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Contents (1993 - 11)
Noxious Weeds Act 1993 No 11
Repealed version for 4 June 2015 to 30 June 2017 (accessed 22 November 2017 at 14:39)
Part 4 Division 1
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.