Australian Capital Territory
Enclosed Lands Protection Act 1943
A1943-5
Republication No 7
Effective: 14 June 2013
Republication date: 14 June 2013
Last amendment made by A2013-19
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Enclosed Lands Protection Act 1943 (including any amendment
made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 14 June 2013.
It also includes any amendment, repeal or expiry affecting the republished law to 14 June 2013.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced
amendment, the symbol U appears immediately before the provision heading. The text of the
uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for
an individual and $550 for a corporation (see Legislation Act 2001, s 133).
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Enclosed Lands Protection Act 1943
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Enclosed Lands Protection Act 1943
Contents
Page
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Penalty for unlawful entry on enclosed lands 2
5 Penalty for leaving gate open 3
6 Requirement to give name etc 3
7 Owner may destroy goats 4
Dictionary 5
Endnotes
1 About the endnotes 6
2 Abbreviation key 6
3 Legislation history 7
Contents
Page
contents 2 Enclosed Lands Protection Act 1943
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4 Amendment history 9
5 Earlier republications 10
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Australian Capital Territory
Enclosed Lands Protection Act 1943
An Act relating to protection of enclosed lands from intrusion and trespass
Section 1
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1 Name of Act
This Act is the Enclosed Lands Protection Act 1943.
2 Dictionary
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.
Note 2 A definition in the dictionary 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)).
3 Notes
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.
4 Penalty for unlawful entry on enclosed lands
(1) Any person who, without lawful excuse (proof of which lies on the
person), enters into the enclosed land of any other person, without
the consent of the owner or occupier or the person in charge of those
lands, commits an offence.
Maximum penalty: 5 penalty units.
(2) Without limiting the expression lawful excuse in subsection (1), a
drover or person in charge of stock being driven on a road lawfully
enclosed with the lands of any person is taken to have lawful excuse
for entering those lands for the purpose of preventing the stock from
straying or of regaining control of stock that have strayed from that
road.
Section 5
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(3) If a road is lawfully enclosed with the lands of any person and the
road is not clearly defined and—
(a) if there is a reasonably defined track commonly used by people
passing through those lands—the centre of the track is taken,
for this Act, to be the centre of the road; or
(b) if there is no reasonably defined track through the lands—a
person passing through the lands does not commit an offence
against this section unless it is shown that the route taken by
the person in so passing was, having regard to the
circumstances, unreasonable.
5 Penalty for leaving gate open
(1) Any person who enters into or on the enclosed lands of any other
person, and wilfully or negligently leaves any gate open or slip
panel down, commits an offence.
Maximum penalty: 5 penalty units.
(2) Any person who enters into or on any road lawfully enclosed with
the lands of any other person through any gate or slip panel, and
wilfully or negligently leaves that gate open or that slip panel down,
commits an offence.
Maximum penalty: 5 penalty units.
6 Requirement to give name etc
(1) If the owner, occupier or person in charge of enclosed lands believes
on reasonable grounds that another person is committing an offence
against this Act, the owner, occupier or person in charge may
require the other person to give the person’s full name and home
address.
(2) A person must not fail to comply with a requirement under
subsection (1).
Maximum penalty: 5 penalty units.
Section 7
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7 Owner may destroy goats
Any owner, occupier, or person in charge of enclosed land may
destroy any goat (other than a goat that is legibly branded or that has
around its neck a collar on which the name and address of its owner
is legibly engraved) found trespassing on the land.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
ACT
home address
land
person (see s 160).
enclosed lands means any lands, whether public or private, enclosed
or surrounded with 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 (for example, a river or cliff) by which the
boundaries of those lands may be known or recognised and, if a road
is lawfully enclosed with the lands of any person, those lands, but
not the road, shall be deemed, for this Act, the enclosed lands of that
person.
Note An example is part of the Act, is not exhaustive and may extend, but
does not limit, the meaning of the provision in which it appears (see
Legislation Act, s 126 and s 132).
road means any land proclaimed, dedicated, resumed or otherwise
provided as a public thoroughfare or way and any land defined,
reserved or left as a road in any subdivision of lands.
stock includes horses, cattle, sheep, goats and pigs.
