New South Wales Consolidated Acts

NOXIOUS WEEDS ACT 1993 - SECT 23

23 Noxious 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.