Unlawful Entry On Inclosed Lands (NSW)

A person can be charged with unlawful entry on inclosed lands based on being on property that is surrounded by a fence, wall, canal, building or other structure that indicates the boundary of the property. The maximum penalty for the entering into inclosed lands, or remaining on them after being requested to leave, is a fine of 10 penalty units if the premises is a prescribed premises and 5 penalty units in any other case.

What is Unlawful Entry on Inclosed Lands?

The offence of Unlawful entry on Inclosed Lands is contained in section 4 of the Inclosed Lands Protection Act 1901 (NSW) which states: 

(1) Any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands, is liable to a penalty not exceeding:

(a) 10 penalty units in the case of prescribed premises, or

(b) 5 penalty units in any other case.

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.

The following acts constitute Unlawful Entry on Inclosed Lands:

• Jumping over a fence to a property;
• Refusing to leave someone’s property after the owner has asked you to do so;
• Entering a venue when you have previously been given a banning notice.

What Must Be Proven?

For a person to be found guilty of Unlawful Entry on Inclosed Lands the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you, without lawful excuse;
• Entered into inclosed lands without the consent of the owner; or
• Remained on those lands after being requested to leave those lands. 

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This is a summary offence which means it will be dealt with in the Local Court of New South Wales. 

Possible Defences to Unlawful Entry on Inclosed Lands

The following defences may be available for an Unlawful Entry on Inclosed Lands charge:

• That you had a lawful excuse;
• You have a claim of right to the land;
• The lands were not inclosed.

Common Questions about Unlawful Entry on Inclosed Lands

Will I receive a criminal conviction?

This offence is a “fine only” offence. This contains the sentencing options available to the Court. If you do receive a fine, this is a criminal conviction and will appear on your criminal record. 

In NSW, a Court can impose any of the following penalties for an Unlawful Entry on Inclosed Lands charge:

• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

Will I go to Gaol?

No. It is not possible to receive a Gaol sentence for this offence. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.