Crown Lands Act 1989 No 6
Current version for 1 November 2014 to date (accessed 1 February 2015 at 08:08)
Part 7Division 5Section 155

155   Offences on public land

(1)  A person shall not, without lawful authority:
(a)  reside on public land,
(b)  erect a structure on public land,
(c)  graze stock on public land,
(d)  drive stock on public land,
(e)  clear, dig up or cultivate public land,
(f)  enclose public land (other than a road or watercourse to which section 63 applies),
(g)  fail to pay any rent due and payable in respect of the enclosure of public land that is a road or watercourse,
(h)  interfere with any substance, whether on or in, or forming part of, public land, or
(i)  deposit or leave on public land:
(i)  any rubbish, litter, refuse, dead animal, filth or other similar matter, or
(ii)  any matter of a prescribed class or description, whether or not of a kind referred to in subparagraph (i),
except in a place or receptacle provided for the purpose.

Maximum penalty: 20 penalty units.

(2)  A person shall not cause to be done anything that is prohibited by subsection (1) (b)–(f), (h) or (i).

Maximum penalty: 20 penalty units.

(3)  In proceedings for an offence under this section, the defendant has the onus of proving lawful authority in relation to the act or omission giving rise to the alleged offence.
(4)  It is a sufficient defence to a prosecution for an offence arising under subsection (1) (e) or (h) if the defendant establishes that the activity with which he or she is charged was carried out in the course of fossicking, as referred to in section 12 (1) of the Mining Act 1992.
Top of page