Trespass—land used for primary production
50A Trespass—land used for primary production
In this section unless inconsistent with the context or subject-matter primary production means farming agricultural horticultural viticultural pastoral or grazing operation and without affecting the generality of the foregoing provisions includes dairy farming poultry farming and bee farming operations.
The provisions of this section shall apply only within such districts as are specified by proclamation made under this section.
S. 50A(3) amended by No. 12/1989 s. 4(1)(Sch. 2 item 115.9).
Upon the application of the municipal council the Governor in Council may by proclamation published in the Government Gazette—
S. 50A(3)(a) amended by No. 12/1989 s. 4(1)(Sch. 2 item 115.10).
declare the municipal district of the municipal council or any part thereof to be a district to which this section applies; and
revoke or vary any such proclamation.
The Governor in Council may by proclamation published in the Government Gazette—
S. 50A(4)(a) amended by No. 12/1989 s. 4(1)(Sch. 2 item 115.11).
declare an area that is not part of a municipal district to be an area to which this section applies; and
revoke or vary any such proclamation.
S. 50A(5) amended by No. 9554 s. 2(2)(Sch. 2 item 338).
Any person who within any district specified by proclamation made under this section and during the fire danger period within the meaning of the Country Fire Authority Act 1958 engages in or enters with the intention of ferreting on any land which is used in connexion with primary production without the consent, express or implied, of the occupier of that land or of some person apparently authorized to act on behalf of such occupier shall be guilty of an offence against this section and liable for a first offence to a penalty of not more than 1 penalty unit and for a second or subsequent offence to a penalty of not more than 5 penalty units.
S. 50A(6) amended by No. 68/2009 s. 97(Sch. item 115.13).
It shall be a defence to a prosecution for an offence against subsection (5) if the accused satisfies the court that he did not actually engage in ferreting on that land but was approaching the residence of the occupier of the land along a defined or customary path for the purpose of applying for such consent.
Upon any proceedings for an offence against this section the burden of proving the consent of the occupier of any land concerned or of any person apparently authorized to act on behalf of such occupier shall be upon the person charged.
Nothing in this section shall in any way limit or abridge any other civil or criminal proceeding in relation to any such trespass.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.