Weeds Management Act 2001

(b) there exists on the land a declared weed and the person has knowledge of that circumstance; and

(c) the person fails to take reasonable measures to prevent the declared weed from spreading; and

(d) the declared weed spreads on the land or to other land and the person is reckless in relation to that result.

Penalty: environmental offence level 3.

(b) there exists on the land a declared weed and the person has knowledge of that circumstance; and

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

Penalty: environmental offence level 3.

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

(b) the place is not land owned or occupied by the person where the declared weed exists or a designated weed disposal area.

Penalty: environmental offence level 4.

(b) there becomes present on the land a declared weed that was not previously present on the land; and

(c) the person fails to notify an officer of the presence of the declared weed within 14 days after first becoming aware of the presence of the declared weed on the land.

Penalty: environmental offence level 4.

(6) An offence against subsection (4) or (5) is an offence of strict liability.

(7) It is a defence to a prosecution for an offence against subsection (1), (2), (4) or (5) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

Note for subsection (7)

The defendant has an evidential burden in relation to the matters in subsection (7) (see section 43BU of the Criminal Code).