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Contents (1993 - 11)
Noxious Weeds Act 1993 No 11
Repealed version for 4 June 2015 to 30 June 2017 (accessed 19 November 2017 at 04:24)
Part 2
Part 2 Noxious weeds and control measures
7   Weed control orders
(1)  The Minister may, by order published in the Gazette, make a weed control order for a specified plant.
(2)  A weed control order is to do the following:
(a)  declare that the plant is a noxious weed,
(b)  apply a weed control class or classes to the plant,
(c)  specify the land (being part or the whole of the State) to which the order applies,
(d)  specify the control measures that are to be, or may be, used to control the plant in general or particular circumstances,
(e)  specify the control objectives for the plant,
(f)  specify the term of the order (being a period not exceeding 5 years).
(2A)  The Minister may, in a weed control order, grant an exemption referred to in section 32A.
(2B)  An exemption has effect for the period specified in the order and is subject to such conditions, if any, as may be specified in the order.
(2C)  The Minister may amend or revoke an exemption or a condition of an exemption.
(3)  For the purposes of this Act, a plant that is the subject of a weed control order is a noxious weed in relation to the land to which the order applies.
(4)  An order takes effect from the date of its publication in the Gazette or on a later date specified in the order.
(5)  The Minister may not make an order declaring any plant that is native to the State to be a noxious weed, except with the consent of the Minister administering the National Parks and Wildlife Act 1974.
8   Weed control classes
(1)  The following weed control classes may be applied to a plant by a weed control order:
(a)  Class 1, State Prohibited Weeds,
(b)  Class 2, Regionally Prohibited Weeds,
(c)  Class 3, Regionally Controlled Weeds,
(d)  Class 4, Locally Controlled Weeds,
(e)  Class 5, Restricted Plants.
(2)  The characteristics of each class are as follows:
(a)  Class 1 noxious weeds are plants that pose a potentially serious threat to primary production or the environment and are not present in the State or are present only to a limited extent.
(b)  Class 2 noxious weeds are plants that pose a potentially serious threat to primary production or the environment of a region to which the order applies and are not present in the region or are present only to a limited extent.
(c)  Class 3 noxious weeds are plants that pose a serious threat to primary production or the environment of an area to which the order applies, are not widely distributed in the area and are likely to spread in the area or to another area.
(d)  Class 4 noxious weeds are plants that pose a threat to primary production, the environment or human health, are widely distributed in an area to which the order applies and are likely to spread in the area or to another area.
(e)  Class 5 noxious weeds are plants that are likely, by their sale or the sale of their seeds or movement within the State or an area of the State, to spread in the State or outside the State.
(3)  A noxious weed that is classified as a Class 1, 2 or 5 noxious weed is referred to in this Act as a notifiable weed.
9   Public consultation procedures
(1)  Before making a weed control order, the Minister is to cause the proposed order to be subject to public consultation.
(2)  The public consultation procedure is as follows:
(a)  notice of the intention to make the order is to be published in a newspaper circulating generally in the area in which the land subject to the proposed order is located, or, if appropriate, in a newspaper circulating throughout the whole State,
(b)  the notice is to indicate when and where a copy of the proposed order is to be placed on public exhibition and that submissions may be made about it,
(c)  the proposed order (and any other information the Minister considers appropriate) is to be publicly exhibited for a period of at least 21 days after the notice is given,
(d)  the Minister is to consider any public submissions on the proposed order.
(3)  The regulations may make provision for or with respect to the notification and exhibition of proposed weed control orders.
(4)  Nothing in this section requires the Minister to undertake any further public consultation if a proposed order is changed as a result of the public consultation procedure.
10   Emergency weed control orders
(1)  The Minister may make an emergency weed control order for a specified plant if of the opinion that the threat posed by the plant requires the order to be made.
(2)  An emergency weed control order is to have a term not exceeding 12 months.
(2A)  An emergency weed control order is to be published in the Gazette. However, if the Minister considers the order is required urgently, the order may be published:
(a)  in a newspaper circulating, or by radio or television broadcast, in the area in which the land subject to the order is located, or, if appropriate, in a newspaper circulating throughout the whole State, or
(b)  on the Department’s internet website.
(2B)  If an order is published in accordance with subsection (2A) other than in the Gazette, the Minister is to publish the order as soon as practicable in the Gazette.
(2C)  The order commences on the day it is first published in accordance with this section, or on such later day as may be specified in the order.
(3)  Section 9 does not apply to an emergency weed control order.
(4)  This Act applies to an emergency weed control order in the same way as it applies to a weed control order, except as provided by this Act.
11   Power to regulate or prohibit bringing into NSW noxious weed material or things likely to introduce such material
(1)  The Minister may, by order published in accordance with subsection (2), regulate or prohibit the bringing into the State (or into any specified part of the State) of noxious weed material or any other thing that the Minister considers is likely to introduce any noxious weed material into the State (or into any specified part of the State).
(2)  An order made by the Minister under this section is to be published in the Gazette. However, if the Minister considers the order is required urgently, the order may be published:
(a)  in a newspaper circulating, or by radio or television broadcast, in the area to which the land subject to the order is located, or, if appropriate, in a newspaper circulating throughout the whole State, or
(b)  on the internet website of a newspaper referred to in paragraph (a) or on the Department’s internet website.
(3)  If an order is published in accordance with subsection (2) other than in the Gazette, the Minister is to publish the order as soon as practicable in the Gazette.
(4)  An order commences on the day it is first published in accordance with this section or on such later day as may be specified in the order.
(5)  A person who fails to comply with an order made under this section is guilty of an offence.
Maximum penalty: 100 penalty units.