Australian Capital Territory Current Acts

PUBLIC UNLEASED LAND ACT 2013 - SECT 43

    (1)     A person commits an offence if the person—

        (a)     uses public unleased land; and

        (b)     does not hold a public unleased land permit authorising the use.

Maximum penalty: 20 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     This section does not apply to a person if the person—

        (a)     holds a work approval or sign approval for the public unleased land; and

        (b)     uses the public unleased land in accordance with the approval.

    (4)     This section does not apply to a person if the person—

        (a)     holds a licence under the—

              (i)     Planning Act 2023

, section 378 (Decision on licence applications for unleased land), to occupy or use the public unleased land; or

              (ii)     Nature Conservation Act 2014

, section 262 (What is a nature conservation licence ?), authorising the person to carry on an activity on the land; and

        (b)     occupies or uses the public unleased land in accordance with the licence.

    (5)     This section does not apply to a person carrying out an activity in a reserve if—

        (a)     an activities declaration under the Nature Conservation Act 2014

is in force for the reserve, providing that the activity may be carried out in the reserve if stated directions or requirements are complied with; and

        (b)     the person complies with the stated directions or requirements.

    (6)     This section does not apply to a person—

        (a)     if the person carries on business as a hawker for not more than 30 minutes at a time in a single location; and

        (b)     if each location at which the person carries on business as a hawker is at least 180m away from commercial premises that sells similar goods or services to the goods or services available from the person carrying on business as a hawker.