Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 13

13 Unlawfully entering or remaining on particular land

(1) A person must not unlawfully enter, or remain on, land used for—

(a) an agricultural activity; or

(b) an animal husbandry activity; or

(c) a holding facility; or

(d) a food production facility, including, for example, a facility that produces food for animal consumption; or

(e) the exhibition of animals.

Examples for paragraph (e)—

wildlife park or zoo

Penalty—

Maximum penalty—20 penalty units or 12 months imprisonment.

(2) Subsection (1) applies whether or not the person lawfully entered the land.

(3) A person must not unlawfully open, and leave open, any gate, fence or other barrier that encloses all or part of enclosed land used for—

(a) an agricultural activity; or

(b) an animal husbandry activity; or

(c) a holding facility; or

(d) a food production facility, including, for example, a facility that produces pet food; or

(e) the exhibition of animals.

Examples for paragraph (e)—

wildlife park or zoo

Penalty—

Maximum penalty—10 penalty units or 6 months imprisonment.

(4) This section does not prevent an authorised industrial officer entering, or remaining in or on, a workplace in accordance with the terms of the person’s appointment as an authorised industrial officer.

(5) In this section—

"agricultural activity" includes—

(a) cultivating soil; and

(b) broadcasting seed to establish an improved pasture; and

(c) planting, gathering or harvesting a crop, including a food or fibre crop; and

(d) growing non-indigenous grasses, legumes or forage cultivars; and

(e) horticulture or viticulture activities.

"animal husbandry activity" includes—

(a) breeding, keeping, raising or caring for animals, for commercial purposes; and

(b) establishing or operating a dairy, feedlot, piggery or animal saleyard; and

(c) grazing animals; and

(d) aquaculture; and

(e) beekeeping; and

(f) poultry farming of more than 100 birds; and

(g) testing or inoculation of animals, including using diagnostic agents, serums and vaccines.

"exhibit" , an animal, includes display the animal at a private event.

"holding facility" means a place where 1 or more types of animal are regularly or periodicallyheld or kept on a temporary basis, including, for example, any of the following—

(a) a local government reserve or commonage;

(b) a pound;

(c) an animal refuge;

(d) a meat processing facility;

(e) a live export holding;

(f) a showground for animals;

(g) a sporting ground for animals;

(h) a stock route.

"live export holding" means—

(a) a depot for the live export of animals; or

(b) an embarkation point for the export of live animals.

"meat processing facility" means an abattoir or other facility at which animals are killed for meat for trade or commerce.

"stock route" see the Stock Route Management Act 2002 , schedule 3 .