In New South Wales (NSW), the unlawful entry of enclosed lands refers to the act of entering or remaining on lands that are enclosed, such as private property, without lawful authority or permission. The term “enclosed lands” generally refers to properties that have some form of physical barrier, such as fences, walls, or gates, indicating that access is restricted or limited.

The specific definition and legal provisions regarding the unlawful entry of enclosed lands can be found in the Inclosed Lands Protection Act 1901 (NSW). Although this Act has been repealed, some of its provisions have been incorporated into other legislation, such as the Inclosed Lands Protection Act 1901 (NSW).

Under the Inclosed Lands Protection Act, unlawful entry of enclosed lands typically involves the following elements:

Entering: Physically crossing the boundary or barrier of the enclosed land.

Without lawful authority or permission: The entry is done without the legal right, consent, or authorization from the owner, occupier, or person in lawful control of the enclosed lands.

Intent: The entry is intentional or deliberate, without any legitimate reason or lawful excuse for being on the enclosed lands.

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