Trespass on Territory Land Act 1932

This Act is the Trespass on Territory Land Act 1932.

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, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘vehicle—see the Road Transport (Vehicle Registration) Act 1999, dictionary.’ means that the term ‘vehicle’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) 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.

The director‑general may appoint a public servant as an inspector.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

A police officer is also an inspector.

The Minister may cause to be placed on unleased Territory land or land occupied by the Territory a notice prohibiting trespass on the land.

A person who, without reasonable excuse, trespasses or enters—

unleased Territory land or land occupied by the Territory—

about which any notice is posted on it prohibiting trespass; or

that is in the city area and is delineated on any of the subdivisional plans held by the Territory, and has on it a dwelling house; or

any garden, plantation or afforestation area on unleased Territory land or land occupied by the Territory;

commits an offence.

Maximum penalty: 5 penalty units.

The owner of any animal that is found straying, wandering, or at large on any road or on any unleased land belonging to the Commonwealth commits an offence.

Maximum penalty: 5 penalty units.

For this section the owner of an animal includes—

any person who has the care, custody or control of the animal; and

any person on whose premises the animal is kept or agisted.

Any person who turns loose, or suffers any animal belonging to him or her or under his or her charge to be tethered or depastured, on any road or unleased land belonging to the Commonwealth in the city area commits an offence.

Maximum penalty: 5 penalty units.

Any person who without lawful excuse (proof of which shall lie on him or her) damages any fence commits an offence.

Maximum penalty: 10 penalty units.

A person who, without reasonable excuse, leaves open any gate—

on which the words ‘Shut gate—By order Minister’ or words to the like effect appear; or

that is adjacent to any unleased land belonging to the Commonwealth or any road, thereby permitting or causing any animal to trespass on the land or road;

commits an offence.

Maximum penalty: 5 penalty units.

A person shall not, without reasonable excuse, damage or destroy trees, plant, garden, plantation or afforestation area on unleased Territory land or land occupied by the Territory.

Maximum penalty: 20 penalty units.

In this section:

protected tree—see the Urban Forest Act 2023, section 9.

tree does not include a protected tree.

An inspector other than a police officer or any person authorised in writing by the Minister may, if need be by force and with the assistance that he or she considers necessary—

prevent any person, animal or vehicle from trespassing or going on any land, garden, plantation or afforestation area referred to in section 4 (2) without lawful excuse; and

prevent any person from damaging or destroying any tree, plant, garden, plantation or afforestation area referred to in section 7; and

remove any person found so trespassing or going on any such land.

A public servant authorised in writing by the Minister may, by instrument, certify that land described in the instrument or by reference to a plan on, or annexed to, the instrument—

is unleased Territory land or land occupied by the Territory; and

is within the city area.

In proceedings for an offence against this Act, a document that purports to be an instrument referred to in subsection (1) shall, unless the contrary is proved, be taken to be such an instrument and is evidence of the matters stated in the instrument.