Noxious Weeds Act 1964
An Act to repeal the Noxious Weeds Act 1938 , and to make fresh provision to secure the eradication or control of certain weeds
[Royal Assent 5 August 1964]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1. Short title and commencement
(1) This Act may be cited as the Noxious Weeds Act 1964 .(2) This Act shall commence on a date to be fixed by proclamation.
The Noxious Weeds Act 1938 is repealed.
[Section 3 Subsection (1) amended by No. 29 of 1983, s. 3 ][Section 3 Subsection (1) amended by No. 96 of 1987, s. 4 ](1) [Section 3 Subsection (1) amended by No. 64 of 1974, s. 2 and Sched. 1 ]In this Act, unless the contrary intention appears –article includes a vehicle and any implement or machinery;declared weed means a plant declared under section 4 to be a noxious, secondary, or prohibited weed;Director means the Director of Agriculture;enforcement notice has the meaning assigned to that expression by section 14 ;financial year means a period of 12 months ending on 30th June;infested area has the meaning assigned to that expression by section 19 ;inspector means a State inspector or a municipal inspector;materials includes soil, gravel, shingle, sand, and any other material taken from the land;municipal district means a city or a municipality or a part of a city or a municipality;municipal inspector means a municipal inspector appointed under section 8 (2) ;noxious weed means, in respect of any part of the State, any plant that is declared under section 4 to be a noxious weed in respect of the whole of the State or that part of the State;occupier, when used in relation to any land, includes any person having the control or management of that land and, if the land is unoccupied, the owner thereof;plant includes any tree, vine, shrub, vegetable, or other vegetation;prohibited weed means, in respect of any part of the State, any plant that is declared under section 4 to be a prohibited weed in respect of the whole or of that part of the State;region means a region referred to in section 5(1) ;secondary weed means, in respect of any part of the State, any plant that is declared under section 4 to be a secondary weed in respect of the whole or of that part of the State;State inspector means an inspector appointed under section 8 (1) ;unidentified plant means any plant which, in the opinion of the Director –(a) cannot be recognized as belonging to a scientifically described plant species; or(b) is incorrectly identified.(2) [Section 3 Subsection (2) amended by No. 28 of 1976, s. 74 and Sched. 3 ]For the purposes of this Act, but without prejudice to the generality of the provisions thereof, a person shall be deemed to have the control and management of any land if –(a) he uses or has the right to use that land for any agricultural or pastoral pursuit or for any purpose that involves the cultivation of that land or the use of any plants growing or standing thereon;(b) he is in possession of the land under a contract for the purchase thereof;(c) he holds a lease, a temporary licence, an occupation licence, a residence licence, or a business licence in respect of that land under the Crown Lands Act 1935 or the Crown Lands Act 1976 ;(d) he holds a permit or a forest lease in respect of that land under the Forestry Act 1920 ; or(e) he holds in respect of that land a lease within the meaning of the Mining Act 1929 .(3) [Section 3 Subsection (3) amended by No. 29 of 1983, s. 3 ]References in this Act to a plant shall be deemed to include references to the fruit, seed, propagule, root, stem, or other product of that plant, and to any part thereof that is capable of vegetative growth.(4) Where any land is vested in a body corporate constituted by or under any enactment that body shall, for the purposes of this Act, be deemed to be the owner of that land, notwithstanding any limitation imposed by or under any enactment on the manner in which or the purposes for which it may be used or any requirement so imposed that it should be used for a specific purpose.(5) Where by virtue of any Act any land vested in the Crown has been acquired, set apart, or reserved for any purpose and any body corporate constituted by or under any Act has, under that Act or the Act by virtue of which that land was so acquired, set apart, or reserved, any power or duty to use that land for any purpose or to carry out any work thereon or to control, regulate, or manage that land, either generally or for a particular purpose, that body shall be deemed for the purposes of this Act to be the owner of that land.(6) A local authority for a municipal district shall, for the purposes of this Act, be deemed to be, to the exclusion of any other person, the owner of any highway or part of a highway that is repairable by it.(7) The provisions of this Act are binding on a body corporate that is the owner or occupier of any land notwithstanding that the functions of that body are exercised or that land is held by that body, for or on behalf of, or as agent of, the Crown or the State, and are binding on a person who is the owner or occupier of any land notwithstanding that any estate or interest in that land is vested in the Crown.(8) Where in any order, notice, or other document made or issued under this Act it is necessary to specify or refer to any land, it is sufficient, in that order, notice, or other document to specify or refer to that land by reference to the entry relating thereto contained in any valuation roll prepared under the Land Valuation Act 1950 .
4. Noxious, secondary, and prohibited weeds
[Section 5 Repealed by No. 96 of 1987, s. 6 ][Section 6 Repealed by No. 64 of 1974, s. 3 ][Section 7 Repealed by No. 64 of 1974, s. 3 ](1) The Governor may, by order, declare a plant to be a noxious, secondary, or prohibited weed and, by the same or a different order, declare a plant to be more than one of those weeds.(1A) [Section 4 Subsection (1A) omitted by No. 96 of 1987, s. 5 ]. . . . . . . .(2) An order under subsection (1) may be declared in respect of the whole or any part of the State, as shall be specified in the order.
(1) [Section 8 Subsection (1) substituted by No. 96 of 1987, s. 7 ][Section 8 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may –(a) appoint an employee employed in the Department to be an inspector for the purposes of this Act; and(b) after first obtaining the consent of the Head of the Agency in which an employee who is not employed in the Department is employed, appoint that employee to be an inspector for the purposes of this Act.(2) [Section 8 Subsection (2) substituted by No. 64 of 1974, s. 4 ]A local authority may appoint municipal inspectors who may, in any area declared as provided by section 9 in relation to that authority, administer this Act.(3) [Section 8 Subsection (3) added by No. 96 of 1987, s. 7 ]In this section, Agency, employee, and Head have the meanings respectively assigned to those expressions by the Tasmanian State Service Act 1984 .
