{"id":"nsw:act-1901-033","name":"Inclosed Lands Protection Act 1901","slug":"inclosed-lands-protection-act-1901","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"33 of 1901","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113029,"registerId":"nsw-act-1901-033-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Inclosed Lands Protection Act 1901](/view/html/inforce/current/act-1901-033).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":null,"content":"#### 2\n\n2 (Repealed)","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > agricultural land means inclosed lands on which any of the following businesses or undertakings are carried on—\n> > \n> > > (a) a farm, being any business or undertaking for agricultural purposes (including an orchard, market garden, mushroom farm, vineyard, plant nursery or turf farm),\n> > \n> > > (b) any other business or undertaking in which cattle, poultry, pigs, goats, horses, sheep or other livestock are kept or bred for commercial purposes (for example, a dairy, saleyard or feedlot),\n> > \n> > > (c) a business or undertaking for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, including abattoirs, knackeries, tanneries, woolscours and rendering plants,\n> > \n> > > (d) a business or undertaking for forestry (including timber mills) or aquaculture.\n> > \n> > child care service means any service that is provided by a person for the purpose of educating, minding or caring for one or more children (disregarding any children who are related to the person providing the service), but does not include any such service if the service is—\n> > \n> > > (a) provided by a person at the premises at which the children reside, or\n> > \n> > > (b) out-of-home care provided by a designated agency or an authorised carer within the meaning of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> > \n> > hospital means any of the following—\n> > \n> > > (a) a public hospital within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154),\n> > \n> > > (b) a private health facility within the meaning of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009).\n> > \n> > Inclosed lands means—\n> > \n> > > (a) prescribed premises, or\n> > \n> > > (b) any land, either public or private, inclosed or surrounded by 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 such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure.\n> > \n> > prescribed premises means land occupied or used in connection with any of the following—\n> > \n> > > (a) a government school or a registered non-government school within the meaning of the [Education Act 1990](/view/html/inforce/current/act-1990-008),\n> > \n> > > (b) a child care service,\n> > \n> > > (c) a hospital,\n> > \n> > > (d) a nursing home within the meaning of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127),\n> > \n> > and any building or structure erected on that land, but does not include all or part of any building or structure that is for the time being occupied or used for a purpose unconnected with the conduct of such a school, child care service, hospital or nursing home.\n> > \n> > Road means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way or any land defined, reserved or left as a road in any subdivision of lands.\n> \n> > (2) Where a road is lawfully inclosed with the lands of any person, those lands, but not the road, shall be deemed for the purposes of this Act to be the inclosed lands of the person.\n> \n> **s 3:** Am 1939 No 9, sec 2 (a); 1979 No 73, sec 3 (a); 1987 No 63, Sch 2; 1997 No 97, Sch 1 \\[1\\]–\\[3\\]; 1998 No 158, Sch 2.17; 1999 No 31, Sch 3.10; 2001 No 121, Sch 2.124 \\[1\\]; 2004 No 87, Sch 6.8; 2007 No 9, Sch 5.15; 2010 No 127, Sch 4.12; 2017 No 63, Sch 4.23; 2019 No 15, Sch 2\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Unlawful entry on inclosed lands","content":"#### 4 Unlawful entry on inclosed lands\n\n4 Unlawful entry on inclosed lands\n\n> > (1) Any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands, is liable to a penalty not exceeding—\n> > \n> > > (a) 10 penalty units in the case of prescribed premises, or\n> > \n> > > (b) 5 penalty units in any other case.\n> \n> > (1A) A drover or person in charge of stock being driven on a road lawfully inclosed within the lands of any person has a lawful excuse for entering those lands for the purpose of preventing the stock from straying, or regaining control of stock that have strayed, from that road.