Australian Capital Territory
Enclosed Lands Protection Act 1943     No 5
Republication No 3
Republication date: 17 July 2002
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised 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 17 July 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 12 September 2001.  
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):
•	authorised republications to which the Legislation Act 2001 applies
•	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.  
When preparing the authorised version of this republication amendments were 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
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Enclosed Lands Protection Act 1943

Contents
	Page
	1	Name of Act	2
	3	Definitions for Act	2
	4	Penalty for unlawful entry on enclosed lands	2
	5	Penalty for leaving gate open	3
	6	Requirement to give name etc	3
	7	Owner may destroy goats	4
Endnotes
	1	About the endnotes	5
	2	Abbreviation key	5
	3	Legislation history	6
	4	Amendment history	7
	5	Earlier republications	7

Amendments incorporated to
12 September 2001

Australian Capital Territory
Enclosed Lands Protection Act 1943

An Act relating to protection of enclosed lands from intrusion and trespass

    

1	Name of Act
This Act is the Enclosed Lands Protection Act 1943.
3	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
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, such as 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.
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.
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 shall be deemed 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 persons passing through those lands—the centre of the track shall, for this Act, be deemed 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 shall 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.
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.
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, he or she may require that other person to give his or her full name and residential address.
	(2)	A person shall not fail to comply with a requirement under subsection (1).
Maximum penalty:  5 penalty units.
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.

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.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history
This Act was originally a Commonwealth ordinance—the Enclosed Lands Protection Ordinance 1943 No 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)
4	Amendment history
Repeal of State Act
s 2	om 2001 No 44 amdt 1.1468
Penalty for unlawful entry on enclosed lands 
s 4	am 1966 No 19 sch 1; 1994 No 81 sch
Penalty for leaving gate open
s 5	am 1966 No 19 sch 1; 1994 No 81 sch
Requirement to give name etc
s 6	am 1966 No 19 sch 1; 1985 No 67 sch pt 1
	sub 1989 No 23 s 5
	am 1994 No 81 sch
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.  Except for the footer, 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	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002