9. Municipally controlled areas
[Section 9 Substituted by No. 64 of 1974, s. 5 ][Section 10 Repealed by No. 96 of 1987, s. 8 ][Section 11 Repealed by No. 64 of 1974, s. 5 ](1) [Section 9 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 9 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Inspectors appointed by the Secretary of the Department shall administer this Act throughout the State, but the Director may, by order, declare any metropolitan or urban area specified in the order to be an area where municipal control may be exercised and, as provided by section 8 (2) , an inspector appointed by the local authority having jurisdiction in any such area may, in addition to inspectors appointed by the Secretary of the Department, administer this Act in that area.(2) [Section 9 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ]The Director may rescind an order made under subsection (1) .(3) [Section 9 Subsection (3) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 9 Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 ]In any area that is the subject of an order under subsection (1) , in the event of a conflict between an enforcement notice served by an inspector appointed by the Secretary of the Department and a similar notice served by a municipal inspector, the notice of the inspector appointed by the Secretary of the Department shall prevail to the exclusion of that of the municipal inspector.(4) [Section 9 Subsection (4) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 9 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ]For the purpose of subsection (3) , where an enforcement notice has been served by an inspector appointed by the Secretary of the Department and another has been served by a municipal inspector, both notices relating to the same land and compliance with one order without disregarding the other in any respect is practicable, it shall not be held that there is conflict between the two notices.
12. Eradication, &c., by agreement
[Section 12 Subsection (1) amended by No. 29 of 1983, s. 8 ](1) [Section 12 Subsection (1) amended by No. 64 of 1974, s. 6 ]The Minister or a local authority may enter into and carry out agreements with the owner or occupier of any land for the carrying out of any work, or the doing of any other thing, to control any noxious or secondary weed growing on that land, to prevent or minimize the dissemination of any noxious or secondary weed growing on that land, or to prevent, or reduce the risk of, any noxious or secondary weed being disseminated on to that land.(2) An agreement entered into under this section by the Minister or a local authority shall make provision for the recovery by the Minister or the local authority, as the case may be, of the expenses incurred by him or it in carrying out the agreement.(3) [Section 12 Subsection (3) added by No. 29 of 1983, s. 8 ]An agreement entered into under this section by the Minister or a local authority may be made subject to such terms and conditions as the Minister or the local authority, as the case may be, shall think fit.
13. Prescribed measures for eradication, &c.
(1) [Section 13 Subsection (1) amended by No. 64 of 1974, s. 7 ]Where the owner or occupier of any land is aware that any noxious or secondary weed is growing on that land he shall take or cause to be taken in relation thereto such measures as may be prescribed for the eradication of that weed or for preventing or minimizing its dissemination.(2) Without prejudice to the generality of the provisions of this section, the owner or occupier of any land shall, for the purposes of this section, be deemed to be aware of any matters to which his attention is drawn by an inspector or which may be specified in a notice served on him by an inspector.(3) [Section 13 Subsection (3) amended by No. 64 of 1974, s. 7 ]Regulations under this Act may prescribe for the purposes of this section the measures or precautions to be taken in the whole or any part of the State for the eradication of any noxious or secondary weed or for preventing or minimizing its dissemination.(4) It is the duty of the appropriate Minister to take in relation to lands vested in the Crown (other than lands of which some other person is the occupier or of which some other person is, for the purposes of this Act, deemed to be the owner) the measures referred to in subsection (1) .(5) [Section 13 Subsection (5) amended by No. 64 of 1974, s. 7 ][Section 13 Subsection (5) amended by No. 5 of 1990, s. 3 and Sched. 1 ]In subsection (4) of this section appropriate Minister means –(a) in respect of any Crown lands within the meaning of the Crown Lands Act 1935 that are not such lands as are referred to in paragraph (b) of this subsection, the Minister administering the Crown Lands Act 1976 ; and(b) in respect of any lands acquired, set apart, reserved, or used for the purposes of any Act or the purposes of any Government department or for any other defined purpose, the Minister administering that Act or that department or whose duties include responsibility for the carrying out, or controlling the carrying out of, those purposes.