\n> \n> > (2) Where a road is lawfully inclosed with the lands of any person, and such road is not clearly defined but there is a reasonably defined track commonly used by persons passing through such lands, the centre of such track shall, for the purposes of this Act, be deemed to be the centre of the road.\n> \n> > (3) Where a road is lawfully inclosed with the lands of any person and such road is not clearly defined and there is no reasonably defined track through such lands a person passing through such inclosed lands shall not be guilty of an offence unless it is shown that the route taken by such person in so passing was, having regard to the circumstances, unreasonable.\n> \n> > (4) In this section, stock includes horses, cattle, sheep, goats, pigs and camels.\n> \n> **s 4:** Am 1939 No 9, sec 2 (b); 1964 No 14, sec 2 (a); 1979 No 73, sec 3 (b); 1987 No 39, Sch 1 (1); 1989 No 199, Sch 1 (1); 1993 No 47, Sch 1; 1997 No 97, Sch 1 \\[4\\] \\[5\\].","sortOrder":4},{"sectionNumber":"4AA","sectionType":"section","heading":"Unlawful re-entry on inclosed lands","content":"#### 4AA Unlawful re-entry on inclosed lands\n\n4AA Unlawful re-entry on inclosed lands\n\n> > (1) A person who, without reasonable excuse, knowingly enters an event venue during an organised event in contravention of a re-entry prohibition given to the person is guilty of an offence.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) A re-entry prohibition is a direction given by a responsible authority for an organised event, after a person has been directed to leave the organised event, that directs the person—\n> > \n> > > (a) not to re-enter the event venue during the organised event, or\n> > \n> > > (b) not to enter any specified event venue during an organised event for which the responsible authority is the responsible authority,\n> > \n> > or both.\n> \n> > (3) A re-entry prohibition may be given orally in person or in writing.\n> \n> > (4) The responsible authority must, at the time of giving the re-entry prohibition—\n> > \n> > > (a) specify the event venue or venues, and organised event or events, to which the re-entry prohibition applies, and\n> > \n> > > (b) specify the duration of the re-entry prohibition, and\n> > \n> > > (c) state the reason why the re-entry prohibition is being given, and\n> > \n> > > (d) warn the person subject to the re-entry prohibition that it is an offence to contravene the re-entry prohibition.\n> \n> > (5) Proof of reasonable excuse under this section lies on the person charged with the offence.\n> \n> > (6) If a person who enters an event venue in contravention of a re-entry prohibition is also prohibited or banned from entering the event venue under another Act or law, the person cannot be found guilty of both an offence under this Act and an offence under the other Act or law in respect of the same conduct.\n> \n> > (7) In this section—\n> > \n> > event organiser in relation to an organised event means the person in charge or apparently in charge of the organised event and who has the power to admit persons to or exclude persons from attending the organised event.\n> > \n> > event venue means that part of inclosed lands used for an organised event to which right of entry is conferred by a ticket, membership or similar arrangement.\n> > \n> > organised event means—\n> > \n> > > (a) an organised sporting event, and includes any performance, ceremony or formalities conducted in conjunction with the event, or\n> > \n> > > (b) an organised public exhibition, fair, convention, performance, ceremony, festival or similar event, or\n> > \n> > > (c) an event of a kind prescribed by the regulations.\n> > \n> > responsible authority for an organised event means—\n> > \n> > > (a) the owner, occupier or person apparently in charge of the event venue used or to be used for the organised event, or\n> > \n> > > (b) the event organiser.\n> \n> **s 4AA:** Ins 2014 No 59, Sch 1.9.","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"Offensive conduct while on inclosed lands","content":"#### 4A Offensive conduct while on inclosed lands\n\n4A Offensive conduct while on inclosed lands\n\n> > (1) Any person, who remains upon the inclosed lands of another person after being requested by the owner or occupier or the person apparently in charge of those lands to leave those lands and while remaining upon those lands conducts himself or herself in such a manner as would be regarded by reasonable persons as being, in all the circumstances, offensive, is liable to a penalty not exceeding—\n> > \n> > > (a) 20 penalty units in the case of prescribed premises, or\n> > \n> > > (b) 10 penalty units in any other case.