Victorian Consolidated Legislation

Summary Offences Act 1966 - SECT 50A

Trespass-land used for primary production

50A. Trespass-land used for primary production



(1) In this section unless inconsistent with the context or subject-matter
primary production means farming agricultural horticultural viticultural
pastoral or grazing operation and without affecting the generality of the
foregoing provisions includes dairy farming poultry farming and bee farming
operations.

(2) The provisions of this section shall apply only within such districts as
are specified by proclamation made under this section.

(3) Upon the application of the municipal council the Governor in Council may
by proclamation published in the Government Gazette-



   (a)  declare the municipal district of the municipal council or any part
        thereof to be a district to which this section applies; and



   (b)  revoke or vary any such proclamation.

(4) The Governor in Council may by proclamation published in the Government
Gazette-

   (a)  declare an area that is not part of a municipal district to be an area
        to which this section applies; and



   (b)  revoke or vary any such proclamation.

(5) Any person who within any district specified by proclamation made under
this section and during the fire danger period within the meaning of the
Country Fire Authority Act 1958 engages in or enters with the intention of
ferreting on any land which is used in connexion with primary production
without the consent, express or implied, of the occupier of that land or of
some person apparently authorized to act on behalf of such occupier shall be
guilty of an offence against this section and liable for a first offence to a
penalty of not more than 1 penalty unit and for a second or subsequent offence
to a penalty of not more than 5 penalty units.

(6) It shall be a defence to a prosecution for an offence against subsection
(5) if the defendant satisfies the court that he did not actually engage in
ferreting on that land but was approaching the residence of the occupier of
the land along a defined or customary path for the purpose of applying for
such consent.

(7) Upon any proceedings for an offence against this section the burden of
proving the consent of the occupier of any land concerned or of any person
apparently authorized to act on behalf of such occupier shall be upon the
person charged.

(8) Nothing in this section shall in any way limit or abridge any other civil
or criminal proceeding in relation to any such trespass.

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