New South Wales Consolidated Acts

INCLOSED LANDS PROTECTION ACT 1901 - SECT 3

3 Definitions

(1) In this Act--

"agricultural land" means inclosed lands on which any of the following businesses or undertakings are carried on--

(a) a farm, being any business or undertaking for agricultural purposes (including an orchard, market garden, mushroom farm, vineyard, plant nursery or turf farm),

(b) any other business or undertaking in which cattle, poultry, pigs, goats, horses, sheep or other livestock are kept or bred for commercial purposes (for example, a dairy, saleyard or feedlot),

(c) a business or undertaking for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, including abattoirs, knackeries, tanneries, woolscours and rendering plants,

(d) a business or undertaking for forestry (including timber mills) or aquaculture.

"child care service" means any service that is provided by a person for the purpose of educating, minding or caring for one or more children (disregarding any children who are related to the person providing the service), but does not include any such service if the service is--

(a) provided by a person at the premises at which the children reside, or

(b) out-of-home care provided by a designated agency or an authorised carer within the meaning of the Children and Young Persons (Care and Protection) Act 1998 .

"hospital" means any of the following--

(a) a public hospital within the meaning of the Health Services Act 1997 ,

(b) a private health facility within the meaning of the Private Health Facilities Act 2007 .

"Inclosed lands" means--

(a) prescribed premises, or

(b) any land, either public or private, inclosed or surrounded by 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 such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure.

"prescribed premises" means land occupied or used in connection with any of the following--

(a) a government school or a registered non-government school within the meaning of the Education Act 1990 ,

(b) a child care service,

(c) a hospital,

(d) a nursing home within the meaning of the Public Health Act 2010 ,

and any building or structure erected on that land, but does not include all or part of any building or structure that is for the time being occupied or used for a purpose unconnected with the conduct of such a school, child care service, hospital or nursing home.

"Road" means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way or any land defined, reserved or left as a road in any subdivision of lands.

(2) Where a road is lawfully inclosed with the lands of any person, those lands, but not the road, shall be deemed for the purposes of this Act to be the inclosed lands of the person.