Division 2Division 2 Pest control orders
143 Minister may make pest control orders
(1) The Minister may, by order published in the Gazette:(a) describe any land to which the order applies (the controlled land), and(b) declare any non-human mammal or any bird, insect, amphibian, fish, reptile, arthropod, insect, mollusc, crustacean or other member of the animal kingdom to be a pest on the controlled land, and(c) impose or confer any one or more of the obligations or powers described in subsection (2) in relation to that pest on the controlled land.(2) A pest control order may:(a) impose a general destruction obligation requiring the occupier of the controlled land to eradicate the pest by any lawful method or by a method specified in the order, or(b) impose a limited destruction obligation requiring the occupier of the controlled land to eradicate the pest by any lawful method or by a method specified in the order during specified stages of its development or life cycle, or(c) impose a notification obligation requiring the occupier of land to give the authority for the district in which the controlled land is situated notice of the presence of the pest on the land as soon as practicable after becoming aware of its presence, or(d) empower an authority to serve an order in accordance with this Part on any occupier or owner (other than a public authority) of the controlled land in its district requiring the occupier or owner to eradicate the pest by use of a method specified by the authority in the order (an individual eradication order), or(e) empower an authority to publish an order in accordance with this Part requiring all occupiers of land within its district (or a specified part of its district) to eradicate the pest by use of any method specified by the authority in the order (a general eradication order), or(f) confer power on any authorised officer or class of authorised officers to take measures to carry out work on the controlled land to eradicate the pest, or(g) confer on an authority the power to give approval (whether or not subject to any condition) for any person or class of persons to keep the pest in captivity on the controlled land, or(h) confer on an authority a power to approve or order the use (whether or not subject to any condition) of a method of eradication of a pest other than a method (if any) that is specified in the pest control order, or(i) prohibit the administration of any substance specified in the pest control order to the pest, or(j) require an authority to supply materials that have been provided to it for the eradication of the pest on controlled land within its district free of charge to the occupier or owner of the land.(3) An order may specify a method of eradication to be used in relation to a pest on controlled land that involves application of a substance or thing from the air.(4) An order must not specify any method of eradication in relation to a pest that would constitute an act of cruelty committed upon an animal within the meaning of the Prevention of Cruelty to Animals Act 1979.(5) The Minister may not make an order declaring any member of the animal kingdom that is protected fauna or a threatened species to be a pest.(6) The land to which an order applies may be private land or public land, or both.(7) An order may be made so as:(a) to apply generally or be limited in its application by reference to specified exceptions or factors, or(b) to apply differently according to different factors of a specified kind.(8) In this section:public authority means a public authority other than a local authority.
144 When can a pest control order be made?
(1) A pest control order may be made by the Minister on the Minister’s own initiative after consultation with the State Council or at the request of an authority.(2) The Minister must consult with such persons or organisations as may be prescribed by the regulations for the purposes of this subsection before making a pest control order declaring:(a) any member of the animal kingdom that is a native species, or(b) a game animal that is listed in Part 1 of Schedule 3 to the Game and Feral Animal Control Act 2002,to be a pest.(3) Without limiting subsection (2), the Minister must consult with the Game Council of New South Wales before making a pest control order declaring a game animal listed in Part 1 of Schedule 3 to the Game and Feral Animal Control Act 2002 to be a pest.
145 Requests by authorities for making of pest control orders
(1) An authority may request the Minister to make a pest control order that is to apply to land in its district.(2) The request is to be made in the form approved by the Director-General and is to be accompanied by such supporting information as is determined by the Director-General.(3) An authority must consult with the Game Council of New South Wales before requesting the Minister to make a pest control order declaring a game animal listed in Part 1 of Schedule 3 to the Game and Feral Animal Control Act 2002 to be a pest.
146 Public notice of proposal to make order
(1) The Minister is to cause notice of a proposal to make a pest control order applying to land to be published in a newspaper circulating generally in the district in which the land is situated or, if the Minister considers it to be appropriate, throughout the whole State.(2) The Minister’s notice is to indicate when and where a copy of the proposed pest control order is to be placed on public exhibition and that submissions may be made on it.(3) The Minister is to cause a copy of the proposed pest control order (and such other information as the Minister considers appropriate) to be placed on public exhibition for a period of not less than 21 days after notice of the proposal is given so that interested persons may make submissions on the proposal.(4) The Minister is to take into consideration any submissions received on the proposed pest control order before the Minister makes the pest control order.(5) The regulations may make provision for or with respect to the notification and exhibition of proposed pest control orders.
