Australian Capital Territory Consolidated Acts

ENCLOSED LANDS PROTECTION ACT 1943 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     ACT

              •     home address

              •     land

              •     person.

"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 (for example, 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.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

"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.

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.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Enclosed Lands Protection Ordinance 1943 A1943-5 (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)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.36

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.36 commenced 12 April 2007 (s 2 (1))

Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.26

notified LR 26 November 2009

s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

sch 3 pt 3.26 commenced 17 December 2009 (s 2)

Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.17

notified LR 22 February 2011

s 1, s 2 commenced 22 February 2011 (LA s 75 (1))

sch 3 pt 3.17 commenced 1 March 2011 (s 2)

4     Amendment history

Dictionary
s 2     om 2001 No 44 amdt 1.1468
    ins A2007-3 amdt 3.181

Notes
s 3     defs reloc to dict A2007-3 amdt 3.180
    sub A2007-3 amdt 3.181

Penalty for unlawful entry on enclosed lands
s 4     am 1966 No 19 sch 1; 1994 No 81 sch; A2011-3 amdts 3.196-3.198

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; A2009-49 amdt 3.62; A2011-3 amdt 3.199, amdt 3.200

Dictionary
dict     ins A2007-3 amdt 3.182
    am A2009-49 amdt 3.63
    def enclosed lands reloc from s 3 A2007-3 amdt 3.180
    am A2011-3 amdt 3.201, amdt 3.202
    def road reloc from s 3 A2007-3 amdt 3.180
    def stock reloc from s 3 A2007-3 amdt 3.180

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. 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
3	A2001-44	17 July 2002
4	A2007-3	12 April 2007
5	A2009-49	17 December 2009

© Australian Capital Territory 2011

Australian Capital Territory

A1943-5

Republication No 6

Effective: 1 March 2011

Republication date: 1 March 2011

Last amendment made by A2011-3





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 1 March 2011

. It also includes any amendment, repeal or expiry affecting the republished law to 1 March 2011

.

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.

This republication does not include amendments 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

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Enclosed Lands Protection Act 1943

Endnotes

Australian Capital Territory

Enclosed Lands Protection Act 1943