1Name of
Act
This Act may be cited as the Inclosed Lands Protection Act
1901.
2
s 2: Rep 2009 No 27,
Sch 1.7 [1].
3Definitions
(1)
In this Act:
child
care service means any service that is provided by a person
for the purpose of educating, minding or caring for one or more children
(disregarding any children who are related to the person providing the
service), but does not include any such service if the service is:
(a)
provided by a person at the premises at which the
children reside, or
(b)
out-of-home care provided by a designated agency
or an authorised carer within the meaning of the Children and Young Persons (Care and Protection) Act
1998.
hospital means any of the
following:
(a)
a public hospital within the meaning of the
Health Services Act
1997,
(b)
a private health facility within the meaning of
the Private Health Facilities Act
2007.
Inclosed
lands means:
(a)
prescribed premises, or
(b)
any land, either public or private, inclosed or
surrounded by any fence, wall or other erection, or partly by a fence, wall or
other erection and partly by a canal or by some natural feature such as a
river or cliff by which its boundaries may be known or recognised, including
the whole or part of any building or structure and any land occupied or used
in connection with the whole or part of any building or
structure.
prescribed premises means land
occupied or used in connection with any of the following:
(a)
a government school or a registered
non-government school within the meaning of the Education Reform Act
1990,
(b)
a child care service,
(c)
a hospital,
(d)
a nursing home within the meaning of the Public Health Act
2010,
and any building or structure erected on that land, but
does not include all or part of any building or structure that is for the time
being occupied or used for a purpose unconnected with the conduct of such a
school, child care service, hospital or nursing home.
Road means any land proclaimed,
dedicated, resumed or otherwise provided as a public thoroughfare or way or
any land defined, reserved or left as a road in any subdivision of
lands.
(2)
Where a road is lawfully inclosed with the lands
of any person, those lands, but not the road, shall be deemed for the purposes
of this Act to be the inclosed lands of the person.
s 3: Am 1939 No 9,
sec 2 (a); 1979 No 73, sec 3 (a); 1987 No 63, Sch 2; 1997 No 97, Sch 1
[1]–[3]; 1998 No 158, Sch 2.17; 1999 No 31, Sch 3.10; 2001 No 121, Sch
2.124 [1]; 2004 No 87, Sch 6.8; 2007 No 9, Sch 5.15; 2010 No 127, Sch
4.12.
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].
4AAUnlawful re-entry on inclosed
lands
(1)
A person who, without reasonable excuse,
knowingly enters an event venue during an organised event in contravention of
a re-entry prohibition given to the person is guilty of an
offence.
Maximum penalty: 10 penalty
units.
(2)
A re-entry
prohibition is a direction given by a responsible authority
for an organised event, after a person has been directed to leave the
organised event, that directs the person:
(a)
not to re-enter the event venue during the
organised event, or
(b)
not to enter any specified event venue during an
organised event for which the responsible authority is the responsible
authority,
or both.
(3)
A re-entry prohibition may be given orally in
person or in writing.
(4)
The responsible authority must, at the time of
giving the re-entry prohibition:
(a)
specify the event venue or venues, and organised
event or events, to which the re-entry prohibition applies,
and
(b)
specify the duration of the re-entry prohibition,
and
(c)
state the reason why the re-entry prohibition is
being given, and
(d)
warn the person subject to the re-entry
prohibition that it is an offence to contravene the re-entry
prohibition.
(5)
Proof of reasonable excuse under this section
lies on the person charged with the offence.
(6)
If a person who enters an event venue in
contravention of a re-entry prohibition is also prohibited or banned from
entering the event venue under another Act or law, the person cannot be found
guilty of both an offence under this Act and an offence under the other Act or
law in respect of the same conduct.
(7)
In this section:
event
organiser in relation to an organised event means the person
in charge or apparently in charge of the organised event and who has the power
to admit persons to or exclude persons from attending the organised
event.
event
venue means that part of inclosed lands used for an
organised event to which right of entry is conferred by a ticket, membership
or similar arrangement.
organised
event means:
(a)
an organised sporting event, and includes any
performance, ceremony or formalities conducted in conjunction with the event,
or
(b)
an organised public exhibition, fair, convention,
performance, ceremony, festival or similar event, or
(c)
an event of a kind prescribed by the
regulations.
responsible authority for an
organised event means:
(a)
the owner, occupier or person apparently in
charge of the event venue used or to be used for the organised event,
or
(b)
the event organiser.
s 4AA: Ins 2014 No
59, Sch 1.9.
4AOffensive conduct while on
inclosed lands
(1)
Any person, who remains upon the inclosed lands
of another person after being requested by the owner or occupier or the person
apparently in charge of those lands to leave those lands and while remaining
upon those lands conducts himself or herself in such a manner as would be
regarded by reasonable persons as being, in all the circumstances, offensive,
is liable to a penalty not exceeding:
(a)
20 penalty units in the case of prescribed
premises, or
(b)
10 penalty units in any other
case.
