{"id":"nsw:sl-2023-0400","name":"Inclosed Lands Protection Regulation 2023","slug":"inclosed-lands-protection-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"400 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175883,"registerId":"nsw-nsw:sl-2023-0400-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Inclosed Lands Protection Regulation 2023](/view/html/inforce/current/sl-2023-0400).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Inclosed Lands Protection Regulation 2018](/view/html/repealed/current/sl-2018-0425), which would otherwise be repealed on 1 September 2023 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Inclosed Lands Protection Act 1901](/view/html/inforce/current/act-1901-033).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Penalty notice offences","content":"#### 4 Penalty notice offences\n\n4 Penalty notice offences\n\n> > (1) For the Act, section 10(3)—\n> > \n> > > (a) each offence created by a provision specified in this section is an offence for which a penalty notice may be issued, and\n> > \n> > > (b) the amount payable for the penalty notice is the amount specified opposite the provision.\n> \n> > (2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—\n> > \n> > > (a) that limited kind of offence, or\n> > \n> > > (b) an offence committed in those limited circumstances.\n> \n> | Provision | Penalty |\n> | Offences under the Act |\n> | Section 4(1)—for prescribed premises | $550 |\n> | Section 4(1)—otherwise | $350 |\n> | Section 4A(1) | $250 |\n> | Section 5(1) and (2) | $350 |\n> \n> **s 4:** Am 2024 (118), Sch 1.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Inclosed Lands Protection Regulation 2018](/view/html/repealed/current/sl-2018-0425) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Inclosed Lands Protection Regulation 2018](/view/html/repealed/current/sl-2018-0425), had effect under that regulation continues to have effect under this regulation.","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains the same narrow scope as its predecessor – prescribing penalty notice amounts for existing offences under the Inclosed Lands Protection Act 1901. The 2023 version is a straightforward re-enactment with updated penalty amounts, not an expansion of regulatory scope."},"complexity_factors":["Extremely short – only 5 sections","Single substantive provision (section 4) containing a simple table of offences and penalties","Only 1 defined term ('the Act')","No nested exceptions or conditional logic beyond basic qualification in section 4(2)","Standard commencement, repeal and savings provisions with no unusual mechanics","Straightforward replacement of previous regulation without structural changes"],"plain_english_summary":"**What this legislation does:**\n\nThis is a NSW regulation that sets out the rules for issuing **penalty notices** (on-the-spot fines) for trespassing and related offences on enclosed land.\n\n**Who it affects:**\n\n- **Landowners and occupiers** – it helps them protect their property from unauthorised entry\n- **Members of the public** – anyone who enters enclosed land without permission or refuses to leave when asked\n- **Police and authorised officers** – who can issue fines instead of taking people to court\n\n**Key details:**\n\nThe regulation specifies exactly how much people must pay if they receive a fine for:\n\n- **Entering prescribed premises** (specific types of protected land) without a lawful excuse: **$550**\n- **Entering other enclosed land** without a lawful excuse: **$350**\n- **Entering land with a firearm or dangerous weapon** without permission: **$250**\n- **Refusing to leave when asked** or **hindering someone from entering/leaving**: **$350**\n\n**Why it matters:**\n\nThis regulation makes enforcement practical. Without it, every trespass case would need to go to court. The penalty notice system allows for quick resolution of minor offences while still maintaining serious consequences for trespass on sensitive properties (like schools, hospitals, or critical infrastructure).\n\nThe regulation also ensures continuity – any actions taken under the old 2018 rules remain valid under these new rules."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation repeals and replaces the 2018 instrument but expressly preserves existing effects (s 5), and confines its operative change to listing penalty-notice offences and fixed penalty amounts under the Act (s 4). No expansion of subject-matter beyond the Act’s penalty-notice framework is apparent from the text (see ss 2,4,5)."},"complexity_factors":["Short, self-contained instrument with few operative clauses (ss 1–5).","Cross-references to the Inclosed Lands Protection Act 1901 and the Interpretation Act 1987 (s 3 and notes) require looking to primary legislation for issuer powers and definitions.","Multiple, specific penalty amounts and a qualification for offences on ‘prescribed premises’ create a small tiered penalty structure (s 4 and table).","Condition limiting issuance of a penalty notice to particular kinds/circumstances of offence adds an interpretive step (s 4(2)).","Repeal-and-savings clause maintains continuity with the 2018 regulation, requiring comparison of old and new texts for any practical differences (s 5).","Amendment annotation for s 4 (Am 2024 (118), Sch 1) signals legislative change history to check for recent updates."],"plain_english_summary":"This regulation replaces the 2018 Inclosed Lands Protection Regulation, takes effect on publication and preserves existing legal effects (ss 2,5). It identifies which offences under the Inclosed Lands Protection Act may be dealt with by penalty notice and sets fixed penalty amounts for those offences (s 4).  \n\nIt applies to people who commit the listed offences (who must pay the specified fines rather than face prosecution) and to the Act’s penalty-notice scheme operators who may issue those notices."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation changed from its original intent. The 2024 amendment (12 April 2024) appears to be a routine update rather than a substantive expansion or contraction of the regulation's coverage. The regulation continues to operate within the boundaries established by its parent Act."},"complexity_factors":["Only administrative metadata was available — the substantive legal provisions were absent from the provided text, preventing full complexity assessment","Regulations of this type typically involve cross-referencing with the parent Act (Inclosed Lands Protection Act), adding interpretive layers","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds an administrative complexity dimension","Two point-in-time versions exist, meaning readers must identify which version applies to their circumstances","NSW-specific trespass law can intersect with Commonwealth law and common law rights of entry, creating potential complexity in practice"],"plain_english_summary":"The Inclosed Lands Protection Regulation 2023 (NSW) sets out detailed rules supporting the Inclosed Lands Protection Act, governing entry, exclusion, and enforcement on fenced or bounded private and certain public land. It affects landowners and occupiers, members of the public, police/enforcement officers, and businesses operating on enclosed premises.\n\nOnly the regulation’s administrative metadata was provided (not the substantive clauses). It commenced 21 July 2023, updated 12 April 2024, and is due to sunset on 1 September 2028."}},"importantCases":[],"_links":{"self":"/api/acts/inclosed-lands-protection-regulation-2023","history":"/api/acts/inclosed-lands-protection-regulation-2023/history","analysis":"/api/acts/inclosed-lands-protection-regulation-2023/analysis","conflicts":"/api/acts/inclosed-lands-protection-regulation-2023/conflicts","importantCases":"/api/acts/inclosed-lands-protection-regulation-2023/important-cases","documents":"/api/acts/inclosed-lands-protection-regulation-2023/documents"}}