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:
- You stole any rock, stone, gravel, soil, sand or clay, and
- The item was in, on or under land, or formed part of land that did not belong to you
Defences to the charge include:
- Duress
- Necessity, and
- Claim of right which means you genuinely believed you were legally entitled to the property.
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