Division 1Action to control noxious
weeds
12Private occupiers of land must
control noxious weeds on land
An occupier (other than a public authority or a
local control authority) of land to which a weed control order applies must
control noxious weeds on the land as required under the order.
Maximum penalty: 40 penalty
units.
Note—
If an occupier fails to comply with obligations
under a weed control order, those obligations may be enforced against the
owner of the land as well as the occupier by a weed control notice issued
under section 18.
ss 12–14: Subst
2005 No 29, Sch 1 [3].
13Public authorities’
obligations to control noxious weeds on own land
(1)
A public authority that is an occupier of land to
which a weed control order applies must control noxious weeds on the land as
required under the order, to the extent necessary to prevent the weeds from
spreading to adjoining land.
(2)
A public authority must provide information as to
the name and contact details of an occupier of land owned by the public
authority to the relevant local control authority, if the land is subject to a
weed control order.
ss 12–14: Subst
2005 No 29, Sch 1 [3].
14Local control
authorities’ obligations to control noxious weeds on own
land
(1)
A local control authority that is an occupier of
land subject to a weed control order must control noxious weeds on the land as
required under the order.
(2)
A local control authority must control noxious
weeds on any road (other than a freeway, tollway or State work within the
meaning of the Roads Act 1993) in
the local area of the authority that is subject to a weed control order as
required under the order.
(3)
The obligation to control noxious weeds on a road
is a joint obligation with any occupier required to control the weeds under
section 17 or 17B.
ss 12–14: Subst
2005 No 29, Sch 1 [3].
15Occupiers of land must notify
local control authority of notifiable weeds
An occupier of land (other than a local control
authority) on which there is a notifiable weed must notify the local control
authority for the land of that fact within 3 days after becoming aware that
the notifiable weed is on the land.
Maximum penalty (for an occupier other than a
public authority): 20 penalty units.
s 15: Subst 1994 No
32, Sch 1.
16Evidence of knowledge of
notifiable weeds
For the purpose of proving in any prosecution
under section 15 (1) that an occupier of land was aware that a notifiable weed
was located on the land, if it is proved that the occupier or an employee of
the occupier or other person using the land ought reasonably to have known
that a notifiable weed was located on the land, that is evidence that the
occupier was aware that it was on the land.
17Obligations to control noxious
weeds on roads
(1)
An obligation imposed under this Act on an
occupier of land to control noxious weeds on that land also extends to noxious
weeds on:
(a)
any part of a road that intersects the land, not
being part of the road that is fenced on both sides, and
(b)
the half of the width of any part of a road that
forms part of the boundary of the land, not being a part of the road that is
fenced on both sides, and
(c)
any part of a road that forms part of the
boundary of the land, being a part of the road that is not fenced on the side
forming part of the boundary but is fenced on the other
side.
(2)
An occupier may enter a road at all reasonable
times for the purpose of complying with this section.
(3)
In this section, road does not include a State
highway, freeway, tollway or State work within the meaning of the Roads Act 1993.
(4)
This section does not apply to a road referred to
in section 17B.
s 17: Subst 2005 No
29, Sch 1 [4].
17AObligations to control aquatic
weeds
(1)
If the land of an occupier is situated on
opposite sides of a watercourse, river or inland water (tidal or non-tidal),
an obligation under this Act for the occupier to control noxious weeds on that
land also extends to noxious weeds located on the land between those
sides.
(2)
If a watercourse, river or inland water (tidal or
non-tidal) is situated between land occupied by different occupiers, an
obligation under this Act for each occupier to control noxious weeds extends
to weeds located on the land between the boundary of the land and any
“give and take” fence erected to define the boundary of the land
or, if there is no such fence, to the middle line of the watercourse, river or
inland water.
(3)
An occupier may enter a watercourse, river or
inland water for the purpose of complying with this
section.
(4)
A local control authority may exempt the whole or
part of a watercourse, river or inland water in its local area from the
operation of subsection (1) or (2), or both, if, in its opinion, the depth or
width of the watercourse, river or inland water is such that, in the
circumstances, it would be unreasonable to apply the provisions
concerned.
(5)
The Director-General may, by order published in
the Gazette, exempt an occupier, a noxious weed or the whole or part of a
watercourse, river or inland water, from the operation of subsection (1) or
(2), or both.
