{"id":"a-1943-5","name":"Enclosed Lands Protection Act 1943","slug":"enclosed-lands-protection-act-1943","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"5 of 1943","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23526,"registerId":"act-a-1943-5-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Enclosed Lands Protection Act 1943","content":"Australian Capital Territory\nEnclosed Lands Protection Act 1943\nA1943-5\nRepublication No 7\nEffective: 14 June 2013\nRepublication date: 14 June 2013\nLast amendment made by A2013-19\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Enclosed Lands Protection Act 1943 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 14 June 2013.\nIt also includes any amendment, repeal or expiry affecting the republished law to 14 June 2013.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an uncommenced\namendment, the symbol U appears immediately before the provision heading. The text of the\nuncommenced provision or amendment appears only in the last endnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $110 for\nan individual and $550 for a corporation (see Legislation Act 2001, s 133).\n\nR7\n14/06/13\nEnclosed Lands Protection Act 1943\nEffective: 14/06/13\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEnclosed Lands Protection Act 1943\nContents\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Penalty for unlawful entry on enclosed lands 2\n5 Penalty for leaving gate open 3\n6 Requirement to give name etc 3\n7 Owner may destroy goats 4\nDictionary 5\nEndnotes\n1 About the endnotes 6\n2 Abbreviation key 6\n3 Legislation history 7\n\nContents\nPage\ncontents 2 Enclosed Lands Protection Act 1943\nEffective: 14/06/13\nR7\n14/06/13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history 9\n5 Earlier republications 10\n\nR7\n14/06/13\nEnclosed Lands Protection Act 1943\nEffective: 14/06/13\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEnclosed Lands Protection Act 1943\nAn Act relating to protection of enclosed lands from intrusion and trespass\n\nSection 1\npage 2 Enclosed Lands Protection Act 1943\nEffective: 14/06/13\nR7\n14/06/13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Enclosed Lands Protection Act 1943.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n4 Penalty for unlawful entry on enclosed lands\n(1) Any person who, without lawful excuse (proof of which lies on the\nperson), enters into the enclosed land of any other person, without\nthe consent of the owner or occupier or the person in charge of those\nlands, commits an offence.\nMaximum penalty: 5 penalty units.\n(2) Without limiting the expression lawful excuse in subsection (1), a\ndrover or person in charge of stock being driven on a road lawfully\nenclosed with the lands of any person is taken to have lawful excuse\nfor entering those lands for the purpose of preventing the stock from\nstraying or of regaining control of stock that have strayed from that\nroad.\n\nSection 5\nR7\n14/06/13\nEnclosed Lands Protection Act 1943\nEffective: 14/06/13\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If a road is lawfully enclosed with the lands of any person and the\nroad is not clearly defined and—\n(a) if there is a reasonably defined track commonly used by people\npassing through those lands—the centre of the track is taken,\nfor this Act, to be the centre of the road; or\n(b) if there is no reasonably defined track through the lands—a\nperson passing through the lands does not commit an offence\nagainst this section unless it is shown that the route taken by\nthe person in so passing was, having regard to the\ncircumstances, unreasonable.\n5 Penalty for leaving gate open\n(1) Any person who enters into or on the enclosed lands of any other\nperson, and wilfully or negligently leaves any gate open or slip\npanel down, commits an offence.\nMaximum penalty: 5 penalty units.\n(2) Any person who enters into or on any road lawfully enclosed with\nthe lands of any other person through any gate or slip panel, and\nwilfully or negligently leaves that gate open or that slip panel down,\ncommits an offence.\nMaximum penalty: 5 penalty units.\n6 Requirement to give name etc\n(1) If the owner, occupier or person in charge of enclosed lands believes\non reasonable grounds that another person is committing an offence\nagainst this Act, the owner, occupier or person in charge may\nrequire the other person to give the person’s full name and home\naddress.\n(2) A person must not fail to comply with a requirement under\nsubsection (1).\nMaximum penalty: 5 penalty units.\n\nSection 7\npage 4 Enclosed Lands Protection Act 1943\nEffective: 14/06/13\nR7\n14/06/13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Owner may destroy goats\nAny owner, occupier, or person in charge of enclosed land may\ndestroy any goat (other than a goat that is legibly branded or that has\naround its neck a collar on which the name and address of its owner\nis legibly engraved) found trespassing on the land.