New South Wales Repealed Acts

This legislation has been repealed.

NOXIOUS WEEDS ACT 1993

- As at 1 July 2017 
- Act 11 of 1993 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of this Act
   4.      Definitions
   5.      Act binds Crown
   6.      Notes

   PART 2 - NOXIOUS WEEDS AND CONTROL MEASURES

   7.      Weed control orders
   8.      Weed control classes
   9.      Public consultation procedures
   10.     Emergency weed control orders
   11.     Power to regulate or prohibit bringing into NSW noxious weed material or things likely to introduce such material

   PART 3 - NOXIOUS WEED CONTROL ON LAND

           Division 1 - Action to control noxious weeds

   12.     Private occupiers of land must control noxious weeds on land
   13.     Public authorities' obligations to control noxious weeds on own land
   14.     Local control authorities' obligations to control noxious weeds on own land
   15.     Occupiers of land must notify local control authority of notifiable weeds
   16.     Evidence of knowledge of notifiable weeds
   16A.    Duty of other persons to notify local control authority of notifiable weeds
   17.     Obligations to control noxious weeds on roads
   17A.    Obligations to control aquatic weeds
   17B.    Obligations to control noxious weeds in irrigation areas
   18.     Local control authority may require owners or occupiers of land (other than public authorities or other local control authorities) to control noxious weeds
   18A.    Prior notice of weed control notice
   19.     Owners and occupiers must comply with weed control notices by local control authority
   20.     Noxious weed control by local control authority after notice not complied with
   21.     Local control authority may recommend that weed control notice be given to a public authority
   22.     Minister may require public authorities and local control authorities to control noxious weeds
   23.     Noxious weed control by Minister after notice not complied with
   24.     Appointment of weed control administrator for local control authority
   25.     Appeals against weed control notices issued by local control authorities
   26.     Expenses
   27.     Notice of control of prohibited plants

           Division 2 - Offences related to notifiable weeds and other prescribed noxious weeds

   28.     Sale etc of certain weed material prohibited
   29.     Sale of soil, turf or fodder from land with notifiable weeds prohibited
   30.     Scattering of certain weed material prohibited
   31.     Machinery and equipment--spread of noxious weeds into NSW
   32.     Use of machinery or equipment
   32A.    Exemptions relating to weeds notifiable only on Lord Howe Island

   PART 4 - GENERAL NOXIOUS WEED CONTROL FUNCTIONS OF MINISTER AND LOCAL AUTHORITIES

           Division 1 - Minister

   33.     Minister's noxious weed control functions
   34.     Minister may permit growing of noxious weeds and other things
   34A.    Minister may declare quarantine area
   34B.    Powers to stop and search vehicles in respect of quarantine areas

           Division 2 - Local control authorities

   35.     What are the local control authorities?
   36.     Noxious weed control functions of local control authorities
   36A.    Temporary restrictions during noxious weed control
   37.     Record keeping obligations of local control authorities
   38.     Powers related to aquatic weeds
   39.     Noxious weed control functions of inspectors
   40.     Further powers in relation to notifiable weed material

   PART 5 - NOXIOUS WEED CONTROL OFFICERS AND ADVISORY COMMITTEES

           Division 1 - Appointment and powers of inspectors

   41.     Inspectors
   42.     Authorised officers
   43.     Power of entry
   44.     Inspections and investigations
   45.     Notice of entry
   46.     Use of force
   47.     Notification of use of force or entry without notice
   47A.    Inspectors and others may inquire as to source or destination of noxious weed material
   48.     Care to be taken
   49.     Compensation
   50.     Certificates of authority
   51.     In what circumstances can entry be made to a residence?
   52.     Search warrant
   53.     Inspector or authorised officer may request assistance
   54.     Offence: obstructing inspector, authorised officer or other authorised person
   55.     Offence: impersonating inspector, authorised officer or other authorised person

           Division 2 - Advisory committees

   56.     Establishment of advisory committees
   57.     Functions of advisory committees
   58.     Membership and procedure of advisory committees

   PART 6 - ENFORCEMENT PROVISIONS

   59.     Recovery of charges and fees
   60.     Expenses to be charged on land
   61.     Proceedings for offences
   62.     Offences by corporations
   63.     Penalty notices for certain offences

   PART 7 - MISCELLANEOUS

   64.     Certificate as to weed control notices, expenses and charges on land
   64A.    Protection of emergency actions
   65.     Disputes between Minister and public authority
   66.     Delegation by Minister
   67.     Delegation by Director-General
   68.     Delegation by local control authorities
   69.     Arrangements by local control authorities
   70.     Protection from liability
   71.     How notice is to be given under this Act
   72.     Description of land in notices under this Act
   73.     Regulations
   74.     Savings, transitional and other provisions
   75.     (Repealed)
   76.     Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 99 Dictionary