Birdwatching on Commonwealth land

To: "" <>
Subject: Birdwatching on Commonwealth land
From: Geoffrey Dabb <>
Date: Sat, 14 Oct 2017 05:11:44 +0000

I noticed the below sign at Campbell Park  There are a number of them.  Clearly they relate to the Defence land on the carpark side of the horse crossing ie before you come to the Nature Park.



Perhaps the signs have been there for some time.  I have not visited there much recently. One result of the signs is that the land is ‘posted’ for the purpose of Crimes Act s89. This means that it is an offence for a person to go on the land ‘without lawful excuse (proof whereof shall lie upon him or her)’.  It also means anyone on the land can be required to give their name and address by certain officials.  It is an offence to refuse even if you are on the land with ‘lawful excuse’.  The signs have possibly been placed as a basis for controlling firewood collectors.


As to whether birdwatching is a ‘lawful excuse’, well, in all the circumstances I would think so, but do not rely on my advice.  Anyone concerned (or perhaps COG officially) could seek confirmation from Defence authorities that they view the matter in that way.


The notice also calls up the Defence Act.  There are provisions in that Act for controlling public use of Defence land by the making of bylaws on a wide range of matters, but I have not looked into those.


Sorry if all this has been raised and gone into before. 



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