Weed Management Regulations 2007
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Weed Management Act 1999 .
20 December 2007W. J. E. COX
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Primary Industries and Water
These regulations may be cited as the Weed Management Regulations 2007 .
These regulations take effect on 1 January 2008.
In these regulations –Act means the Weed Management Act 1999 .
4. Prescribed measures for importation of certain feed grain
For section 57(2) of the Act, the prescribed measures are –(a) the conditions or restrictions from time to time imposed by the Secretary under section 68 of the Plant Quarantine Act 1997 ; and(b) the exemptions from time to time granted by the Secretary under section 99 of the Plant Quarantine Act 1997 .
5. Prescribed measures for importation of certain livestock
For section 57(3) of the Act, the prescribed measures are –(a) the conditions or restrictions from time to time imposed by the Secretary under section 68 of the Plant Quarantine Act 1997 ; and(b) the exemptions from time to time granted by the Secretary under section 99 of the Plant Quarantine Act 1997 .
(1) The offences generally described in Column 3 of Schedule 1 under the respective sections of the Act specified in Column 2 of that Schedule are prescribed as the offences under the Act in respect of which infringement notices may be issued.(2) The penalties specified in Column 4 of Schedule 1 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.
The legislation specified in Schedule 2 is rescinded.
SCHEDULE 1 - Offences under Act
Column 1 | Column 2 | Column 3 | Column 4 | Item | Section of Act | General description of offence | Penalty units | 1. | 13(3) | Failing to comply with requirement notice | 8 | 2. | 26(2) | Carrying out activity in infested area otherwise than as permitted | 8 | 3. | 27(1) | Moving specified thing into or out of infested area | 8 | 4. | 31(2) | Moving specified thing into or out of protected area | 8 | 5. | 31(3) | Carrying out activity in protected area otherwise than as permitted | 8 | 6. | 35(2) | Failing to return ID card on ceasing to be inspector | 2 | 7. | 41(2) | Failing to comply with notice to secure place | 4 | 8. | 44(2) | Failing to comply with requirement or prohibition | 4 | 9. | 45(5) | Interfering in process of seizure | 8 | 10. | 47(2) | Refusing to provide, or providing false, name and address | 4 | 11. | 48(3) | Failing to comply with direction | 4 | 12. | 50(1)(a) | Obstructing, resisting, impeding or assaulting inspector, or person assisting inspector, in conduct of duties | 8 | 13. | 51(1) | Failing to store at approved facility anything contaminated with declared weed | 4 | 14. | 51(2) | Removing anything contaminated with declared weed from approved facility | 4 | 15. | 56(1)(a) | Selling declared weed or material or thing containing or carrying declared weed | 4 | 16. | 56(1)(b) | Purchasing or offering to purchase declared weed or material or thing containing or carrying declared weed | 4 | 17. | 56(1)(c) | Growing, propagating or scattering declared weed | 4 | 18. | 56(1)(d) | Storing declared weed or material or thing containing or carrying declared weed | 4 | 19. | 56(1)(e) | Hiring or offering for hire material or thing containing or carrying declared weed | 4 | 20. | 56(1)(f) | Using declared weed or material or thing containing or carrying declared weed | 4 | 21. | 56(1)(g) | Dealing with declared weed or material or thing containing or carrying declared weed in manner likely to result in spread of declared weed | 4 | 22. | 57(1) | Importing declared weed | 4 | 23. | 57(2) | Importing feed grain for animals that may be carrying declared weed otherwise than as permitted | 4 | 24. | 57(3) | Importing livestock that may be carrying declared weed otherwise than as permitted | 4 | 25. | 58 | Giving false or misleading information, record or document | (a) body corporate 8 | (b) natural person 4 | 26. | 60(2) | Failing to comply with condition of exemption | 4 |
SCHEDULE 2 - Legislation rescinded
Weed Management Regulations 2000 (No. 155 of 2000) | Weed Management Amendment Regulations 2001 (No. 94 of 2001) |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 26 December 2007
These regulations are administered in the Department of Primary Industries and Water.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations –(a) prescribe the measures that must be taken in order to avoid committing an offence under section 57(2) or (3) of the Weed Management Act 1999 when importing into Tasmania any feed grain or livestock that may be carrying a declared weed; and(b) prescribe the offences under that Act for which infringement notices may be issued and the penalties for those offences; and(c) rescind the Weed Management Regulations 2000 and Weed Management Amendment Regulations 2001 .