PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 48B
PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 48B
48B—Trespassers on pastoral land the subject of an ILUA
(1) If—
(a) a
person trespasses on pastoral land the subject of an ILUA; and
(b) the
nature of the trespass is such as to interfere with the enjoyment of the land
by the lessee or the native title group; and
(c) the
trespasser is asked by an authorised person to leave the land,
the trespasser is, if he or she fails to leave the land forthwith or again
trespasses on the land within 24 hours of being asked to leave, guilty of an
offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) A person who
trespasses on pastoral land the subject of an ILUA must, if asked to do so by
an authorised person, give his or her name and address to the
authorised person.
Maximum penalty: $1 250.
(3) An
authorised person, on asking a trespasser to leave pastoral land the subject
of an ILUA or to give a name and address, must, if the trespasser so requests,
inform the trespasser of—
(a) the
authorised person's name and address; and
(b) the
capacity in which the person is an authorised person under this section.
"authorised person" means—
(a) the
lessee of pastoral land the subject of the ILUA; or
(b) the
native title group in relation to pastoral land the subject of the ILUA; or
(c) an
employee of the lessee or other person acting on the authority of the lessee;
or
(d) a
person acting on the written authority of the native title group;
"pastoral land" includes a building or structure.
(5) In proceedings for
an offence against this section, an allegation in the complaint that a person
named in the complaint was on a specified date an authorised person in
relation to specified pastoral land will be accepted, in the absence of proof
to the contrary, as proof of the authorisation.
(6) For the purposes
of subsection (4)(d), a "native title group does not include a person who
would not, but for the operation of
paragraph (c) of the definition of "native title group" in
section 3(1), be included in the definition of "native title group .