Northern Territory Consolidated Acts

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PASTORAL LAND ACT 1992 - SECT 80

Public access not to be obstructed

    (1)     A person commits an offence if:

        (a)     the person intentionally places an obstruction; and

        (b)     the obstruction is across an access route and the person is reckless as to that circumstance; and

        (c)     the person does not have lawful authority to place the obstruction across that route.

Maximum penalty:     40 penalty units.

    (2)     Strict liability applies to subsection (1)(c).

    (3)     Where pastoral land over which there is an access route is fenced and there is no gate or grid in or other means of passage through or over the fence at the point at which reasonable access to the route can be had, the Minister must erect a suitable gate or grid, or other means of passage, in, through or over the fence at that point.

    (4)     A person commits an offence if:

        (a)     the person intentionally erects a fence; and

        (b)     the fence is across an access route and the person is reckless as to that circumstance; and

        (c)     the person fails to provide a suitable gate, grid or other means of passage in, through or over the fence at its intersection with the route so that access to the route can be had.

Maximum penalty:     40 penalty units.

    (5)     Strict liability applies to subsection (4)(c).

    (6)     Subject to section 82, a person commits an offence if:

        (a)     the person intentionally locks a gate; and

        (b)     the gate passes over an access route.

Maximum penalty:     40 penalty units.

    (7)     Strict liability applies to subsection (6)(b).

    (8)     In this section:

"access route "means a route nominated or indicated under section 79(2) or (3).

"obstruction" does not include a fence.



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