Enclosed Lands Protection Act 1943

This Act is the Enclosed Lands Protection Act 1943.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Any person who, without lawful excuse (proof of which lies on the person), enters into the enclosed land of any other person, without the consent of the owner or occupier or the person in charge of those lands, commits an offence.

Maximum penalty: 5 penalty units.

Without limiting the expression lawful excuse in subsection (1), a drover or person in charge of stock being driven on a road lawfully enclosed with the lands of any person is taken to have lawful excuse for entering those lands for the purpose of preventing the stock from straying or of regaining control of stock that have strayed from that road.

If a road is lawfully enclosed with the lands of any person and the road is not clearly defined and—

if there is a reasonably defined track commonly used by people passing through those lands—the centre of the track is taken, for this Act, to be the centre of the road; or

if there is no reasonably defined track through the lands—a person passing through the lands does not commit an offence against this section unless it is shown that the route taken by the person in so passing was, having regard to the circumstances, unreasonable.

Any person who enters into or on the enclosed lands of any other person, and wilfully or negligently leaves any gate open or slip panel down, commits an offence.

Maximum penalty: 5 penalty units.

Any person who enters into or on any road lawfully enclosed with the lands of any other person through any gate or slip panel, and wilfully or negligently leaves that gate open or that slip panel down, commits an offence.

Maximum penalty: 5 penalty units.

If the owner, occupier or person in charge of enclosed lands believes on reasonable grounds that another person is committing an offence against this Act, the owner, occupier or person in charge may require the other person to give the person’s full name and home address.

A person must not fail to comply with a requirement under subsection (1).

Maximum penalty: 5 penalty units.

Any owner, occupier, or person in charge of enclosed land may destroy any goat (other than a goat that is legibly branded or that has around its neck a collar on which the name and address of its owner is legibly engraved) found trespassing on the land.

Dictionary (see s 2)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• ACT

• home address

• land

• person (see s 160).

enclosed lands means any lands, whether public or private, enclosed or surrounded with 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 (for example, a river or cliff) by which the boundaries of those lands may be known or recognised and, if a road is lawfully enclosed with the lands of any person, those lands, but not the road, shall be deemed, for this Act, the enclosed lands of that person.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

road means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way and any land defined, reserved or left as a road in any subdivision of lands.

stock includes horses, cattle, sheep, goats and pigs.