Endnotes
1 About the endnotes
page 6 Enclosed Lands Protection Act 1943
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
This Act was originally a Commonwealth ordinance—the Enclosed Lands
Protection Ordinance 1943 A1943-5 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and repeal the
laws. This Act was converted into an ACT enactment on 11 May 1989 (self-
government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,
s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),
s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their
notification day unless otherwise stated (see Australian Capital Territory (Self-
Government) Act 1988 (Cwlth) s 25).
Legislation before becoming Territory enactment
Enclosed Lands Protection Act 1943 A1943-5
notified 4 February 1943 (Cwlth Gaz 1943 No 27)
commenced 4 February 1943 (see Seat of Government
(Administration) Act 1910 (Cwlth), s 12)
as amended by
Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19
sch 1
notified 23 December 1966 (Cwlth Gaz 1966 No 109)
commenced 23 December 1966 (see Seat of Government
(Administration) Act 1910 (Cwlth), s 12)
Magistrates Court Ordinance 1985 Ord1985-67 sch pt 1
notified 19 December 1985 (Cwlth Gaz 1985 No S542)
commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)
Endnotes
3 Legislation history
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Legislation after becoming Territory enactment
Acts Revision (Arrest Without Warrant) Act 1989 A1989-23 s 5
notified 1 December 1989 (Gaz 1989 No S38)
commenced 1 December 1989 (see Australian Capital Territory
(Self Government) Act 1988 (Cwlth), s 25)
Statute Law Revision (Penalties) Act 1994 A1994-81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 128
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 128 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.36
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.36 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.26
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.26 commenced 17 December 2009 (s 2)
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.17
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.17 commenced 1 March 2011 (s 2)
Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.15
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))
sch 3 pt 3.15 commenced 14 June 2013 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Dictionary
s 2 om A2001-44 amdt 1.1468
ins A2007-3 amdt 3.181
Notes
s 3 defs reloc to dict A2007-3 amdt 3.180
sub A2007-3 amdt 3.181
Penalty for unlawful entry on enclosed lands
s 4 am Ord1966-19 sch 1; A1994-81 sch; A2011-3
amdts 3.196-3.198; A2013-19 amdt 3.111
Penalty for leaving gate open
s 5 am Ord1966-19 sch 1; A1994-81 sch; A2013-19 amdt 3.112
Requirement to give name etc
s 6 am Ord1966-19 sch 1; Ord1985-67 sch pt 1
sub A1989-23 s 5
am A1994-81 sch; A2009-49 amdt 3.62; A2011-3 amdt 3.199,
amdt 3.200
Dictionary
dict ins A2007-3 amdt 3.182
am A2009-49 amdt 3.63
def enclosed lands reloc from s 3 A2007-3 amdt 3.180
am A2011-3 amdt 3.201, amdt 3.202
def road reloc from s 3 A2007-3 amdt 3.180
def stock reloc from s 3 A2007-3 amdt 3.180
Endnotes
5 Earlier republications
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications
are marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R0A
23 Feb 1979
23 Dec 1966–
31 Jan 1986
Ord1966-19 amendments by
Ord1966-19
R0A (RI)
23 Sept 2013
23 Dec 1966–
31 Jan 1986
Ord1966-19 reissue of printed
version
R0B
25 Sept 2013
1 Feb 1986–
30 Nov 1989
Ord1985-67 amendments by
Ord1985-67
R1
30 June 1991
1 Dec 1989–
28 Nov 1994
A1989-23 initial republication
since self-
government
R1 (RI)
23 Sept 2013
1 Dec 1989–
28 Nov 1994
A1989-23 reissue of printed
version
R2
31 Jan 1995
29 Nov 1994–
11 Sept 2001
A1994-81 amendments by
A1994-81
R2 (RI)
23 Sept 2013
29 Nov 1994–
11 Sept 2001
A1994-81 reissue of printed
version
R3
17 July 2002
12 Sept 2001–
11 Apr 2007
A2001-44 amendments by
A2001-44
R4
12 Apr 2007
12 Apr 2007–
16 Dec 2009
A2007-3 amendments by
A2007-3
R5
17 Dec 2009
17 Dec 2009–
28 Feb 2011
A2009-49 amendments by
A2009-49
R6
1 Mar 2011
1 Mar 2011–
13 June 2013
A2011-3 amendments by
A2011-3