Protection of Lands Act 1937 (ACT)

Australian Capital Territory

Protection of Lands Act 1937

A1937-33

Republication No 4 (RI)

Effective: 31 March 1997 – 8 December 1998

Republication date of printed version: 31 March 1997

Reissued electronically: 19 July 2012

Last amendment made by A1996-87

Authorised by the ACT Parliamentary Counsel
About this republication
The republished law
This is a republication of the Protection of Lands Act 1937 effective 31 March 1997 to

8 December 1998.

Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the

ACT legislation register at

	authorised republications to which the Legislation Act 2001 applies
	unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under section 13. available.

AUSTRALIAN CAPITAL TERRITORY

PROTECTION OF LANDS ACT 1937

This consolidation has been prepared by the ACT Parliamentary Counsel's Office

Reprinted as at 31 March 1997

TABLE OF PROVISIONS

1.             Short title

2.             Interpretation

2AA.	Position of Crown
2A.	Application
2B.	Protection of Lands Officer

3.             Sand, gravel etc. not to be taken without permit

4.             Power to grant permits

5.             Terms and conditions of permits

6.             Fees for permits

6A. Sand and gravel pits

7.             Substances etc. not to be placed on lands

8.             Excavations or obstructions on lands to be lighted

AUSTRALIAN CAPITAL TERRITORY

PROTECTION OF LANDS ACT 1937

An Act to provide for the protection of Territory Land

Short title

1. This Act may be cited as the Protection of Lands Act 1937.l

Interpretation

2. In this Act, unless the contrary intention appears—

"carriageway", in relation to a public street, includes the gutter, if any,

of the public street;

"lands" means Territory Land;

"Motor Traffic Act" means the Motor Traffic Act 1936;

"off-street parking area" has the same meaning as in the Motor Traffic

Act;

"permit" means a permit issued under this Act;
"Protection of Lands Officer" means a Protection of Lands Officer

under section 2B;

"public street" has the same meaning as in the Motor Traffic Act;

"retention area" means an area declared under section 9 to be a retention

area;

"vehicle" has the same meaning as in the Motor Traffic Act.

Protection of Lands Act 1937

Position of Crown

2AA. The following provisions do not bind the Territory Crown:

Subsections 3 (1), 6A (3) and 7(1).

Application

2A. This Act does not apply to or in relation to any lands placed under the control of the Commissioner for Housing for the Australian Capital Territory pursuant to the Housing Assistance Act 1987.

Protection of Lands Officer

2B. (1) There shall be 1 or more Protection of Lands Officers.

(2) The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of a Protection of Lands Officer.

(3) A Protection of Lands Officer shall be any public servant for the

time being performing the duties of a Government Service office referred to

in subsection (2).

Sand, gravel etc. not to be taken without permit

3. (1) A person shall not, without a permit in that behalf issued

under this Act, take from any lands any stone, shell, sand, gravel, clay or

earth.

Penalty: 50 penalty units.

(2) The Minister may, for such period as he or she thinks fit, by

notice published in the Gazette, suspend the operation of this section in respect of any substance or in respect of any lands, and this section shall thereupon cease to apply in respect of that substance or those lands, as the

case may be, until the expiration of the period of suspension, or until the suspension is sooner revoked, whichever first happens.

(3) The Minister may, at any time, by notice published in the Gazette,

revoke any such suspension.
Power to grant permits
(1) The Minister or a Protection of Lands Officer may issue
permits to go upon any lands and to take any substance referred to in
section 3.

4.

(2) A permit may be limited to any particular substance, and to any

particular lands, district or locality.

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Protection of Lands Act 1937

(3) A permit shall continue in force for the period specified and no

longer, and shall not be issued for any period exceeding 12 months.

(4) A permit shall only be granted over lands included in a lease in

cases where the substances are reserved to, or are the property of, the
Crown.

(5) A permit issued under this section shall not extend to authorise the taking from any lands any substance which is, or appears to be, metalliferous.

Terms and conditions of permits

(1) The terms and conditions on which a permit may be issued shall be as determined by the Minister, and any permit may be cancelled by the Minister or a Protection of Lands Officer for non-compliance by the holder of the permit with any term or condition of the permit.

5.