(6)
The Minister may, in a weed control order, exempt
an occupier, a noxious weed or the whole or part of a watercourse, river or
inland water, from the operation of subsection (1) or (2), or
both.
(7)
A local control authority is to be responsible
for the control of noxious weeds located on a watercourse, river or inland
water in its local area if, because of an exemption under this section,
subsection (1) or (2), or both, do not apply to the control of those
weeds.
Note—
Under section 69, a local control authority may
enter into agreements with another person or body to exercise functions of the
authority under this Act.
(8)
This section does not apply to land referred to
in section 17B.
s 17A: Ins 2005 No
29, Sch 1 [4].
17BObligations to control noxious
weeds in irrigation areas
(1)
An obligation imposed under this Act on an
occupier of land within an irrigation area to control noxious weeds on that
land also extends to noxious weeds on:
(a)
any part of a public road, a public reserve or
public channel land that intersects the occupier’s land, or forms part
of its boundary and is within 20 metres from the boundary of the land,
and
(b)
any part of a watercourse, river or inland water
(tidal or non-tidal) situated on the land.
(2)
If a public road, a public reserve or public
channel land less than 40 metres wide is situated between land within an
irrigation area occupied by different occupiers, the requirement for each
occupier to control noxious weeds extends to noxious weeds located on that
part of the road, reserve or channel land that is located between the boundary
of the occupier’s land and the middle line of the road, reserve or
channel land.
(3)
An occupier may enter a public road, a public
reserve or public channel land at all reasonable times for the purpose of
complying with this section.
(4)
In this section, road does not include a State
highway, freeway, tollway or State work within the meaning of the Roads Act 1993.
s 17B: Ins 2005 No
29, Sch 1 [4].
18Local control authority may
require owners or occupiers of land (other than public authorities or other
local control authorities) to control noxious weeds
(1)
A local control authority may, by notice (a
weed
control notice) given to an owner or occupier of land,
require the owner or occupier to carry out any of the occupier’s
obligations to control noxious weeds on that land as required under a weed
control order.
(2)
The notice may specify the time (not being less
than 14 days) within which action is to be taken.
(3)
A notice (an emergency
weed control notice) may require compliance within a shorter
time (not being less than 24 hours) if the notice relates to obligations under
an emergency weed control order.
(4)
The local control authority may give a weed
control notice only if satisfied that an occupier has failed to carry out any
of his or her obligations under this Act to control noxious
weeds.
(5)
A local control authority may by notice revoke or
amend a weed control notice given by the authority.
(6)
A local control authority may not give a weed
control notice to a public authority or another local control
authority.
(7)
An owner of land who is not the occupier of the
land may, at all reasonable times, and after giving reasonable notice to the
occupier, enter the land for the purpose of complying with a weed control
notice.
s 18: Subst 2005 No
29, Sch 1 [4].
18APrior notice of weed control
notice
(1)
A local control authority must give prior notice
of a proposed weed control notice (other than an emergency weed control
notice) to the owner or occupier to whom it is to be
given.
(2)
The notice procedure is as follows:
(a)
the local control authority must give notice to
the owner or occupier of the terms of the proposed notice and the period
within which action must be taken,
(b)
the notice must specify a period (being not less
than 7 days) within which submissions about the proposed notice may be made to
the local control authority,
(c)
the local control authority must consider any
submissions made by or on behalf of an owner or occupier,
(d)
the local control authority must determine
whether to proceed with the proposed notice and, if proceeding, whether to
change its terms.
(3)
A local control authority must, if practicable,
give prior oral or written notice of an emergency weed control notice to the
owner or occupier to whom it is to be given.
s 18A: Ins 2005 No
29, Sch 1 [4].
19Owners and occupiers must
comply with weed control notices by local control
authority
An owner or occupier of land (other than a public
authority or a local control authority) given a weed control notice by a local
control authority, or a successor in title to the owner or occupier who has
notice of the notice, must not fail to comply with the notice.
Maximum penalty: 100 penalty
units.
s 19: Am 2005 No 29,
Sch 1 [5].
20Noxious weed control by local
control authority after notice not complied with
(1)
A local control authority may control noxious
weeds on land subject to a weed control order if the owner or occupier fails,
or a predecessor in title to the owner or occupier has failed, to comply with
a weed control notice given in accordance with sections 18 and
18A.
