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BIOSECURITY ACT 2015 - SCHEDULE 1

SCHEDULE 1 – Special provisions relating to weeds

1 Application of Schedule

This Schedule applies for the purposes of, and without limiting, Part 3.

2 Definitions

In this Schedule--

"channel land" means land in an irrigation area designed and used or proposed to be used by the Water Administration Ministerial Corporation or an irrigation corporation (within the meaning of Part 1 of Chapter 4 of the Water Management Act 2000 ) for the purpose of water supply or drainage channels.

"irrigation area" means--

(a) land within an area within the meaning of the Hay Irrigation Act 1902 (as in force immediately before its repeal) or the Wentworth Irrigation Act 1890 (as in force immediately before its repeal), or
(b) land within the area of operations of an irrigation corporation within the meaning of Part 1 of Chapter 4 of the Water Management Act 2000 .

"public authority" means--
(a) a public or local authority constituted by or under an Act (other than a local control authority), or
(b) a Public Service agency (within the meaning of the Government Sector Employment Act 2013 ), or
(c) a statutory body representing the Crown, or
(d) the Forestry Corporation, or
(e) the trustees of land reserved or dedicated for any public purpose.

"public channel land" means channel land that is owned by the Crown or a public authority (other than land occupied by a person other than a public authority).

"public reserve" has the same meaning as it has in the Local Government Act 1993 .

"road" does not include a highway, freeway, tollway or State work within the meaning of the Roads Act 1993 .

3 Duty to control weeds on roads

(1) A biosecurity duty imposed on an occupier of land under Part 3 to prevent, eliminate or minimise any biosecurity risk posed or likely to be posed by weeds on that land extends to weeds on--
(a) any part of a road that intersects the land, not being part of the road that is fenced on both sides, and
(b) the half of the width of any part of a road that forms part of the boundary of the land, not being a part of the road that is fenced on both sides, and
(c) any part of a road that forms part of the boundary of the land, being a part of the road that is not fenced on the side forming part of the boundary but is fenced on the other side.
(2) An occupier of land is required to comply with any mandatory measures relating to weeds on land referred to in subclause (1) as if the occupier were dealing with those weeds.
(3) An occupier may enter a road at all reasonable times for the purpose of discharging the occupier's biosecurity duty in relation to weeds or complying with a mandatory measure or biosecurity direction given in connection with weeds.
(4) This clause does not apply to a road referred to in clause 5.

4 Duty to control aquatic weeds

(1) If the land of an occupier is situated on opposite sides of a watercourse, river or inland water (tidal or non-tidal), a biosecurity duty imposed on an occupier of the land under Part 3 to prevent, eliminate or minimise any biosecurity risk posed or likely to be posed by weeds on that land extends to weeds located on the land between those sides.
(2) If a watercourse, river or inland water (tidal or non-tidal) is situated between land occupied by different occupiers, a biosecurity duty imposed on each occupier under Part 3 to prevent, eliminate or minimise any biosecurity risk posed or likely to be posed by weeds extends to weeds located on the land between the boundary of the land and any fence erected to define the boundary of the land or, if there is no such fence, to the middle line of the watercourse, river or inland water.
(3) An occupier of land is required to comply with any mandatory measures relating to weeds on land referred to in subclause (1) or (2) as if the occupier were dealing with those weeds.
(4) An occupier may enter a watercourse, river or inland water for the purpose of discharging the occupier's biosecurity duty in relation to weeds or complying with a mandatory measure or biosecurity direction given in connection with weeds.
(5) A local control authority may, by order, exempt the whole or part of a watercourse, river or inland water in the area for which it is local control authority from the operation of subclause (1) or (2), or both, if, in its opinion, the depth or width of the watercourse, river or inland water is such that, in the circumstances, it would be unreasonable to apply the provisions concerned.
(6) A local control authority is to be responsible for weeds located on a watercourse, river or inland water in the area for which it is local control authority if subclause (1) or (2), or both, do not apply to the prevention, elimination or minimisation of the biosecurity risk posed or likely to be posed by those weeds because of an exemption granted by a local control authority or the Secretary under this Act.
(7) This clause does not apply to land referred to in clause 5.

5 Duty to control weeds in irrigation areas

(1) A biosecurity duty imposed on an occupier of land under Part 3 to prevent, eliminate or minimise any biosecurity risk posed or likely to be posed by weeds on that land extends, if the land is within an irrigation area, to weeds on--
(a) any part of a public road, a public reserve or public channel land that intersects the occupier's land, or forms part of its boundary and is within 20 metres from the boundary of the land, and
(b) any part of a watercourse, river or inland water (tidal or non-tidal) situated on the land.
(2) If a public road, a public reserve or public channel land less than 40 metres wide is situated between land within an irrigation area occupied by different occupiers, a biosecurity duty imposed on each occupier under Part 3 to prevent, eliminate or minimise any biosecurity risk posed or likely to be posed by weeds extends to weeds located on that part of the road, reserve or channel land that is located between the boundary of the occupier's land and the middle line of the road, reserve or channel land.
(3) An occupier of land is required to comply with any mandatory measures relating to weeds on land referred to in subclause (1) or (2) as if the occupier were dealing with those weeds.
(4) An occupier may enter a public road, a public reserve or public channel land at all reasonable times for the purpose of discharging the occupier's biosecurity duty in relation to weeds or complying with a mandatory measure or biosecurity direction given in connection with weeds.



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