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Contents (1993 - 11)
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Noxious Weeds Act 1993 No 11
Repealed version for 4 June 2015 to 30 June 2017 (accessed 17 October 2017 at 13:05)
Part 3
Part 3 Noxious weed control on land
Division 1 Action to control noxious weeds
12   Private occupiers of land must control noxious weeds on land
(1)  An occupier (other than a public authority or a local control authority) of land to which a weed control order applies must control noxious weeds on the land as required under the order.
Maximum penalty: 40 penalty units.
Note.
 If an occupier fails to comply with obligations under a weed control order, those obligations may be enforced against the owner of the land as well as the occupier by a weed control notice issued under section 18.
(2)  A local control authority may, by written notice, require the owner of land (other than a public authority or a local control authority) to which a weed control order applies to provide the following information in relation to the land:
(a)  the name and contact details of the occupier of the land or any part of the land,
(b)  a description of the land occupied by the occupier.
(3)  The notice must specify the manner in which, and may specify a reasonable time by which, the information must be provided.
(4)  A person who, without reasonable excuse, fails to comply with a requirement of a notice under this section is guilty of an offence.
Maximum penalty: 20 penalty units.
13   Public authorities’ obligations to control noxious weeds on own land
(1)  A public authority that is an occupier of land to which a weed control order applies must control noxious weeds on the land as required under the order, to the extent necessary to prevent the weeds from spreading to adjoining land.
(2)  A public authority must provide information as to the name and contact details of an occupier of land owned by the public authority, and a description of the land occupied, to the relevant local control authority, if the land is subject to a weed control order.
14   Local control authorities’ obligations to control noxious weeds on own land
(1)  A local control authority that is an occupier of land subject to a weed control order must control noxious weeds on the land as required under the order.
(2)  A local control authority must control noxious weeds on any road (other than a freeway, tollway or State work within the meaning of the Roads Act 1993) in the local area of the authority that is subject to a weed control order as required under the order.
(3)  The obligation to control noxious weeds on a road is a joint obligation with any occupier required to control the weeds under section 17 or 17B.
15   Occupiers of land must notify local control authority of notifiable weeds
An occupier of land (other than a local control authority) on which there is a notifiable weed must notify the local control authority for the land of that fact within 24 hours after becoming aware that the notifiable weed is on the land.
Maximum penalty (for an occupier other than a public authority): 20 penalty units.
16   Evidence of knowledge of notifiable weeds
For the purpose of proving in any prosecution under section 15 (1) that an occupier of land was aware that a notifiable weed was located on the land, if it is proved that the occupier or an employee of the occupier or other person using the land ought reasonably to have known that a notifiable weed was located on the land, that is evidence that the occupier was aware that it was on the land.
16A   Duty of other persons to notify local control authority of notifiable weeds
A person who, in a professional capacity, becomes aware or suspects that a plant on land is a notifiable weed must notify the local control authority for the land of that fact within 24 hours of becoming aware or suspecting that the notifiable weed is on the land.
Maximum penalty: 20 penalty units.
17   Obligations to control noxious weeds on roads
(1)  An obligation imposed under this Act on an occupier of land to control noxious weeds on that land also extends to noxious weeds on:
(a)  any part of a road that intersects the land, not being part of the road that is fenced on both sides, and
(b)  the half of the width of any part of a road that forms part of the boundary of the land, not being a part of the road that is fenced on both sides, and
(c)  any part of a road that forms part of the boundary of the land, being a part of the road that is not fenced on the side forming part of the boundary but is fenced on the other side.
(2)  An occupier may enter a road at all reasonable times for the purpose of complying with this section.
(3)  In this section, road does not include a State highway, freeway, tollway or State work within the meaning of the Roads Act 1993.
(4)  This section does not apply to a road referred to in section 17B.
17A   Obligations to control aquatic weeds
(1)  If the land of an occupier is situated on opposite sides of a watercourse, river or inland water (tidal or non-tidal), an obligation under this Act for the occupier to control noxious weeds on that land also extends to noxious weeds located on the land between those sides.
