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WEEDS MANAGEMENT ACT 2001

Table of Provisions

PART 1--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 3 Purpose  
  • 4 Definitions  
  • 5 Act binds Crown  
  • 5A Application of Criminal Code  
  • 6 Delegation  

PART 2--DECLARED AND POTENTIAL WEEDS

  • 7 Declared weeds and potential weeds  
  • 8 Designated weed disposal areas  

PART 3--MANAGEMENT OF WEEDS

Division 1--General duties

  • 9 General duties for potential weeds  
  • 9A Offence to fail to comply with duty in respect of transport of potential weeds  
  • 9B Offence to fail to comply with duty in respect of equipment containing potential weeds  
  • 9C General duties of owner or occupier of land for potential weeds  
  • 9D Offence to fail to comply with duty in respect of potential weeds on land  
  • 9E General duties for declared weeds  
  • 9F Offence to fail to comply with duty in respect of use of declared weeds  
  • 9G Offence to fail to comply with duty in respect of transport of declared weeds  
  • 9H Offence to spread declared weeds by animals or vehicles  
  • 9J Offence to supply product containing declared weeds  
  • 9K General duties of owner or occupier of land for declared weeds  
  • 9L Offence to fail to comply with duty in respect of declared weeds on land  

Division 2--Weed management plans

  • 10 Weed management plans  
  • 11 Approval of weed management plans  
  • 12 Review of weed management plans  
  • 13 Revocation or amendment of weed management plans  

Division 3--Enforcement

  • 14 Contravention of weed management plan  
  • 14A Remedial weed management plan  
  • 14B Offences related to weed management plans and remedial weed management plans  

Division 4--Emergency weed management plans

  • 15 Emergency weed management plans  
  • 15A Offences related to emergency weed management plans  

Division 5--Weed control notice

  • 15B Weed control notice  
  • 15C Offence to contravene weed control notice  

Division 6--Weed management works

  • 15D Power to carry out works  
  • 15E Engaging persons to carry out works  
  • 15F Cost of weed management works  

PART 4--WEED ADVISORY COMMITTEES

  • 16 Weed advisory committees  
  • 17 Functions of weed advisory committees  
  • 18 Meetings of weed advisory committees  
  • 19 Disclosure of interest  
  • 20 Offence for weed advisory committee member to disclose certain information  

PART 5--QUARANTINE AND CLEANING AREAS

  • 21 Quarantine areas  
  • 21A Restrictions attached to land in quarantine areas  
  • 21B Offence related to quarantine areas  
  • 22 Access permit  
  • 22A Offence related to access permits  
  • 23 Cleaning areas  
  • 23A Restrictions attached to land in cleaning areas  
  • 23B Offence to contravene cleaning area rules  

PART 6--WEED MANAGEMENT OFFICERS AND AUTHORISED PERSONS

  • 24 Weed management officers  
  • 25 Authorised persons  
  • 25A Return of identity card  
  • 26 Obstruction of officers and authorised persons  
  • 27 Misleading information  
  • 28 Powers of officers  
  • 28A Powers of officers to enter land  
  • 28B Reasonable assistance to be given to officers  
  • 28C Duty of officer in relation to seized thing  
  • 28D Forfeiture of seized thing  
  • 28E Offence to contravene order or requirement  

PART 6A--PERMITS TO USE WEEDS

  • 28F Permits to use declared weed or potential weed  
  • 28G Minister may require bond for permit to use declared weed  
  • 28H Holder to carry permit  
  • 28J Variation, revocation and renewal of permit on application  
  • 28K Variation and revocation by Minister  
  • 28L Offence to contravene permit  

PART 7--MISCELLANEOUS

  • 29 Notification of presence of plants or weeds  
  • 30 Offence to contravene notification requirement  
  • 33 Owner liable for costs incurred  
  • 34 Fees  
  • 35 Protection of officers and members  
  • 36 Appeals to Local Court  
  • 37 Service of documents  
  • 38 Continuing offences  
  • 39 Commencement of prosecutions  
  • 39A Time for commencing prosecution  
  • 39B Statements of fact in complaint  
  • 39C Evidentiary certificates  
  • 40 Regulations  
  • 41 Repeal  
  • 42 Savings  

PART 8--TRANSITIONAL MATTERS FOR WEEDS MANAGEMENT LEGISLATION AMENDMENT ACT 2022

  • 43 Definition  
  • 44 Continuation of declarations  
  • 45 Continuation of plans  
  • 46 Continuation of orders  
  • 47 Offence provisions – before and after commencement  
  • ENDNOTES

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