New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Noxious Weeds Amendment Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Noxious Weeds Act 1993 No 11 3
b2011-107-43.d13
New South Wales
Noxious Weeds Amendment Bill 2012
No , 2012
A Bill for
An Act to amend the Noxious Weeds Act 1993 to make further provision with respect
to the control of noxious weeds; and for other purposes.
Clause 1 Noxious Weeds Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Noxious Weeds Amendment Act 2012. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Noxious Weeds Amendment Bill 2012
Amendment of Noxious Weeds Act 1993 No 11 Schedule 1
Schedule 1 Amendment of Noxious Weeds Act 1993 1
No 11 2
[1] Section 3 Objects of this Act 3
Omit section 3 (a) (ii) and (iii). Insert instead: 4
(ii) prevent, eliminate or restrict the spread in this State 5
of particular significant weeds, and 6
(iii) effectively manage widespread significant weeds in 7
this State, 8
[2] Section 7 Weed control orders 9
Omit section 7 (3). Insert instead: 10
(2A) The Minister may, in a weed control order, grant an exemption 11
referred to in section 32A. 12
(2B) An exemption has effect for the period specified in the order and 13
is subject to such conditions, if any, as may be specified in the 14
order. 15
(2C) The Minister may amend or revoke an exemption or a condition 16
of an exemption. 17
(3) For the purposes of this Act, a plant that is the subject of a weed 18
control order is a noxious weed in relation to the land to which 19
the order applies. 20
[3] Section 11 21
Insert after section 10: 22
11 Power to regulate or prohibit bringing into NSW noxious weed 23
material or things likely to introduce such material 24
(1) The Minister may, by order published in accordance with 25
subsection (2), regulate or prohibit the bringing into the State (or 26
into any specified part of the State) of noxious weed material or 27
any other thing that the Minister considers is likely to introduce 28
any noxious weed material into the State (or into any specified 29
part of the State). 30
(2) An order made by the Minister under this section is to be 31
published in the Gazette. However, if the Minister considers the 32
order is required urgently, the order may be published: 33
(a) in a newspaper circulating, or by radio or television 34
broadcast, in the area to which the land subject to the order 35
Page 3
Noxious Weeds Amendment Bill 2012
Schedule 1 Amendment of Noxious Weeds Act 1993 No 11
is located, or, if appropriate, in a newspaper circulating 1
throughout the whole State, or 2
(b) on the internet website of a newspaper referred to in 3
paragraph (a) or on the Department's internet website. 4
(3) If an order is published in accordance with subsection (2) other 5
than in the Gazette, the Minister is to publish the order as soon as 6
practicable in the Gazette. 7
(4) An order commences on the day it is first published in accordance 8
with this section or on such later day as may be specified in the 9
order. 10
(5) A person who fails to comply with an order made under this 11
section is guilty of an offence. 12
Maximum penalty: 100 penalty units. 13
[4] Section 12 Private occupiers of land must control noxious weeds on land 14
Insert at the end of the section (after the note): 15
(2) A local control authority may, by written notice, require the 16
owner of land (other than a public authority or a local control 17
authority) to which a weed control order applies to provide the 18
following information in relation to the land: 19
(a) the name and contact details of the occupier of the land or 20
any part of the land, 21
(b) a description of the land occupied by the occupier. 22
(3) The notice must specify the manner in which, and may specify a 23
reasonable time by which, the information must be provided. 24
(4) A person who, without reasonable excuse, fails to comply with a 25
requirement of a notice under this section is guilty of an offence. 26
Maximum penalty: 20 penalty units. 27
[5] Section 13 Public authorities' obligations to control noxious weeds on 28
own land 29
Insert ", and a description of the land occupied," after "the public authority" in 30
section 13 (2). 31
[6] Sections 28 (3) and 30 (2) 32
Omit "the weed material of a weed" wherever occurring. 33
Insert instead "a plant, or any seed or other part of a plant,". 34
Page 4
Noxious Weeds Amendment Bill 2012
Amendment of Noxious Weeds Act 1993 No 11 Schedule 1
[7] Sections 29 and 32 1
Omit "a weed" wherever occurring. Insert instead "a plant". 2
[8] Section 31 Machinery and equipment--spread of noxious weeds into 3
NSW 4
Omit "in Queensland" from section 31 (1). 5
Insert instead "elsewhere in Australia". 6
[9] Section 31 (2) 7
Omit the subsection. Insert instead: 8
(2) This section applies to machinery or equipment: 9
(a) that is of a kind declared, by order of the Minister 10
published in the Gazette, to be machinery or equipment to 11
which this section applies, and 12
(b) that has already been used for the purpose for which it was 13
manufactured, 14
being machinery or equipment that is brought into New South 15
