Penalty for unlawful entry on enclosed lands
4 Penalty for unlawful entry on enclosed lands
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.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.