Where, Possums or Kiera? Mate, blow them off, they're not even allowed to touch you, it's legal assault, all they can do is call the cops and watch you pull sick airs while they wait.I ran into the two security dudes last week while crossing the mine road, they said''no tresspassing we will be prosecuting in future,we have had vandalism here,and to keep out!''
So what your saying is that if some punks are riding there bikes in my yard and they "blow me off" and keep riding in my yard I can't touch them because it's "legal assualt". What is "legal assualt"? Assualt is not legal!
Yeah i have to agree with mat's mum on that one , gruntled pull your head .Yes i agree with you entirley- as my mum once said- dont play with fire- do not disrespect these sort of people, security rangers police etc for that draws attention- resulting in no riding in that area of any sort- total lock down.
everyone do you best and respect the people of power- remember it swings both ways
Hey mate
Please do not advise me of my ill-informed advise unless you have knowledge of the legislation you are referring to, in this case pertaining to the Enclosed Lands Act 1943.
Hey grunted, well done on the info, quite a read plus some interestinf rules etc. Will you be up there this weekend ( possums)?Please do not advise me of my ill-informed advise unless you have knowledge of the legislation you are referring to, in this case pertaining to the Enclosed Lands Act 1943.
Any person who enters into or on any road lawfully enclosed with the lands of any other person through any gate (other than a public gate as defined in the Public Gates Act 1901 (NSW) in its application to the ACT) or slip panel, and wilfully or negligently leaves that gate open or that slip panel down, commits an offence.
Maximum penalty: 5 penalty units.
6 Requirement to give name etc
(1) If the owner, occupier or person in charge of enclosed lands believes on reasonable grounds that another person is committing an offence against this Act, he or she may require that other person to give his or her full name and residential address.
(2) A person shall not fail to comply with a requirement under subsection (1).
Maximum penalty: 5 penalty units.
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, such as 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.
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.
Now my turn--
Just to clear this up:
The area around Balgownie in question is not covered by the Enclosed Lands Act, as it is not legally "Enclosed"- read fenced, or canaled, like a school, for example. Nor is there signage advising trespassers of the tenure of the land, which is a requirement under the Enclosed Lands Act, along with a fence, canal etc. Reasonable force may NOT be used under the Enclosed Lands Act, only under duress may a land manager or representative request the NAME AND ADDRESS OF THE TRESPASSING PERSON/S and would not be supported by a Magistrate should it be a kid on a bike. I went through all this in 1994 when I first rode the trails behind Balgownie. There are other Acts in place that you might use to chase kids on bikes off your land if they were in your backyard, but if you were to physically restrain them they can charge you with assault (heard of burglars sueing people they were robbing when they got hurt?).
Of course it would be nothing short of stupidity to be discourteous to the land mangers where we ride. It is, however, wise to be up to scratch on the legislative powers available to landholders. The idea that a security guard can issue an on-the-spot infringement notice for $500 is ludicrous. He is allowed to ask for your name and address, though.
On another note, Jmeers, settle down, whoever you may be.
On another note, MattD8, glad you like the missing trees, it was a lot of work. Note that, under the EPBC Act 1991, I was committing a real offense by removing native vegetation without a permit
We cleared it last week
aw nice stuff.
Hey mate, i wonder were everyone is grabbing this information from, pretty dam interesting, always a bonus knowing the background info on that section of the escarpnment.Hi Guys
In regards to the past post about the Inclosed Lands Act. I'm not saying who's right or who's wrong, but I think ALL should be aware of the whole legislation and what it means.
INCLOSED LANDS ACT, 1901
4 Unlawful entry on inclosed lands
(1) Any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands, is liable to a penalty not exceeding:
(a) 10 penalty units in the case of prescribed premises, or
(b) 5 penalty units in any other case.
(1A) A drover or person in charge of stock being driven on a road lawfully inclosed within the lands of any person has a lawful excuse for entering those lands for the purpose of preventing the stock from straying, or regaining control of stock that have strayed, from that road.
(2) Where a road is lawfully inclosed with the lands of any person, and such road is not clearly defined but there is a reasonably defined track commonly used by persons passing through such lands, the centre of such track shall, for the purposes of this Act, be deemed to be the centre of the road.
(3) Where a road is lawfully inclosed with the lands of any person and such road is not clearly defined and there is no reasonably defined track through such lands a person passing through such inclosed lands shall not be guilty of an offence unless it is shown that the route taken by such person in so passing was, having regard to the circumstances, unreasonable.
In this section, stock includes horses, cattle, sheep, goats, pigs and camels.
4A Offensive conduct while on inclosed lands
(1) Any person, who remains upon the inclosed lands of another person after being requested by the owner or occupier or the person apparently in charge of those lands to leave those lands and while remaining upon those lands conducts himself or herself in such a manner as would be regarded by reasonable persons as being, in all the circumstances, offensive, is liable to a penalty not exceeding:
(a) 20 penalty units in the case of prescribed premises, or
(b) 10 penalty units in any other case.
It is a sufficient defence to a prosecution for an offence under this section if
the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.
5 Penalty on leaving gate open
(1) Any person who enters into or upon the inclosed lands of any other person, and wilfully or negligently leaves open or down any gate or slip-panel, shall be liable to a penalty not exceeding 2 penalty units.
(2) Any person who enters into or upon any road lawfully inclosed with the lands of any other person through any gate (not being a public gate within the meaning of the Roads Act 1993), or slip panel, and wilfully or negligently leaves open or down such gate or slip-panel, shall be liable to a penalty not exceeding 2 penalty units.
6 Offender may be apprehended
(1) Any person found committing any offence against this Act, and who refuses, when required to do so, to give his or her name and place of abode, may be apprehended by the owner, occupier, or person in charge of the inclosed lands upon or in relation to which the offence was committed, and delivered to the custody of the nearest constable to be taken before a justice to be dealt with according to law.
(2) Any person who, upon being so required to give his or her name and place of abode, gives any false name or place of abode, shall be liable to a penalty not exceeding 0.5 penalty unit.
In simple terms, we ride on private property at both Kiera and Possums and most other lands within the Illawarra escarpment, so we are by the interpretation of the law committing an offence and as such an person lawfully in charge of those lands may apprehend and hold for Police and be charged with trespassing.
Now I'm not saying that is what will happen, but they do have the lawful power to, as such we all should be respectful and cause as little attention as possible as most land owners will only want for people to move on due to the duty of care all land owners have for a persons safety while on their land (work that out for yourself).
Bottom line guys, all Illawarra tracks walk a tight rope of being closed or made impossible to ride at anytime (remember Bulli), we are the ones that will either do the right thing and keep them open or stuff em up........... up to you !!
Matt, cant wait to see new track
There is no requirement in this law for a boundary of any type. The requirement is met after a person enters the lands without consent of the land owner and also if a person in charge of those land requests your name and/or requests you leave. From that point on the proof is against the person, point 4.1 & 6
