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Contents (1993 - 11)
Noxious Weeds Act 1993 No 11
Repealed version for 4 June 2015 to 30 June 2017 (accessed 23 October 2017 at 11:25)
Part 4
Part 4 General noxious weed control functions of Minister and local authorities
Division 1 Minister
33   Minister’s noxious weed control functions
The Minister has the following noxious weed control functions:
(a)  responsibility for the control of noxious weeds in the State,
(b)  the declaration and classification of noxious weeds,
(c)  the control of noxious weeds, if authorised to do so under this Act or if the Minister thinks it appropriate to do so in the circumstances,
(d)  the making of grants of money, out of money appropriated by Parliament, to assist public authorities, local control authorities and trustees of commons or reserves in carrying out their obligations under this Act or to further the objects of this Act,
(e)  any other functions that are conferred or imposed on the Minister by or under this Act.
34   Minister may permit growing of noxious weeds and other things
(1)  The Minister may permit a person or body to have, transport or grow a noxious weed or to carry out any other activity in relation to a noxious weed for the purposes of research or for other purposes specified by the Minister.
(2)  The Minister may permit an occupier of land to use or permit the land to be used for the purpose of disposing of, transporting or selling soil, turf or fodder, even though there is or may be a notifiable weed on the land.
(3)  A permission under this section is to be given in writing and may be given subject to conditions.
(4)  Despite any other provision of this Act, a person or body or occupier may carry out any activity permitted by this section in accordance with the written permission of the Minister.
(5)  In this section, noxious weed includes noxious weed material.
34A   Minister may declare quarantine area
(1)  The Minister may, by order, declare land described in the order to be a quarantine area for the purpose of controlling, or preventing the dispersal of, any specified kind of Class 1 or 2 noxious weeds that are present on the land or that the Minister considers are reasonably likely to spread to the land.
(2)  Before making an order under this section, the Minister must consult with the Ministers responsible for any public authorities having functions that are exercisable on or in respect of the land that is to be subject to the order.
(3)  Land can be declared to be a quarantine area for a kind of Class 1 or 2 noxious weed even though it is already a quarantine area for another kind of Class 1 or 2 noxious weed.
(4)  An order must state the purpose of the quarantine and may:
(a)  prohibit or restrict the movement of people, animals and things (such as vehicles and machinery) into, out of and within the quarantine area, and
(b)  specify conditions subject to which people may move and animals and things may be moved into, out of or within that area, and
(c)  without limiting paragraph (a) or (b), require movements of people, animals or things into or out of that area to be made only at specified entry or exit points, and
(d)  authorise the erection of fencing and gates across roads within that area for the purpose of regulating the movement of vehicles or animals, and
(e)  close any road within that area in order to regulate or prevent the passage of vehicles or animals, and
(f)  specify other steps to be taken for the purpose of promoting the control, or preventing the dispersal, of the weed concerned.
(5)  An order declaring land to be a quarantine area must be published in a newspaper circulating in the area in which the land is located. However, if the Minister considers that the order is urgently required, the order may be published on the Department’s internet website.
(5A)  If an order is published in accordance with subsection (5) on the Department’s internet website, the Minister is to publish the order as soon as practicable in a newspaper circulating in the area in which the land is located.
(5B)  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.
(6)  An order remains in force for 12 months or such shorter period as is specified in the order. However, in the case of land that is already the subject of an order, the Minister may make a further order that is to have effect as soon as the existing order ceases to have effect.
(7)  Any person who, without reasonable excuse, contravenes a requirement imposed on the person by an order, or a direction given to the person under the authority of an order, is guilty of an offence.
Maximum penalty (subsection (7)): 100 penalty units.
34B   Powers to stop and search vehicles in respect of quarantine areas
(1)  At any place on or near the boundary of a quarantine area, an inspector may display a traffic sign directing drivers of approaching vehicles to stop their vehicles. A sign must be of a kind prescribed by the regulations and be displayed so as to be clearly visible to the drivers of approaching vehicles.
(2)  The driver of a vehicle approaching a traffic sign displayed in accordance with subsection (1) must:
(a)  ensure that the vehicle stops within a reasonable distance of the sign, and
(b)  ensure that the vehicle remains stationary so as to enable the inspector to exercise the inspector’s powers with respect to the vehicle.
Maximum penalty: 20 penalty units.
(3)  An inspector may, for the purpose of ascertaining whether a vehicle referred to in subsection (2) is contaminated with a relevant kind of noxious weed:
(a)  inspect, enter and search the vehicle and any of its accessories, and
(b)  open any door or opening of, or remove any covering from, the vehicle or require the driver of the vehicle to do any of those things, and
(c)  take from the vehicle for analysis or further examination samples of any vegetable matter that the inspector reasonably suspects to be a noxious weed of that kind.