(2)
It is a sufficient defence to a prosecution for
an offence under this section if the defendant satisfies the court that the
defendant had a reasonable excuse for conducting himself or herself in the
manner alleged in the information for the offence.
s 4A: Ins 1979 No 73,
sec 3 (c). Am 1983 No 188, Sch 1; 1987 No 39, Sch 1 (2); 1989 No 199, Sch 1
(2); 1993 No 47, Sch 1; 1997 No 97, Sch 1 [6].
5Penalty on leaving gate
open
(1)
Any person who enters into or upon the inclosed
lands of any other person, and wilfully or negligently leaves open or down any
gate or slip-panel, shall be liable to a penalty not exceeding 2 penalty
units.
(2)
Any person who enters into or upon any road
lawfully inclosed with the lands of any other person through any gate (not
being a public gate within the meaning of the Roads Act
1993), or slip panel, and wilfully or negligently leaves
open or down such gate or slip-panel, shall be liable to a penalty not
exceeding 2 penalty units.
s 5: Am 1939 No 9,
sec 2 (c); 1964 No 14, sec 2 (b); 1987 No 39, Sch 1 (3); 1989 No 199, Sch 1
(3); 1993 No 33, Sch 1; 1993 No 47, Sch 1.
6Offender may be
apprehended
(1)
Any person found committing any offence against
this Act, and who refuses, when required to do so, to give his or her name and
place of abode, may be apprehended by the owner, occupier, or person in charge
of the inclosed lands upon or in relation to which the offence was committed,
and delivered to the custody of the nearest constable to be taken before a
Magistrate or an authorised officer within the meaning of the Criminal Procedure Act 1986 to be dealt
with according to law.
(2)
Any person who, upon being so required to give
his or her name and place of abode, gives any false name or place of abode,
shall be liable to a penalty not exceeding 0.5 penalty
unit.
s 6: Am 1964 No 14,
sec 2 (c); 1993 No 47, Sch 1; 2001 No 121, Sch 2.124 [2].
7Owner may destroy
goats
(1)
Any owner, occupier, or person in charge of
inclosed land may destroy any goat found trespassing
thereon.
(2)
Subsection (1) does not authorise the destruction
of any goat that:
(a)
is legibly branded, or
(b)
has around its neck a collar with the name and
address of its owner legibly engraved on it, or
(c)
has an ear mark, or
(d)
is wearing an ear tag.
s 7: Am 1939 No 9,
sec 2 (d); 2002 No 33, Sch 2 [1].
8Penalties
All penalties under this Act may be recovered
before the Local Court.
s 8: Am 2001 No 121,
Sch 2.124 [3]; 2007 No 94, Sch 2.
9Limitation of civil
action
Any civil action against any person for anything
done in pursuance of this Act shall be commenced within two months after the
fact was committed, and notice in writing of such action and of the cause
thereof shall be given to the defendant one month at least before the
commencement of the action.
s 9: Am 1970 No 52,
Second Sch; 1973 No 9, Sch 2; 2009 No 27, Sch 1.7 [2].
9AParticulars to be
furnished
(1)
If a defendant charged with an offence under this
Act:
(a)
has requested the informant to furnish to the
defendant reasonable particulars of the behaviour or conduct the subject of
the charge, and
(b)
the informant, or some person on his or her
behalf, has not so furnished those particulars,
the court before which the defendant is charged is to
adjourn the charge pending the furnishing of those particulars or may dismiss
the charge.
(2)
If, at the hearing of a charge for an offence
referred to in subsection (1):
(a)
the evidence discloses behaviour or conduct that
constitutes such an offence, and
(b)
that behaviour or conduct is different from the
behaviour or conduct of which particulars have been given to the defendant
under subsection (1),
the court may, on the application of the defendant and
if it is of the opinion that the defendant was deceived by those particulars,
adjourn the hearing on such terms as it thinks fit.
s 9A: Ins 2009 No 27,
Sch 1.7 [3].
10Penalty notice for certain
offences
(1)
A police officer may serve a penalty notice on a
person if it appears to the officer that the person has committed an offence
against this Act.
(2)
A penalty notice is a notice to the effect that,
if the person served does not wish to have the matter dealt with by a court,
the person may pay, within the time and to the person specified in the notice,
the amount of penalty prescribed by the regulations for the offence if dealt
with under this section.
(3)
Any such notice may be served personally or by
post.
(4)
If the amount of any penalty prescribed for an
alleged offence is paid in accordance with this section, no person is liable
to any further proceedings for the alleged offence.
(5)
Payment of a penalty in accordance with this
section is not to be regarded as an admission of liability for the purposes
of, nor in any way as affecting or prejudicing any civil claim, action or
proceeding arising out of the same occurrence.
(6)
The regulations may prescribe the amount of
penalty payable for an offence against this Act if dealt with in accordance
with this section.
(7)
The amount of a penalty prescribed under this
section for an offence must not exceed the maximum amount of penalty which
could be imposed for the offence by a court.
(8)
This section does not limit the operation of any
other provision of, or made under, this or any other Act relating to
proceedings which may be taken in respect of offences.
s 10: Ins 2002 No 33,
Sch 2 [2].
11Regulations
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this Act.
s 11: Ins 2002 No 33,
Sch 2 [2].
Sch: Rep 2009 No 27,
Sch 1.7 [4].