(1) [Section 14 Subsection (1) amended by No. 64 of 1974, s. 8 ][Section 14 Subsection (1) amended by No. 29 of 1983, s. 9 ]Where an inspector is satisfied that any measures should be taken to secure or facilitate the eradication of any noxious or secondary weed from any land or that any measures or precautions should be taken in respect of any land to secure or facilitate the prevention or minimization of the dissemination of any noxious or secondary weed he may serve on the owner or occupier of that land a notice (in this Act referred to as an "enforcement notice") requiring those measures to be taken or those precautions to be observed.(2) [Section 14 Subsection (2) inserted by No. 29 of 1983, s. 9 ]A municipal inspector who serves a notice under subsection (1) shall, within 3 days of the service of that notice, forward a copy of that notice to the inspector nominated by the Director for that purpose for the region in which the land in respect of which the notice is served is situated.(3) [Section 14 Subsection (3) amended by No. 29 of 1983, s. 9 ]Without prejudice to the generality of subsection (1) , an enforcement notice served in respect of any land may require –but nothing in this section authorizes the service of an enforcement notice that requires the carrying out of any other measure, if that measure requires the destruction of any plants, animals, materials, articles, or other things, unless an inspector has reason to believe, and it is stated in the enforcement notice that there is reason to believe, that those plants, animals, materials, articles, or other things are or may be infested with a noxious weed.(a) the cutting, rooting up, treatment, or destruction of any noxious or secondary weeds;(b) the subjection of the land, or any plants, animals, materials, articles, or other things to any treatment, process, or operation;(c) the removal to, or confinement in, any place, of any plants, animals, materials, articles, or other things; and(d) where the land is, or is part of, an infested area, either or both of the following:(i) the erection of a fence complying with the specifications contained in the notice on the land or a specified part of the land;(ii) the grazing of the land or a specified part of the land, as specified in the notice –(3A) [Section 14 Subsection (3A) inserted by No. 29 of 1983, s. 9 ]A person on whom there is served an enforcement notice made under subsection (3) (d) shall, if that notice requires the erection of a fence, serve a copy of the notice on the owner of the land adjoining the proposed fence before complying with that notice.(3B) [Section 14 Subsection (3B) inserted by No. 29 of 1983, s. 9 ]A person who erects a fence as required by an enforcement notice referred to in subsection (3A) may, in a court of competent jurisdiction, recover from the owner of the land adjoining that fence one-half of the cost of erecting a fence of the minimum standard necessary to comply with that notice.(3C) [Section 14 Subsection (3C) inserted by No. 29 of 1983, s. 9 ]Where under section 16 the Minister or a local authority recovers the cost of erecting a fence from a person on whom there is served an enforcement notice requiring the erection of a fence referred to in subsection (3) (d) (i) , that person may, in a court of competent jurisdiction, recover from the owner of the adjoining land one-half of the cost of erecting a fence of the minimum standard necessary to comply with that notice.(3D) [Section 14 Subsection (3D) inserted by No. 29 of 1983, s. 9 ]For the purposes of subsections (3A) , (3B) , and (3C) fence and owner have the meanings assigned to those terms in section 4 of the Boundary Fences Act 1908 .(3E) [Section 14 Subsection (3E) inserted by No. 29 of 1983, s. 9 ]The Boundary Fences Act 1908 does not apply to the erection of a fence as required by an enforcement notice referred to in subsection (3A) .(4) Without prejudice to the generality of subsection (1) , an enforcement notice served in respect of any land may prohibit or restrict –(a) the removal from the land of any noxious or secondary weeds or other plants, or any animals, materials, articles, or other things;(b) the felling, cutting, injuring, or destruction of any trees or other plants on the land; or(c) the carrying out of any other operation on the land.(5) An enforcement notice served in respect of any land may require the measures or precautions specified in the notice to be taken or observed in respect of any part of that land or in respect of any building or structure on the land or any part of such a building or structure.(6) Where an enforcement notice requires any measures to be taken in respect of any land it may require those measures to be taken within such period, or on or before such date, as may be specified in the notice, but nothing in this subsection prevents an enforcement notice from requiring any measures to be taken from time to time or in such circumstances as may be specified in the notice.(7) An inspector, in any case in which he considers it proper so to do, may rescind an enforcement notice, and, on being so rescinded, that enforcement notice ceases to have effect except as regards anything done thereunder before it so ceased to have effect.(8) An owner or occupier of any land who –is guilty of an offence.(a) fails to comply with the requirements of an enforcement notice served in respect of that land; or(b) does, or causes or allows to be done, any act or thing in contravention of such a notice –
15. Appeals against enforcement notices
(1) [Section 15 Subsection (1) amended by No. 29 of 1983, s. 10 ]A person who is aggrieved by the service on him of an enforcement notice under section 14 (1) or a copy of an enforcement notice under section 14 (3A) , may appeal to a magistrate.(2) On an appeal under this section the magistrate may (unless he dismisses the appeal) order that the notice appealed against be of no effect whatever whereupon the notice shall be of no effect and shall be deemed never to have been of any effect.(3) [Section 15 Subsection (3) amended by No. 29 of 1983, s. 10 ]An appeal under this section shall be instituted within 7 days of the day of the service of the notice appealed against by lodging a notice, in the prescribed form and accompanied by the prescribed fee, with a clerk of petty sessions and by serving a copy thereof on the inspector who served the notice appealed against or the Director.(4) [Section 15 Subsection (4) amended by No. 29 of 1983, s. 10 ]On receipt of a notice of appeal under this section a clerk of petty sessions shall, on the direction of a magistrate, notify the appellant and the Director of a day and time for the hearing and determination of the appeal.(5) A magistrate hearing an appeal under this section shall make a full and thorough investigation of the matters giving rise to the appeal or relevant to its determination and shall direct himself by the best evidence that he can procure or is laid before him, whether or not that evidence would be admissible in a court.(6) The magistrate hearing an appeal under this section shall regulate the proceedings in the manner that he considers most suitable in order that he may come to a proper determination.(7) The inspector who is served with the notice of appeal as well as the person instituting the appeal shall be parties to it and each may be represented at the hearing of the appeal by some other person (whether a barrister or a solicitor or not).(8) The magistrate determining an appeal under this section shall make an order thereon in writing and shall cause copies of the order to be made available to the parties to the appeal.(9) A determination on an appeal under this section is final and conclusive for all purposes whatever.