\n\nDictionary\nR7\n14/06/13\nEnclosed Lands Protection Act 1943\nEffective: 14/06/13\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n ACT\n home address\n land\n person (see s 160).\nenclosed lands means any lands, whether public or private, enclosed\nor surrounded with any fence, wall or other erection, or partly by a\nfence, wall or other erection, and partly by a canal or by some\nnatural feature (for example, a river or cliff) by which the\nboundaries of those lands may be known or recognised and, if a road\nis lawfully enclosed with the lands of any person, those lands, but\nnot the road, shall be deemed, for this Act, the enclosed lands of that\nperson.\nNote An example is part of the Act, is not exhaustive and may extend, but\ndoes not limit, the meaning of the provision in which it appears (see\nLegislation Act, s 126 and s 132).\nroad means any land proclaimed, dedicated, resumed or otherwise\nprovided as a public thoroughfare or way and any land defined,\nreserved or left as a road in any subdivision of lands.\nstock includes horses, cattle, sheep, goats and pigs.\n\nEndnotes\n1 About the endnotes\npage 6 Enclosed Lands Protection Act 1943\nEffective: 14/06/13\nR7\n14/06/13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR7\n14/06/13\nEnclosed Lands Protection Act 1943\nEffective: 14/06/13\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Enclosed Lands\nProtection Ordinance 1943 A1943-5 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),\ns 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory (Self-\nGovernment) Act 1988 (Cwlth) s 25).\nLegislation before becoming Territory enactment\nEnclosed Lands Protection Act 1943 A1943-5\nnotified 4 February 1943 (Cwlth Gaz 1943 No 27)\ncommenced 4 February 1943 (see Seat of Government\n(Administration) Act 1910 (Cwlth), s 12)\nas amended by\nOrdinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19\nsch 1\nnotified 23 December 1966 (Cwlth Gaz 1966 No 109)\ncommenced 23 December 1966 (see Seat of Government\n(Administration) Act 1910 (Cwlth), s 12)\nMagistrates Court Ordinance 1985 Ord1985-67 sch pt 1\nnotified 19 December 1985 (Cwlth Gaz 1985 No S542)\ncommenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)\n\nEndnotes\n3 Legislation history\npage 8 Enclosed Lands Protection Act 1943\nEffective: 14/06/13\nR7\n14/06/13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation after becoming Territory enactment\nActs Revision (Arrest Without Warrant) Act 1989 A1989-23 s 5\nnotified 1 December 1989 (Gaz 1989 No S38)\ncommenced 1 December 1989 (see Australian Capital Territory\n(Self Government) Act 1988 (Cwlth), s 25)\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 128\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 128 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.36\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.36 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.26\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.26 commenced 17 December 2009 (s 2)\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.17\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.17 commenced 1 March 2011 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.15\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.15 commenced 14 June 2013 (s 2)\n\nEndnotes\nAmendment history 4\nR7\n14/06/13\nEnclosed Lands Protection Act 1943\nEffective: 14/06/13\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nDictionary\ns 2 om A2001-44 amdt 1.1468\nins A2007-3 amdt 3.181\nNotes\ns 3 defs reloc to dict A2007-3 amdt 3.180\nsub A2007-3 amdt 3.181\nPenalty for unlawful entry on enclosed lands\ns 4 am Ord1966-19 sch 1; A1994-81 sch; A2011-3\namdts 3.196-3.198; A2013-19 amdt 3.111\nPenalty for leaving gate open\ns 5 am Ord1966-19 sch 1; A1994-81 sch; A2013-19 amdt 3.112\nRequirement to give name etc\ns 6 am Ord1966-19 sch 1; Ord1985-67 sch pt 1\nsub A1989-23 s 5\nam A1994-81 sch; A2009-49 amdt 3.62; A2011-3 amdt 3.199,\namdt 3.200\nDictionary\ndict ins A2007-3 amdt 3.182\nam A2009-49 amdt 3.63\ndef enclosed lands reloc from s 3 A2007-3 amdt 3.180\nam A2011-3 amdt 3.201, amdt 3.202\ndef road reloc from s 3 A2007-3 amdt 3.180\ndef stock reloc from s 3 A2007-3 amdt 3.180\n\nEndnotes\n5 Earlier republications\npage 10 Enclosed Lands Protection Act 1943\nEffective: 14/06/13\nR7\n14/06/13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR0A\n23 Feb 1979\n23 Dec 1966–\n31 Jan 1986\nOrd1966-19 amendments by\nOrd1966-19\nR0A (RI)\n23 Sept 2013\n23 Dec 1966–\n31 Jan 1986\nOrd1966-19 reissue of printed\nversion\nR0B\n25 Sept 2013\n1 Feb 1986–\n30 Nov 1989\nOrd1985-67 amendments by\nOrd1985-67\nR1\n30 June 1991\n1 Dec 1989–\n28 Nov 1994\nA1989-23 initial republication\nsince self-\ngovernment\nR1 (RI)\n23 Sept 2013\n1 Dec 1989–\n28 Nov 1994\nA1989-23 reissue of printed\nversion\nR2\n31 Jan 1995\n29 Nov 1994–\n11 Sept 2001\nA1994-81 amendments by\nA1994-81\nR2 (RI)\n23 Sept 2013\n29 Nov 1994–\n11 Sept 2001\nA1994-81 reissue of printed\nversion\nR3\n17 July 2002\n12 Sept 2001–\n11 Apr 2007\nA2001-44 amendments by\nA2001-44\nR4\n12 Apr 2007\n12 Apr 2007–\n16 Dec 2009\nA2007-3 amendments by\nA2007-3\nR5\n17 Dec 2009\n17 Dec 2009–\n28 Feb 2011\nA2009-49 amendments by\nA2009-49\nR6\n1 Mar 2011\n1 Mar 2011–\n13 June 2013\nA2011-3 amendments by\nA2011-3\n\n© Australian Capital Territory 2013","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of protecting enclosed lands from trespass and managing livestock-related issues. While it has been updated over 70 years (converted from Commonwealth ordinance to ACT Act, penalty units updated, dictionary added), the core scope has not expanded beyond trespass prevention, gate management, and goat control."},"complexity_factors":["Only 7 substantive sections (ss 1-7)","3 defined terms in the dictionary (enclosed lands, road, stock)","Minimal cross-referencing (only references to Legislation Act for standard definitions)","Simple conditional logic with clear exceptions in section 4(2) and (3)","No nested exceptions or complex procedural requirements","Straightforward penalty structure (5 penalty units for all offences)","Short total length (approximately 10 pages including endnotes)"],"plain_english_summary":"This law protects fenced-off land in the ACT from trespassers and wandering animals. It makes it an offence to enter someone else's enclosed land without permission, with a maximum fine of 5 penalty units (about $550 for an individual). There are exceptions for people driving livestock who need to enter the land to prevent animals from straying off a road. The law also penalises people who leave gates open or slip panels down (5 penalty units), and requires suspected trespassers to give their name and address when asked by the landowner. Finally, it allows landowners to destroy unbranded goats found trespassing on their property."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The statute has retained its original, narrow purpose — protecting enclosed lands from intrusion and dealing with trespassing stock — since 1943. Amendments recorded in the history are drafting, penalty-unit alignment and minor modernising changes (relocation of definitions, penalty-statement updates). There is no substantive expansion of subject-matter or major new regulatory regimes added to the Act; the core offences (unauthorised entry, leaving gates open, refusal to identify, and destruction of unbranded goats) remain the same (see ss 4–7 and the Dictionary)."},"complexity_factors":["Very short Act: 7 substantive sections plus a short dictionary","Only 3 Act-specific defined terms in the dictionary (enclosed lands, road, stock)","Limited cross-references to the Legislation Act for general definitions and penalty-unit mechanics","Simple, discrete offences with uniform maximum penalties (5 penalty units) and few exceptions","A single on-the-spot discretionary power (destroy goats) with no nested exceptions or procedural conditions"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Makes it an offence to enter another person’s \"enclosed lands\" without permission unless the entrant has a lawful excuse (maximum penalty: 5 penalty units) (s 4).\n- Gives a specific lawful-excuse rule for people driving stock on a road that is lawfully enclosed with private land: they may enter those enclosed lands to stop stock straying or to regain control of stray stock (s 4(2)).\n- Provides rules for how a \"road\" adjoining enclosed land is treated when its boundary is unclear: if there is a commonly used track, the centre of that track is taken as the centre of the road; if there is no track, entry is an offence only if the route taken was unreasonable in the circumstances (s 4(3)).\n- Creates an offence for entering another person’s enclosed land and wilfully or negligently leaving a gate open or a slip panel down (maximum penalty: 5 penalty units) (s 5). The same offence applies to entering a road lawfully enclosed with someone’s land through a gate or slip panel and leaving it open/down (s 5(2)).\n- Allows an owner, occupier or person in charge of enclosed land who reasonably suspects someone is committing an offence under the Act to require that person to give their full name and home address; failure to comply is an offence (maximum 5 penalty units) (s 6).\n- Permits an owner, occupier or person in charge of enclosed land to destroy any goat found trespassing on the land, unless the goat is legibly branded or wears a collar showing the owner’s name and address (s 7).