Wales from another State or a Territory. 16
[10] Section 31 (3) and (6) (b) 17
Omit "agricultural machine" wherever occurring. 18
Insert instead "machinery or equipment". 19
[11] Section 31 (3) (a) 20
Omit "border of New South Wales and Queensland". 21
Insert instead "borders of New South Wales". 22
[12] Section 31 (3) (a) 23
Omit "machines" and "a machine" wherever occurring. 24
Insert instead "machinery or equipment". 25
[13] Sections 31 (3) and (4) and 40 26
Omit "The machine" and "the machine" wherever occurring. 27
Insert instead "The machinery or equipment" and "the machinery or 28
equipment", respectively. 29
[14] Section 31 (3) (a) 30
Omit "at that place". Insert instead "at such a place". 31
Page 5
Noxious Weeds Amendment Bill 2012
Schedule 1 Amendment of Noxious Weeds Act 1993 No 11
[15] Section 31 (3) (e) 1
Omit "Queensland". Insert instead "the State or Territory concerned". 2
[16] Sections 31 (4), (6) (a) and (7) and 40 3
Omit "an agricultural machine" wherever occurring. 4
Insert instead "machinery or equipment". 5
[17] Section 32 Use of machinery or equipment 6
Omit "an agricultural machine". Insert instead "machinery or equipment". 7
[18] Section 32A 8
Insert after section 32: 9
32A Exemptions relating to weeds notifiable only on Lord Howe Island 10
(1) The Minister may, by order published in the Gazette, exempt: 11
(a) a person or class of persons, or 12
(b) premises, machinery or equipment, 13
from the operation in any part of the State other than Lord Howe 14
Island of section 28 (1), 29, 32 or 40 in relation to a plant, or any 15
seed or other part of a plant, that is a Class 2 noxious weed only 16
on Lord Howe Island (and not elsewhere in the State). 17
(2) An exemption is subject to such conditions, if any, as may be 18
specified in the order. 19
(3) An order commences on the day it is published in the Gazette or 20
on such later day as may be specified in the order. 21
[19] Section 40 Further powers in relation to notifiable weed material 22
Omit "notifiable weed material of a weed". 23
Insert instead "a plant, or any seed or other part of a plant,". 24
[20] Section 40 25
Omit "such weed material". 26
Insert instead "such plant, or seed or other part of a plant". 27
[21] Section 44 Inspections and investigations 28
Omit section 44 (c). Insert instead: 29
(c) examine, take samples, photographs or video recordings 30
of, seize, detain or remove any thing in or about those 31
premises that the inspector or authorised officer 32
Page 6
Noxious Weeds Amendment Bill 2012
Amendment of Noxious Weeds Act 1993 No 11 Schedule 1
reasonably suspects to be noxious weed material or to be 1
vegetable matter, or any other thing, containing noxious 2
weed material, 3
[22] Section 44 (h) 4
Omit the paragraph. Insert instead: 5
(h) remove or destroy or cause to be removed or destroyed any 6
thing in or about those premises that the inspector or 7
authorised officer reasonably suspects to be noxious weed 8
material or to be vegetable matter, or any other thing, 9
containing noxious weed material, 10
[23] Section 47A Inspectors and others may inquire as to source or 11
destination of noxious weed material 12
Omit section 47A (1). Insert instead: 13
(1) An inspector or authorised officer who reasonably believes that a 14
person has information that may assist in tracing or determining 15
the source or destination of any matter that the inspector or 16
authorised officer reasonably suspects to be noxious weed 17
material may require the person to answer questions for that 18
purpose. 19
[24] Section 68 Delegation by local control authorities 20
Omit "other than this power of delegation". 21
Insert instead "(other than this power of delegation) but only under this power 22
of delegation". 23
[25] Section 68, note 24
Insert at the end of the section: 25
Note. Accordingly, a council may not delegate any of its functions as a 26
local control authority under this Act under the council's power of 27
delegation under the Local Government Act 1993. 28
[26] Schedule 2 Savings, transitional and other provisions 29
Insert at the end of clause 2 (1): 30
Noxious Weeds Amendment Act 2012 31
Page 7
Noxious Weeds Amendment Bill 2012
Schedule 1 Amendment of Noxious Weeds Act 1993 No 11
[27] Schedule 2, clause 9 1
Insert after clause 8: 2
9 Existing orders and declarations under section 31 3
(1) In this clause: 4
amending Act means the Noxious Weeds Amendment Act 2012. 5
(2) An order made in relation to agricultural machines under section 6
31 (2) and in force immediately before the substitution of that 7
subsection by the amending Act is taken to be an order made in 8
relation to machinery or equipment under section 31 (2) as so 9
substituted. 10
(3) Any declaration lodged or other thing done under and in 11
accordance with section 31 (3) before its amendment by the 12
amending Act is taken to have been lodged or done under and in 13
accordance with that subsection as so amended. 14
[28] Dictionary 15
Omit "a weed" from the definition of noxious weed. Insert instead "a plant". 16
Page 8
[Index] [Search] [Download] [Related Items] [Help]