16. Works, &c., in default of compliance with enforcement notices
[Section 17 Repealed by No. 64 of 1974, s. 11 ](1) Where an enforcement notice served in respect of any land requires the carrying out of any work, or the doing of any other thing, and that work has not been carried out, or that thing has not been done, in accordance with the notice, the Minister or the local authority of the municipal district in which the land is situated may carry out that work or cause that thing to be done.(2) [Section 16 Subsection (2) amended by No. 64 of 1974, s. 20 and Sched. 1 ]The powers of the Minister or a local authority under subsection (1) to do any work or cause any other thing to be done in relation to any land include power to take all such steps and do or cause to be done all such things as may be necessary to secure the carrying out of that work or the doing of that thing, including the making or improvement of any means of access to any place.(3) [Section 16 Subsection (3) amended by No. 64 of 1974, s. 20 and Sched. 1 ]Where an enforcement notice has been served by a State inspector, a local authority shall not, except with the consent of the Minister, exercise in relation to that notice the powers conferred by subsection (1) .(4) [Section 16 Subsection (4) amended by No. 64 of 1974, s. 10 and s. 20 and Sched. 1 ]The Minister may recover from the owner or occupier of any land in respect of which an enforcement notice has been served any expenses incurred by him in the exercise of the powers conferred by this section in relation to that notice.(5) [Section 16 Subsection (5) omitted by No. 64 of 1974, s. 10 ]. . . . . . . .(6) [Section 16 Subsection (6) amended by No. 64 of 1974, s. 10 ]A local authority may recover from the owner or occupier of any land in respect of which an enforcement notice has been served any expenses incurred by it in the exercise of the powers conferred by this section in relation to that notice in any case where those powers were exercised with the consent of the Minister.(7) Any sum recoverable under this section from the owner or occupier of any land is a charge on that land.(8) The provisions of the first schedule have effect with respect to sums recoverable by the Minister under this section from the owner or occupier of any land.
18. Liability as between owners and occupiers
(1) [Section 18 Subsection (1) amended by No. 64 of 1974, s. 20 and Sched. 1 ]Where an owner or occupier of any land has incurred expense in carrying out any work, or in doing any other thing, that was carried out or done in order to secure that the requirements of section 13 or of an enforcement notice were complied with in respect of that land, he may recover as a debt due to him from any other person who is also an owner or occupier of the land such proportion of that expense as the court considers reasonable.(2) [Section 18 Subsection (2) amended by No. 64 of 1974, s. 20 and Sched. 1 ]Where consequent upon the service of an enforcement notice in respect of any land, any sum is recovered from the owner or occupier thereof under section 16 , or any loss is suffered by him by reason of any action taken under that section to recover any sum charged on that land in pursuance of that section, this section applies in respect of that sum and the amount of that loss as if it were a sum expended by him in carrying out work to secure that the requirements of the enforcement notice were complied with.(3) In determining any claim under this section the court shall have regard to the nature of the estates or interests of the parties in the land, the benefits accruing or likely to accrue to them by reason of the carrying out of the work or the doing of the thing in respect of which the claim arose, and generally to all the circumstances of the case.(4) [Section 18 Subsection (4) amended by No. 64 of 1974, s. 20 and Sched. 1 ]In exercising the discretion conferred on it by this section the court is entitled to assume that where the land is occupied under a lease granted at the best rent reasonably obtainable the cost of carrying out any work or other thing referred to in subsection (1) should be borne –and, if the unexpired term of the lease is less than 4 years but more than two years, that person should bear that fraction of the cost that is obtained by multiplying one-quarter by the length of the period (measured in years and fractions of a year) by which the unexpired term of the lease exceeds one year.(a) where the unexpired term of the lease is not less than 4 years, as to not less than three-quarters by the person so occupying the land; or(b) where the unexpired term of the lease is not more than two years, as to not more than one-quarter by that person –(5) [Section 18 Subsection (5) amended by No. 64 of 1974, s. 20 and Sched. 1 ]In relation to the recovery of any sum under this section in respect of the carrying out of any work or the doing of any other thing references in subsection (4) to the unexpired term of a lease are to be construed as references to the term of the lease that had not expired at the time at which that work or thing was carried out or done.(6) In determining, for the purposes of this section, the cost of any work or the doing of any other thing a reasonable sum may be included in respect of any labour or equipment provided by the owner or occupier of the land.(7) This section has effect subject to the terms and conditions of any lease, covenant, or agreement binding on the owner or occupier of the land.
(1) [Section 19 Subsection (1) amended by No. 64 of 1974, s. 12 ][Section 19 Subsection (1) amended by No. 29 of 1983, s. 11 ]Where the Governor is satisfied that a noxious weed has been found to exist at any place he may by order declare any area or any land within which that place is situated to be an infested area in respect of that noxious weed, and any area or any land so declared to be an infested area in respect of a noxious weed is in this Act referred to as an "infested area".(2) [Section 19 Subsection (2) amended by No. 29 of 1983, s. 11 ]Regulations under this Act may prohibit or control, or authorize an inspector to issue an order prohibiting or controlling, the movements of plants, animals, materials, articles, and other things from or within an infested area and the movement, possession, use, and disposal of plants, animals, materials, articles, and other things that have been in, or have been taken from, an infested area or any place therein.(3) [Section 19 Subsection (3) amended by No. 64 of 1974, s. 20 and Sched. 1 ][Section 19 Subsection (3) amended by No. 29 of 1983, s. 11 ]Without prejudice to the generality of subsection (2) , regulations made for the purposes of this section, or orders made under those regulations, may –(a) prohibit or restrict the removal of any plant, animal, material, article, or other thing from an infested area or any place therein, and the movement, possession, use, or disposal of any plant, animal, material, article, or other thing that has been in, or has been removed from, an infested area or any place therein;(b) require, in relation to the removal of any plant, animal, material, article, or other thing from an infested area or any place therein or the movement, possession, use, or disposal of any plant, animal, material, article, or other thing that has been in, or has been removed from, an infested area or any place therein, the compliance with such conditions, the observance of such precautions and the taking of such measures as may be specified in, or directed to be complied with, observed, or taken in pursuance of, the regulations; and(c) require or regulate the treatment, disposal, or destruction of any plant, animal, material, article, or other thing that has been in, or has been taken from, an infested area or any place therein, including the removal back to an infested area or any place therein, of any such plant, animal, material, article, or thing.(4) [Section 19 Subsection (4) amended by No. 64 of 1974, s. 12 ]Regulations made for the purposes of this section may make different provisions with respect to different infested areas and with respect to different noxious weeds.
