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Unlawfully Possessing Trees, Plants or Fences

Unlawfully Possessing Trees, Plants or Fences is an offence under Section 517 of the Crimes Act 1900 which carries a maximum penalty equivalent to the property involved in addition to 1 penalty unit, which is currently $110.

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

  1. You possessed the whole or any part of a tree, sapling, shrub, underwood, fence, post, pale, wire, rail, stile or gate, and
  2. The property belonged to another

Defences to the charge include:

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

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