(2)  If a watercourse, river or inland water (tidal or non-tidal) is situated between land occupied by different occupiers, an obligation under this Act for each occupier to control noxious weeds extends to weeds located on the land between the boundary of the land and any “give and take” fence erected to define the boundary of the land or, if there is no such fence, to the middle line of the watercourse, river or inland water.
(3)  An occupier may enter a watercourse, river or inland water for the purpose of complying with this section.
(4)  A local control authority may exempt the whole or part of a watercourse, river or inland water in its local area from the operation of subsection (1) or (2), or both, if, in its opinion, the depth or width of the watercourse, river or inland water is such that, in the circumstances, it would be unreasonable to apply the provisions concerned.
(5)  The Director-General may, by order published in the Gazette, exempt an occupier, a noxious weed or the whole or part of a watercourse, river or inland water, from the operation of subsection (1) or (2), or both.
(6)  The Minister may, in a weed control order, exempt an occupier, a noxious weed or the whole or part of a watercourse, river or inland water, from the operation of subsection (1) or (2), or both.
(7)  A local control authority is to be responsible for the control of noxious weeds located on a watercourse, river or inland water in its local area if, because of an exemption under this section, subsection (1) or (2), or both, do not apply to the control of those weeds.
Note.
 Under section 69, a local control authority may enter into agreements with another person or body to exercise functions of the authority under this Act.
(8)  This section does not apply to land referred to in section 17B.
17B   Obligations to control noxious weeds in irrigation areas
(1)  An obligation imposed under this Act on an occupier of land within an irrigation area to control noxious weeds on that land also extends to noxious weeds on:
(a)  any part of a public road, a public reserve or public channel land that intersects the occupier’s land, or forms part of its boundary and is within 20 metres from the boundary of the land, and
(b)  any part of a watercourse, river or inland water (tidal or non-tidal) situated on the land.
(2)  If a public road, a public reserve or public channel land less than 40 metres wide is situated between land within an irrigation area occupied by different occupiers, the requirement for each occupier to control noxious weeds extends to noxious weeds located on that part of the road, reserve or channel land that is located between the boundary of the occupier’s land and the middle line of the road, reserve or channel land.
(3)  An occupier may enter a public road, a public reserve or public channel land at all reasonable times for the purpose of complying with this section.
(4)  In this section, road does not include a State highway, freeway, tollway or State work within the meaning of the Roads Act 1993.
18   Local control authority may require owners or occupiers of land (other than public authorities or other local control authorities) to control noxious weeds
(1)  A local control authority may, by notice (a weed control notice) given to an owner or occupier of land, require the owner or occupier to carry out any of the occupier’s obligations to control noxious weeds on that land as required under a weed control order.
(2)  The notice may specify the time (not being less than 14 days) within which action is to be taken.
(3)  A notice (an emergency weed control notice) may require compliance within a shorter time (not being less than 24 hours) if the notice relates to obligations under an emergency weed control order.
(4)  The local control authority may give a weed control notice only if satisfied that an occupier has failed to carry out any of his or her obligations under this Act to control noxious weeds.
(5)  A local control authority may by notice revoke or amend a weed control notice given by the authority.
(6)  A local control authority may not give a weed control notice to a public authority or another local control authority.
(7)  An owner of land who is not the occupier of the land may, at all reasonable times, and after giving reasonable notice to the occupier, enter the land for the purpose of complying with a weed control notice.
18A   Prior notice of weed control notice
(1)  A local control authority must give prior notice of a proposed weed control notice (other than an emergency weed control notice) to the owner or occupier to whom it is to be given.
(2)  The notice procedure is as follows:
(a)  the local control authority must give notice to the owner or occupier of the terms of the proposed notice and the period within which action must be taken,
(b)  the notice must specify a period (being not less than 7 days) within which submissions about the proposed notice may be made to the local control authority,
(c)  the local control authority must consider any submissions made by or on behalf of an owner or occupier,
(d)  the local control authority must determine whether to proceed with the proposed notice and, if proceeding, whether to change its terms.
(3)  A local control authority must, if practicable, give prior oral or written notice of an emergency weed control notice to the owner or occupier to whom it is to be given.
19   Owners and occupiers must comply with weed control notices by local control authority
An owner or occupier of land (other than a public authority or a local control authority) given a weed control notice by a local control authority, or a successor in title to the owner or occupier who has notice of the notice, must not fail to comply with the notice.
