Liquor Control (Spinifex Restricted Area) Regulations 2014 (WA)
Western Australia
Liquor Control Act 1988
Western Australia
Liquor Control Act 1988
These regulations are the
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the
Gazette ;(b) the rest of the regulations — on the day after that day.
(a) staying at a place that is at least 50 kilometres from his or her usual place of residence for a period of at least one night; and
(b) intending to stay away from his or her usual place of residence for a period of less than 12 months; and
(c) not in the course of travelling on a regular journey between his or her usual place of residence or his or her place of work or education; and
(d) travelling in the course of a holiday or for leisure, business, to visit friends or relatives or for any other reason; and
(e) not usually resident in the Restricted Area.
(1) The Spinifex Native Title Determination Area, excluding the portion that is within Reserve 17614, is declared to be a restricted area for the purposes of section 175(1a) of the Act.
(2) The map in Schedule 2 shows the Restricted Area crosshatched.
(1) The Director of Liquor Licensing must take all reasonable steps to cause to be posted, and while the Restricted Area continues to be a restricted area by operation of regulation 5(1) to be kept posted, at each place where a customary access route enters the Restricted Area a notice —
(a) describing the offences set out in regulation 7; and
(b) specifying the penalties for those offences.
(2) A failure to comply with subregulation (1) does not invalidate the declaration in regulation 5(1).
(1) Subject to regulation 8, a person who —
(a) brings liquor into, or causes liquor to be brought into, the Restricted Area; or
(b) has liquor in his or her possession in the Restricted Area,
commits an offence.
Penalty:
(a) if subregulation (2) applies, a fine of $5 000;
(b) in any other case, a fine of $2 000.
(2) This subregulation applies to an offence under subregulation (1) committed by a licensee, a manager of licensed premises or a director of a body corporate that holds a licence.
(1) A tourist to whom this regulation applies does not commit an offence under regulation 7.
(2) This regulation applies to a tourist if —
(a) the tourist is in the portions of the Restricted Area that are within 50 metres either side of the Anne Beadell Highway (also known as the Serpentine Lakes Road), and continuously maintains possession of, or consumes, the liquor in his or her possession; or
(b) the tourist is in any other part of the Restricted Area and continuously maintains possession of, but does not consume, the liquor in his or her possession.
(3) The map in Schedule 2 shows the Anne Beadell Highway.
Despite section 155(4) and (5) of the Act, a member of the Police Force may 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 7.
Unless sooner repealed, these regulations have effect for the period that ends at the close of 2 July 2034.
[r. 3]
All those lands and waters bounded by a line —
(a) commencing at the westernmost north‑western corner of unnumbered unallocated Crown land (formerly Yowalga Location 7) as shown on Deposited Plan 220992 and extending east along the northernmost northern boundary of that location and east and south‑easterly along the boundaries of Class “A” Reserve 17614 being Lot 9 on Deposited Plan 91722 (formerly Milyuga Location 20) to the Western Australian‑South Australian Border;
(b) then southerly along that border to latitude 29.5° South;
(c) then west to the south‑eastern corner of Lot 9 on Deposited Plan 220922 (formerly Delisser Location 9);
(d) then west and north along the boundaries of that location and north along the western boundary of Lot 8 on Deposited Plan 220992 (formerly Delisser Location 8) to the south‑western corner of unnumbered unallocated Crown land (formerly Yowalga Location 7);
(e) then generally northerly along the boundaries of Lot 8 on Deposited Plan 220992 (formerly Delisser Location 8) to the commencement point.
Note for this Schedule:
The Deposited Plans referred to in this Schedule are held by the Western Australian Land Information Authority established by the
[r. 5(2) and (4)]
This is a compilation of the
1 Jul 2014 p. 2341‑4 | r. 1 and 2: 1 Jul 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Jul 2014 (see r. 2(b)) | |
2 Jun 2017 p 2751-2 | r. 1 and 2: 2 Jun 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Jun 2017 (see r. 2(b)) | |
SL 2020/62 22 May 2020 | 23 May 2020 (see r. 2(b)) | |
SL 2023/78 20 Jun 2023 | 21 Jun 2023 (see r. 2(b)) | |
SL 2024/109 26 Jun 2024 | 27 Jun 2024 (see r. 2(b)) |
Restricted Area................................................................................................................. 3
Spinifex Native Title Determination Area.................................................................. 3
tourist................................................................................................................................. 3
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