NOXIOUS WEEDS ACT 1993 - As at 1 July 2017 - Act 11 of 1993

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of this Act
• 4 Definitions
• 5 Act binds Crown
• 6 Notes

PART 2 - NOXIOUS WEEDS AND CONTROL MEASURES

• 7 Weed control orders
• 8 Weed control classes
• 9 Public consultation procedures
• 10 Emergency weed control orders
• 11 Power to regulate or prohibit bringing into NSW noxious weed material or things likely to introduce such material

PART 3 - NOXIOUS WEED CONTROL ON LAND

Division 1 - Action to control noxious weeds

• 12 Private occupiers of land must control noxious weeds on land
• 13 Public authorities' obligations to control noxious weeds on own land
• 14 Local control authorities' obligations to control noxious weeds on own land
• 15 Occupiers of land must notify local control authority of notifiable weeds
• 16 Evidence of knowledge of notifiable weeds
• 16A Duty of other persons to notify local control authority of notifiable weeds
• 17 Obligations to control noxious weeds on roads
• 17A Obligations to control aquatic weeds
• 17B Obligations to control noxious weeds in irrigation areas
• 18 Local control authority may require owners or occupiers of land (other than public authorities or other local control authorities) to control noxious weeds
• 18A Prior notice of weed control notice
• 19 Owners and occupiers must comply with weed control notices by local control authority
• 20 Noxious weed control by local control authority after notice not complied with
• 21 Local control authority may recommend that weed control notice be given to a public authority
• 22 Minister may require public authorities and local control authorities to control noxious weeds
• 23 Noxious weed control by Minister after notice not complied with
• 24 Appointment of weed control administrator for local control authority
• 25 Appeals against weed control notices issued by local control authorities
• 26 Expenses
• 27 Notice of control of prohibited plants

Division 2 - Offences related to notifiable weeds and other prescribed noxious weeds

• 28 Sale etc of certain weed material prohibited
• 29 Sale of soil, turf or fodder from land with notifiable weeds prohibited
• 30 Scattering of certain weed material prohibited
• 31 Machinery and equipment--spread of noxious weeds into NSW
• 32 Use of machinery or equipment
• 32A Exemptions relating to weeds notifiable only on Lord Howe Island

PART 4 - GENERAL NOXIOUS WEED CONTROL FUNCTIONS OF MINISTER AND LOCAL AUTHORITIES

Division 1 - Minister

• 33 Minister's noxious weed control functions
• 34 Minister may permit growing of noxious weeds and other things
• 34A Minister may declare quarantine area
• 34B Powers to stop and search vehicles in respect of quarantine areas

Division 2 - Local control authorities

• 35 What are the local control authorities?
• 36 Noxious weed control functions of local control authorities
• 36A Temporary restrictions during noxious weed control
• 37 Record keeping obligations of local control authorities
• 38 Powers related to aquatic weeds
• 39 Noxious weed control functions of inspectors
• 40 Further powers in relation to notifiable weed material

PART 5 - NOXIOUS WEED CONTROL OFFICERS AND ADVISORY COMMITTEES

Division 1 - Appointment and powers of inspectors

• 41 Inspectors
• 42 Authorised officers
• 43 Power of entry
• 44 Inspections and investigations
• 45 Notice of entry
• 46 Use of force
• 47 Notification of use of force or entry without notice
• 47A Inspectors and others may inquire as to source or destination of noxious weed material
• 48 Care to be taken
• 49 Compensation
• 50 Certificates of authority
• 51 In what circumstances can entry be made to a residence?
• 52 Search warrant
• 53 Inspector or authorised officer may request assistance
• 54 Offence: obstructing inspector, authorised officer or other authorised person
• 55 Offence: impersonating inspector, authorised officer or other authorised person

Division 2 - Advisory committees

• 56 Establishment of advisory committees
• 57 Functions of advisory committees
• 58 Membership and procedure of advisory committees

PART 6 - ENFORCEMENT PROVISIONS

• 59 Recovery of charges and fees
• 60 Expenses to be charged on land
• 61 Proceedings for offences
• 62 Offences by corporations
• 63 Penalty notices for certain offences

PART 7 - MISCELLANEOUS

• 64 Certificate as to weed control notices, expenses and charges on land
• 64A Protection of emergency actions
• 65 Disputes between Minister and public authority
• 66 Delegation by Minister
• 67 Delegation by Director-General
• 68 Delegation by local control authorities
• 69 Arrangements by local control authorities
• 70 Protection from liability
• 71 How notice is to be given under this Act
• 72 Description of land in notices under this Act
• 73 Regulations
• 74 Savings, transitional and other provisions
75. (Repealed)
• 76 Review of Act
• SCHEDULE 1
• SCHEDULE 2
Schedule 3 (Repealed)
• SCHEDULE 99 Dictionary