(2)
Persons authorised in writing by a local control
authority may control noxious weeds on behalf of the local control authority
under this section and may enter premises for that purpose.
Note—
See Division 1 of Part 5 (sections 41–55)
for provisions about powers of entry.
(3)
A local control authority must give not less than
24 hours’ notice of any proposed control of noxious weeds under this
section to the owner or occupier of the land concerned, except where an
emergency weed control notice has been given.
(4)
If an emergency weed control notice has been
given, a local control authority must, if practicable, give prior oral or
written notice to the owner or occupier of the land concerned of any proposed
control of noxious weeds under this section.
s 20: Subst 2005 No
29, Sch 1 [6].
21Local control authority may
recommend that weed control notice be given to a public
authority
A local control authority may recommend to the
Minister that a weed control notice be given by the Minister to a public
authority or another local control authority.
22Minister may require public
authorities and local control authorities to control noxious
weeds
(1)
The Minister may, by notice (a weed control notice) given to a
public authority that is an occupier of land or a local control authority that
is an owner or occupier of land, require the authority to carry out any of the
obligations to control noxious weeds on that land as required under a weed
control order that applies to the land.
(2)
The notice may specify the time (not being less
than 14 days) within which action is to be taken.
(3)
A notice (an emergency
weed control notice) may require compliance within a shorter
time (not being less than 24 hours) if the notice relates to obligations under
an emergency weed control order.
(4)
The Minister may give a weed control notice only
if satisfied that a public authority or local control authority, or an
occupier of land owned by a local control authority, has failed to carry out
any of the authority’s or occupier’s obligations under this Act to
control noxious weeds.
(5)
Before giving a weed control notice (other than
an emergency weed control notice) to a public authority or local control
authority, the Minister must consult with the authority as to the giving of
the notice and its contents.
(6)
The Minister may by notice revoke or amend a weed
control notice given by the Minister.
(7)
A public authority or a local control authority
must comply with a weed control notice given to the authority by the
Minister.
ss 22–26: Subst
2005 No 29, Sch 1 [7].
23Noxious weed control by
Minister after notice not complied with
(1)
The Minister may control noxious weeds on land
subject to a weed control order and occupied by a public authority or owned or
occupied by a local control authority if the authority fails, or a predecessor
in title to the authority has failed, to comply with a weed control notice
given in accordance with section 22.
(2)
Authorised officers may control noxious weeds on
behalf of the Minister under this section and may enter premises for that
purpose.
Note—
See Division 1 of Part 5 (sections 41–55)
for provisions about powers of entry.
(3)
Before controlling noxious weeds on land occupied
by a public authority, the Minister must obtain the approval of the
Premier.
(4)
The Minister must give not less than 24
hours’ notice of any proposed control of noxious weeds under this
section to the public authority or local control authority concerned, except
where an emergency weed control notice has been given.
(5)
If an emergency weed control notice has been
given, the Minister must, if practicable, give prior oral or written notice of
any proposed control of noxious weeds under this section to the public
authority or local control authority concerned.
ss 22–26: Subst
2005 No 29, Sch 1 [7].
24Appointment of weed control
administrator for local control authority
(1)
The Minister may, by notice given to a local
control authority, direct the authority to comply with or carry out or give
effect to provisions of this Act within the period specified in the
notice.
(2)
Before giving a direction to a local control
authority, the Minister must consult with the authority as to the giving of
the direction and its contents.
(3)
The Minister may, with the approval of the
Minister administering the Local Government
Act 1993, by order published in the Gazette, appoint a
person as a weed control administrator for a local control authority specified
in the order for the term specified in the order.
(4)
The Minister may make an order if:
(a)
a local control authority fails to comply with a
direction under this section, or
(b)
the Minister is of the opinion that the local
control authority has failed to comply with or carry into effect or enforce
provisions of this Act.
(5)
A weed control administrator may exercise the
following functions:
(a)
any or all of the functions of the local control
authority under this Act, as specified in the order,
(b)
any necessary ancillary functions of the
authority.
(6)
The remuneration of a weed control administrator,
and other costs and expenses of the administrator in exercising functions as
an administrator, are payable from the consolidated fund of the local control
authority concerned with the approval of the Minister administering the
Local Government Act
1993.
