In New South Wales, entering certain types of land without permission can constitute a criminal offence under the Inclosed Lands Protection Act 1901. This legislation is designed to protect property owners and occupiers by penalising individuals who trespass onto land that is ‘inclosed’ or otherwise protected. Offenders may face significant fines and, in some instances, a criminal conviction.

What Is Inclosed Land?

Under NSW law, ‘inclosed lands’ refers to land surrounded by a physical barrier such as a:

• Fence
• Wall
• Gate
• Natural boundary (e.g. cliffs or rivers)

The term also includes certain prescribed premises, which are defined in the legislation to include:

• Schools
• Hospitals
• Electricity infrastructure
• Public facilities

What Constitutes Unlawful Entry?

A person may be charged with unlawful entry on inclosed lands in two main situations:

Entry Without Permission

It is an offence to enter inclosed land without the consent of the owner, occupier, or person in charge of the property. This includes crossing over fences, walls, or clearly marked boundaries.

Refusing to Leave

Even if a person lawfully enters the property initially, refusing to leave after being asked by someone in authority can also constitute an offence.

Penalties for Unlawful Entry

Fines

Unlawful entry can result in fines, which may increase depending on the type of property involved:

• Standard inclosed lands: fines
• Prescribed premises: higher fines apply

Court Proceedings

If the police issue a Court Attendance Notice (CAN):

• The individual must attend court
• A fine can be imposed
• A criminal conviction may be recorded

Examples of Unlawful Entry

• Ignoring a ‘No Trespassers’ sign and entering private property
• Climbing onto a residential balcony without permission
• Refusing to leave a hospital or clinic after being asked to vacate by staff or security

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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