ABORIGINAL COMMUNITIES ACT 1979 - SECT 7
ABORIGINAL COMMUNITIES ACT 1979 - SECT 7
7 . By-laws, council of community may make
(1) The council of a
community to which this Act applies may make by-laws relating to the community
lands of the community for or with respect to —
(a) the
prohibition or regulation of the admission of persons, vehicles, and animals
to the community lands or a part of the community lands;
(b) the
prohibition or regulation of the use of vehicles on the community lands,
including provisions as to speed, manner of driving, class of vehicles,
routes, entrances and exits, one-way traffic, noise, parking or standing, the
removal of vehicles by a person authorised under the by-laws, and for the
control of traffic generally;
(c) the
prevention of damage to or interference with the grounds of the community
lands and the trees, shrubs, bushes, flowers, gardens and lawns on or in those
lands;
(d) the
use, safety and preservation of buildings, structures, erections, fixtures,
fittings and chattels on the community lands;
(e) the
regulation of the conduct of meetings and the interruption of meetings by
noise, unseemly behaviour or other means;
(f) the
prohibition of nuisances, or any offensive, indecent or improper act, or
disorderly conduct, language or behaviour;
(g) the
prohibition, restriction or regulation of the possession, use or supply of
alcoholic liquor or deleterious substances;
(h) the
prohibition or regulation of the possession or use of firearms or other
offensive weapons or of dangerous materials;
(i)
the depositing of rubbish and the leaving of litter on
community lands;
(j) the
prohibition of the obstruction of any person acting in the execution of his
duty under the by-laws or in the exercise and enjoyment by him of any lawful
activity on the community lands;
(k) the
prescribing of any other matter that it is necessary or convenient to
prescribe for the purpose of securing decency, order and good conduct on the
community lands.
(2) By-laws made by
the council of a community under subsection (1) —
(a) may
empower a member of the police force —
(i)
to apprehend any persons guilty of a breach of any by-law
and to remove such a person from the community lands; and
(ii)
to remove any vehicle, animal or other thing from the
community lands; and
(iii)
to request the name and address of any other person who,
in the reasonable belief of the member of the police force, is on the
community lands in breach of any by-law or has committed a breach of a by-law;
and
(iv)
to take proceedings for any breach of a by-law; and
(v)
generally to enforce the provisions of the by-laws;
(b) may
be limited in their application to time, place or circumstance;
(c) may
provide that any act or thing shall be done subject to the approval or to the
satisfaction of the council or a specified person or class of persons and may
confer a discretionary authority on the council or a specified person or class
of persons;
(d) may
impose as the penalty for a breach of a by-law a fine not exceeding $5 000;
(e) may
empower a court to order a person to pay compensation not exceeding $250 to
the community or another person where the court has convicted him under the
by-laws of an offence and, in the course of committing that offence, he has
caused damage to property of the community or that other person.
(3) Nothing in this
Act affects the power of a community or its council to make other by-laws,
rules or regulations under and in accordance with the constitution of the
community.
[Section 7 amended: No. 78 of 1995 s. 147.]