficult to prove if challenged. A prudent person should obtain written permission and keep a copy.

Fourth, the exemption power of the trustees (clauses 6(4), 7(1), 8(1)) is entirely discretionary. If the trustees exempt one vendor from fees but not another, that could be discriminatory, but the by-law provides no remedy. There is no requirement to publish exemptions or to treat like cases alike.

Fifth, the financial provisions require cheques to be signed by a trustee and either the secretary or treasurer (clause 12(3)). If the treasurer is absent, a cheque cannot be signed without a trustee. This could cause practical difficulties. Additionally, the seven-day accounting period for authorised occupiers (clause 9) is short; failure to account could be a breach of the by-law, though not expressly an offence (the penalty clause applies to contravention of a provision, and clause 9 is a provision).

Sixth, the annual meeting must be held by 31 October, but the financial year ends on 31 March (clause 15). The financial statements for the year ending 31 March should be presented at the annual meeting, but there is no requirement in the by-law to do so. This could lead to delays in reporting or approval.

Seventh, the meeting procedures reference (clause 17(1)) is to an ordinance under a repealed Act. Trustees relying on modern meeting practices could inadvertently be non-compliant. Conversely, attempting to follow the old ordinance might be impossible because the ordinance itself may no longer be accessible or comprehensible.

Eighth, the removal power in clause 11 is not limited to persons committing an offence under the by-law. A person who is not trespassing but merely "causes annoyance or inconvenience" can be removed. Annoyance is subjective. A person speaking loudly, playing music, or having an unusual appearance could be removed. There is no right to be heard before removal.

Ninth, the by-law's offence provisions apply to "a person" without exception for children or persons with disabilities. A child picking a flower could be prosecuted, though a court would likely be lenient. Strict liability may apply.

Tenth, the by-law does not provide for review of fees. Once set, they remain until changed. There is no obligation to index fees or to justify them. Persons using the land have no input into the fee-setting process.

For a member of the public attending the showground: Before entering, look for signs at all entrances. These signs will state the entrance fee (if any) and the conditions of entry. Pay the fee if required. Then enter only through a designated entrance. While on the land, observe all signs. Do not engage in any of the activities listed in clause 10 without prior authorisation. Specifically: do not make an address, hold a meeting, sell anything, affix posters, take commercial photographs or video, camp, damage vegetation, deface rocks, climb trees or structures, damage lawns, carry firearms or prohibited weapons (unless you are a police officer), light fires, possess axes or saws, interfere with animals, or let an animal remain unless it is being exhibited or raced. Do not leave rubbish except in bins, do not damage anything, do not obstruct employees, do not throw missiles, do not throw objects into animal areas, and leave immediately if asked to do so by a trustee, authorised occupier, police officer, or employee. If you drive or ride a vehicle onto the land, pay any parking fee and obey all traffic and parking signs.

For a vendor, performer, or event organiser: Obtain written authorisation from the trustees for any of the activities you intend to conduct. This includes selling goods, making an address, holding a meeting or performance, using commercial photography equipment, or erecting structures. Pay any fees determined by the trustees for use of the land. Comply with any conditions of the permission. If you are granted permission to occupy a portion of the land, ensure you understand the conditions displayed on signs at that portion. If you are an authorised occupier, collect entrance and parking fees as required and remit them to the trustees within seven days.

For trustees: Hold at least six meetings per year, giving at least ten days notice for ordinary meetings. Ensure that meeting procedures are followed. The safe course is to adopt procedures that are transparent, documented, and consistent with natural justice, even if the old Local Government ordinance is obscure. Keep minutes. Elect a chairperson, deputy chairperson, secretary, treasurer, and auditor at the annual meeting, which must be held by 31 October. Fill any casual vacancy at the first meeting after that vacancy. Maintain a bank account in the name of "Wellington Showground Trust". Ensure all receipts are deposited. Authorise each item of expenditure at a meeting. Sign cheques with a trustee and the secretary or treasurer. Set fees and charges from time to time, and display them clearly on signs. Display conditions of entry on signs at each entrance. Consider issuing written permissions for clause 10(1) activities and keeping a register. Be consistent in exercising exemption powers to avoid allegations of bias. Ensure that conditions on signs are precise and unambiguous, as they create criminal offences. Review the by-law's currency and consider seeking an update to resolve the obsolete reference in clause 17(1).