Charges
Enter inclosed lands without lawful excuse
Inclosed Lands Protection Act 1901 (NSW) s 4
What is the maximum penalty for enter inclosed lands in NSW?
Maximum penalty. A penalty not exceeding 10 penalty units in the case of prescribed premises, or 5 penalty units in any other case. No term of imprisonment is provided for this offence.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This offence is committed by entering inclosed lands without the consent of the owner, occupier or person apparently in charge, or by staying on those lands after being asked by one of those people to leave. The accused carries the burden of proving they had a lawful excuse. A higher maximum applies where the land is prescribed premises, which means land used in connection with a school, child care service, hospital or nursing home.
How it is dealt with
Summary; under s 8 proceedings are to be disposed of summarily by the Local Court or by the Supreme Court in its summary jurisdiction
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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