ENCLOSED LANDS PROTECTION ACT 1943 - TABLE OF PROVISIONS 1. Name of Act 2. Dictionary 3. Notes 4. Penalty for unlawful entry on enclosed lands 5. Penalty for leaving gate open 6. Requirement to give name etc 7. Owner may destroy goats DICTIONARY ENDNOTES ENCLOSED LANDS PROTECTION ACT 1943 - LONG TITLE An Act relating to protection of enclosed lands from intrusion and trespass ENCLOSED LANDS PROTECTION ACT 1943 - SECT 1 Name of Act This Act is the Enclosed Lands Protection Act 1943. ENCLOSED LANDS PROTECTION ACT 1943 - SECT 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)). ENCLOSED LANDS PROTECTION ACT 1943 - SECT 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. ENCLOSED LANDS PROTECTION ACT 1943 - SECT 4 Penalty for unlawful entry on enclosed lands (1) Any person who, without lawful excuse (proof of which shall lie 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. (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. ENCLOSED LANDS PROTECTION ACT 1943 - SECT 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 (other than a public gate as defined in the Public Gates Act 1901 (NSW) in its application to the ACT) or slip panel, and wilfully or negligently leaves that gate open or that slip panel down, commits an offence. Maximum penalty: 5 penalty units. ENCLOSED LANDS PROTECTION ACT 1943 - SECT 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. ENCLOSED LANDS PROTECTION ACT 1943 - SECT 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. ENCLOSED LANDS PROTECTION ACT 1943 - NOTES Dictionary 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: o ACT o home address o land o person. "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. ENCLOSED LANDS PROTECTION ACT 1943 - NOTES Endnotes 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 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 No 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 No 5 notified 4 February 1943 commenced 4 February 1943 as amended by Ordinances Revision (Decimal Currency) Ordinance 1966 No 19 sch 1 notified 23 December 1966 commenced 23 December 1966 Magistrates Court Ordinance 1985 No 67 sch pt 1 notified 19 December 1985 commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3) Legislation after becoming Territory enactment Acts Revision (Arrest Without Warrant) Act 1989 No 23 s 5 notified 1 December 1989 (Gaz 1989 No S38) commenced 1 December 1989 Statute Law Revision (Penalties) Act 1994 No 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 No 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) 4 Amendment history Dictionarys 2 om 2001 No 44 amdt 1.1468 ins A2007-3 amdt 3.181 Notess 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 1966 No 19 sch 1; 1994 No 81 sch; A2011-3 amdts 3.196-3.198 Penalty for leaving gate opens 5 am 1966 No 19 sch 1; 1994 No 81 sch Requirement to give name etcs 6 am 1966 No 19 sch 1; 1985 No 67 sch pt 1 sub 1989 No 23 s 5 am 1994 No 81 sch; A2009-49 amdt 3.62; A2011-3 amdt 3.199, amdt 3.200 Dictionarydict 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 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 Amendments to Republication date 1 Ord 1985 No 67 30 June 1991 2 Act 1994 No 81 31 January 1995 3 A2001-44 17 July 2002 4 A2007-3 12 April 2007 5 A2009-49 17 December 2009 (c) Australian Capital Territory 2011 ENCLOSED LANDS PROTECTION ACT 1943 - NOTES Australian Capital Territory A1943-5 Republication No 6 Effective: 1 March 2011 Republication date: 1 March 2011 Last amendment made by A2011-3Unauthorised version prepared by ACT Parliamentary Counsel's Office 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 1 March 2011 . It also includes any amendment, repeal or expiry affecting the republished law to 1 March 2011 . 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): o authorised republications to which the Legislation Act 2001 applies o 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 does not include 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). Australian Capital Territory Enclosed Lands Protection Act 1943 Endnotes Australian Capital Territory Enclosed Lands Protection Act 1943