Freedom Camping Act 2011

Part 3 Enforcement, miscellaneous, and transitional provisions

Subpart 1—Offences, 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[Repealed]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[Repealed]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.