legal speak

If the section of Part 2 of the Act says you can camp by any waterway for example, and a local council or other protection type body says you cant, then that latter law prevails.

Disclaimer - I am not a lawyer, nor do I play one in a TV series.

Hi Cruznoz

I interpret it this way:

- The WA Caravan and Camping Act (WACCA) doesn't have the power to override any other act or local Authority.
- if the WACCA says you can camp in one area but the local council has bylaws which say you can't, then you aren't allowed to use the WACCA to defend your right to stay there

EDIT

Cruznoz

I have had another look and I can now see where I got it wrong. I missed a crucial 2 words - "other than". I should have cottoned on straight away - a "local law" (or by-law) is lower in the hierarchy of legislation, or in other words is less important. The intent of the response is still the same, but the use of Local Govenment is incorrect.

If WACCA states you can camp in certain place and another authority has a No Trespass sign erected (conflict or inconsistency) then you can't camp there (Trespass laws prevail).

Hypothetical Example - WACCA might say you can camp on the beach north of Two Rocks. You plan to camp on the beach within the Lancelin Training Area. The Commonwealth of Australia (Defence Dept) has signs up saying No Trespassing. You can't camp there.

I haven't changed the original post so that 'hysterical integrity' of the forum can be maintained LOL

Cheers

Anthony

Thanks Les and Anthony. You both seem to have similar interpretations. However, I read it differently. The paragraph says that if there is conflict with "any other written law other then a local law the other written law prevails". I read this to mean that "any other written law" is a law in, say some other Legislation. But a local law is something else and doesn't prevail over the Act. If that is the case then if a local council put up a no camping sign at a rest area then the Caravan and camping act would prevail over it. Am I reading this wrong?

Cruznoz - Well, it's obvious you need to study up on the Interpretation Act, 1984! LOL

Interpretation Act 1984 - Western Australian Current Acts

I believe you have the correct interpretation of the Caravan & Camping legislation.
It appears the C&C Act does not have the power to over-ride another Federal or State law where there is conflict with that Federal or State law - but it does over-ride any local law.

As I understand it, local laws are "subsidiary laws" and therefore more limited in their application than Federal and State Laws.
The Caravan & Camping Act is a State law.

From a W.A. Local Govt website ...

"Local laws are defined as subsidiary legislation which are capable of disallowance by either House of Parliament under section 42 of the Interpretation Act 1984.
Disallowance is the device by which the Parliament maintains control of the power to make subsidiary legislation that it has delegated, by primary legislation (Acts of Parliament), to local governments, State Departments and other agencies of Government.
In the case of local governments, this power is granted by the Local Government Act 1995 and other particular Acts such as the Health Act 1911 and the Dog Act 1976.

Other accountability mechanisms impacting on local laws are:

1. The local community, which under the Act is required to be consulted on proposed local laws
2. The Minister for Local Government, who is charged with administering the Department of Local Government which monitors local law making
3. The power of the Minister to request the Governor to make local laws that repeal or amend local laws or prevent certain local laws being made
4. The courts, which can pronounce on the validity of local laws."

Naturally, I have to include the following legal disclaimer ...

"The post above is not a qualified legal opinion, and the poster is not a qualified lawyer. This posters opinion is worth precisely the amount you paid for it. This posters opinion may be at conflict with professional legal opinion and other forum members opinions. This could make conflicting opinions arise, which you will have to deal with according to how you see fit. This disclaimer ensures that no legal action can be initiated against this poster, in the event of losses, either physical, financial, emotional or otherwise, being incurred as a result of the original poster acting upon this posters opinion."

I think that should cover it - but I'll have to check with my lawyer to see if I've missed anything. [;-)

Cheers, Ron.

The Part of the Act prevails over a "local law" whatever that is.( Notice the exception 'other than a local law') Everything else in "written law" eg Commonwealth or other state legislation prevails over the Act but only to the extent of any conflict or inconsistency.

Not drafted by the sharpest pencil in the box imnsho.

Cheers
Mark

I think the operative words are "other than a local law" So a local law would still prevail.as it does not exclude this law only other than a local law.

To me it means don't camp where your not welcome no matter which authority is saying it.

A barney is a barney.Life is to short to get involved in barneys. This is a big country, even if I am right I am not having a barney, so I will move on. I do not let other people spoil my day.

There is a hierarchy of laws in Australia where there is a conflict.

Federal Law overrides State Law

State Law overrides Local Council Law

Council Law overrides laws set up by business or anything other local.

I used to work in project work at the Federal level and wherever possible we complied with State and Local rules and we were obliged to where there was no Federal Law on the subject - but where Federal Laws were in place these applied.

So if WA law says you can camp somewhere, Council Law cannot override but if in some aspect WA law is silent then local laws will apply. Eg WA say a area is open for camping and says nothing else - Council laws will dictate how the cam area is set up - parking, toilets etc.

I dont know much about laws but on the spit on the Gold Coast there are no camping council signs everywhere but the land is owned by Maritime, people are camped up everywhere and the council cant do a thing about it.