{"id":"weeds-management-act-2001","name":"Weeds Management Act 2001","slug":"weeds-management-act-2001","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30714,"registerId":"nt-weeds-management-act-2001-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Weeds Management Act 2001","content":"NORTHERN TERRITORY OF AUSTRALIA\nWEEDS MANAGEMENT ACT 2001\nAs in force at 9 January 2023\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Purpose ........................................................................................... 1\n4 Definitions ........................................................................................ 1\n5 Act binds Crown .............................................................................. 3\n5A Application of Criminal Code ........................................................... 3\n6 Delegation ....................................................................................... 3\nPart 2 Declared and potential weeds\n7 Declared weeds and potential weeds .............................................. 4\n8 Designated weed disposal areas ..................................................... 4\nPart 3 Management of weeds\nDivision 1 General duties\n9 General duties for potential weeds .................................................. 5\n9A Offence to fail to comply with duty in respect of transport of\npotential weeds................................................................................ 5\n9B Offence to fail to comply with duty in respect of equipment\ncontaining potential weeds .............................................................. 6\n9C General duties of owner or occupier of land for potential\nweeds .............................................................................................. 7\n9D Offence to fail to comply with duty in respect of potential\nweeds on land ................................................................................. 7\n9E General duties for declared weeds .................................................. 8\n9F Offence to fail to comply with duty in respect of use of\ndeclared weeds ............................................................................. 10\n9G Offence to fail to comply with duty in respect of transport of\ndeclared weeds ............................................................................. 11\n9H Offence to spread declared weeds by animals or vehicles ............ 11\n9J Offence to supply product containing declared weeds .................. 12\n9K General duties of owner or occupier of land for declared\nweeds ............................................................................................ 12\n9L Offence to fail to comply with duty in respect of declared\nweeds on land ............................................................................... 13\n\nWeeds Management Act 2001 ii\nDivision 2 Weed management plans\n10 Weed management plans .............................................................. 14\n11 Approval of weed management plans ........................................... 16\n12 Review of weed management plans .............................................. 16\n13 Revocation or amendment of weed management plans................ 17\nDivision 3 Enforcement\n14 Contravention of weed management plan ..................................... 17\n14A Remedial weed management plan ................................................ 19\n14B Offences related to weed management plans and remedial\nweed management plans .............................................................. 19\nDivision 4 Emergency weed management plans\n15 Emergency weed management plans ........................................... 21\n15A Offences related to emergency weed management plans............. 21\nDivision 5 Weed control notice\n15B Weed control notice ....................................................................... 22\n15C Offence to contravene weed control notice ................................... 22\nDivision 6 Weed management works\n15D Power to carry out works ............................................................... 23\n15E Engaging persons to carry out works ............................................ 24\n15F Cost of weed management works ................................................. 24\nPart 4 Weed advisory committees\n16 Weed advisory committees............................................................ 24\n17 Functions of weed advisory committees ........................................ 25\n18 Meetings of weed advisory committees ......................................... 25\n19 Disclosure of interest ..................................................................... 26\n20 Offence for weed advisory committee member to disclose\ncertain information ......................................................................... 26\nPart 5 Quarantine and cleaning areas\n21 Quarantine areas ........................................................................... 27\n21A Restrictions attached to land in quarantine areas .......................... 28\n21B Offence related to quarantine areas .............................................. 28\n22 Access permit ................................................................................ 29\n22A Offence related to access permits ................................................. 29\n23 Cleaning areas .............................................................................. 30\n23A Restrictions attached to land in cleaning areas ............................. 30\n23B Offence to contravene cleaning area rules .................................... 30\n\nWeeds Management Act 2001 iii\nPart 6 Weed management officers and authorised\npersons\n24 Weed management officers ........................................................... 31\n25 Authorised persons........................................................................ 31\n25A Return of identity card ................................................................... 32\n26 Obstruction of officers and authorised persons ............................. 32\n27 Misleading information ................................................................... 33\n28 Powers of officers .......................................................................... 