Maximum penalty: 100 penalty units.
20   Noxious weed control by local control authority after notice not complied with
(1)  A local control authority may control noxious weeds on land subject to a weed control order if the owner or occupier fails, or a predecessor in title to the owner or occupier has failed, to comply with a weed control notice given in accordance with sections 18 and 18A.
(2)  Persons authorised in writing by a local control authority may control noxious weeds on behalf of the local control authority under this section and may enter premises for that purpose.
Note.
 See Division 1 of Part 5 (sections 41–55) for provisions about powers of entry.
(3)  A local control authority must give not less than 24 hours’ notice of any proposed control of noxious weeds under this section to the owner or occupier of the land concerned, except where an emergency weed control notice has been given.
(4)  If an emergency weed control notice has been given, a local control authority must, if practicable, give prior oral or written notice to the owner or occupier of the land concerned of any proposed control of noxious weeds under this section.
21   Local control authority may recommend that weed control notice be given to a public authority
A local control authority may recommend to the Minister that a weed control notice be given by the Minister to a public authority or another local control authority.
22   Minister may require public authorities and local control authorities to control noxious weeds
(1)  The Minister may, by notice (a weed control notice) given to a public authority that is an occupier of land or a local control authority that is an owner or occupier of land, require the authority to carry out any of the obligations to control noxious weeds on that land as required under a weed control order that applies to the land.
(2)  The notice may specify the time (not being less than 14 days) within which action is to be taken.
(3)  A notice (an emergency weed control notice) may require compliance within a shorter time (not being less than 24 hours) if the notice relates to obligations under an emergency weed control order.
(4)  The Minister may give a weed control notice only if satisfied that a public authority or local control authority, or an occupier of land owned by a local control authority, has failed to carry out any of the authority’s or occupier’s obligations under this Act to control noxious weeds.
(5)  Before giving a weed control notice (other than an emergency weed control notice) to a public authority or local control authority, the Minister must consult with the authority as to the giving of the notice and its contents.
(6)  The Minister may by notice revoke or amend a weed control notice given by the Minister.
(7)  A public authority or a local control authority must comply with a weed control notice given to the authority by the Minister.
23   Noxious weed control by Minister after notice not complied with
(1)  The Minister may control noxious weeds on land subject to a weed control order and occupied by a public authority or owned or occupied by a local control authority if the authority fails, or a predecessor in title to the authority has failed, to comply with a weed control notice given in accordance with section 22.
(2)  Authorised officers may control noxious weeds on behalf of the Minister under this section and may enter premises for that purpose.
Note.
 See Division 1 of Part 5 (sections 41–55) for provisions about powers of entry.
(3)  Before controlling noxious weeds on land occupied by a public authority, the Minister must obtain the approval of the Premier.
(4)  The Minister must give not less than 24 hours’ notice of any proposed control of noxious weeds under this section to the public authority or local control authority concerned, except where an emergency weed control notice has been given.
(5)  If an emergency weed control notice has been given, the Minister must, if practicable, give prior oral or written notice of any proposed control of noxious weeds under this section to the public authority or local control authority concerned.
24   Appointment of weed control administrator for local control authority
(1)  The Minister may, by notice given to a local control authority, direct the authority to comply with or carry out or give effect to provisions of this Act within the period specified in the notice.
(2)  Before giving a direction to a local control authority, the Minister must consult with the authority as to the giving of the direction and its contents.
(3)  The Minister may, with the approval of the Minister administering the Local Government Act 1993, by order published in the Gazette, appoint a person as a weed control administrator for a local control authority specified in the order for the term specified in the order.
(4)  The Minister may make an order if:
(a)  a local control authority fails to comply with a direction under this section, or
(b)  the Minister is of the opinion that the local control authority has failed to comply with or carry into effect or enforce provisions of this Act.
(5)  A weed control administrator may exercise the following functions:
(a)  any or all of the functions of the local control authority under this Act, as specified in the order,
(b)  any necessary ancillary functions of the authority.
(6)  The remuneration of a weed control administrator, and other costs and expenses of the administrator in exercising functions as an administrator, are payable from the consolidated fund of the local control authority concerned with the approval of the Minister administering the Local Government Act 1993.
