Weeds Management Act 2001

A person commits an offence if:

the person is an owner or occupier of land; and

there exists on the land a potential weed and the person has knowledge of that circumstance; and

the person fails to take reasonable measures to prevent the potential weed from spreading; and

the potential weed spreads on the land or to other land and the person is reckless in relation to that result.

Penalty: environmental offence level 3.

A person commits an offence if:

the person is an owner or occupier of land; and

there exists on the land a potential weed and the person has knowledge of that circumstance; and

the person destroys or disposes of the potential weed at a place;

and

the place is not the land owned or occupied by the person where the potential weed exists or a designated weed disposal area and the person is reckless in relation to that circumstance.

Penalty: environmental offence level 3.

Strict liability applies to subsections (1)(a) and (c) and

(a) and (c).

A person commits an offence if:

the person disposes of a potential weed at a place; and

the place is not land owned or occupied by the person where the potential weed exists or a designated weed disposal area.

Penalty: environmental offence level 4.

An offence against subsection (4) is an offence of strict liability.

It is a defence to a prosecution for an offence against subsection (1), (2) or (4) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

Note for subsection (6)

The defendant has an evidential burden in relation to the matters in subsection (6) (see section 43BU of the Criminal Code).