20. Prohibition on removal of noxious weeds
(1) [Section 20 Subsection (1) amended by No. 64 of 1974, s. 13 ]Except as may otherwise be authorized or required under this Act, no person shall remove a prohibited weed from any place, or cause or allow a prohibited weed to be removed from any place, whether or not while being removed the prohibited weed is mixed with any other plants or materials or is on, or carried by, any animal, material, article, or other thing.(2) [Section 20 Subsection (2) amended by No. 64 of 1974, s. 13 ][Section 20 Subsection (2) amended by No. 29 of 1983, s. 12 ]Nothing in this section prohibits the removal of a prohibited weed for the purpose of –if, while being so removed, reasonable precautions are taken to prevent the dissemination or propagation of the prohibited weed.(a) its being identified or destroyed;(b) its being used for human consumption;(c) its being manufactured or processed into any material, article, or other thing, whereby its ability to propagate will be destroyed; or(d) its being used, with the approval of the Director, for research or educational purposes or both –(3) [Section 20 Subsection (3) amended by No. 64 of 1974, s. 13 ]Nothing in this section prohibits the removal of a prohibited weed that takes place entirely within land in the same occupation and does not involve traversing a highway if that removal is carried out by, or with the approval of, the owner or occupier of that land.
21. Movement of agricultural implements, vehicles, and animals
[Section 21 Subsection (1) amended by No. 96 of 1987, s. 9 ](1) [Section 21 Subsection (1) amended by No. 64 of 1974, s. 14 ]No person shall move, or cause or allow to be moved, from any place –unless reasonable measures have been taken to ensure that that implement, vehicle, or animal, while it is being so moved, is free from prohibited weeds.(a) an agricultural implement;(b) a vehicle that is ordinarily used or is being used for the carriage of plants, agricultural produce, livestock, or agricultural implements; or(c) an ovine, bovine, caprine, or equine animal –(2) This section does not apply to the movement of any agricultural implement, vehicle, or animal that takes place entirely on land in the same occupation and does not involve traversing a highway if that movement is carried out by, or with the approval of, the owner or occupier of that land.
22. Importation of prohibited weeds and other plants, and animals
(1) [Section 22 Subsection (1) amended by No. 64 of 1974, s. 15 ][Section 22 Subsection (1) amended by No. 29 of 1983, s. 13 ]Subject to subsection (1A) , a person shall not bring any prohibited weed or unidentified plant into the State or cause or allow any prohibited weed or unidentified plant to be brought into the State.(1A) [Section 22 Subsection (1A) inserted by No. 29 of 1983, s. 12 ] Subsection (1) does not apply to a person who brings or allows to be brought into the State weed seeds in feed grains, if the tolerance level requirements contained in regulations made under section 34 (3A) are complied with.(2) [Section 22 Subsection (2) amended by No. 64 of 1974, s. 15 ][Section 22 Subsection (2) amended by No. 29 of 1983, s. 13 ]For the purpose of preventing the bringing into the State of prohibited weeds or unidentified plants that are mixed with other plants or are on, or carried by, animals, or of preventing the propagation or dissemination of any prohibited weeds or unidentified plants so brought into the State, regulations under this Act may –(a) require notifications to be made and information to be furnished with respect to any plants or animals that are brought or intended to be brought into the State, including information with respect to the origin of those plants and with respect to the places at which those animals were kept or depastured before being brought into the State;(b) require any plants or animals brought into the State to be removed to or kept in any place;(c) authorize and regulate the inspection or examination of plants and animals required to be removed to or kept in any place in pursuance of the regulations;(d) require or regulate the treatment, destruction, killing, disposal, or removal from the State of any plant or animal that on an inspection or examination made under the regulations is found to be infested with prohibited weeds; and(e) require or regulate the shearing of sheep or goats before those animals are brought into the State, and exempt persons prescribed in the regulations from compliance with the regulations in circumstances, or upon conditions, so prescribed.
(1) The Director may, by notice in writing, exempt any person from compliance with all or any of the provisions of this Act or of any notice or requirement made thereunder.(2) An exemption under this section may be granted subject to such conditions as may be agreed between the Director and the person to whom the exemption is granted.(3) A person to whom an exemption is granted under this section who fails to comply with the conditions subject to which it is granted, or who fails to secure that those conditions are complied with, is guilty of an offence.
(1) [Section 24 Subsection (1) amended by No. 64 of 1974, s. 16 ]An inspector may examine and search any land for the presence of noxious or secondary weeds and where any noxious or secondary weed is found on any land may examine that land to determine the extent to which it is infested with that noxious or secondary weed.(2) An inspector may inspect and examine any plant that is offered, kept, or exposed for sale, and any premises where any plant is grown for sale or is offered, exposed, or kept for sale.(3) [Section 24 Subsection (3) amended by No. 64 of 1974, s. 16 ][Section 24 Subsection (3) amended by No. 96 of 1987, s. 10 ]An inspector may inspect and examine for the presence of noxious or secondary weeds –(a) any vehicle that is being used, or appears to him to have recently been used, for the conveyance of any plants, animals, agricultural produce, or agricultural implements;(b) any agricultural implement; and(c) any ovine, bovine, caprine, or equine animal.(4) [Section 24 Subsection (4) amended by No. 64 of 1974, s. 16 ]An inspector may inspect and examine any plants, animals, materials, articles, and other things that he has reason to believe have been removed from an infested area or any place therein, or may be infested with noxious or secondary weeds, and any premises or vehicle in or on which any such plants, animals, materials, articles, or things are found, or in or on which the inspector has reason to believe there are, or have recently been, any such plants, animals, materials, articles, or things.(5) [Section 24 Subsection (5) substituted by No. 64 of 1974, s. 16 ]An inspector may –(a) remove from any premises any plant or any part of a plant for the purpose of determining whether that plant is a noxious or secondary weed;(b) seize a noxious or secondary weed and destroy it or cause it to be destroyed; and(c) take such measures as he considers necessary to destroy a noxious or secondary weed found at any place or to prevent or minimize its dissemination.(6) [Section 24 Subsection (6) substituted by No. 64 of 1974, s. 16 ]When on an inspection and examination of a vehicle or implement as provided by subsection (3) an inspector finds or has reason to believe that any noxious or secondary weed is present on or in that vehicle or implement or any plant, animal, agricultural produce, or agricultural implement that is being conveyed in or on that vehicle, he may order the driver or person in charge of that vehicle or implement to immediately drive or take it or cause it to be driven or taken to some place specified by the inspector, and left there for the purpose of further inspection and examination and the destruction of any noxious or secondary weed or any plant or agricultural produce containing any noxious or secondary weed.(7) [Section 24 Subsection (7) omitted by No. 64 of 1974, s. 16 ]. . . . . . . .