\n> \n> > (2) It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.\n> \n> **s 4A:** Ins 1979 No 73, sec 3 (c). Am 1983 No 188, Sch 1; 1987 No 39, Sch 1 (2); 1989 No 199, Sch 1 (2); 1993 No 47, Sch 1; 1997 No 97, Sch 1 \\[6\\].","sortOrder":6},{"sectionNumber":"4B","sectionType":"section","heading":"Aggravated unlawful entry on inclosed lands","content":"#### 4B Aggravated unlawful entry on inclosed lands\n\n4B Aggravated unlawful entry on inclosed lands\n\n> > (1) A person is guilty of an offence under this section if the person commits an offence under section 4 in relation to inclosed lands on which any business or undertaking is conducted and, while on those lands—\n> > \n> > > (a) interferes with, or attempts or intends to interfere with, the conduct of the business or undertaking, or\n> > \n> > > (b) does anything that gives rise to a serious risk to the safety of the person or any other person on those lands, or\n> > \n> > > (c) introduces or increases a risk of a biosecurity impact (within the meaning of the [Biosecurity Act 2015](/view/html/inforce/current/act-2015-024)) for those inclosed lands, or\n> > \n> > > (d) intends to commit on those inclosed lands an offence under any of the following provisions—\n> > > \n> > > > (i) section 126, 503, 505 or 506 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > > \n> > > > (ii) section 16 of the [Game and Feral Animal Control Act 2002](/view/html/inforce/current/act-2002-064),\n> > > \n> > > > (iii) section 28J of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025), or\n> > \n> > > (e) without reasonable excuse, possesses, places or uses any net, trap, snare, poison, explosive, ammunition, knife, hunting device or hunting equipment, or\n> > \n> > > (f) without reasonable excuse, possesses or discharges a firearm (within the meaning of the [Firearms Act 1996](/view/html/inforce/current/act-1996-046)) or a prohibited weapon (within the meaning of the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127)), or\n> > \n> > > (g) is accompanied by a dog of a breed ordinarily used for hunting, or\n> > \n> > > (h) damages property on agricultural land, or\n> > \n> > > (i) wilfully or negligently releases any livestock.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an offence that occurs on agricultural land—\n> > > \n> > > > (i) 120 penalty units or imprisonment for 12 months, or both, or\n> > > \n> > > > (ii) 200 penalty units or imprisonment for 3 years, or both if—\n> > > > \n> > > > > (A) the offender was accompanied by 2 or more persons when the offence occurred, or\n> > > > \n> > > > > (B) the aggravating circumstances were those set out in subsection (1)(b), or\n> > \n> > > (b) for an offence that occurs on land other than agricultural land—50 penalty units.\n> \n> > (2) If, on the trial of a person for an offence under this section, the court is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 4, the court may find the accused not guilty of the offence charged but guilty of an offence under section 4, and the accused is liable to punishment accordingly.\n> \n> > (3) Proof of reasonable excuse under this section lies on the person charged with the offence.\n> \n> **s 4B:** Ins 2016 No 7, Sch 1. Am 2017 No 62, Sch 1.4 \\[1\\] \\[2\\]; 2019 No 15, Sch 2\\[2\\] \\[3\\].","sortOrder":7},{"sectionNumber":"4C","sectionType":"section","heading":"Direct, incite, counsel, procure, commission or induce aggravated unlawful entry","content":"#### 4C Direct, incite, counsel, procure, commission or induce aggravated unlawful entry\n\n4C Direct, incite, counsel, procure, commission or induce aggravated unlawful entry\n\n> A person must not direct, incite, counsel, procure, commission or induce the commission, on agricultural land, of an offence against section 4B.\n> \n> Maximum penalty—100 penalty units or imprisonment for 12 months, or both.\n> \n> **s 4C:** Ins 2019 No 15, Sch 2\\[4\\].","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Leaving gate open","content":"#### 5 Leaving gate open\n\n5 Leaving gate open\n\n> > (1) A person who enters into or upon the inclosed lands of any other person and wilfully or negligently leaves open, removes or disables a gate is guilty of an offence.