New South Wales Consolidated Acts

INCLOSED LANDS PROTECTION ACT 1901 - SECT 4B

4B Aggravated unlawful entry on inclosed lands

(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--

(a) interferes with, or attempts or intends to interfere with, the conduct of the business or undertaking, or

(b) does anything that gives rise to a serious risk to the safety of the person or any other person on those lands, or

(c) introduces or increases a risk of a biosecurity impact (within the meaning of the Biosecurity Act 2015 ) for those inclosed lands, or

(d) intends to commit on those inclosed lands an offence under any of the following provisions--

(i) section 126, 503, 505 or 506 of the Crimes Act 1900 ,

(ii) section 16 of the Game and Feral Animal Control Act 2002 ,

(iii) section 28J of the Summary Offences Act 1988 , or

(e) without reasonable excuse, possesses, places or uses any net, trap, snare, poison, explosive, ammunition, knife, hunting device or hunting equipment, or

(f) without reasonable excuse, possesses or discharges a firearm (within the meaning of the Firearms Act 1996 ) or a prohibited weapon (within the meaning of the Weapons Prohibition Act 1998 ), or

(g) is accompanied by a dog of a breed ordinarily used for hunting, or

(h) damages property on agricultural land, or

(i) wilfully or negligently releases any livestock.

: Maximum penalty--

(a) for an offence that occurs on agricultural land--

(i) 120 penalty units or imprisonment for 12 months, or both, or

(ii) 200 penalty units or imprisonment for 3 years, or both if--

(A) the offender was accompanied by 2 or more persons when the offence occurred, or

(B) the aggravating circumstances were those set out in subsection (1)(b), or

(b) for an offence that occurs on land other than agricultural land--50 penalty units.

(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.

(3) Proof of reasonable excuse under this section lies on the person charged with the offence.