The Minister must not make a pest control order that applies to land occupied by a public authority unless the Minister has consulted the public authority about the making of the proposed order.
148 Minister may waive notice and consultation requirements
(1) It is not necessary to comply with the requirements of sections 146 and 147 to the extent that the Minister certifies in writing that, in the Minister’s opinion, in the special circumstances of the case the public interest requires that the order be made without complying with those requirements.(2) The Minister is to give reasons for so certifying in the notice given under section 150.
The Minister may make a pest control order in the same terms, or in substantially the same terms, as the proposed pest control order exhibited in accordance with section 146 or, in the case of an order in respect of which a certificate has been given under section 148 in whatever terms the Minister considers appropriate.
The Minister is to cause a notice of the making of a pest control order to be published in a newspaper circulating generally in the district in which the controlled land is situated or, if the Minister considers it to be appropriate, throughout the State.
151 When does a pest control order take effect?
A pest control order takes effect on the day of its publication in the Gazette or on a later day specified in the order.
152 Duration of pest control order
(1) A pest control order has effect (unless sooner revoked) for such period (not exceeding 5 years) as is specified in the order.(2) A pest control order made in the circumstances mentioned in section 148 has effect (unless sooner revoked) for 3 months, or such lesser period as is specified in the order.
153 Amendment and revocation of pest control orders
(1) The Minister may amend a pest control order by making another pest control order prepared in accordance with this Division.(2) The Minister may at any time revoke a pest control order by notice published in the Gazette.
(1) Failure to comply with section 146 or 147 does not affect the validity of a pest control order.(2) The Minister is taken to have observed the rules of procedural fairness if a pest control order is made in accordance with this Division.
155 Obligations of owners and occupiers of private land
(1) An occupier of any private land on whom a general destruction obligation in relation to a pest is imposed by a pest control order must eradicate any pest on the land by any lawful method (or, if the order specifies a method to be used, by the method specified).Maximum penalty: 50 penalty units.
(2) An occupier of any private land on whom a limited destruction obligation in relation to a pest is imposed by a pest control order must eradicate any pest on the land during the stages of its development or life cycle specified in the order by any lawful method (or, if the order specifies a method to be used, by the method specified).Maximum penalty: 50 penalty units.
(3) An occupier of any private land on whom a notification obligation in relation to a pest is imposed by a pest control order must give oral or written notice to the authority for the district in which the land is situated of the presence of the pest on the land as soon as practicable after becoming aware of its presence.Maximum penalty: 20 penalty units.
(4) An occupier of land within a district is not guilty of an offence under subsection (1) or (2) if the occupier uses a method to eradicate a pest other than that (if any) specified in the pest control order concerned and the method used has been approved by the authority for the district in accordance with this Part.
156 Obligations of occupiers of public land
(1) An occupier of any public land on whom a general destruction obligation in relation to a pest is imposed by a pest control order must (to the extent necessary to minimise the risk of the pest causing damage on any land) eradicate any pest on the land by any lawful method (or, if the order specifies a method to be used, by the method specified).(2) An occupier of any public land on whom a limited destruction obligation in relation to a pest is imposed by a pest control order must (to the extent necessary to minimise the risk of the pests causing damage on any land) eradicate any pest on the land during the stages of its development or life cycle specified in the order by any lawful method (or, if the order specifies a method to be used, by the method specified).(3) An occupier of any public land on whom a notification obligation in relation to a pest is imposed by a pest control order must give oral or written notice to the authority for the district in which the land is situated of the presence of the pest on the land as soon as practicable after becoming aware of its presence.(4) An occupier of public land fulfills any obligation referred to in subsection (1) or (2) if the occupier uses a method to eradicate a pest on the land other than that (if any) specified in a pest control order applying to the land and the method used has been approved by the authority for the district in accordance with this Part.