Part 3
Enforcement, miscellaneous, and transitional provisions

Subpart 1Offences, defences, and penalties

20 Offences
  • (1) Every person commits an offence who—

    • (a) freedom camps in a local authority area in breach of any prohibition or restriction in a bylaw made under section 11 that applies to the area; or

    • (b) while freedom camping in a local authority area,—

      • (i) interferes with or damages the area, its flora or fauna, or any structure in the area; or

      • (ii) deposits waste in or on the area (other than into an appropriate waste receptacle); or

    • (c) makes preparations to freedom camp in a local authority area in breach of any prohibition or restriction in a bylaw made under section 11 that applies to the area; or

    • (d) deposits waste, generated while freedom camping, in or on a local authority area other than into an appropriate waste receptacle; or

    • (e) fails or refuses to leave a local authority area when required to do so by an enforcement officer acting under section 36; or

    • (f) [Repealed]

    • (g) freedom camps on conservation land in breach of any prohibition or restriction in a freedom camping notice that applies to the land; or

    • (h) while freedom camping on conservation land,—

      • (i) interferes with or damages the land, its flora or fauna, or any structure on the land; or

      • (ii) deposits waste in or on the land (other than into an appropriate waste receptacle); or

    • (i) [Repealed]

    • (j) makes preparations to freedom camp on conservation land in breach of any prohibition or restriction in a freedom camping notice that applies to the land; or

    • (k) deposits waste, generated while freedom camping, in or on conservation land other than into an appropriate waste receptacle; or

    • (l) refuses to give information when required to do so by an enforcement officer under section 35 or gives false or misleading information; or

    • (m) fails or refuses to leave conservation land when required to do so by an enforcement officer acting under section 36.

    (2) Every person commits an offence who discharges a substance in or on a local authority area or conservation land in circumstances where the discharge of the substance is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it—

    • (a) has, or is likely to have, a significant adverse effect on the environment; or

    • (b) has caused, or is likely to cause, significant concern to the community or users of the area or land.

    (3) Every person commits an offence—

    • (a) who, while an enforcement officer is carrying out his or her functions and duties under this Act,—

      • (i) intentionally prevents the officer from carrying out those functions and duties; or

      • (ii) obstructs or impedes the officer; or

      • (iii) assaults, threatens, or intimidates the officer; or

      • (iv) uses language that is abusive or threatening to the officer; or

      • (v) behaves in a threatening manner towards the officer; or

    • (b) who incites any other person to do any act referred to in paragraph (a).

    (4) In this section, waste receptacle means a receptacle or facility that is provided by a local authority or the Department for the purposes of disposing of waste (for example, a rubbish bin, public toilet, or bulk waste disposal unit).

    Section 20(1)(f): repealed, on 1 April 2012, by section 8.

    Section 20(1)(i): repealed, on 1 April 2012, by section 8.