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Stealing Rocks, Stones, Gravel, Soil, Sand or Clay

Stealing Rocks, Stones, Gravel, Soil, Sand or Clay is a discrete offence under Section 521A of the Crimes Act 1900 which carries a maximum penalty of 12 months in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You stole any rock, stone, gravel, soil, sand or clay, and
  2. The item was in, on or under land, or formed part of land that did not belong to you

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Claim of right which means you genuinely believed you were legally entitled to the property.

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