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CATCHMENT AND LAND PROTECTION ACT 1994 - SECT 58A Emergency declaration of State prohibited weed

CATCHMENT AND LAND PROTECTION ACT 1994 - SECT 58A

Emergency declaration of State prohibited weed

    (1)     The Minister may, by a notice published in the Government Gazette, declare a plant to be a State prohibited weed.

    (2)     The declaration must apply to the whole State.

    (3)     The declaration must—

        (a)     state that it is an emergency weed declaration; and

        (b)     state the nature of the emergency; and

        (c)     if the plant is already declared to be a noxious weed of a different category, state its former category.

    (4)     A copy of the notice must be published—

        (a)     in a daily newspaper circulating generally in Victoria; and

        (b)     in a weekly newspaper circulating generally in rural Victoria; and

        (c)     on the Department's Internet site.

    (5)     The Minister must not make a declaration under this section in relation to a plant unless he or she is satisfied that urgent action is needed to protect the State from an adverse economic, environmental or social impact caused or likely to be caused by the plant.

    (6)     If under the declaration the category of a noxious weed has changed, the declaration of the former category of the noxious weed ceases to have effect while the declaration made under this section is in force.

    (7)     The Minister must revoke the declaration by a notice published in the Government Gazette as soon as possible after being satisfied that the emergency no longer exists.

    (8)     Unless earlier revoked, the declaration ceases to have effect 3 months after the notice under subsection (4) is published in the Government Gazette.

    (9)     A copy of a notice under subsection (7) must be published—

        (a)     in a daily newspaper circulating generally in Victoria; and

        (b)     in a weekly newspaper circulating generally in rural Victoria; and

        (c)     on the Department's Internet site.

S. 58B inserted by No. 48/2010 s. 6.