(1) For the purpose of the exercise of his functions under this Act, an inspector may enter upon any land taking with him such persons as he may consider necessary to assist him in the carrying out of the purpose for which he has the right to enter that land.(2) For the purpose of carrying out any work on any land or the doing of any other thing in relation to any land that, under this Act, the Minister or a local authority has power to carry out or do or cause to be carried out or done, any person authorized by the Minister or the local authority may enter upon that land.(3) [Section 25 Subsection (3) added by No. 29 of 1983, s. 14 ]A person authorized by or under this section to enter any land may take with him on to that land and use there any vehicle, equipment, or chemical that he considers appropriate to achieve the purpose for which he is authorized to enter the land.
(1) No person shall obstruct, hinder, or interfere with –(a) any inspector in the exercise of the functions conferred on him by this Act; or(b) any other person in the exercise of the power conferred on him by this Act to enter upon any land.(2) No person shall obstruct, hinder, or interfere with the carrying out of any work or the doing of any thing that, under this Act, the Minister or a local authority is empowered to carry out or do or cause to be carried out or done.
[Section 27 Amended by No. 64 of 1974, s. 17 ][Section 27 Amended by No. 29 of 1983, s. 15 ][Section 27 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who contravenes or fails to comply with any provision of this Act that is applicable to him is guilty of an offence, and, except as otherwise expressly provided in this Act, a person who is convicted of an offence under this Act is liable to a fine not exceeding 10 penalty units.
(1) Where under this Act a notice or other document is authorized or required to be served on, or given to, any person that notice or document may be served on, or given to, that person –and, where such a notice or document is authorized or required to be served or given in respect of any land that appears to be unoccupied and the owner of which cannot, after reasonable inquiry, be found, the notice or document may be served or given by fixing it on some conspicuous part of the land.(a) by delivering it to him personally;(b) by leaving it at his usual or last-known place of abode; or(c) by sending it by registered post addressed to him at his usual or last-known place of abode –(2) Where a notice or other document is authorized or required under this Act to be served on or given to the owner or occupier of any land it may, if the name of that owner or occupier is not known, be addressed to him as the "owner" or "occupier" of that land without further name or description.
29. Proceedings by local authorities
Without prejudice to the powers of any other person, a local authority may take proceedings in respect of any offence alleged to have been committed under this Act.
The expenses incurred by the Minister under this Act shall be provided out of moneys provided by Parliament for the purpose.
No person exercising any powers or authorities conferred on him by this Act shall be liable to any proceedings in respect of any act done in the exercise of those powers or authorities unless the act was done in bad faith or without reasonable care.
32. Compensation and reimbursement of owners and occupiers
[Section 32 Subsection (1) amended by No. 29 of 1983, s. 16 ][Section 33 Repealed by No. 64 of 1974, s. 18 ](1) [Section 32 Subsection (1) amended by No. 64 of 1974, s. 20 and Sched. 1 ]The Minister may pay compensation wholly or in part to an owner or occupier of lands in an infested area for his losses in doing things that he would not ordinarily be expected to do if not required so to do by regulations or an order or orders for the purposes of section 19 .(2) The Governor may by order declare lands within an infested area on which common weeds would not be dealt with in the ordinary course of farming to be difficult infested lands.(3) The Minister may pay owners and occupiers of difficult infested lands subsidies in respect of work done thereon to comply with this Act.