34\n28A Powers of officers to enter land ..................................................... 36\n28B Reasonable assistance to be given to officers............................... 37\n28C Duty of officer in relation to seized thing ........................................ 37\n28D Forfeiture of seized thing ............................................................... 38\n28E Offence to contravene order or requirement .................................. 38\nPart 6A Permits to use weeds\n28F Permits to use declared weed or potential weed ........................... 39\n28G Minister may require bond for permit to use declared weed .......... 39\n28H Holder to carry permit .................................................................... 40\n28J Variation, revocation and renewal of permit on application ........... 40\n28K Variation and revocation by Minister.............................................. 41\n28L Offence to contravene permit ........................................................ 41\nPart 7 Miscellaneous\n29 Notification of presence of plants or weeds ................................... 42\n30 Offence to contravene notification requirement ............................. 43\n33 Owner liable for costs incurred ...................................................... 43\n34 Fees .............................................................................................. 43\n35 Protection of officers and members ............................................... 43\n36 Appeals to Local Court .................................................................. 44\n37 Service of documents .................................................................... 44\n38 Continuing offences ....................................................................... 45\n39 Commencement of prosecutions ................................................... 45\n39A Time for commencing prosecution................................................. 45\n39B Statements of fact in complaint...................................................... 45\n39C Evidentiary certificates ................................................................... 45\n40 Regulations.................................................................................... 46\n41 Repeal ........................................................................................... 46\n42 Savings .......................................................................................... 46\nPart 8 Transitional matters for Weeds\nManagement Legislation Amendment\nAct 2022\n43 Definition........................................................................................ 47\n44 Continuation of declarations .......................................................... 47\n\nWeeds Management Act 2001 iv\n45 Continuation of plans ..................................................................... 47\n46 Continuation of orders ................................................................... 48\n47 Offence provisions – before and after commencement ................. 48\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 9 January 2023\n____________________\nWEEDS MANAGEMENT ACT 2001\nAn Act to protect the Territory's economy, community, industry and\nenvironment from the adverse impact of weeds\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Weeds Management Act 2001.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Purpose\nThe purpose of this Act is:\n(a) to prevent the spread of weeds in, into and out of the\nTerritory; and\n(ab) to minimise the impact of weeds in the Territory; and\n(ac) to ensure that the management of the spread of weeds is an\nintegral component of land management; and\n(ad) to ensure that the management of the impact of weeds is an\nintegral component of land management; and\n(b) to ensure there is community consultation in the creation of\nweed management plans; and\n(c) to ensure that there is community responsibility in\nimplementing weed management plans.\n4 Definitions\nIn this Act, unless the contrary intention appears:\naccess permit means an access permit granted under section 22.\n\nPart 1 Preliminary\nWeeds Management Act 2001 2\napproved means approved by the Minister in writing.\nauthorised person means an authorised person appointed under\nsection 25.\ncleaning area means land declared to be a cleaning area under\nsection 23.\ndeclared weed means a plant declared to be a declared weed\nunder section 7.\ndesignated weed disposal area means an area declared under\nsection 8.\nemergency weed management plan means an emergency weed\nmanagement plan approved under section 15.\nfodder includes hay, chaff, meal, grain, silage and other plant-\nbased animal feed preparations.\nland includes buildings and water on land.\nofficer means a weed management officer appointed under\nsection 24.\npermit means a permit granted under section 28F.\nplant means vegetation, whether living or dead, and includes:\n(a) trees, shrubs, bushes, grasses, sedges, herbs, ferns, algae\nand fungi; and\n(b) a part or product of a plant including flowers, fruit, seed, spore,\ncuttings, roots and rhizomes.\npotential weed means a plant declared to be a potential weed\nunder section 7.\nquarantine area means land declared to be a quarantine area\nunder section 21.\nremedial weed management plan means a remedial weed\nmanagement plan approved by the Minister or prepared by the\nMinister under section 14.\nroad, see section 5(1) of the Control of Roads Act 1953.\nsoil includes sand, gravel and rock.\nthis Act includes the Regulations.\n\nPart 1 Preliminary\nWeeds Management Act 2001 3\nvehicle means:\n(a) a conveyance or other device designed to be propelled or\ndrawn by any means; or\n(b) a device that runs on wheels or tracks whether or not with\nmotive power including agricultural machinery, equipment and\nimplements, trailers and caravans.\nweed control notice means a notice issued under section 15B.\nweed management plan means a weed management plan\napproved under section 10.