CATCHMENT AND LAND PROTECTION ACT 1994 - SECT 71 Offences relating to the spread of noxious weeds
CATCHMENT AND LAND PROTECTION ACT 1994 - SECT 71
Offences relating to the spread of noxious weeds(1) A person must not, without a permit from the Secretary, buy or offer to buy in Victoria any of the following—
(a) a noxious weed;
(b) the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;
(c) part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(2) A person must not, without a permit from the Secretary, sell or offer to sell in Victoria any of the following—
(a) a noxious weed;
(b) the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;
(c) part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(3) A person must not, without a permit from the Secretary, possess for the purposes of sale in Victoria any of the following—
(a) a noxious weed;
(b) the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;
(c) part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(4) A person must not, without a permit from the Secretary, display in Victoria any of the following—
(a) a noxious weed;
(b) the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;
(c) part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(5) A person must not, without a permit from the Secretary, plant or propagate in Victoria any of the following—
(a) a noxious weed;
(b) the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;
(c) part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(6) A person must not, without a permit from the Secretary, wilfully bring or cause to be brought into Victoria any of the following—
(a) a noxious weed;
(b) the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;
(c) part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(7) A person must not, without a permit from the Secretary, transport within Victoria any of the following—
(a) a noxious weed;
(b) the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;
(c) part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(8) A person must not, without a permit from the Secretary, remove or cause to be removed, soil, sand, gravel or stone which—
(a) contains a noxious weed; or
(b) contains or is likely to contain the seeds or any other part of a noxious weed that is capable of growing; or
(c) comes from land on which noxious weeds grow.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(9) A person must not, without a permit from the Secretary, sell soil, sand, gravel or stone which—
(a) contains or is likely to contain any part of a noxious weed; or
(b) contains or is likely to contain the seeds or any other part of a noxious weed that is capable of growing; or
(c) comes from land on which noxious weeds grow.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(10) A person must not, without a permit from the Secretary, remove or cause to be removed, fodder, grain or produce which contains the seeds or any other part of a noxious weed that is capable of growing.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(11) A person must not, without a permit from the Secretary, sell fodder, grain or produce which contains the seeds or any other part of a noxious weed that is capable of growing.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(12) A person must not, without a permit from the Secretary, remove or cause to be removed, a substance, vehicle, equipment or machinery or any other item that is used or intended to be used in primary production and which contains the seeds or any other part of a noxious weed that is capable of growing.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(13) A person must not, without a permit from the Secretary, sell or hire, or offer for hire, a substance, vehicle, equipment, machinery or other item that is used or intended to be used in primary production and which contains the seeds or any other part of a noxious weed that is capable of growing.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(14) A person must not, without a permit from the Secretary, sell an animal which is carrying the seeds or any other part of a noxious weed that is capable of growing.
Penalty: 480 penalty units, in the case of seeds of a State prohibited weed.
240 penalty units, in the case of seeds of a regionally prohibited weed.
60 penalty units, in the case of seeds of a regionally controlled weed.
60 penalty units, in the case of seeds of a restricted weed.
(15) A person must not, without a permit from the Secretary, remove any materials used as bedding for animals that contain, or are likely to contain, the seeds or a part of a noxious weed that is capable of growing.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(16) A person must not, without a permit from the Secretary, sell any materials used as bedding for animals that contain, or are likely to contain, the seeds or a part of a noxious weed that is capable of growing.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(17) A person must not, without a permit from the Secretary, deposit on land—
(a) a noxious weed; or
(b) the seeds of a noxious weed that are apparently capable of germinating.
Penalty: 480 penalty units, in the case of a State prohibited weed or part of that weed.
240 penalty units, in the case of a regionally prohibited weed or part of that weed.
60 penalty units, in the case of a regionally controlled weed or part of that weed.
60 penalty units, in the case of a restricted weed or part of that weed.
(18) Subsection (14) does not apply to the sale of farm animals direct to a meat processing facility within the meaning of the Meat Industry Act 1993 .
S. 71A inserted by No. 22/2022 s. 34.