Section 7 Inclosed Lands Protection Act | Owner May Destroy Goats


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Section 7 of the Inclosed Lands Protection Act 1901 (NSW) is Owner May Destroy Goats and is extracted below.

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The Legislation

7 Owner may destroy goats

(1) Any owner, occupier, or person in charge of inclosed land may destroy any goat found trespassing thereon.

(2) Subsection (1) does not authorise the destruction of any goat that:
(a) is legibly branded, or
(b) has around its neck a collar with the name and address of its owner legibly engraved on it, or
(c) has an ear mark, or
(d) is wearing an ear tag.

“Inclosed lands” is defined as:

(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 2010, 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.

Section 6 of the Act allows an owner or occupier to perform a ‘citizen’s arrest’ on any person committing an offence under the section who refuses to give his or her name and address.

Section 10 of the Act allows a police officer to issue a penalty notice (fine) rather than a court attendance notice requiring the person to attend court.

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