\n- Defines key terms used in the Act: \"enclosed lands\", \"road\" and \"stock\" (dict). The Act’s penalties are expressed in penalty units (value set under the Act that fixes penalty-unit amounts).\n\nWho this affects\n\n- Landowners, occupiers and people who control land that is fenced, walled or otherwise bounded (the persons who enforce the rules and can require names or destroy unbranded goats) (s 2 dict; ss 6–7).\n- People who enter land in the ACT (visitors, walkers, contractors, drovers, stock handlers). The Act criminalises unauthorised entry to enclosed lands and certain conduct after entry (ss 4–5).\n- People who drive or are in charge of stock on a road adjoining enclosed land: they have a limited, statutory excuse to enter adjoining enclosed land to prevent or recover stray stock (s 4(2)).\n\nWhy it matters (purpose statements and practical effects)\n\n- The Act’s written purpose is to protect enclosed lands from intrusion and trespass; the mechanical effect is to create low-level criminal offences (entry without consent, leaving gates open, refusing to identify oneself) and to give land controllers clear powers (require identity, destroy unbranded goats) (long title; ss 4–7).\n\nPractical costs, incentives and implementation points to watch\n\n- Who pays: people who unlawfully enter or fail to comply with an identification request risk fines (the offender pays). Owners/occupiers may exercise the power to kill unbranded trespassing goats; the owner of the goat bears the loss if the animal is unbranded/un-collared (s 7).\n- Who decides: private landowners/occupiers/persons in charge make immediate decisions at the scene (e.g. require name, destroy a goat). Courts (and police) decide guilt and impose fines where prosecutions follow (ss 6–7; penalty provisions).\n- Burden on individuals: visitors must take care to avoid entering enclosed lands without consent and must not leave gates open; they also must comply with identity requests where reasonable grounds exist (ss 4–6). Proof of a lawful excuse rests on the person who entered (s 4(1)).\n- Enforcement/discretion risks: the Act gives on-the-spot authority to private land controllers (including to destroy goats). Those powers are lightly regulated in the text — there is no express administrative process, compensation scheme, or detailed procedural safeguard in the Act itself for decisions such as destroying animals (s 7).\n- Animal-welfare/compensation interaction: the Act allows destruction of goats lacking branding or identification; it does not set out compensation or require verification procedures. Any animal-welfare or compensation obligations would come from other law or practice, not this Act (s 7).\n- Interaction with movement of stock: the statutory excuse for drovers limits criminal exposure when handling stray stock (s 4(2)), reducing the legal risk of temporarily entering adjoining enclosed land to recover stock; it does not, however, create a general right to remain on enclosed land for other purposes.\n- Impact on businesses and competition: the Act targets individual behaviour on land rather than business regulation. It can affect enterprises that rely on access to enclosed land (e.g. contractors, recreational businesses) by criminalising unauthorised entry; the costs are compliance-related (avoiding trespass) rather than structural market regulation.\n- Compliance burden and litigation risk: modest. The offences are summary in nature with a low maximum fine (5 penalty units). The main risks are for individuals unfamiliar with property boundaries, and for landholders who act under the Act (e.g. destroying goats) and may face dispute or civil claims from animal owners.\n\nTrade-offs and opportunity costs\n\n- The Act contracts public enforcement by delegating immediate enforcement choices to private land controllers (they can require names and destroy unbranded goats). That lowers the need for constant police presence but places decision costs and potential legal exposure on owners/occupiers (ss 6–7).\n- There is a concentrated benefit (owners/occupiers gain straightforward tools to protect stock and infrastructure) and distributed cost (public must take care when crossing or using land; possible disputes over destroyed animals). The Act does not set up a compensation or registration mechanism for animals that could reduce disputes.\n\nWhere to look in the Act for the rules cited above: sections 4–7 and the Dictionary (definitions of \"enclosed lands\", \"road\", and \"stock\")."}},"importantCases":[],"_links":{"self":"/api/acts/enclosed-lands-protection-act-1943","history":"/api/acts/enclosed-lands-protection-act-1943/history","analysis":"/api/acts/enclosed-lands-protection-act-1943/analysis","conflicts":"/api/acts/enclosed-lands-protection-act-1943/conflicts","importantCases":"/api/acts/enclosed-lands-protection-act-1943/important-cases","documents":"/api/acts/enclosed-lands-protection-act-1943/documents"}}