New South Wales Consolidated Acts

INCLOSED LANDS PROTECTION ACT 1901 - SECT 3

3 Definitions

(1) In this Act:
"child care service" means any service that is provided by a person for the purpose of educating, minding or caring for one or more children (disregarding any children who are related to the person providing the service), but does not include any such service if the service is:

(a) provided by a person at the premises at which the children reside, or

(b) provided by the holder of a fostering authority (within the meaning of the Children (Care and Protection) Act 1987 ) in accordance with the authority.

"hospital" means any of the following:

(a) a public hospital within the meaning of the Health Services Act 1997 ,

(b) a private hospital within the meaning of the Private Hospitals and Day Procedure Centres Act 1988 .

"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 Reform Act 1990 ,

(b) a child care service,

(c) a hospital,

(d) a nursing home within the meaning of the Public Health Act 1991 ,

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.
"Road" means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way or any land defined, reserved or left as a road in any subdivision of lands.

(2) Where a road is lawfully inclosed with the lands of any person, those lands, but not the road, shall be deemed for the purposes of this Act to be the inclosed lands of the person.