Weeds Management Act 2001

This Act may be cited as the Weeds Management Act 2001.

This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

The purpose of this Act is:

to prevent the spread of weeds in, into and out of the

Territory; and

to minimise the impact of weeds in the Territory; and

to ensure that the management of the spread of weeds is an integral component of land management; and

to ensure that the management of the impact of weeds is an integral component of land management; and

to ensure there is community consultation in the creation of weed management plans; and

to ensure that there is community responsibility in implementing weed management plans.

In this Act, unless the contrary intention appears:

access permit means an access permit granted under section 22.

approved means approved by the Minister in writing.

authorised person means an authorised person appointed under section 25.

cleaning area means land declared to be a cleaning area under section 23.

declared weed means a plant declared to be a declared weed under section 7.

designated weed disposal area means an area declared under section 8.

emergency weed management plan means an emergency weed management plan approved under section 15.

fodder includes hay, chaff, meal, grain, silage and other plant-based animal feed preparations.

land includes buildings and water on land.

officer means a weed management officer appointed under section 24.

permit means a permit granted under section 28F.

plant means vegetation, whether living or dead, and includes:

trees, shrubs, bushes, grasses, sedges, herbs, ferns, algae and fungi; and

a part or product of a plant including flowers, fruit, seed, spore, cuttings, roots and rhizomes.

potential weed means a plant declared to be a potential weed under section 7.

quarantine area means land declared to be a quarantine area under section 21.

remedial weed management plan means a remedial weed management plan approved by the Minister or prepared by the Minister under section 14.

road, see section 5(1) of the Control of Roads Act

1953.

soil includes sand, gravel and rock.

this Act includes the Regulations.

vehicle means:

a conveyance or other device designed to be propelled or drawn by any means; or

a device that runs on wheels or tracks whether or not with motive power including agricultural machinery, equipment and implements, trailers and caravans.

weed control notice means a notice issued under section

15B.

weed management plan means a weed management plan approved under section 10.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

This Act binds the Crown in right of the Territory and, in so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note for section 5A

Part IIAA of the Criminal

Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

The Minister may, in writing, delegate to a person, including the person from time to time holding, acting in or performing the duties of an office, designation or position, any of the Minister's powers and functions under this Act, other than this power of delegation.

A power or function delegated under this section, when exercised or performed by the delegate, is to be taken to have been exercised or performed by the Minister.

A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister.

Part 2 Declared and potential weeds

The Minister may, by Gazette notice, declare a plant to be a declared weed for the purposes of preventing the plant entering into, or managing the plant in, the Territory or a part of the

Territory.

The Minister may, by Gazette notice, declare a plant to be a potential weed for the purposes of preventing the plant entering into, or managing the plant in, the Territory or a part of the

Territory.

Before making a declaration under subsection (1) or (2) the

Minister must consult with the Minister responsible for the administration of the Territory Parks and Wildlife Conservation

Act 1976 in relation to the proposed declaration.

A declaration under subsection (1) or (2) may classify a plant according to any of the following purposes:

it is necessary to eradicate the plant;

it is necessary to prevent the growing and spreading of the plant;

it is necessary to prevent the introduction of the plant into the

Territory or a part of the Territory;

it is necessary to prevent the plant being spread by the actions of persons.

In making a declaration under this section, the Minister may use a nationally agreed classification scheme or code that the Minister considers appropriate.

The Minister may, by notice in the Gazette, declare an area to be a designated weed disposal area where declared weeds or potential weeds may be disposed of.

Without limiting subsection (1), a declaration under that subsection may be made in respect of any of the following:

a particular species of declared weed or potential weed;

a particular classification of declared weed or potential weed under section 7(4);

any class or group of declared weeds or potential weeds;

all declared weeds;

all potential weeds.

Part 3 Management of weeds

Division 1 General duties

A person has a duty to:

comply with any weed management plan for a potential weed; and

ensure that, if the person uses a potential weed, the potential weed is used in accordance with any classification of the potential weed under section 7(4)(b), (c) or (d).

Except in accordance with a permit, a person has a duty to not do any of the following:

propagate or scatter a potential weed;

sell or offer to sell any equipment, device or any other thing that contains a potential weed;

purchase or offer to purchase any equipment, device or any other thing that contains a potential weed;

hire or offer for hire to another person any equipment, device or any other thing that contains a potential weed;

hire or request to hire from another person any equipment, device or any other thing that contains a potential weed.

If a person transports a potential weed to a designated weed disposal area, the person has a duty to secure and contain the potential weed during the course of transporting it.

A person commits an offence if:

the person intentionally transports a plant; and

the plant is a potential weed and the person has knowledge of that circumstance; and

the person fails to secure and contain the potential weed during the course of transporting it.

Penalty: environmental offence level 3.

Strict liability applies to subsection (1)(c).

A person commits an offence if:

the person transports a potential weed; and

the person fails to secure or contain the potential weed during the course of transporting it.

Penalty: environmental offence level 4.

An offence against subsection (3) is an offence of strict liability.

It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

Note for subsection (5)

The defendant has an evidential burden in relation to the matters in subsection (5) (see section 43BU of the Criminal Code).

A person commits an offence if:

the person intentionally hires from another person or buys any equipment, device or any other thing; and

the equipment, device or thing contains a potential weed and the person is reckless in relation to that circumstance; and

the person does not have a permit to use the potential weed for the conduct specified in paragraph (a).

Penalty: environmental offence level 3.

A person commits an offence if:

the person intentionally hires to another person or sells any equipment, device or any other thing; and

the equipment, device or thing contains a potential weed and the person is reckless in relation to that circumstance; and

the person does not have a permit to use the potential weed for the conduct specified in paragraph (a).

Penalty: environmental offence level 3.

Strict liability applies to subsections (1)(c) and (2)(c).

It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

Note for subsection (4)

The defendant has an evidential burden in relation to the matters in subsection (4) (see section 43BU of the Criminal Code).