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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Repealed version for 4 June 2015 to 30 June 2017 (accessed 28 July 2017 at 08:38)
Part 6
Part 6 Enforcement provisions
59   Recovery of charges and fees
Any charge or fee due and payable under this Act and which remains unpaid may be recovered as a debt in a court of competent jurisdiction.
60   Expenses to be charged on land
(1)  Any expenses payable by an owner or occupier of land to a local control authority in connection with a weed control notice and subsequent control of noxious weeds on the land are a charge on the land.
(2)  The charge ranks on an equal footing with a charge on the land under any other Act but takes priority over any other charge or encumbrance.
(3)  The charge does not affect:
(a)  the estate of the Crown in land owned by the Crown, or
(b)  the estate of a Crown lessee if the lease is granted after the expenses were incurred.
(4)  The charge does not affect a purchaser for value in good faith who made due inquiry at the time of purchase but had no notice of the liability. A purchaser who has obtained a certificate under section 64 is taken to have made due inquiry.
(5)  The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
61   Proceedings for offences
(1)  Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
(2)  Any such proceedings must be commenced not later than 2 years from when the offence was alleged to have been committed.
62   Offences by corporations
(1)  If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director or is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(1A)  Subsection (1) does not apply in respect of a contravention of section 54 (1) or (2).
(2)  A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or convicted.
(3)  This section does not affect any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
(4)  Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a corporation (while acting in his or her capacity as such) had, at any particular time, a particular intention, is evidence that the corporation had that intention at that time.
63   Penalty notices for certain offences
(1)  An inspector or authorised officer may serve a penalty notice on a person if it appears to the inspector or authorised officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations for the purposes of this section.
(2)  A penalty notice is a notice to the effect that, if the person served does not wish to have the matter dealt with by a court, the person may pay, within the time and to the person specified in the notice, the penalty prescribed by the regulations for the offence if dealt with under this section.
(3)  If the penalty prescribed for an alleged offence is paid in accordance with this section, no person is liable to any further proceedings for the alleged offence.
(4)  Payment in accordance with this section is not to be regarded as an admission of liability for the purposes of, and is not in any way to affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
(5)  The regulations:
(a)  may prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b)  may prescribe the penalty payable for the offence if dealt with under this section, and
(c)  may prescribe different penalties for different offences or classes of offences.
(6)  The penalty prescribed for an offence is not to exceed 2 penalty units.
(7)  This section does not limit the operation of this or any other Act in relation to proceedings that may be taken in respect of offences.