(2) Where the Minister or a Protection of Lands Officer cancels any permit, the Minister or the officer shall forward by post to the person whose permit has been cancelled, at his or her address as stated in that permit, notice of the cancellation of the permit and the cancellation shall be deemed to take effect at the time the notice would have been delivered in the ordinary course of post.

Fees for permits

6. The fee payable for a permit shall be at the rate of $5 per month or portion of a month for each vehicle to be used for taking any substance in pursuance of the permit.

Sand and gravel pits

6A. (1) The Minister may, by notice in the Gazette, declare any

lands to be a sand and gravel pit and may by like notice revoke any such

declaration.

(2) Notwithstanding anything contained in sections 3 and 4, the

Minister may, by notice published in a newspaper circulating in the

Territory—

(a)	declare, with respect to any sand and gravel pit, that any stone, shell, sand, gravel, clay or earth may, notwithstanding anything contained in sections 3 and 4, be taken on payment of such charges and subject to such conditions as are set out in the notice; and
(b)	vary from time to time any such charge or condition;

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Protection of Lands Act 1937

and any such substance may be taken from the sand and gravel pit on payment of the charges and subject to the conditions declared by the Minister in pursuance of this section.

(3) Any person who takes any stone, shell, sand, gravel, clay or earth from any sand and gravel pit without paying the charges, and complying with the conditions set out in a notice referred to in subsection (2) shall be guilty of an offence and liable to a penalty of $40 and, in addition to any penalty that may be imposed, the Court may order the defendant to pay the charges payable under this section in respect of any such substance so taken and the like proceedings may be taken upon the order as if the order had been a judgment of the Court in favour of the Territory.

(4) A certificate by the Minister or a Protection of Lands Officer

specifying the charges owing to the Territory in respect of any such

substance so taken, shall be prima facie evidence of the matters stated.

Substances etc. not to be placed on lands
(1) A person shall not, without the authority of the Minister or a Protection of Lands Officer (proof of which shall lie upon the person accused), deposit, or cause to be deposited, on any unleased lands, any substance, material or thing.

7.

Penalty: 30 penalty units.

(2) A person who, in pursuance of a permit in force under the Roads and Public Places Act 1937, places an object in, over or across a public place does not, by reason of so placing the object, commit an offence against subsection (1).

Excavations or obstructions on lands to be lighted
8. Where any excavation or obstruction is made, or any substance or

material is placed, on any unleased lands with the authority of the Minister

unleased lands entailing the opening up or breaking of the surface thereof,

or a Protection of Lands Officer, or any work is being carried on on any

the person making, or permitting or causing to be made, the excavation or obstruction, or placing the substance or material, or permitting or causing the substance or material to be placed, on the lands, or carrying out the works, shall cause sufficient lights to be affixed in a proper place to indicate clearly the excavation, obstruction, substance, material or works, and continue those lights every night from sunset to sunrise while the excavation, obstruction, substance, material or works continue, and shall during all that time at his or her own expense cause the place on which they are continued to be sufficiently fenced or enclosed to prevent any danger or inconvenience to any person.

Penalty: 30 penalty units.

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Protection of Lands Act 1937

NOTES

The Protection of Lands Act 1937 as shown in this reprint comprises Act No. 33, 1937 amended as indicated in the Tables below.

Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts. That Act also affects references in ACT laws to Commonwealth Acts.

The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice. Those amendments make no change in the law. Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel's Office.

Table 1

Table of Ordinances

Application,

Date of saving or

Number notification Date of transitional

Ordinance	and year	in Gazette	commencement	provisions
Protection of Lands	33, 1937	23 Dec 1937	23 Dec 1937

Ordinance 1937

Protection of Lands 4,1944 3 Feb 1944 3 Feb 1944 —

Ordinance 1944

Ordinances Revision 21, 1959 23 Dec 1959 31 Dec 1959 —

Ordinance 1959

Ordinances Revision 19, 1966 23 Dec 1966 23 Dec 1966 —

(Decimal Currency)

Ordinance 1966

Protection of Lands 8, 1976 24 Feb 1976 24 Feb 1976 —

Ordinance 1976

Protection of Lands 73, 1976 30 Dec 1976 30 Dec 1976 —

(Amendment) Ordinance

1976

Protection of Lands 11, 1980 2 May 1980 2 May 1980 —

(Amendment) Ordinance

1980

Magistrates Court Ordinance 67, 1985 19 Dec 1985 1 Feb 1986(see —

1985   Gazette 1986, No. G3, p. 265)

Housing Assistance 36, 1987 29 July 1987 19 Aug 1987 —

Ordinance 1987 (see Gazette
1987, No. S213)

