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LAND ACT 1958 - SECT 193 Rights of licensee and lessee against trespassers

LAND ACT 1958 - SECT 193

Rights of licensee and lessee against trespassers

The lessee and his assigns of a selection purchase allotment and the licensee and his assigns of an agricultural or grazing allotment within the meaning of the Land Act 1901 and the person or persons in whom the interest or any part thereof of any such lessee or licensee may at any time under this Part become vested and the purchaser of any land under any Act in force before the commencement of this Act shall have—

        (a)     all rights as against persons trespassing with any cattle or swine (but not against other mere trespassers) which at law belong to the owner in possession of any land as against trespassers thereon except the right of impounding such cattle or swine; and

S. 193(b) amended by No. 96/1994 s. 33(j).

        (b)     the said last-mentioned right when and so soon as the selection purchase allotment or agricultural or grazing allotment within the meaning of the Land Act 1901 or such part of the selection purchase allotment or agricultural or grazing allotment or of any land purchased under any Act heretofore in force as may be trespassed upon is enclosed either alone or with any adjoining land in the occupation of the same person with a substantial fence but not before.

No. 3709 s. 157.

S. 194 amended by Nos 7228 s. 7(Sch. 4 Pt 19(la)), 7876 s. 2(3), 16/1986 s. 30, 57/1989 s. 3(Sch. item 109.4(a)(b)).