Saved Pages

Save pages and articles you’re most interested in to read later on.


Section 28J Summary Offences Act – Hunting on Private Land

Section 28J of the Summary Offences Act 1988 (NSW) is the criminal offence of Hunting on Private Land and is stated below.

If you would like an experienced criminal lawyer to help you achieve an outstanding outcome in your Summary Offences Act case, call Sydney Criminal Lawyers® today on (02) 9261 8881 for a free first appointment.

We have a proven track record in representing clients in Summary Offences Act cases and ensuring that you don’t get a criminal record or harsh punishment.

The Legislation

28J Offence of hunting on private land

(1) In this section:”animal” means any vertebrate animal but does not include a fish within the meaning of the Fisheries Management Act 1994.”hunt” an animal includes search for, pursue, trail, stalk or drive out the animal in order to capture, trap, harm or kill the animal.”occupier” and “owner” have the same meanings as they have in the Rural Lands Protection Act 1988.”private land” has the same meaning as it has in the Rural Lands Protection Act 1988.

(2) A person who, without reasonable excuse (proof of which lies on the person) enters private land and hunts for any animal on the land, without the consent of the owner or occupier of the land, is guilty of an offence. Maximum penalty: 10 penalty units or imprisonment for 12 months, or both.

(3) Without limiting subsection (2), a person is taken to have reasonable excuse for the purposes of that section if:
(a) the person did not know that the land was private land, or
(b) the person is an Aboriginal person:
(i) who is a member, or in the company of a member, of a Local Aboriginal Land Council and who is undertaking traditional cultural hunting within the area of the Council in accordance with a permit issued under section 48 of the Aboriginal Land Rights Act 1983, or
(ii) who enters the land and hunts an animal pursuant to a native title right or interest that is the subject of an approved determination of native title or of a registered native title claim, or
(c) the person enters the land and hunts animals in accordance with a duty imposed on the person under the Rural Lands Protection Act 1988 or the Wild Dog Destruction Act 1921 to suppress and destroy the animals, or
(d) the person is of a class, or enters the land and hunts in the circumstances, prescribed by the regulations.
Section 29B provides that a police officer can issue a penalty notice for hunting on private land rather than issuing a court attendance notice requiring a person to attend court.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.


Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages

APPOINTMENT BOOKING FORM * mandatory fields

Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)