(7)  Without limiting any other powers of authorised officers under this Act, an authorised officer may exercise functions under Division 1 of Part 5 for the purposes of determining whether there are grounds for giving a direction under this section and ascertaining whether any such direction has been complied with.
25   Appeals against weed control notices issued by local control authorities
(1)  An owner or occupier of land may appeal to the Land and Environment Court against a weed control notice given to the owner or occupier by a local control authority.
(2)  An appeal must be made within the period (not being less than 7 days) specified in the notice or, if no period is so specified, within 28 days after the notice is given.
(3)  On hearing the appeal, the Court may:
(a)  amend or revoke the weed control notice, or
(b)  confirm the notice.
(4)  If an appeal is duly made to the Court against a notice, the operation of the notice is suspended pending the final determination of the appeal, unless the Court orders that the notice continues to have effect.
26   Expenses
(1) Liability for expenses Any reasonable expense incurred by or on behalf of the Minister or a local control authority in ascertaining whether a weed control notice has been complied with, and in taking action if it is not being complied with (including charges for any inspection of land), is payable by the person required to comply with the notice, on demand by the Minister or authority.
(2) Liability of local control authorities Any reasonable expense incurred by or on behalf of the Minister in ascertaining whether a direction given to a local control authority has been complied with (including charges for any inspection of land), is payable by the local control authority, on demand by the Minister.
(3) Recovery of expenses The amount of any expenses due and payable may be recovered by the Minister or the local control authority as a debt in a court of competent jurisdiction.
(4) Interest Interest on the amount of any unpaid expense, charged at the rate currently prescribed by the Supreme Court rules in respect of unpaid judgment debts, may be recovered by the Minister or local control authority from the person liable to comply with the weed control notice or direction concerned as a debt in a court of competent jurisdiction.
27   Notice of control of prohibited plants
(1)  A person (including the Minister and a local control authority) must give notice to the police officer in charge of the nearest police station and to an officer of the Department approved by the Director-General for the purposes of this section of any proposed action by the person to control any noxious weed that is a prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985.
(2)  The notice must give at least 24 hours’ notice and may be given orally or in writing.
(3)  The Director-General may by notice direct a person (including a local control authority) to use specified means and to take specified measures to control any noxious weed that is a prohibited plant.
(4)  A person (other than the Minister) must not take action to control a prohibited plant:
(a)  if the Director-General has directed the person that any such action not be commenced or is to be discontinued, or
(b)  if the action contravenes a direction by the Director-General to use specified means or to take specified measures to control the prohibited plant, or
(c)  unless the person has given notice in accordance with this section.
Maximum penalty: 50 penalty units.
Division 2 Offences related to notifiable weeds and other prescribed noxious weeds
28   Sale etc of certain weed material prohibited
(1)  A person (including a public authority) must not sell or purchase:
(a)  any notifiable weed material or other noxious weed material prescribed by the regulations, or
(b)  any animal or thing which has on it, or contains, notifiable weed material or other noxious weed material prescribed by the regulations,
knowing it to be, or to have on it or to contain, any such weed material.
(2)  An occupier of land (including a public authority) must not knowingly remove or cause to be removed from the land any animal or thing which has on it, or contains, notifiable weed material or other noxious weed material prescribed by the regulations.
(3)  Notifiable weed material:
(a)  in subsection (1) extends to a plant, or any seed or other part of a plant, that is a notifiable weed in any part of the State, and
(b)  in subsection (2) is limited to a plant, or any seed or other part of a plant, that is a notifiable weed in that part of the State that includes the land that is relevant for the purposes of that subsection.
Maximum penalty: 50 penalty units.
29   Sale of soil, turf or fodder from land with notifiable weeds prohibited
An occupier of land (including a public authority) must not use or permit the land to be used for the purpose of disposing of, transporting or selling soil, turf or fodder, if the occupier knows, or ought reasonably to know, that there is a plant on the land that is a notifiable weed in any part of the State.
Maximum penalty: 50 penalty units.
30   Scattering of certain weed material prohibited
(1)  A person must not scatter or cause to be scattered on any land or water any notifiable weed material or other noxious weed material prescribed by the regulations, knowing it to be such weed material.
