Statutory review of the amendments made by the Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Act 2016

The NSW Department of Communities and Justice is conducting a review of the amendments made by the Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Act 2016 (the Act) to determine whether the policy objectives of the amendments remain valid and whether the provisions, as amended, remain appropriate for securing these objectives.

This review is required by clause 18 of Schedule 5 to the Law Enforcement (Powers and Responsibilities) Act 2002, which was inserted by the Act.

About the Act

The Act amended the:

• Inclosed Lands Protection Act 1901 to introduce the new offence of aggravated unlawful entry on inclosed lands (s.4B)
  
• Crimes Act 1900 to clarify what is captured by the offence of interfering with a mine (s.201)
  
• Law Enforcement (Powers and Responsibilities) Act 2002 to give police expanded search and seizure powers in relation to lock on devices (ss.45A – 45C).
  

The policy objectives of the Act include: 

• to clarify the laws in relation to unlawful interference with mining and other business or undertakings
  
• to address risks to businesses, protestors and the public posed by unsafe protest activities
  
• balance the right to protest with the need to protect the safety of others and the conduct of lawful business activities.
  

Some provisions of the Act commenced on 1 June 2016, with the remainder of the Act commencing on 1 November 2016. The Act can be viewed in full on the NSW legislation website.

Have your say

Interested individuals and organisations are invited to make a submission to the review. 

There are two ways you can provide your feedback:

Email: policy@justice.nsw.gov.au (preferred)

Mail: 

Inclosed Lands Review
Law Enforcement & Crime Policy
Policy, Reform and Legislation Branch
NSW Department of Communities and Justice
GPO Box 31
Sydney NSW 2001

Submissions made to the review may be referred to in the final report and may be made publically available unless you indicate that all or part of it be kept confidential.

Submissions close on Sunday 1 March 2020.