1
Name of regulation
1 Name of regulation
1 Name of regulation
This regulation is the Inclosed Lands Protection Regulation 2023.
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New South Wales regulation
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).
It 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.
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Direct links to the current provisions in Inclosed Lands Protection Regulation 2023.
1 Name of regulation
This regulation is the Inclosed Lands Protection Regulation 2023.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Inclosed Lands Protection Regulation 2018, which would otherwise be repealed on 1 September 2023 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this regulation—
the Act means the Inclosed Lands Protection Act 1901.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Penalty notice offences
(1) For the Act, section 10(3)—
(a) each offence created by a provision specified in this section is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
(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—
(a) that limited kind of offence, or
(b) an offence committed in those limited circumstances.
| Provision | Penalty | | Offences under the Act | | Section 4(1)—for prescribed premises | $550 | | Section 4(1)—otherwise | $350 | | Section 4A(1) | $250 | | Section 5(1) and (2) | $350 |
s 4: Am 2024 (118), Sch 1.
5 Repeal and savings
(1) The Inclosed Lands Protection Regulation 2018 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Inclosed Lands Protection Regulation 2018, had effect under that regulation continues to have effect under this regulation.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of regulation
This regulation is the Inclosed Lands Protection Regulation 2023.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Inclosed Lands Protection Regulation 2018, which would otherwise be repealed on 1 September 2023 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this regulation—
the Act means the Inclosed Lands Protection Act 1901.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Penalty notice offences
(1) For the Act, section 10(3)—
(a) each offence created by a provision specified in this section is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
(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—
(a) that limited kind of offence, or
(b) an offence committed in those limited circumstances.
| Provision | Penalty | | Offences under the Act | | Section 4(1)—for prescribed premises | $550 | | Section 4(1)—otherwise | $350 | | Section 4A(1) | $250 | | Section 5(1) and (2) | $350 |
s 4: Am 2024 (118), Sch 1.
5 Repeal and savings
(1) The Inclosed Lands Protection Regulation 2018 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Inclosed Lands Protection Regulation 2018, had effect under that regulation continues to have effect under this regulation.