Northern Territory Consolidated Acts

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WEEDS MANAGEMENT ACT 2001 - SECT 9

General duties

    (1)     The owner and occupier of land must:

        (a)     take all reasonable measures to prevent the land being infested with a declared weed;

        (b)     take all reasonable measures to prevent a declared weed or potential weed on the land spreading to other land; and

        (c)     within 14 days after first becoming aware of a declared weed that has not previously been, or known to have been, present on the land, notify an officer of the presence of the declared weed.

    (2)     The owner and occupier of land on which a declared weed or potential weed is present must comply with a weed management plan relating to the weed.

    (3)     The owner and occupier of land on which a potential weed is present must dispose of the weed only on the land or at a designated weed disposal area.

    (4)     A person must not, except in accordance with a permit:

        (a)     bring a declared weed or take part in, or be responsible for, bringing a declared weed into the Territory;

        (b)     propagate or scatter a declared weed;

        (c)     sell or offer to sell a declared weed or any thing that contains or carries a declared weed;

        (d)     hire any equipment, device or thing that contains or carries a declared weed or potential weed;

        (e)     purchase or offer to purchase a declared weed or any thing that contains or carries a declared weed;

        (f)     store, grow or use a declared weed or any thing that contains or carries a declared weed; or

        (g)     transport or carry on his or her person a declared weed or anything that contains or carries a declared weed.

    (5)     Despite subsection (4)(g), if a person has a plant that the person thinks may be a declared weed, he or she may transport or carry the plant or anything that contains or carries the plant to an officer for the purpose having it identified.

    (6)     A plant or thing referred to in subsection (5) must be transported or carried in a sealed container.

    (7)     A person who transports or carries a thing that contains or carries a declared weed does not commit an offence against subsection (4)(g) if the person proves that:

        (a)     he or she was instructed to transport or carry the thing that contained or carried the declared weed; and

        (b)     he or she did not know, or could not reasonably have known, that the thing contained or carried the declared weed.

    (8)     An offence against this section is an environmental offence level 3.



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