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n5 Act binds Crown\nThis Act binds the Crown in right of the Territory and, in so far as\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n5A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n6 Delegation\n(1) The Minister may, in writing, delegate to a person, including the\nperson from time to time holding, acting in or performing the duties\nof an office, designation or position, any of the Minister's powers\nand functions under this Act, other than this power of delegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, is to be taken to have been exercised\nor performed by the Minister.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n\nPart 2 Declared and potential weeds\nWeeds Management Act 2001 4\nPart 2 Declared and potential weeds\n7 Declared weeds and potential weeds\n(1) The Minister may, by Gazette notice, declare a plant to be a\ndeclared weed for the purposes of preventing the plant entering\ninto, or managing the plant in, the Territory or a part of the Territory.\n(2) The Minister may, by Gazette notice, declare a plant to be a\npotential weed for the purposes of preventing the plant entering\ninto, or managing the plant in, the Territory or a part of the Territory.\n(3) Before making a declaration under subsection (1) or (2) the Minister\nmust consult with the Minister responsible for the administration of\nthe Territory Parks and Wildlife Conservation Act 1976 in relation to\nthe proposed declaration.\n(4) A declaration under subsection (1) or (2) may classify a plant\naccording to any of the following purposes:\n(a) it is necessary to eradicate the plant;\n(b) it is necessary to prevent the growing and spreading of the\nplant;\n(c) it is necessary to prevent the introduction of the plant into the\nTerritory or a part of the Territory;\n(d) it is necessary to prevent the plant being spread by the actions\nof persons.\n(5) In making a declaration under this section, the Minister may use a\nnationally agreed classification scheme or code that the Minister\nconsiders appropriate.\n8 Designated weed disposal areas\n(1) The Minister may, by notice in the Gazette, declare an area to be a\ndesignated weed disposal area where declared weeds or potential\nweeds may be disposed of.\n(2) Without limiting subsection (1), a declaration under that subsection\nmay be made in respect of any of the following:\n(a) a particular species of declared weed or potential weed;\n(b) a particular classification of declared weed or potential weed\nunder section 7(4);\n(c) any class or group of declared weeds or potential weeds;\n\nPart 3 Management of weeds\nDivision 1 General duties\nWeeds Management Act 2001 5\n(d) all declared weeds;\n(e) all potential weeds.\nPart 3 Management of weeds\nDivision 1 General duties\n9 General duties for potential weeds\n(1) A person has a duty to:\n(a) comply with any weed management plan for a potential\nweed; and\n(b) ensure that, if the person uses a potential weed, the potential\nweed is used in accordance with any classification of the\npotential weed under section 7(4)(b), (c) or (d).\n(2) Except in accordance with a permit, a person has a duty to not do\nany of the following:\n(a) propagate or scatter a potential weed;\n(b) sell or offer to sell any equipment, device or any other thing\nthat contains a potential weed;\n(c) purchase or offer to purchase any equipment, device or any\nother thing that contains a potential weed;\n(d) hire or offer for hire to another person any equipment, device\nor any other thing that contains a potential weed;\n(e) hire or request to hire from another person any equipment,\ndevice or any other thing that contains a potential weed.\n(3) If a person transports a potential weed to a designated weed\ndisposal area, the person has a duty to secure and contain the\npotential weed during the course of transporting it.\n9A Offence to fail to comply with duty in respect of transport of\npotential weeds\n(1) A person commits an offence if:\n(a) the person intentionally transports a plant; and\n(b) the plant is a potential weed and the person has knowledge of\nthat circumstance; and\n\nPart 3 Management of weeds\nDivision 1 General duties\nWeeds Management Act 2001 6\n(c) the person fails to secure and contain the potential weed\nduring the course of transporting it.\nPenalty: environmental offence level 3.\n(2) Strict liability applies to subsection (1)(c).\n(3) A person commits an offence if:\n(a) the person transports a potential weed; and\n(b) the person fails to secure or contain the potential weed during\nthe course of transporting it.\nPenalty: environmental offence level 4.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant took reasonable steps and\nexercised due diligence to prevent the commission of the offence.\nNote for subsection (5)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (5) (see section 43BU of the Criminal Code).\n9B Offence to fail to comply with duty in respect of equipment\ncontaining potential weeds\n(1) A person commits an offence if:\n(a) the person intentionally hires from another person or buys any\nequipment, device or any other thing; and\n(b) the equipment, device or thing contains a potential weed and\nthe person is reckless in relation to that circumstance; and\n(c) the person does not have a permit to use the potential weed\nfor the conduct specified in paragraph (a).\nPenalty: environmental offence level 3.\n(2) A person commits an offence if:\n(a) the person intentionally hires to another person or sells any\nequipment, device or any other thing; and\n(b) the equipment, device or thing contains a potential weed and\nthe person is reckless in relation to that circumstance; and\n\nPart 3 Management of weeds\nDivision 1 General duties\nWeeds Management Act 2001 7\n(c) the person does not have a permit to use the potential weed\nfor the conduct specified in paragraph (a).\nPenalty: environmental offence level 3.\n(3) Strict liability applies to subsections (1)(c) and (2)(c).\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant took reasonable steps and\nexercised due diligence to prevent the commission of the offence.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (4) (see section 43BU of the Criminal Code).\n9C General duties of owner or occupier of land for potential\nweeds\n(1) An owner or occupier of land has a duty to:\n(a) take all reasonable measures to prevent the spread of a\npotential weed on the land; and\n(b) take all reasonable measures to prevent a potential weed on\nthe land spreading to other land.