(4)  In this section:
driver of a vehicle includes the person in charge of the vehicle if that person is not the driver and also includes the rider of the vehicle in the case of a vehicle such as a motor cycle.
inspector includes an authorised officer.
place includes a road (whether public or private).
relevant kind of noxious weed means a noxious weed of the kind the presence of which gave rise to the declaration of the quarantine area concerned.
vehicle means any device that is designed to be driven or ridden by a person and is propelled by human or animal power or by an engine, and includes a boat.
Division 2 Local control authorities
35   What are the local control authorities?
(1)  The local control authority for land within a local government area is the council of the local government area or, if noxious weed control functions for that area have been conferred on a county council under any other Act, the county council having those functions.
(2)  The local control authority for land within the Western Division that is not within a local government area is the Western Lands Commissioner.
(3)  The local control authority for land within Lord Howe Island is the Lord Howe Island Board.
36   Noxious weed control functions of local control authorities
A local control authority has the following noxious weed control functions in relation to the area for which it is the local control authority (the local area):
(a)  responsibility for the control of noxious weeds by occupiers of land (other than public authorities or local control authorities),
(b)  control of noxious weeds on land owned or occupied by the local control authority and on certain roads and watercourses, rivers or inland waters as provided by this Act,
(c)  to ensure, so far as practicable, that owners and occupiers of land (other than public authorities or other local control authorities) carry out obligations to control noxious weeds imposed under this Act,
(d)  to develop, implement, co-ordinate and review noxious weed control policies and noxious weed control programs,
(e)  inspection of land within the local area in connection with its noxious weed control functions,
(f)  to report, at the request of the Minister, on the carrying out of the local control authority’s functions under this Act,
(g)  to co-operate with local control authorities of adjoining areas to control noxious weeds, where appropriate,
(h)  any other functions that are conferred or imposed on the local control authority by or under this Act.
36A   Temporary restrictions during noxious weed control
(1)  The purpose of this section is to enable a local control authority to impose temporary restrictions:
(a)  to enable control measures for noxious weeds to be undertaken in accordance with this Act, or
(b)  to protect people and animals from risks to their health and safety arising from measures taken to control noxious weeds in accordance with this Act.
(2)  A local control authority may require the owner or occupier of land to remove any animals from any part of the land and to prevent animals from entering any part of the land for a specified period. This subsection applies only if the authority is acting under section 20 because a weed control notice has not been complied with.
(3)  A local control authority may temporarily close or obstruct public or private roads (other than any State highway, freeway, tollway or State work within the meaning of the Roads Act 1993) while measures to control noxious weeds are being taken on land adjacent to those roads.
(4)  A local control authority may temporarily close to navigation, or obstruct navigation in, any waters while measures to control noxious weeds are being taken in those waters.
(5)  A local control authority may erect notices to warn people not to enter on, or remain on, any land on which measures are being taken to control noxious weeds.
(6)  An inspector appointed by a local control authority may give such directions, or take such steps, as are necessary in order to enable the local authority to exercise its functions under this section.
37   Record keeping obligations of local control authorities
(1)  A local control authority must monitor the presence of noxious weeds in its local area and keep records of the following matters:
(a)  the presence and distribution of noxious weeds in the local area,
(b)  the implementation of the authority’s weed control policy and weed control programs,
(c)  any other matters prescribed by the regulations.
(2)  A local control authority must, if required to do so by the Director-General, report to the Director-General on the presence and distribution of noxious weeds in the local area and on its weed control policy and weed control programs and their implementation.
38   Powers related to aquatic weeds
(1)    (Repealed)
(2)  A local control authority may, on the application of an occupier of land, and after considering any objections, drain a swamp on the land for the purpose of the control of noxious weeds under this Act.
39   Noxious weed control functions of inspectors
An inspector has the following noxious weed control functions in relation to the local area of the local control authority that appointed the inspector:
(a)  to inspect land and any other premises for the presence of noxious weed material,
(b)  to advise as to the presence of noxious weed material and as to the means of controlling those weeds,
(c)  to report to the local control authority on noxious weeds and noxious weed control,
(d)  any other functions that are conferred or imposed on inspectors by or under this Act or by the local control authority.
40   Further powers in relation to notifiable weed material
An inspector who has reasonable cause to suspect that a plant, or any seed or other part of a plant, that is a notifiable weed in any part of the State is or may be present in machinery or equipment may require the person apparently in charge of the machinery or equipment to treat the machinery or equipment immediately, in the manner specified by the inspector, to remove any such plant, or seed or other part of a plant.