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (2) A person who enters into or upon any road lawfully inclosed within the lands of any other person through a gate (not being a public gate within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033)) and wilfully or negligently leaves open, removes or disables the gate is guilty of an offence.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (3) In this section—\n> > \n> > gate includes a cattle grid or any moveable thing used to inclose land including a slip panel or moveable fence.\n> \n> **s 5:** Am 1939 No 9, sec 2 (c); 1964 No 14, sec 2 (b); 1987 No 39, Sch 1 (3); 1989 No 199, Sch 1 (3); 1993 No 33, Sch 1; 1993 No 47, Sch 1. Subst 2019 No 15, Sch 2\\[5\\].","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Offender may be apprehended","content":"#### 6 Offender may be apprehended\n\n6 Offender may be apprehended\n\n> > (1) Any person found committing any offence against this Act, and who refuses, when required to do so, to give his or her name and place of abode, may be apprehended by the owner, occupier, or person in charge of the inclosed lands upon or in relation to which the offence was committed, and delivered to the custody of the nearest constable to be taken before a Judge of the Local Court or an authorised officer within the meaning of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) to be dealt with according to law.\n> \n> > (2) Any person who, upon being so required to give his or her name and place of abode, gives any false name or place of abode, shall be liable to a penalty not exceeding 0.5 penalty unit.\n> \n> **s 6:** Am 1964 No 14, sec 2 (c); 1993 No 47, Sch 1; 2001 No 121, Sch 2.124 \\[2\\].","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Owner may destroy goats","content":"#### 7 Owner may destroy goats\n\n7 Owner may destroy goats\n\n> > (1) Any owner, occupier, or person in charge of inclosed land may destroy any goat found trespassing thereon.\n> \n> > (2) Subsection (1) does not authorise the destruction of any goat that—\n> > \n> > > (a) is legibly branded, or\n> > \n> > > (b) has around its neck a collar with the name and address of its owner legibly engraved on it, or\n> > \n> > > (c) has an ear mark, or\n> > \n> > > (d) is wearing an ear tag.\n> \n> **s 7:** Am 1939 No 9, sec 2 (d); 2002 No 33, Sch 2 \\[1\\].","sortOrder":11},{"sectionNumber":"7A","sectionType":"section","heading":"Act does not prevent permitted union activities or industrial action","content":"#### 7A Act does not prevent permitted union activities or industrial action\n\n7A Act does not prevent permitted union activities or industrial action\n\n> > (1) Nothing in this Act makes it an offence for a person (including a representative of an industrial organisation) to enter or remain on inclosed land for the purposes of activities permitted under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) or the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (2) In this section—\n> > \n> > industrial organisation means—\n> > \n> > > (a) an industrial organisation of employees, or the State peak council for employees, within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), or\n> > \n> > > (b) an employee organisation, or a peak council of employee organisations, within the meaning of the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 7A:** Ins 2019 No 15, Sch 2\\[6\\].","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Proceedings for offences","content":"#### 8 Proceedings for offences\n\n8 Proceedings for offences\n\n> > (1) Proceedings for an offence against this Act or the regulations are to be disposed of summarily—\n> > \n> > > (a) by the Local Court, or\n> > \n> > > (b) by the Supreme Court in its summary jurisdiction.\n> \n> > (2) The maximum term of imprisonment that the Local Court may impose for an offence against this Act or the regulations is 2 years or the maximum term of imprisonment provided by law for the offence, whichever is the shorter term.\n> \n> **s 8:** Am 2001 No 121, Sch 2.124 \\[3\\]; 2007 No 94, Sch 2. Subst 2019 No 15, Sch 2\\[7\\].","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Limitation of civil action","content":"#### 9 Limitation of civil action\n\n9 Limitation of civil action\n\n> Any civil action against any person for anything done in pursuance of this Act shall be commenced within two months after the fact was committed, and notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action.