Is Trespassing a Criminal Offence in NSW?

Trespass is generally defined as the intentional or negligent intrusion upon another person’s land or property without their consent. In Australia, trespass can occur in various forms, including entering another person’s property without permission, remaining on the property after being asked to leave, or causing damage to the property.

Trespass can be categorised into two main types: trespass to land and trespass to goods. Trespass to land refers to the unauthorised entry onto another person’s property, while trespass to goods occurs when someone interferes with or unlawfully takes possession of another person’s belongings without their consent.

Trespass as a Criminal Offence in NSW

If an individual enters your property in New South Wales for a lawful purpose, such as delivering mail or visiting, they are not violating the law. However, if you, as the owner or occupier of the property, ask someone to leave and they refuse to do so, they are committing an offence under the Inclosed Lands Protection Act 1901.

Under Section 4 of the Act, it is considered an offence to enter enclosed lands without permission. The punishment for this offence is a fine of five penalty units, or 10 penalty units if the land is categorised as prescribed premises, like a school or hospital.

Furthermore, Section 4A of the act imposes stricter penalties for individuals who remain on the land after being directed to leave by the owner, occupier, or person apparently in control of the land, particularly if the offender behaves offensively while staying on the premises. In the case of prescribed premises, the maximum penalty for this offence is a fine of 20 penalty units, while in all other cases, the penalty is a fine of 10 penalty units.

It’s important to note that the Inclosed Lands Protection Act specifies that any civil action related to trespassing under the act must be initiated within two months of the commission of the offence.