\n(2) If an owner or occupier of land destroys or disposes of a potential\nweed, the owner or occupier has a duty to destroy or dispose of the\npotential weed on the land or at a designated weed disposal area.\nNote for section 9C\nIf there is a potential weed present on land, the owner or occupier of the land\nmust comply with any weed management plan for the potential weed (see\nsection 9(1)(a)).\n9D Offence to fail to comply with duty in respect of potential\nweeds on land\n(1) A person commits an offence if:\n(a) the person is an owner or occupier of land; and\n(b) there exists on the land a potential weed and the person has\nknowledge of that circumstance; and\n(c) the person fails to take reasonable measures to prevent the\npotential weed from spreading; and\n\nPart 3 Management of weeds\nDivision 1 General duties\nWeeds Management Act 2001 8\n(d) the potential weed spreads on the land or to other land and\nthe person is reckless in relation to that result.\nPenalty: environmental offence level 3.\n(2) A person commits an offence if:\n(a) the person is an owner or occupier of land; and\n(b) there exists on the land a potential weed and the person has\nknowledge of that circumstance; and\n(c) the person destroys or disposes of the potential weed at a\nplace; and\n(d) the place is not the land owned or occupied by the person\nwhere the potential weed exists or a designated weed\ndisposal area and the person is reckless in relation to that\ncircumstance.\nPenalty: environmental offence level 3.\n(3) Strict liability applies to subsections (1)(a) and (c) and (2)(a)\nand (c).\n(4) A person commits an offence if:\n(a) the person disposes of a potential weed at a place; and\n(b) the place is not land owned or occupied by the person where\nthe potential weed exists or a designated weed disposal area.\nPenalty: environmental offence level 4.\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (1), (2) or (4) if the defendant took reasonable steps and\nexercised due diligence to prevent the commission of the offence.\nNote for subsection (6)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (6) (see section 43BU of the Criminal Code).\n9E General duties for declared weeds\n(1) A person has a duty to:\n(a) comply with any weed management plan for a declared\nweed; and\n\nPart 3 Management of weeds\nDivision 1 General duties\nWeeds Management Act 2001 9\n(b) ensure that, if the person uses a declared weed, the declared\nweed is used in accordance with any classification of the\ndeclared weed under section 7(4)(b), (c) or (d).\n(2) Except in accordance with a permit, a person has a duty to not do\nany of the following:\n(a) bring, or be responsible for bringing, a declared weed into the\nTerritory;\n(b) propagate or scatter a declared weed;\n(c) sell, offer to sell or provide a declared weed or any thing that\ncontains or carries a declared weed;\n(d) purchase or offer to purchase a declared weed or any thing\nthat contains or carries a declared weed;\n(e) hire or offer for hire to another person any equipment, device\nor any other thing that contains a declared weed;\n(f) hire or request to hire from another person any equipment,\ndevice or any other thing that contains a declared weed;\n(g) store, grow or use a declared weed or any thing that contains\nor carries a declared weed;\n(h) subject to this section, transport or carry a declared weed or\nany thing that contains or carries a declared weed.\n(3) Despite subsection (2)(h), if a person has a plant that the person\nthinks may be a declared weed, the person may transport or carry\nthe plant or any thing that contains or carries the plant to:\n(a) an officer for the purpose of having it identified; or\n(b) a designated weed disposal area.\n(4) A plant or thing referred to in subsection (3) must be transported or\ncarried in a sealed container.\n(5) If a person transports a declared weed in accordance with a permit,\nthe person has a duty to secure and contain the weed during the\ncourse of transporting it.\n\nPart 3 Management of weeds\nDivision 1 General duties\nWeeds Management Act 2001 10\n9F Offence to fail to comply with duty in respect of use of\ndeclared weeds\n(1) A person commits an offence if:\n(a) the person intentionally does any of the following:\n(i) brings a plant into the Territory;\n(ii) propagates or scatters a plant;\n(iii) sells, offers to sell or provides a plant or any thing that\ncontains or carries a plant;\n(iv) purchases or offers to purchase a plant or any thing that\ncontains or carries a plant;\n(v) hires or offers to hire to another person any equipment,\ndevice or any other thing that contains or carries a plant;\n(vi) hires or requests to hire from another person any\nequipment, device or any other thing that contains or\ncarries a plant;\n(vii) stores, grows or uses a plant or thing that contains or\ncarries a plant;\n(viii) transports or carries on their person a plant or any thing\nthat contains or carries a plant; and\n(b) the plant specified in paragraph (a) is a declared weed and the\nperson has knowledge of that circumstance; and\n(c) the person does not have a permit to use the declared weed\nfor the conduct specified in paragraph (a).\nPenalty: environmental offence level 3.\n(2) Strict liability applies to subsection (1)(c).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) constituted by transporting or carrying a declared\nweed or any thing that contains or carries a declared weed if the\nperson was instructed to transport or carry the thing that contained\nor carried the declared weed by an officer.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (3) (see section 43BU of the Criminal Code).\n\nPart 3 Management of weeds\nDivision 1 General duties\nWeeds Management Act 2001 11\n9G Offence to fail to comply with duty in respect of transport of\ndeclared weeds\n(1) A person commits an offence if:\n(a) the person intentionally transports a plant; and\n(b) the plant is a declared weed and the person has knowledge of\nthat circumstance; and\n(c) the person fails to secure and contain the declared weed\nduring the course of transporting it.\nPenalty: environmental offence level 3.\n(2) Strict liability applies to subsection (1)(c).