\n> \n> **s 9:** Am 1970 No 52, Second Sch; 1973 No 9, Sch 2; 2009 No 27, Sch 1.7 \\[2\\].","sortOrder":14},{"sectionNumber":"9A","sectionType":"section","heading":"Particulars to be furnished","content":"#### 9A Particulars to be furnished\n\n9A Particulars to be furnished\n\n> > (1) If a defendant charged with an offence under this Act—\n> > \n> > > (a) has requested the informant to furnish to the defendant reasonable particulars of the behaviour or conduct the subject of the charge, and\n> > \n> > > (b) the informant, or some person on his or her behalf, has not so furnished those particulars,\n> > \n> > the court before which the defendant is charged is to adjourn the charge pending the furnishing of those particulars or may dismiss the charge.\n> \n> > (2) If, at the hearing of a charge for an offence referred to in subsection (1)—\n> > \n> > > (a) the evidence discloses behaviour or conduct that constitutes such an offence, and\n> > \n> > > (b) that behaviour or conduct is different from the behaviour or conduct of which particulars have been given to the defendant under subsection (1),\n> > \n> > the court may, on the application of the defendant and if it is of the opinion that the defendant was deceived by those particulars, adjourn the hearing on such terms as it thinks fit.\n> \n> **s 9A:** Ins 2009 No 27, Sch 1.7 \\[3\\].","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Penalty notices","content":"#### 10 Penalty notices\n\n10 Penalty notices\n\n> > (1) A police officer may issue a penalty notice to a person if it appears to the police officer that the person has committed an offence against this Act.\n> \n> > (2) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note.\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (3) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (4) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> **s 10:** Ins 2002 No 33, Sch 2 \\[2\\]. Subst 2017 No 22, Sch 3.37.","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Regulations","content":"#### 11 Regulations\n\n11 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> **s 11:** Ins 2002 No 33, Sch 2 \\[2\\]. Am 2025 No 61, Sch 2.50.\n> \n> **Sch:** Rep 2009 No 27, Sch 1.7 \\[4\\].","sortOrder":17},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n**sch 1:** Ins 2009 No 27, Sch 1.7 \\[4\\].","sortOrder":18},{"sectionNumber":"Part 1","sectionType":"part","heading":"General","content":"# Part 1 General\n\nPart 1 General","sortOrder":19},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provisions consequent on enactment of Criminal Legislation Amendment Act 2009","content":"# Part 2 Provisions consequent on enactment of Criminal Legislation Amendment Act 2009\n\nPart 2 Provisions consequent on enactment of [Criminal Legislation Amendment Act 2009](/view/html/repealed/current/act-2009-027)","sortOrder":21}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Enacted in 1901 primarily to deter basic trespass on rural enclosed land and manage stray stock and goats, the Act has expanded well beyond its original rural focus. Amendments since 1979 (especially 1997, 2016, 2017 and 2019 No 15) have incorporated urban institutions as 'prescribed premises', introduced event-specific re-entry bans, created aggravated farm offences targeting protest activity, biosecurity and hunting, added incitement offences, and carved out explicit union/industrial action exemptions. This has transformed it from a simple property-trespass statute into a broader tool addressing agricultural activism, public-order at events and biosecurity."},"complexity_factors":["Nested and expansive definitions (agricultural land with four sub-categories, prescribed premises cross-referencing four other Acts, inclosed lands including natural features)","Tiered offences with base (s 4), aggravated (s 4B with nine distinct aggravating circumstances), re-entry (s 4AA), offensive conduct (s 4A) and incitement (s 4C) provisions","Frequent cross-references to at least ten other statutes including Crimes Act 1900 ss 126/503/505/506, Biosecurity Act 2015, Fair Work Act 2009, Industrial Relations Act 1996 and Firearms Act 1996","Multiple defences, reverse onus provisions (proof of reasonable/lawful excuse lies on the defendant) and savings/transitional clauses","Layered exceptions for roads, stock movement, union activities and alternative charging pathways (s 4B(2))"],"plain_english_summary":"**The Inclosed Lands Protection Act 1901** protects land that is fenced, walled, or naturally enclosed (called 'inclosed lands') from trespassers. It makes it illegal to enter such land