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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Repealed version for 4 June 2015 to 30 June 2017 (accessed 22 July 2017 at 20:44)
Part 4 Division 2
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.