\n(3) A person commits an offence if:\n(a) the person transports a declared weed; and\n(b) the person fails to secure or contain the declared weed during\nthe course of transporting it.\nPenalty: environmental offence level 4.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant took reasonable steps and\nexercised due diligence to prevent the commission of the offence.\nNote for subsection (5)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (5) (see section 43BU of the Criminal Code).\n9H Offence to spread declared weeds by animals or vehicles\n(1) A person commits an offence if:\n(a) the person intentionally moves or drives an animal or\nvehicle; and\n(b) the conduct specified in paragraph (a) is on a public road or\non land the person does not own or occupy and the person\nhas knowledge of that circumstance; and\n(c) the animal or vehicle contains or carries a declared weed and\nthe person is reckless in relation to that circumstance.\nPenalty: environmental offence level 3.\n\nPart 3 Management of weeds\nDivision 1 General duties\nWeeds Management Act 2001 12\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the person:\n(a) was instructed to move the animal or drive the vehicle by an\nofficer or authorised person; or\n(b) the animal or vehicle was cleaned in accordance with a weed\nmanagement plan or in compliance with an order or direction\nof an officer or authorised person; or\n(c) the declared weed contained in or carried by an animal or\nvehicle was being transported, at the time of the conduct\nconstituting the offence, to a designated weed disposal area\nand the person took all reasonable measures to secure and\ncontain the declared weed during the course of transporting it.\nNote for subsection (2)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (2) (see section 43BU of the Criminal Code).\n9J Offence to supply product containing declared weeds\n(1) A person commits an offence if:\n(a) the person intentionally sells, offers to sell or provides to\nanother person a product or other thing; and\n(b) the product or thing contains a declared weed and the person\nis reckless in relation to that circumstance.\nPenalty: environmental offence level 3.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant took reasonable steps and exercised\ndue diligence to prevent the commission of the offence.\nNote for subsection (2)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (2) (see section 43BU of the Criminal Code).\n9K General duties of owner or occupier of land for declared weeds\n(1) An owner or occupier of land has a duty to:\n(a) take all reasonable measures to prevent the spread of a\ndeclared weed on the land; and\n(b) take all reasonable measures to prevent a declared weed on\nthe land spreading to other land; and\n\nPart 3 Management of weeds\nDivision 1 General duties\nWeeds Management Act 2001 13\n(c) if the owner or occupier of the land becomes aware of the\npresence on the land of a declared weed that was not\npreviously present on the land – within 14 days after first\nbecoming aware of the presence on the land of the declared\nweed, notify an officer of the presence of the declared weed.\n(2) If an owner or occupier of land destroys or disposes of a declared\nweed, the owner or occupier has a duty to destroy or dispose of the\ndeclared weed on the land or at a designated weed disposal area.\nNote for section 9K\nIf there is a declared weed present on land, the owner or occupier of the land\nmust comply with any weed management plan for the declared weed (see\nsection 9E(1)(a)).\n9L Offence to fail to comply with duty in respect of declared\nweeds on land\n(1) A person commits an offence if:\n(a) the person is an owner or occupier of land; and\n(b) there exists on the land a declared weed and the person has\nknowledge of that circumstance; and\n(c) the person fails to take reasonable measures to prevent the\ndeclared weed from spreading; and\n(d) the declared weed spreads on the land or to other land and\nthe person is reckless in relation to that result.\nPenalty: environmental offence level 3.\n(2) A person commits an offence if:\n(a) the person is an owner or occupier of land; and\n(b) there exists on the land a declared weed and the person has\nknowledge of that circumstance; and\n(c) the person disposes of the declared weed at a place; and\n(d) the place is not the land owned or occupied by the person\nwhere the declared weed exists or a designated weed\ndisposal area and the person is reckless in relation to that\ncircumstance.\nPenalty: environmental offence level 3.\n\nPart 3 Management of weeds\nDivision 2 Weed management plans\nWeeds Management Act 2001 14\n(3) Strict liability applies to subsections (1)(a) and (c) and (2)(a)\nand (c).\n(4) A person commits an offence if:\n(a) the person disposes of a declared weed at a place; and\n(b) the place is not land owned or occupied by the person where\nthe declared weed exists or a designated weed disposal area.\nPenalty: environmental offence level 4.\n(5) A person commits an offence if:\n(a) the person is an owner or occupier of land; and\n(b) there becomes present on the land a declared weed that was\nnot previously present on the land; and\n(c) the person fails to notify an officer of the presence of the\ndeclared weed within 14 days after first becoming aware of the\npresence of the declared weed on the land.\nPenalty: environmental offence level 4.\n(6) An offence against subsection (4) or (5) is an offence of strict\nliability.\n(7) It is a defence to a prosecution for an offence against\nsubsection (1), (2), (4) or (5) if the defendant took reasonable steps\nand exercised due diligence to prevent the commission of the\noffence.\nNote for subsection (7)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (7) (see section 43BU of the Criminal Code).\nDivision 2 Weed management plans\n10 Weed management plans\n(1) The Minister may, by notice in the Gazette, approve a weed\nmanagement plan for one or more of the following purposes:\n(a) to prevent a declared weed or potential weed entering the\nTerritory;\n(b) to prevent anything containing or carrying a declared weed or\npotential weed being brought into or taken out of the Territory;\n\nPart 3 Management of weeds\nDivision 2 Weed management plans\nWeeds Management Act 2001 15\n(c) to manage a declared weed or potential weed within the\nTerritory or a part of the Territory; or\n(d) to prevent a declared weed or potential weed being\npropagated or moved within the Territory.