without the owner's or occupier's permission, or to stay after being told to leave. \n\nHigher fines apply to sensitive places like schools, child care centres, hospitals and nursing homes (called 'prescribed premises'). The law also bans offensive behaviour after being asked to leave, leaving gates open, and interfering with farms or causing biosecurity risks. Owners can destroy unmarked goats found trespassing. \n\nSpecial rules protect roads that run through private property and allow stock drovers to enter to control animals. It includes defences for union activities and industrial action permitted under workplace laws. The Act aims to balance landowners' rights with limited public access, while targeting modern problems like protests that disrupt agriculture or events. It matters because it lets police and landowners quickly deal with trespass while setting clear penalties and exceptions so everyday activities aren't accidentally criminalised."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act was originally passed in 1901 to protect rural and agricultural landowners from trespassers in a colonial NSW context. Over more than a century of amendments — particularly updates in 2009, 2017, 2019, and 2026 — its scope has evolved significantly. Modern amendments have been used to address urban trespass, protest activity on private land (including farm trespass laws targeting animal rights activists), and access to semi-public privately owned spaces. The law now reaches well beyond its original rural/agricultural intent."},"complexity_factors":["The document provided is metadata and navigation content only — the actual substantive provisions of the Act are not included, limiting full analysis","The Act has been amended at least 15 times since 1999, creating a layered legislative history that requires tracking changes across versions","Tension between property rights and civil liberties (e.g., protest rights) adds interpretive complexity in application","The concept of 'inclosed lands' requires legal definition to determine what land is actually covered","Application to semi-public spaces (e.g., shopping centres) raises nuanced questions about when the Act applies"],"plain_english_summary":"## Inclosed Lands Protection Act 1901 (NSW)\n\n**What is this?**\nThis is a very old NSW law — originally passed in 1901 — that protects the rights of landowners and occupiers over **enclosed (fenced or bounded) land**. In plain terms, it makes it a criminal offence to **trespass** on privately enclosed land without permission.\n\n**Who does it affect?**\n- **Property owners and occupiers**: Gives them legal backing to keep unwanted people off their land.\n- **Members of the public**: If you enter enclosed private land without permission, you could be committing an offence under this Act.\n- **Protesters and activists**: This law has been used (and debated) in the context of people entering farming properties, mines, or other private sites to protest — so if you're an activist, this law is very relevant to you.\n- **Businesses on private land** (e.g., shopping centres, sports venues): The Act can apply to privately owned spaces that are open to the public, meaning owners can lawfully remove or exclude people in certain circumstances.\n\n**What does it actually do?**\n- Makes it an offence to **enter or remain on enclosed lands** without lawful authority or the consent of the owner/occupier.\n- Gives landowners and police the power to **direct trespassers to leave**.\n- Has been updated multiple times over more than 120 years to keep pace with modern issues (most recently in March 2026).\n\n**Why does it matter to you?**\n- If you're a **farmer or property owner**, this law helps protect your land from unwanted intruders.\n- If you're a **protester or activist**, entering a farm, factory, or other enclosed private property — even for a peaceful demonstration — could result in criminal charges under this Act.\n- If you're **asked to leave** a privately owned but publicly accessible space (like a shopping centre), this Act may be the legal basis for that request — and ignoring it could get you into trouble.\n\n**Note:** This is a NSW-specific law. Other Australian states have their own equivalent trespass legislation."