(7)
Without limiting any other powers of authorised
officers under this Act, an authorised officer may exercise functions under
Division 1 of Part 5 for the purposes of determining whether there are grounds
for giving a direction under this section and ascertaining whether any such
direction has been complied with.
ss 22–26: Subst
2005 No 29, Sch 1 [7].
25Appeals against weed control
notices issued by local control authorities
(1)
An owner or occupier of land may appeal to the
Land and Environment Court against a weed control notice given to the owner or
occupier by a local control authority.
(2)
An appeal must be made within the period (not
being less than 7 days) specified in the notice or, if no period is so
specified, within 28 days after the notice is given.
(3)
On hearing the appeal, the Court may:
(a)
amend or revoke the weed control notice,
or
(b)
confirm the notice.
(4)
If an appeal is duly made to the Court against a
notice, the operation of the notice is suspended pending the final
determination of the appeal, unless the Court orders that the notice continues
to have effect.
ss 22–26: Subst
2005 No 29, Sch 1 [7].
26Expenses
(1)Liability for
expenses
Any reasonable expense incurred by or on behalf
of the Minister or a local control authority in ascertaining whether a weed
control notice has been complied with, and in taking action if it is not being
complied with (including charges for any inspection of land), is payable by
the person required to comply with the notice, on demand by the Minister or
authority.
(2)Liability of local control
authorities
Any reasonable expense incurred by or on behalf
of the Minister in ascertaining whether a direction given to a local control
authority has been complied with (including charges for any inspection of
land), is payable by the local control authority, on demand by the
Minister.
(3)Recovery of
expenses
The amount of any expenses due and payable may be
recovered by the Minister or the local control authority as a debt in a court
of competent jurisdiction.
(4)Interest
Interest on the amount of any unpaid expense,
charged at the rate currently prescribed by the Supreme Court rules in respect
of unpaid judgment debts, may be recovered by the Minister or local control
authority from the person liable to comply with the weed control notice or
direction concerned as a debt in a court of competent
jurisdiction.
ss 22–26: Subst
2005 No 29, Sch 1 [7].
27Notice of control of
prohibited plants
(1)
A person (including the Minister and a local
control authority) must give notice to the police officer in charge of the
nearest police station and to an officer of the Department of Primary
Industries approved by the Director-General for the purposes of this section
of any proposed action by the person to control any noxious weed that is a
prohibited plant within the meaning of the Drug Misuse and
Trafficking Act 1985.
(2)
The notice must give at least 24 hours’
notice and may be given orally or in writing.
(3)
The Director-General may by notice direct a
person (including a local control authority) to use specified means and to
take specified measures to control any noxious weed that is a prohibited
plant.
(4)
A person (other than the Minister) must not take
action to control a prohibited plant:
(a)
if the Director-General has directed the person
that any such action not be commenced or is to be discontinued,
or
(b)
if the action contravenes a direction by the
Director-General to use specified means or to take specified measures to
control the prohibited plant, or
(c)
unless the person has given notice in accordance
with this section.
Maximum penalty: 50 penalty
units.
s 27: Am 2005 No 29,
Sch 1 [8].
Division 2Offences related to notifiable
weeds and other prescribed noxious weeds
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.
29Sale of soil, turf or fodder
from land with notifiable weeds prohibited
An occupier of land (including a public
authority) must not use or permit the land to be used for the purpose of
disposing of, transporting or selling soil, turf or fodder, if the occupier
knows, or ought reasonably to know, that there is a weed on the land that is a
notifiable weed in any part of the State.
Maximum penalty: 50 penalty
units.
s 29: Am 2005 No 29,
Sch 1 [9].
30Scattering of certain weed
material prohibited
(1)
A person must not scatter or cause to be
scattered on any land or water any notifiable weed material or other noxious
weed material prescribed by the regulations, knowing it to be such weed
material.
Maximum penalty: 50 penalty
units.
(2)
In this section, notifiable weed material 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 this
section.
s 30: 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 cleaned as
required by the regulations (being a declaration signed by the person who
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]. Am 2005 No 29, Sch 1
[10].
32Use of agricultural
machines
A person must not knowingly transport or move or
use an agricultural machine that has on or in it a weed that is a notifiable
weed in any part of the State.
Maximum penalty: 20 penalty
units.