Contents (1993 - 11)
Noxious Weeds Act 1993 No 11
Part 7 Miscellaneous
64 Certificate as to weed control notices, expenses and charges on land
(1) A person may apply to a local control authority for a certificate as to weed control notices affecting particular land and as to any outstanding expenses payable to the authority or any resulting charge on the land.(2) The application is to be in the approved form and is to be accompanied by the fee approved by the local control authority, being a fee not exceeding the maximum amount (if any) prescribed by the regulations.(3) On an application being made in accordance with this section, the local control authority is to issue a certificate to the applicant stating the following matters:(a) whether there are in force any weed control notices issued by or on behalf of the authority or the Minister that affect the land,(b) the amounts of expenses due or payable to the authority under this Act in connection with any weed control notice given by the authority that affects the land and any subsequent action to control noxious weeds taken by the authority,(c) whether the land is subject to any charge arising out of the control of noxious weeds and the amount of any such charge.(4) The production of the certificate is taken for all purposes to be conclusive proof in favour of a purchaser for value in good faith of the matters certified.
64A Protection of emergency actions
(1) The Minister may, by order published in the Gazette, declare:(a) that a notifiable weed emergency affects a specified part or the whole of New South Wales or there is a likelihood that such an emergency is imminent in New South Wales, and(b) that it is necessary to make orders or take other actions under this Act (emergency actions) to control the notifiable weed concerned, and(c) the specified period (the emergency period) during which emergency actions are required to be taken to enable effective control of the notifiable weed.(2) A court must not issue an interim injunction, make any other interim order or give any other interim relief having the effect of preventing, restricting or deferring any emergency action or anything authorised or required to be done pursuant to an emergency action during the emergency period.(3) An order under this section takes effect on publication or on such later day as is specified in the order.(4) This section does not prevent a court from making a permanent injunction or other final order in any proceedings at any time.
65 Disputes between Minister and public authority
(1) If a dispute arises between the Minister and the Minister responsible for a public authority or a local control authority in connection with a weed control notice given to the authority, or a direction given to a local control authority, by the Minister under this Act, a party to the dispute may submit the dispute to the Premier for settlement.(2) On submission of a dispute to the Premier, the Premier may hold an inquiry into the dispute and may make such decision about the dispute as the Premier thinks fit, having regard to the public interest and the circumstances.(3) A Minister or public authority or local control authority must comply with a decision of the Premier under this section and for that purpose is empowered to do so, despite the provisions of this or any other Act.
66 Delegation by Minister
The Minister may delegate to a person any of the Minister’s functions under this Act other than this power of delegation and the Minister’s functions with respect to public authorities and local control authorities under sections 22, 23 and 24.
67 Delegation by Director-General
(1) The Director-General may delegate to a person any of the Director-General’s functions under this Act other than this power of delegation and the Director-General’s functions with respect to public authorities and local control authorities under section 27.(2) The Director-General may delegate to a person any functions delegated to the Director-General by the Minister under this Act.
68 Delegation by local control authorities
A local control authority may delegate to a person any of the local control authority’s functions under this Act (other than this power of delegation) but only under this power of delegation.Note.Accordingly, a council may not delegate any of its functions as a local control authority under this Act under the council’s power of delegation under the Local Government Act 1993.
69 Arrangements by local control authorities
A local control authority may enter into agreements or other arrangements with another person or body to exercise all or any, or to assist in the exercise of all or any, of the authority’s functions under this Act or the regulations.
70 Protection from liability
(1) No matter or thing done or omitted to be done by:(a) the Minister, or(b) the Director-General, or(c) a local control authority, or(d) an inspector, or(e) an authorised officer, or(f) a member of an advisory committee, orif the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subjects any such person, or the Crown, to any action, liability, claim or demand.(g) a person acting under the direction of the Minister, a local control authority, an inspector, an authorised officer or an advisory committee,(2) No proceedings in any court may be brought against the Minister, a local control authority or a public authority, or a person acting under the direction of the Minister or an authority, for an order to remedy or restrain a breach or a threatened or apprehended breach of this Act by the Minister, authority or person as an occupier of land or in any other capacity under this Act.(3) Subsection (2) applies to any action, whether brought under the inherent jurisdiction of a court or under any Act or other law.
71 How notice is to be given under this Act
(1) A notice under this Act is to be given in writing either personally or by post or in any other manner permitted by this section.(2) A notice under this Act concerning particular land may also be given:(a) by fixing a notice addressed to the occupier, either by name or as the occupier, on a conspicuous part of the land or any building or other structure on the land, or(b) if the address of the owner or occupier is unknown, publishing the notice in a newspaper circulating in the local area.(3) A notice served by post on a person for the purposes of this Act is to be treated as being properly addressed if it is addressed to the last known address of the person known to the person or body giving the notice.
72 Description of land in notices under this Act
Land is sufficiently described in a notice given under this Act if the description of the land allows no reasonable doubt as to the land to which the notice relates.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the regulations may make provision for or with respect to the following matters:(a) the means, measures or methods, whether mechanical, chemical or otherwise, to be taken or used for or with respect to the control of noxious weeds or to be specified for that purpose in weed control notices,(b) the fees or charges payable for services provided under this Act or the regulations.(3) The regulations may create offences punishable by a penalty not exceeding 5 penalty units.
74 Savings, transitional and other provisions
Schedule 2 has effect.
76 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act and at the end of each further period of 5 years (starting with the 5-year period commencing on 1 June 2005).(3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of each period of 5 years.