Maximum penalty: 50 penalty units.
(2)  In this section, notifiable weed material is limited to a plant, or any seed or other part of a plant, that is a notifiable weed in that part of the State that includes the land that is relevant for the purposes of this section.
31   Machinery and equipment—spread of noxious weeds into NSW
(1)  The purpose of this section is to prevent the spread into New South Wales of notifiable weeds that are prevalent elsewhere in Australia.
Note.
 The principal notifiable weed concerned is parthenium weed.
(2)  This section applies to machinery or equipment:
(a)  that is of a kind declared, by order of the Minister published in the Gazette, to be machinery or equipment to which this section applies, and
(b)  that has already been used for the purpose for which it was manufactured,
being machinery or equipment that is brought into New South Wales from another State or a Territory.
(3)  The following provisions apply to any machinery or equipment to which this section applies:
(a)  The Minister is to make arrangements for inspectors to set up places at or near the borders of New South Wales at which machinery or equipment may be produced for inspection (being places set up on a regular basis or by special arrangement with a person bringing machinery or equipment into New South Wales). The machinery or equipment is to be brought into New South Wales at such a place and produced to an inspector without delay.
(b)  A declaration in duplicate must be lodged with an inspector at that place certifying that the machinery or equipment has been cleaned as required by the regulations (being a declaration signed by the person who cleaned the machinery or equipment).
(c)  An inspector at that place must inspect the machinery or equipment.
(d)  Following that inspection, the inspector is to sign a copy of the declaration and return it to the person in charge of the machinery or equipment, unless the inspector is not satisfied that the machinery or equipment has been cleaned as required by the regulations.
(e)  If the inspector is not satisfied that the machinery or equipment has been cleaned as required by the regulations, the machinery or equipment is not to be moved anywhere in New South Wales, without the approval of an inspector, until the inspector is so satisfied and has signed a copy of a declaration (referred to in paragraph (b)) lodged with the inspector. Until the inspector is so satisfied, the inspector may only approve of the movement of the machinery or equipment to an appropriate place to be cleaned or for its return to the State or Territory concerned.
(f)  A copy of the declaration signed by the inspector must accompany the machinery or equipment while it is in New South Wales (but only for the period of 12 months after the machinery or equipment was last brought into New South Wales).
(4)  A person who moves, or permits the movement of, machinery or equipment within New South Wales, knowing that subsection (3) has been contravened in relation to the machinery or equipment, is guilty of an offence.
Maximum penalty: 50 penalty units.
(5)  A person who, for the purposes of this section, lodges a declaration with an inspector that the person knows, or ought reasonably to know, is false or misleading in a material particular is guilty of an offence.
Maximum penalty: 50 penalty units.
(6)  An inspector may:
(a)  stop and inspect machinery or equipment that the inspector reasonably suspects to have been moved in New South Wales in contravention of subsection (3), and
(b)  require any such machinery or equipment to be cleaned as required by the regulations under subsection (3) if the inspector reasonably suspects that it contains notifiable weed material.
(7)  The person in charge of machinery or equipment that is required under subsection (3) to be accompanied by a copy of a declaration must, on demand by an inspector, produce for inspection the copy of the declaration.
Maximum penalty: 20 penalty units.
(8)  In this section, inspector includes a border inspector or an authorised officer.
32   Use of machinery or equipment
A person must not knowingly transport or move or use machinery or equipment that has on or in it a plant that is a notifiable weed in any part of the State.
Maximum penalty: 20 penalty units.
32A   Exemptions relating to weeds notifiable only on Lord Howe Island
(1)  The Minister may, by order published in the Gazette, exempt:
(a)  a person or class of persons, or
(b)  premises, machinery or equipment,
from the operation in any part of the State other than Lord Howe Island of section 28 (1), 29, 32 or 40 in relation to a plant, or any seed or other part of a plant, that is a Class 2 noxious weed only on Lord Howe Island (and not elsewhere in the State).
(2)  An exemption is subject to such conditions, if any, as may be specified in the order.
(3)  An order commences on the day it is published in the Gazette or on such later day as may be specified in the order.