\n(2) A weed management plan is to include the following particulars:\n(a) the name of the plan;\n(b) the area or activity to which the plan applies;\n(c) the general and specific objectives of the plan;\n(d) the name and any classification of the declared weed or\npotential weed to which the plan applies;\n(e) the methods to be used to achieve the objectives of the plan\nand the time during which the methods are to be used, and\nother specifications required, to achieve the objectives of the\nplan;\n(f) the methods to be used to prevent the spread within or from\nthe area to which the plan applies;\n(g) the requirements for owners and occupiers of land and officers\nto monitor the results of the plan and the methods used.\n(3) A weed management plan may include the following particulars:\n(a) the procedures for inspecting land, animals, vehicles, plants,\nfodder, soil and other things for the presence of declared\nweeds or potential weeds;\n(b) the processes to be adopted following the removal of declared\nweeds or potential weeds from land to rehabilitate the land;\n(c) the use of declared weeds under a permit;\n(d) the program for educating the owners and occupiers of land in\nthe area to which the plan applies and other persons to whom\nthe plan applies on how to manage declared weeds or\npotential weeds;\n(e) the criteria for obtaining assistance to carry out the obligations\nimposed under the plan and the extent of the assistance;\n(f) any other particulars that are determined by the Minister.\n\nPart 3 Management of weeds\nDivision 2 Weed management plans\nWeeds Management Act 2001 16\n(4) A weed management plan may prohibit or restrict the use of a\nsubstance or class of substances or a methodology used to\nmanage declared weeds or potential weeds.\n(5) A weed management plan may adopt or incorporate by reference\nany code, standard, methodology or publication, or a part of any\ncode, standard or publication, published by any authority or body.\n11 Approval of weed management plans\n(1) Before approving a weed management plan, the Minister must give\npublic notice of the proposed weed management plan.\n(1A) The Minister may determine the manner in which the public notice\nunder subsection (1) is to be given.\n(2) A notice under subsection (1) is to specify the place where copies\nof the proposed plan may be inspected and a period, not less than\n4 weeks, during which comment on the proposed weed\nmanagement plan may be sent to the Minister.\n(3) The Minister:\n(a) must consider any comments received during the period\nspecified in the notice; and\n(b) after considering the comments, may approve the proposed\nweed management plan with or without amendment.\n(4) A weed management plan remains in force for a period, not longer\nthan 10 years, as specified by the Minister.\n(5) A weed management plan is to be published in a form approved by\nthe Minister.\n12 Review of weed management plans\n(1) The Minister:\n(a) must commence a review of each weed management plan\nbefore its expiry specified under section 11(4); and\n(b) may review a weed management plan at any other time.\n(2) The Minister must give public notice of any review of a weed\nmanagement plan.\n(2A) The Minister may determine the manner in which the public notice\nunder subsection (2) is to be given.\n\nPart 3 Management of weeds\nDivision 3 Enforcement\nWeeds Management Act 2001 17\n(3) A notice under subsection (2) is to specify a period, not less than\n2 weeks, during which comments on the review may be sent to the\nMinister.\n(4) In the review of a weed management plan, the Minister:\n(a) must consider any comments received during the period\nspecified in the notice; and\n(b) after considering the comments, may confirm, revoke or\namend the weed management plan.\n(5) If the Minister amends a weed management plan, notice of the\namendment, with an explanation of the reason for the amendment,\nis to be published in the Gazette.\n13 Revocation or amendment of weed management plans\nIn addition to section 12, the Minister may by notice in the Gazette,\nrevoke or amend a weed management plan at any time.\nDivision 3 Enforcement\n14 Contravention of weed management plan\n(1) If, in the opinion of the Minister, an owner or occupier of land\ncontravenes a weed management plan, the Minister may, by written\nnotice to the owner or occupier of the land, do any of the following:\n(a) direct the person to comply with the weed management plan\nwithin the time specified in the notice;\n(b) direct the person to prepare a proposed remedial weed\nmanagement plan for the land and submit the proposed\nremedial weed management plan to the Minister in the time\nspecified in the notice;\n(c) prepare a remedial weed management plan for the land.\nNote for subsection (1)\nSections 9(1)(a) and 9E(1)(a) require an owner or occupier of land to comply with\na weed management plan that applies to a declared weed or potential weed on\nthat land.\n(2) Without limiting subsection (1), a direction under that subsection\nmay require the owner or occupier of the land to carry out works\nspecified in the notice to ensure that any damage caused by the\ncontravention of the weed management plan is remedied.\n\nPart 3 Management of weeds\nDivision 3 Enforcement\nWeeds Management Act 2001 18\n(3) A remedial weed management plan prepared under this section\nmust include the following:\n(a) the name of the weed management plan that was\ncontravened;\n(b) the objectives of the remedial weed management plan;\n(c) the time within which the objectives of the remedial weed\nmanagement plan are to be achieved;\n(d) the methods to be used to achieve the objectives of the\nremedial weed management plan;\n(e) the intervals at which the owner or occupier of the land must\nreport to the Minister on the operation of the plan;\n(f) a description of the land to which the remedial weed\nmanagement plan applies;\n(g) any other matter specified by the Minister.\n(4) The Minister may, on receipt of a proposed remedial weed\nmanagement plan under subsection (1)(b):\n(a) approve in writing the proposed remedial weed management\nplan; or\n(b) return the remedial weed management plan to the owner or\noccupier of the land and require the plan to be revised and\nresubmitted to the Minister within the time specified by the\nMinister.