(1) The Governor may make regulations for the purposes of this Act and, without prejudice to the generality of the provisions of this section, those regulations may –(a) require fees to be paid for the inspection by an inspector of any plant, animal, material, article, or other thing, or any premises; and(b) require returns to be made by persons growing, selling, or importing into, or exporting from, the State any plant of a prescribed species or kind.(2) Where under this Act power is given to make regulations prohibiting, restricting, requiring, or regulating the doing of any thing those regulations may authorize an inspector, or such an inspector or other person as may be specified in the regulations, to give directions prohibiting, restricting, requiring, or regulating the doing of that thing, and may prescribe the manner in which those directions are to be or may be given.(3) Where by this Act power is given to make regulations requiring, or authorizing the giving of directions requiring the carrying out or performance of any operation, act, or other thing the regulations may –(a) authorize an inspector, or such an inspector or other person as may be specified in the regulations, in such cases or circumstances as may be so specified, to carry out or perform that operation, act, or other thing, and, for that purpose to seize, and remove to and detain in any place, any plants, animals, materials, articles, or other things; and(b) provide for the recovery from such persons as may be specified in the regulations the expenses incurred in the carrying out or performance by that inspector or other person of that operation, act, or other thing or that seizure, removal, or detention.(3A) [Section 34 Subsection (3A) inserted by No. 29 of 1983, s. 17 ]Regulations made under this Act may –(a) make provision for or with respect to the determination and enforcement of tolerance levels of weed seeds in feed grain brought into the State; and(b) provide for sampling or other methods of testing to ensure that the tolerance levels prescribed by those regulations are not exceeded.(4) Any fees required to be paid to, and any expenses recoverable by, the Minister under regulations made under this Act may be recovered by him as a debt due to the Crown.(5) [Section 34 Subsection (5) amended by No. 64 of 1974, s. 20 and Sched. 1 ] Subsections (2) and (3) do not apply to regulations made for the purposes of section 13 .(6) [Section 34 Subsection (6) substituted by No. 29 of 1983, s. 17 ][Section 34 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Regulations made under this Act may provide that it is an offence, punishable on summary conviction, for a person to contravene, or fail to comply with, those regulations or a direction or order made under those regulations and may provide in respect of any such offence:(a) in the case of regulations made under subsection (1) (b) , for the imposition of a penalty not exceeding 3 penalty units;(b) in the case of regulations made under section 19 or 22 (2) (e) , for the imposition of a penalty not exceeding 10 penalty units together with a special penalty –to which the offence relates; and(i) not exceeding 0·2 penalty unit in relation to each ovine or caprine animal; and(ii) not exceeding 2 penalty units in relation to each bovine or equine animal –(c) in any other case, for the imposition of a penalty not exceeding 10 penalty units.(6A) [Section 34 Subsection (6A) inserted by No. 29 of 1983, s. 17 ]Regulations made under this Act may authorize any matter or thing to be from time to time determined, applied, or regulated by any person or body specified in those regulations.(6B) [Section 34 Subsection (6B) inserted by No. 29 of 1983, s. 17 ]Regulations made under this Act may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in those regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.(7) Any person who, being required to furnish information or make a return in accordance with regulations under this Act, furnishes information or makes a return that is false in any material particular is guilty of an offence.
35. Continuation of existing appointments
(1) [Section 35 Subsection (1) omitted by No. 29 of 1983, s. 18 ]. . . . . . . .(2) [Section 35 Subsection (2) amended by No. 64 of 1974, s. 20 and Sched. 1 ][Section 35 Subsection (2) amended by No. 99 of 1982, s. 3 and Sched. 1, Part II ]Any person who immediately before the commencement of this Act held office as an inspector appointed under section 7 (1) of the Noxious Weeds Act 1938 shall be deemed to have been appointed an inspector under section 8 (1) of this Act, and any person who immediately before the commencement of this Act held office as a municipal inspector appointed under section 7 (2) of that Act shall be deemed to have been appointed a municipal inspector under section 8 (2) of this Act.
36. Consequential amendments of other Acts
The Acts that are specified in the second schedule are amended as respectively specified in that schedule.
SCHEDULE 1 - Recovery of sums due to the Minister[Schedule 1 Amended by No. 51 of 1985, s. 4 and Sched. 2 ][Schedule 1 Amended by No. 24 of 1993, s. 3 and Sched. 1 ][Schedule 1 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]
1.(1) In this schedule recoverable sum means any sum that is recoverable by the Minister from the owner or occupier of any land under this Act and that is by virtue of this Act charged on that land, and, when used in relation to any land, means the recoverable sum that is so charged on that land.(2) A demand for a sum shall for the purposes of this schedule be deemed to have been made when a notice requiring the payment of that sum has been served on any person from whom it is recoverable.
2.(1) A recoverable sum ranks equally with all other debts due in respect of the land on which it is charged to any body constituted by or under an enactment that, by virtue of any enactment, are also charged on that land, but has priority to all other mortgages, charges, liens, and other incumbrances.(2) Notwithstanding anything in the following provisions of this schedule, the taking possession, leasing, sale, conveyance, transfer, or vesting of any land under this schedule takes effect subject to any exceptions or reservations in the Crown grant of that land, to any public rights affecting that land, and to any easements, conditions, and covenants to which that land is subject and which any person is entitled to enjoy or enforce by virtue of his estate in any other land.
3. The Minister may enter into an agreement with any person liable to pay a recoverable sum for the payment of that sum by instalments together with interest, calculated at such rate and in such manner as the Minister may determine, on the amount for the time being outstanding.
4. A recoverable sum may be recovered from the owner or occupier of the land as a debt due to the Crown.
5.(1) Where a recoverable sum due in respect of any land remains, in whole or in part, unpaid after the expiration of thirty days after a demand therefor has been made, the Minister may by warrant of any two justices in petty sessions levy the amount so remaining unpaid by distress and sale of goods found on the land, rendering the overplus to the person on whom the demand was made.(2) The justices may in a warrant issued under this paragraph order that there shall also be levied under the warrant such sum as they consider reasonable for the costs and expenses of obtaining the warrant and such further sum as may be necessary to meet the cost of taking, keeping, and selling the goods distrained under the warrant.(3) All goods and chattels not exempted by any Act from distress that are found on the land in respect of which a recoverable sum is payable, to whomsoever they belong, and notwithstanding any previous seizure or possession thereof by any landlord under any warrant for distress for rent, or by the holder of any bill of sale, are liable to be taken under a warrant under this paragraph.(4) Any timber standing or lying on any land in respect of which a warrant is issued under this paragraph is under that warrant liable to be taken and sold, and for that purpose may be felled or removed.(5) Where any timber is sold under a warrant issued under this paragraph the purchaser or any person authorized by him may enter on the land on which the timber is situated, and may cut and remove the same.(6) Where the proceeds of any distress under this paragraph are insufficient to meet the whole of the sums for which the distress was levied, a further distress may be levied under the same warrant to recover the balance thereof.(7) Where the person having the execution of any warrant of distress under this paragraph returns that he could find no goods, or no sufficient goods, whereon to levy the amount of the warrant, any two justices in petty sessions may certify to a court of competent jurisdiction that it appears to them that the amount of the warrant or a part of it has not been levied thereunder, and, when that certificate is filed in that court, the Minister may issue execution as if the certificate were a judgment of the court for the recovery by the Minister from the party named in the certificate of the amount thereby appearing not to have been levied.(8) A distress under this paragraph is not unlawful on account of any defect or want of form in the warrant or any proceedings relating thereto, and a person distraining under this paragraph does not become a trespasser ab initio on account of any irregularity that he may afterwards commit.(9) Subject to this paragraph, the Justices Act 1959 applies to proceedings under this paragraph.