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended from a basic trespass offence to a multi-tiered offence and enforcement regime by later insertions and amendments. Notable additions set out in the text include: a re-entry prohibition and offence for organised events (s 4AA; inserted 2014), an aggravated unlawful-entry offence with higher penalties and biosecurity and safety-related aggravators (s 4B; inserted 2016 and amended 2017), a provision criminalising the direction or incitement of aggravated unlawful entry on agricultural land (s 4C; inserted 2019), and an express carve-out preserving permitted union activities and industrial action (s 7A; inserted 2019). Procedural and enforcement modernisations (penalty notices, s 10; particulars regime, s 9A; regulation-making power, s 11) have also been introduced over time. Transitional clauses in Schedule 1 (Part 2) preserve earlier limitation rules for offences committed before particular amendments (Sch 1, ss 3–4). These amendments expand the Act’s subject-matter (aggravated conduct and event re-entry controls), increase available penalties for certain conduct, and add procedural and enforcement mechanisms."},"complexity_factors":["Multiple layered offences with different maximum penalties (ss 4, 4A, 4B, 4AA, 4C, 5)","Statutory burdens of proof placed on the defendant for lawful/reasonable excuse (s 4(1); s 4B(3); s 4AA(5))","Extensive cross-references to other statutes for definitions and aggravated conduct (s 3; s 4B(1)(c))","Distinction between types of inclosed land (prescribed premises, agricultural land, other inclosed lands) affecting penalty levels (s 3; ss 4, 4B)","Mixture of private enforcement powers (owners may apprehend; s 6) and public enforcement options (police penalty notices; s 10), plus regulatory delegation (s 11)","Transitional and savings provisions affecting applicability of amendments to offences committed before certain amendments (Schedule 1, Part 2; ss 3–4 of Sch 1)","Procedural protections and requirements (particulars, adjournment/dismissal rules in s 9A) that affect how charges proceed"],"plain_english_summary":"What this law does, in plain terms\n\n- Mechanically, the Act makes it an offence to enter or remain on \"inclosed lands\" without the owner/occupier's consent and creates a range of related offences and enforcement tools. Key behaviour rules and penalties are:\n  - Unauthorised entry on inclosed lands is an offence with maximum penalties of 10 penalty units for \"prescribed premises\" (places like schools, child care services, hospitals — see s 3) and 5 penalty units for other inclosed lands (s 4(1)). Proof that the entrant had a lawful excuse lies on the entrant (s 4(1)).\n  - A specific offence of re-entering an event venue during an organised event where a valid re-entry prohibition has been given, punishable up to 10 penalty units; the person or body that is the \"responsible authority\" must specify the venue, duration and reason when giving the prohibition (s 4AA(1)–(6)).\n  - Remaining on inclosed land after being told to leave and behaving in a way that would be regarded as offensive by reasonable persons is a separate offence with higher penalties (up to 20 or 10 penalty units depending on the premises) and a statutory allowance for the defendant to show a reasonable excuse (s 4A).\n  - An aggravated unlawful-entry offence applies when an entry under s 4 happens on land where a business or undertaking operates and certain aggravating acts occur (for example interfering with the business, creating a serious safety risk, introducing or raising a biosecurity risk, possession or use of weapons, damaging property or releasing livestock). Penalties for aggravated offences are substantially higher on agricultural land (up to 120 or, in specified circumstances, 200 penalty units or up to 3 years imprisonment) and lower on non-agricultural land (up to 50 penalty units) (s 4B(1)).\n  - It is an offence to direct, incite or procure others to commit the aggravated unlawful-entry offence on agricultural land, with a separate maximum penalty (s 4C).\n  - There are specific offences for actions such as leaving gates open (maximum 15 penalty units) (s 5), and an owner/occupier may destroy a trespassing goat except where the goat is clearly identifiable by brand, tag, collar or earmark (s 7).\n\nWho decides and who enforces\n\n- The owner, occupier, or person apparently in charge of the inclosed land can ask people to leave and may, in certain circumstances, apprehend someone found committing an offence and hand them to police (s 6(1)). That private apprehension must be delivered to the nearest constable for further legal process (s 6(1)).