Self-Government 38, 1989 10 May 1989 Ss. 1 and 2: 10 —

(Consequential	May 1989
Amendments) Ordinance	Remainder: 11
1989	May 1989 (see s. 2 (2) and Gazette 1989, No.S1)

Self-Government day 11 May 1989

Protection of Lands Act 1937

NOTES—continued

Table 2

Table of Acts

Application,

Date of saving or

Number notification Date of transitional

Act	and year	in Gazette	commencement	provisions
Self-Government	53, 1991	2 Oct 1991	2 Oct 1991

(Consequential

Amendments) Act 1991

Acts Revision (Position of 44, 1993 27 Aug 1993 27 Aug 1993 —

Crown) Act 1993 (sees. 2)

Public Sector Management 38, 1994 30 June 1994 Ss. 1 and 2: 30 Ss. 3, 5-12,

(Consequential and	June 1994	15 and 19
Transitional Provisions)	Remainder: 1
Act 1994	July 1994 (see Gazette 1994, No. S142, p. 2)

Statute Law Revision 81, 1994 29 Nov 1994 Ss. 1 and 2: 29 —

(Penalties) Act 1994 Nov 1994
Remainder: 29
Nov 1994 (see
Gazette 1994,
No. S269, p. 2)

Statutory Offices 97, 1994 15 Dec 1994 Ss. 1 and 2: 15 Part III

(Miscellaneous	Dec 1994	(ss. 4-9)
Provisions) Act 1994	Remainder: 15 Dec 1994 (see Gazette 1994, No. S293)

(Reprinted as at 28 February 1995)

Uncollected Goods 87, 1996 20 Dec 1996 Ss. 1 and 2: 20 Part III

(Consequential	Dec 1996	(ss. 7-10)
Provisions) Act 1996	Remainder: 19 Mar 1997 (see s. 2 (2) and
Gazette 1997,

No. S71)

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision	How affected
Title	am. No. 38,1989
S. 2	am. Nos. 8 and 73,1976; No. 38,1989; Act No. 97,1994
S. 2AA	ad. Act No. 44,1993
S. 2A	ad. No. 36,1987
S. 2B	ad. Act No. 97, 1994
S. 3	am. No. 19,1966; Act No. 81,1994
Ss.4, 5	am. Act No. 97,1994
S. 6	am. No. 19,1966; No. 11,1980

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Protection of Lands Act 1937

NOTES—continued

Table of Amendments—continued

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision	How affected
S. 6A	ad. No. 4, 1944 am. No. 21, 1959; No. 19, 1966; No. 38, 1989; Act No. 97,1994
S. 7	am. No. 19,1966; Nos. 8 and 73, 1976; Acts Nos. 81 and 97,1994
S. 8	am. No. 19, 1966; Acts Nos. 81 and 97,1994
S. 9	ad. No. 8, 1976
rep. Act No. 87, 1996
S. 10	ad. No. 8, 1976 am. No. 73,1976; Act No. 97, 1994 rep. No. 87,1996
S. 11	ad. No. 8, 1976 rep. Act No. 87, 1996
S. 12	ad. No. 8, 1976 am. No. 67,1985; Act No. 97, 1994 rep. No. 87,1996
S. 13	ad. No. 8, 1976 am. No. 67,1985; Act No. 53,1991 rep. No. 87, 1996
S. 14	ad. No. 8, 1976 am. No. 67,1985; No. 38, 1989 rep. Act No. 87, 1996
S. 15	ad. No. 8, 1976 am. No. 38,1989 rep. Act No. 87, 1996
S. 16	ad. No. 8, 1976 am. No. 38, 1989; Act No. 38, 1994 rep. No. 87, 1996

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This republication has been authorised by the Parliamentary Counsel and published

by or on behalf of the ACT Government Printer

© Australian Capital Territory 1997

The Copyright Act 1968 of the Commonwealth permits certain reproduction and publication of this legislation. In particular, section 182A of the Act enables a complete copy to be made by or on behalf of a person for a particular purpose. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Manager, Publications and Public Communication, ACT Government, GPO Box 158, Canberra City ACT 2601.

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