\n(5) The Minister must not return a proposed remedial weed\nmanagement plan prepared under subsection (1)(b) to the owner or\noccupier of land for revision more than twice.\n(6) Without limiting subsection (1)(c), the Minister may prepare a\nremedial weed management plan for land if the owner or occupier\nof the land:\n(a) fails to submit a proposed remedial weed management plan in\naccordance with a direction under subsection (1)(b); or\n(b) submits a proposed remedial weed management plan that the\nMinister considers does not meet the requirements of this\nsection.\n\nPart 3 Management of weeds\nDivision 3 Enforcement\nWeeds Management Act 2001 19\n(7) An owner or occupier of land to which a remedial weed\nmanagement plan applies must comply with the remedial weed\nmanagement plan.\n14A Remedial weed management plan\n(1) The reasonable cost of the Minister preparing a remedial weed\nmanagement plan under section 14(1)(c) or (6) is:\n(a) a debt due and payable to the Territory by the owner or\noccupier of the land; and\n(b) an overriding statutory charge, within the meaning of the Land\nTitle Act 2000, on the land to which it relates and which has\npriority over all other charges on the land.\n(2) For section 35 of the Land Title Act 2000, a remedial weed\nmanagement plan is taken to impose a restriction on the use and\noccupation of the land to which it relates and the Minister must\nlodge with the Registrar-General a memorandum in accordance\nwith that section.\n(3) A remedial weed management plan is binding on a mortgagee in\npossession of, and on successors in title to, the land to which it\nrelates.\n14B Offences related to weed management plans and remedial\nweed management plans\n(1) A person commits an offence if:\n(a) the person is an owner or occupier of land; and\n(b) a weed management plan applies to the land; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in a contravention of the weed\nmanagement plan and the person is reckless in relation to that\nresult.\nPenalty: environmental offence level 3.\n(2) A person commits an offence if:\n(a) the person is an owner or occupier of land; and\n(b) a remedial weed management plan applies to the land; and\n(c) the person intentionally engages in conduct; and\n\nPart 3 Management of weeds\nDivision 3 Enforcement\nWeeds Management Act 2001 20\n(d) the conduct results in a contravention of the remedial weed\nmanagement plan and the person is reckless in relation to that\nresult.\nPenalty: environmental offence level 3.\n(3) Strict liability applies to subsections (1)(a) and (b) and (2)(a)\nand (b).\n(4) A person commits an offence if:\n(a) the person is an owner or occupier of land; and\n(b) the person is subject to a direction under section 14(1)(a); and\n(c) the person contravenes the direction.\nPenalty: environmental offence level 4.\n(5) A person commits an offence if:\n(a) the person is an owner or occupier of land; and\n(b) the person is subject to a direction under section 14(1)(b); and\n(c) the person contravenes the direction.\nPenalty: environmental offence level 4.\n(6) A person commits an offence if the person contravenes a remedial\nweed management plan.\nPenalty: environmental offence level 4.\n(7) An offence against subsection (4), (5) or (6) is an offence of strict\nliability.\n(8) It is a defence to a prosecution for an offence against\nsubsection (1), (2), (4), (5) or (6) if the defendant took reasonable\nsteps and exercised due diligence to prevent the commission of the\noffence.\nNote for subsection (8)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (8) (see section 43BU of the Criminal Code).\n\nPart 3 Management of weeds\nDivision 4 Emergency weed management plans\nWeeds Management Act 2001 21\nDivision 4 Emergency weed management plans\n15 Emergency weed management plans\n(1) The Minister may, by notice in the Gazette, approve an emergency\nweed management plan if the extent or severity of an infestation of\na declared weed requires, or is likely to require, that the infestation\nbe managed immediately.\n(2) An emergency weed management plan may include particulars that\nare required or permitted to be included in a weed management\nplan.\n(3) An emergency weed management plan:\n(a) remains in force for 6 months; and\n(b) may be extended by the Minister, by notice in the Gazette, for\none period, not longer than 6 months, as specified in the\nnotice.\n(4) A notice under subsection (1) is to state the place where the\nemergency weed management plan is available for inspection by\nthe public.\n15A Offences related to emergency weed management plans\n(1) A person commits an offence if:\n(a) the person is an owner or occupier of land; and\n(b) an emergency weed management plan applies to the\nland; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in a contravention of the emergency weed\nmanagement plan and the person is reckless in relation to that\nresult.\nPenalty: environmental offence level 3.\n(2) Strict liability applies to subsection (1)(a) and (b).\n(3) A person commits an offence if the person contravenes an\nemergency weed management plan.\nPenalty: environmental offence level 4.\n\nPart 3 Management of weeds\nDivision 5 Weed control notice\nWeeds Management Act 2001 22\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant took reasonable steps and\nexercised due diligence to prevent the commission of the offence.\nNote for subsection (5)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (5) (see section 43BU of the Criminal Code).\nDivision 5 Weed control notice\n15B Weed control notice\n(1) The Minister may issue a weed control notice in writing to a person\nif, in the opinion of the Minister, a person fails to comply with a duty\nunder this Act in relation to a declared weed or potential weed.\n(2) A weed control notice under subsection (1) may:\n(a) notify the person of the person's failure to comply with the duty\nand direct the person to comply with the duty within the time\nspecified in the notice; and\n(b) direct the person to carry out works specified in the notice to\nensure that:\n(i) any damage caused by the failure to comply with the\nduty is remedied; and\n(ii) without limiting subparagraph (i), any declared weed or\npotential weed on land the person owns or occupies is\ncontrolled or eradicated.