Aboriginal Communities Act 1979 (WA)

Contributed by Greg McIntyre and Malcolm O'Dell and current to 1 September 2005

This Act is designed to assist Aboriginal communities to manage and control their community lands through a system of by-laws made and enforced by the communities themselves. It allows for the Council of a community to make by-laws relating to the community lands of the community, which prescribe matters “for the purpose of securing decency, order and good conduct on the community lands”.

The Act applies to the communities incorporated as the Bidyadanga Aboriginal Community La Grange Inc, the Bardi Aborigines Association Inc and any other incorporated Aboriginal community declared to be a community covered by the Act.

The council of a community may make bylaws relating to the community lands covering such things as access by persons or animals, use of vehicles, preservation of buildings, plants, prohibition of certain behaviour, alcohol, firearms and rubbish.

The by-laws made by the community may empower a member of the police force to apprehend, remove or otherwise deal with any person, vehicle or animal on community land in order to generally enforce the provisions of the by-laws. Penalties for breach of a by-law may be by fine of not more than $100 or by imprisonment of not more than 3 months and possibly compensation for any damage caused to the property of the community.

Penalties exacted by way of fines are to be paid to the council and put to the use of the community.

The Act limits the application of the by-laws to lands within the boundaries of the community, but otherwise they apply to all persons within those boundaries whether a member of the community or not: s.9(1). The by-laws are also declared by the Act to be subordinate to any civil or criminal liability at common law or under statute or any act pursuant to statute: s.13.