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TASMANIA
__________
WEED MANAGEMENT AMENDMENT BILL 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 7 amended (Declaration of weeds)
5. Section 9 amended (Order for declared weed)
6. Section 20 substituted
20. Changes to weed management plan
7. Section 21 amended (Notification of changes to weed
management plan)
8. Section 22 amended (Period of order, &c.)
9. Section 23 amended (Suspension of substituted provision)
10. Section 24 amended (Review of weed management plan)
11. Section 56 substituted
56. Sale, purchase, propagation, use, &c., of declared
weed prohibited
12. Section 57 amended (Importation of declared weed)
[Bill 29]-VI
2
WEED MANAGEMENT AMENDMENT BILL 2006
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Weed Management Act 1999
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Weed Management
Amendment Act 2006.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Weed Management Act 1999* is
referred to as the Principal Act.
*No. 105 of 1999
[Bill 29] 3
Weed Management Amendment Act 2006
Act No. of
s. 4
4. Section 7 amended (Declaration of weeds)
Section 7 of the Principal Act is amended by
omitting "Division" and substituting "Part".
5. Section 9 amended (Order for declared weed)
Section 9 of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from
subsection (1) and substituting the
following paragraph:
(a) the plant may have an adverse
impact on
(i) the productive capacity of
Tasmania, another State
or a Territory; or
(ii) any natural or physical
resources of Tasmania,
another State or a
Territory; or
(iii) the genetic diversity of an
indigenous plant of
Tasmania, another State
or a Territory; or
(iv) the genetic integrity of an
indigenous plant of
Tasmania, another State
or a Territory; or
4
Weed Management Amendment Act 2006
Act No. of
s. 6
(v) the maintenance of
indigenous ecological
processes of Tasmania,
another State or a
Territory; and
(b) by inserting in subsection (3)(b) "draft"
after "no".
6. Section 20 substituted
Section 20 of the Principal Act is repealed and
the following section is substituted:
20. Changes to weed management plan
(1) The Minister, by order published in the
Gazette, may change a weed
management plan by omitting, amending,
substituting or adding any provision if
satisfied that an emergency has arisen, or
is likely to arise, making it necessary or
advisable to so change the weed
management plan.
(2) The Secretary may amend a weed
management plan by
(a) correcting a minor error in the
plan; or
(b) making a change of form, not
involving a change of substance,
in the plan.
5
Weed Management Amendment Act 2006
Act No. of
s. 7
7. Section 21 amended (Notification of changes to
weed management plan)
Section 21 of the Principal Act is amended by
omitting "section 20" and substituting
"section 20(1)".
8. Section 22 amended (Period of order, &c.)
Section 22 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"section 20" and substituting
"section 20(1)";
(b) by omitting from subsection (2)
"section 20" and substituting
"section 20(1)";
(c) by inserting the following subsection
after subsection (2):
(3) An amendment to a weed
management plan under
section 20(2) is in force for the
period during which the weed
management plan is in force.
6
Weed Management Amendment Act 2006
Act No. of
s. 9
9. Section 23 amended (Suspension of substituted
provision)
Section 23 of the Principal Act is amended by
omitting "section 20" and substituting
"section 20(1)".
10. Section 24 amended (Review of weed management
plan)
Section 24 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) An amendment to a weed management
plan under this section is in force for the
period during which the weed
management plan is in force.
11. Section 56 substituted
Section 56 of the Principal Act is repealed and
the following section is substituted:
56. Sale, purchase, propagation, use, &c., of
declared weed prohibited
(1) A person must not
(a) sell a declared weed or any
material or thing containing or
carrying a declared weed; or
(b) purchase or offer to purchase a
declared weed or any material or
7
Weed Management Amendment Act 2006
Act No. of
s. 11
thing containing or carrying a
declared weed; or
(c) grow, propagate or scatter a
declared weed; or
(d) store a declared weed or any
material or thing containing or
carrying a declared weed; or
(e) hire or offer for hire any material
or thing containing or carrying a
declared weed; or
(f) use a declared weed or any
material or thing containing or
carrying a declared weed; or
(g) deal with a declared weed or any
material or thing containing or
carrying a declared weed in any
manner that is likely to result in
the spread of the declared weed.
Penalty: Fine not exceeding 50 penalty
units.
(2) Subsection (1) does not apply in respect
of feed grain for animals that is
(a) carrying a declared weed; and
(b) imported into Tasmania in
accordance with any measures
prescribed for the purpose of
section 57(2).
8
Weed Management Amendment Act 2006
Act No. of
s. 12
(3) It is a defence in proceedings for an
offence under subsection (1) if the
defendant establishes that he or she took
all reasonable actions to prevent the
commission of the offence.
12. Section 57 amended (Importation of declared weed)
Section 57 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "the
State any declared weed if prohibited to
do so by a weed management plan." and
substituting "Tasmania any declared
weed.";
(b) by omitting subsections (2) and (3) and
substituting the following subsections:
(2) A person must not import or
allow to be imported into
Tasmania, otherwise than in
accordance with any prescribed
measures, any feed grain for
animals that may be carrying a
declared weed.
Penalty: Fine not exceeding 50
penalty units.
(3) A person must not import or
allow to be imported into
Tasmania, otherwise than in
accordance with any prescribed
9
Weed Management Amendment Act 2006
Act No. of
s. 12
measures, any livestock that may
be carrying a declared weed.
Penalty: Fine not exceeding 50
penalty units.
10 Government Printer, Tasmania