6. Where a recoverable sum remains in whole or in part unpaid for not less than four years after the payment of that recoverable sum was first demanded by the Minister and the amount thereof remaining unpaid, including any interest accruing thereon and any costs properly incurred in any proceedings taken for the recovery thereof, is not less than the aggregate of the amounts of the rates that have been levied in respect of the land by a local authority during the five years ending on the thirtieth day of June last past, the Minister may, in accordance with this schedule take possession of, sell, or purchase that land.
7.(1) Before taking possession of any land under this schedule the Minister shall serve on every person appearing by the Register kept under the Land Titles Act 1980 or by any instrument registered in the Registry of Deeds to have any estate or interest in the land a notice stating the amount of the sum remaining unpaid and the intention of the Minister to enter into possession of the land.(2) Failure to comply with subparagraph (1) of this paragraph does not render invalid the exercise of any powers conferred by this schedule, but, subject thereto, nothing in this subparagraph relieves the Minister or any other person from any liability arising from the failure to comply with that subparagraph.(3) On taking possession of any land under this schedule the Minister shall cause to be affixed upon some conspicuous part thereof a notice that possession of the land has been taken by the Minister and that the land is to be let on lease.(4) Where the Minister has taken possession of any land under this schedule he may cause to be done such things as he may consider necessary to maintain the land in proper condition or to make it more readily capable of being let, and may insure any buildings or improvements thereon.(5) Where the Minister has taken possession of any land under this schedule he may lease the land at the best rent that can reasonably be obtained for such term, not exceeding seven years, as he may think fit.(6) So much of the rents received by the Minister in respect of a lease of any land under this paragraph as exceed –shall be held by the Crown in trust for the person who would be entitled to the rents and profits of the land if the Minister had not taken possession of the land.(a) the costs of and incidental to the preparation and execution of the lease;(b) the sums reasonably expended by the Minister under subparagraph (4) of this paragraph in respect of the land;(c) any taxes, rates, charges, and other outgoings due in respect of the land; and(d) any sums due to or recoverable by the Minister or the Crown in respect of the land –(7) Where the Minister takes possession of any land under this paragraph interest shall be deemed to accrue at the rate of five per centum per annum on the amount of the recoverable sum for the time being unpaid, and the interest so accruing due is recoverable in like manner as the recoverable sum.(8) Where, at the expiration of a period of thirty years from the date on which the Minister took possession of any land under this schedule, any money is held by the Crown under subparagraph (6) of this paragraph in respect of a lease of that land granted under this paragraph and no demand has been made for the payment of that money by a person entitled thereto that money shall cease to be held on trust and shall be paid into the Consolidated Revenue.(9) If within thirty years of the Minister taking possession of any land under this paragraph the recoverable sum and any interest accruing thereon is paid, the Minister shall, on demand being made to him by any person having an estate or interest in the land, relinquish the possession of that land.(10) The relinquishment by the Minister of the possession of any land under this paragraph does not prejudice or affect any lease of that land granted under this schedule except that the rights, duties, liabilities, and obligations of the Minister under the lease shall vest in the person who, if that lease had not been granted, would for the time being be entitled to the rents and profits of the land.(11) If the Minister is not required within thirty years of taking possession of any land under this schedule to relinquish possession of that land that land on the expiration of that period reverts to and revests in Her Majesty absolutely freed and discharged from all estates and interests.
8.(1) Where any land is sold by the Minister under this schedule, the Minister may, subject to this paragraph, convey or transfer the land to the purchaser for an estate in fee simple.(2) Where any land subject to the Land Titles Act 1980 is transferred under this paragraph the Recorder of Titles shall, on the transfer being presented to him, cancel the existing Crown grant, or certificate of title, in respect of the land and shall issue to the purchaser a new certificate of title to that land for the estate transferred to him.(3) Where the duplicate Crown grant or certificate of title is not presented to the Recorder of Titles with the transfer of any land under this paragraph that duplicate shall be deemed to have been wrongfully retained.(4) So much of the purchase money received under this paragraph as exceeds the costs of and incidental to the sale and conveyance or transfer of the land and the amount of any taxes or other sums due to or recoverable by or on behalf of the Crown in respect of the land shall be held by the Crown in trust for the persons having estates or interests in the land immediately before the sale according to their respective estates and interests.
9.(1) Where the Minister is authorized under this schedule to purchase any land he shall be deemed to have been so authorized for the purpose of the recovery of sums due under this Act in respect of that land, and, subject to this schedule, the Land Acquisition Act 1993 applies accordingly.(2) Section 73 of the Land Acquisition Act 1993 does not apply to any land purchased by the Minister under this schedule, but any land so purchased may be disposed of on such terms and conditions, and to such persons, as the Governor may approve or may be dealt with in such other manner as the Governor may direct.(3) The proceeds of the disposal or other dealing with any land under subparagraph (2) of this paragraph shall be paid into the Consolidated Fund.
10. If a mortgagee of any land in respect of which a recoverable sum is payable pays the whole or any part of that sum, the amount so paid may be added to the principal sum secured by the mortgage, and may be recovered as part of the principal with interest at the rate chargeable under the mortgage on the moneys thereby secured.
SCHEDULE 2 - Consequential AmendmentsThe amendments effected by this Schedule have been incorporated into the authorised version of the following Acts:
(a) Boundary Fences Act 1908 ;(b) Roads and Jetties Act 1935 ;(c) Local Government Act 1962 .