4Unlawful entry on inclosed
lands
(1)
Any person who, without lawful excuse (proof of
which lies on the person), enters into inclosed lands without the consent of
the owner, occupier or person apparently in charge of those lands, or who
remains on those lands after being requested by the owner, occupier or person
apparently in charge of those lands to leave those lands, is liable to a
penalty not exceeding:
(a)
10 penalty units in the case of prescribed
premises, or
(b)
5 penalty units in any other
case.
(1A)
A drover or person in charge of stock being
driven on a road lawfully inclosed within the lands of any person has a lawful
excuse for entering those lands for the purpose of preventing the stock from
straying, or regaining control of stock that have strayed, from that
road.
(2)
Where a road is lawfully inclosed with the lands
of any person, and such road is not clearly defined but there is a reasonably
defined track commonly used by persons passing through such lands, the centre
of such track shall, for the purposes of this Act, be deemed to be the centre
of the road.
(3)
Where a road is lawfully inclosed with the lands
of any person and such road is not clearly defined and there is no reasonably
defined track through such lands a person passing through such inclosed lands
shall not be guilty of an offence unless it is shown that the route taken by
such person in so passing was, having regard to the circumstances,
unreasonable.
(4)
In this section, stock includes horses, cattle,
sheep, goats, pigs and camels.
s 4: Am 1939 No 9,
sec 2 (b); 1964 No 14, sec 2 (a); 1979 No 73, sec 3 (b); 1987 No 39, Sch 1
(1); 1989 No 199, Sch 1 (1); 1993 No 47, Sch 1; 1997 No 97, Sch 1 [4]
[5].