\n- Police may issue penalty notices for offences under the Act; penalty notices are governed by the Fines Act 1996 and may specify an amount up to the maximum court-ordered penalty (s 10(1)–(3)).\n- Courts (Local Court or Supreme Court in its summary jurisdiction) deal with proceedings summarily; the Local Court’s maximum imprisonment term is capped at 2 years (s 8(1)–(2)).\n- The Governor may make regulations to carry the Act into effect (s 11).\n\nHow the text frames its protective aims (stated purpose-claims) and the mechanisms that deliver them\n\n- The statutory scheme is organised to protect the rights of owners/occupiers to control entry to inclosed land and to protect certain commercial activities and prescribed premises. The Act operationalises that protection through criminal offences (ss 4, 4A, 4B), authorised private enforcement (s 6), police-issued penalty notices (s 10) and regulatory power (s 11).\n\nCosts, incentives, trade-offs and practical implementation points (mechanisms, not judgments)\n\n- Who pays: persons who enter or remain without consent risk criminal penalties (ss 4, 4A, 4B, 4AA, 4C, 5) or payment under a penalty notice (s 10). Owners/occupiers who apprehend must deliver offenders to police (s 6(1)). A person sued for actions taken in reliance on the Act faces a limited civil window: any civil action must be started within two months and notice given at least one month beforehand (s 9).\n\n- Incentives and private decision points: the Act gives private occupiers powers to exclude and, in some cases, to apprehend (s 6), and to destroy stray goats subject to identification exceptions (s 7). Those powers create incentives for property controllers to use exclusion and, where relevant, to employ re-entry prohibitions at events (s 4AA). Organisers or persons in charge who give re-entry prohibitions must specify the venue(s), duration and reason and warn the person that contravening is an offence (s 4AA(4)), creating a compliance obligation on responsible authorities.\n\n- Burdens on defendants and evidentiary rules: for several offences the statute places the burden on the accused to prove a lawful or reasonable excuse (s 4(1); s 4B(3); s 4AA(5) places proof of reasonable excuse on the person charged). That shifts evidential dynamics in prosecutions.\n\n- Discretion and administrative risk: the Governor’s regulation-making power allows detail and procedural rules to be prescribed later (s 11). Police discretion is engaged through penalty notices (s 10). Private persons and event organisers also have discretion to exclude, to give re-entry prohibitions, and to decide whether to apprehend (ss 4AA, 6(1)). Those delegated and private decisions determine much of the Act’s on-the-ground effect.\n\n- Interactions with other laws and definitional dependencies: the Act’s definitions reference numerous other statutes (for example, definitions for \"prescribed premises\" and the aggravated offences’ reference to the Biosecurity Act 2015) so enforcement and scope depend on those other laws (s 3; s 4B(1)(c)). The Act also expressly preserves legal activities permitted under industrial-relations law: it does not make permitted union activities or industrial action an offence under this Act (s 7A).\n\n- Compliance and procedural protections for defendants: courts must furnish particulars in certain circumstances and may adjourn or dismiss charges if particulars are not supplied (s 9A). Penalty notices provide a non-court disposal route under the Fines Act (s 10(2)–(3)).\n\nNet effect (mechanical): the Act creates a tiered criminal regime to protect control of inclosed lands, includes enhanced protection for agricultural and business premises (with higher penalties where interference or biosecurity risks are involved), supplies private enforcement powers and police-administered penalty notices, and leaves rule-making and detail to regulation (ss 4, 4B, 4AA, 4C, 6, 10, 11). The Act also contains procedural provisions governing prosecutions (ss 8, 9A) and a brief civil-action limitation (s 9)."}},"importantCases":[],"_links":{"self":"/api/acts/inclosed-lands-protection-act-1901","history":"/api/acts/inclosed-lands-protection-act-1901/history","analysis":"/api/acts/inclosed-lands-protection-act-1901/analysis","conflicts":"/api/acts/inclosed-lands-protection-act-1901/conflicts","importantCases":"/api/acts/inclosed-lands-protection-act-1901/important-cases","documents":"/api/acts/inclosed-lands-protection-act-1901/documents"}}