28Sale etc of certain weed
material prohibited
(1)
A person (including a public authority) must not
sell or purchase:
(a)
any notifiable weed material or other noxious
weed material prescribed by the regulations, or
(b)
any animal or thing which has on it, or contains,
notifiable weed material or other noxious weed material prescribed by the
regulations,
knowing it to be, or to have on it or to contain, any
such weed material.
(2)
An occupier of land (including a public
authority) must not knowingly remove or cause to be removed from the land any
animal or thing which has on it, or contains, notifiable weed material or
other noxious weed material prescribed by the
regulations.
(3)
Notifiable weed material:
(a)
in subsection (1) extends to the weed material of
a weed that is a notifiable weed in any part of the State,
and
(b)
in subsection (2) is limited to the weed material
of a weed that is a notifiable weed in that part of the State that includes
the land that is relevant for the purposes of that
subsection.
Maximum penalty: 50 penalty
units.
s 28: Am 1994 No 32,
Sch 1.
31Agricultural
machines—spread of noxious weeds into NSW
(1)
The purpose of this section is to prevent the
spread into New South Wales of notifiable weeds that are prevalent in
Queensland.
Note—
The principal notifiable weed concerned is
parthenium weed.
(2)
This section applies to agricultural
machines:
(a)
that are of a kind declared, by order of the
Minister published in the Gazette, to be agricultural machines to which this
section applies, and
(b)
that have already been used for the purpose for
which the machines were manufactured,
being agricultural machines that are brought into New
South Wales from Queensland.
(3)
The following provisions apply to any
agricultural machine to which this section applies:
(a)
The Minister is to make arrangements for
inspectors to set up places at or near the border of New South Wales and
Queensland at which machines may be produced for inspection (being places set
up on a regular basis or by special arrangement with a person bringing a
machine into New South Wales). The machine is to be brought into New South
Wales at that place and produced to an inspector without
delay.
(b)
A declaration in duplicate must be lodged with an
inspector at that place certifying that the machine has been inspected and
cleaned as required by the regulations (being a declaration signed by the
person who inspected and cleaned the machine).
(c)
An inspector at that place must inspect the
machine.
(d)
Following that inspection, the inspector is to
sign a copy of the declaration and return it to the person in charge of the
machine, unless the inspector is not satisfied that the machine has been
cleaned as required by the regulations.
(e)
If the inspector is not satisfied that the
machine has been cleaned as required by the regulations, the machine is not to
be moved anywhere in New South Wales, without the approval of an inspector,
until the inspector is so satisfied and has signed a copy of a declaration
(referred to in paragraph (b)) lodged with the inspector. Until the inspector
is so satisfied, the inspector may only approve of the movement of the machine
to an appropriate place to be cleaned or for its return to
Queensland.
(f)
A copy of the declaration signed by the inspector
must accompany the machine while it is in New South Wales (but only for the
period of 12 months after the machine was last brought into New South
Wales).
(4)
A person who moves, or permits the movement of,
an agricultural machine within New South Wales, knowing that subsection (3)
has been contravened in relation to the machine, is guilty of an
offence.
Maximum penalty: 50 penalty
units.
(5)
A person who, for the purposes of this section,
lodges a declaration with an inspector that the person knows, or ought
reasonably to know, is false or misleading in a material particular is guilty
of an offence.
Maximum penalty: 50 penalty
units.
(6)
An inspector may:
(a)
stop and inspect an agricultural machine that the
inspector reasonably suspects to have been moved in New South Wales in
contravention of subsection (3), and
(b)
require any such agricultural machine to be
cleaned as required by the regulations under subsection (3) if the inspector
reasonably suspects that it contains notifiable weed
material.
(7)
The person in charge of an agricultural machine
that is required under subsection (3) to be accompanied by a copy of a
declaration must, on demand by an inspector, produce for inspection the copy
of the declaration.
Maximum penalty: 20 penalty
units.
(8)
In this section, inspector includes a border
inspector or an authorised officer.
s 31: Am 1995 No 16,
Sch 1. Subst 1997 No 70, Sch 1 [1].