You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (1993 - 11)
Noxious Weeds Act 1993 No 11
Repealed version for 4 June 2015 to 30 June 2017 (accessed 21 October 2017 at 19:46)
Part 3 Division 2
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.