\n15C Offence to contravene weed control notice\n(1) A person commits an offence if:\n(a) the person is subject to a weed control notice under\nsection 15B(1); and\n(b) the person intentionally engages in conduct; and\n(d) the conduct results in a contravention of the weed control\nnotice and the person is reckless in relation to that result.\nPenalty: environmental offence level 2.\n(2) Strict liability applies to subsection (1)(a).\n\nPart 3 Management of weeds\nDivision 6 Weed management works\nWeeds Management Act 2001 23\n(3) A person commits an offence if:\n(a) the person is subject to a weed control notice under\nsection 15B(1); and\n(b) the person contravenes the notice.\nPenalty: environmental offence level 3.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant took reasonable steps and\nexercised due diligence to prevent the commission of the offence.\nNote for subsection (5)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (5) (see section 43BU of the Criminal Code).\nDivision 6 Weed management works\n15D Power to carry out works\nThe Minister may cause weed management works to be carried out\non land if the owner or occupier of the land:\n(a) fails to comply with a direction given under section 14(1)(a) to\ncomply with a weed management plan; or\n(b) fails to comply with a direction given under section 14(1)(b) to\nprepare a proposed remedial weed management plan; or\n(c) contravenes a remedial weed management plan:\n(i) prepared under section 14(1)(c) or (6); or\n(ii) prepared and approved under section 14(1)(b) and\n(4)(a); or\n(d) contravenes an emergency weed management plan; or\n(e) fails to comply with a direction to comply with a duty specified\nin a weed control notice issued under section 15B(1); or\n(f) fails to comply with an order given under section 28(1)(g) to\ntreat the land or destroy plants.\n\nPart 4 Weed advisory committees\nWeeds Management Act 2001 24\n15E Engaging persons to carry out works\n(1) The Minister may appoint or engage a suitably qualified person to\ncarry out weed management works under section 15D.\n(2) A person appointed or engaged under subsection (1) may enter\nland, other than a dwelling, for the purposes of carrying out the\nworks.\n15F Cost of weed management works\n(1) The reasonable cost of carrying out weed management works\nunder section 15D is:\n(a) a debt due and payable to the Territory by the owner or\noccupier of the land on which the works are carried out; and\n(b) an overriding statutory charge, within the meaning of the Land\nTitle Act 2000, on the land to which it relates and which has\npriority over all other charges on the land.\n(2) For section 35 of the Land Title Act 2000, a charge in respect of\nweed management works carried out under section 15D is taken to\nimpose a restriction on the use and occupation of the land to which\nit relates and the Minister must lodge with the Registrar-General a\nmemorandum in accordance with that section.\nPart 4 Weed advisory committees\n16 Weed advisory committees\n(1) The Minister may establish weed advisory committees for regions,\ndistricts or catchment areas of the Territory, for all of the Territory,\nor for specific purposes.\n(2) A weed advisory committee consists of persons appointed by the\nMinister who, in the opinion of the Minister, have expertise or\nexperience relevant to the management of declared weeds or who\nrepresent groups or organisations that are concerned with the\nmanagement of declared weeds or related matters.\n(3) The Minister is to appoint a member of a weed advisory committee\nto be the Chairperson of the committee.\n(4) A member of a weed advisory committee holds office for a period\nnot exceeding 3 years specified in the instrument of appointment\nand is eligible to be re-appointed.\n\nPart 4 Weed advisory committees\nWeeds Management Act 2001 25\n(5) A member of a weed advisory committee may resign by writing\ndelivered to the Minister.\n17 Functions of weed advisory committees\nThe functions of a weed advisory committee are:\n(a) to develop draft weed management plans in consultation with\nappropriate persons, groups or organisations, and with\npersons whose land may be affected by a declared weed\ninfestation;\n(b) to advise the Minister on the progress of weed management in\nthe region, district, catchment area or the specific purpose for\nwhich it was established; and\n(c) to advise the Minister on other matters as the Minister may\nrequest from time to time.\n18 Meetings of weed advisory committees\n(1) The Chairperson of a weed advisory committee is to call meetings\nof the committee as and when required to perform its functions.\n(2) The Chairperson of a weed advisory committee is to convene a\nmeeting of the committee when directed to do so by the Minister.\n(3) At a meeting of a weed advisory committee:\n(a) one more than half of the members of the committee holding\noffice constitutes a quorum;\n(b) the Chairperson, if present, is to preside but in the absence of\nthe Chairperson the members present are to elect one of their\nnumber to act as Chairperson and that person may exercise\nthe powers and perform the functions of the Chairperson at\nthe meeting;\n(c) questions arising are to be determined by a majority of the\nvotes of the members present and voting and in the event of\nan equality of votes the Chairperson or other member\npresiding at the meeting has, in addition to their deliberative\nvote, a casting vote; and\n(d) the Chairperson or other member presiding at the meeting is\nto determine the procedure to be followed at or in connection\nwith the meeting.\n(4) A weed advisory committee must cause records of its meetings to\nbe kept.\n\nPart 4 Weed advisory committees\nWeeds Management Act 2001 26\n19 Disclosure of interest\n(1) A member of a weed advisory committee who has or has had a\ndirect or indirect proprietary or other pecuniary interest in a matter\nbeing considered or about to be considered by the committee (other\nthan an interest held in common with other land owners or users of\nland in the area) must, as soon as possible after the relevant facts\nhave come to the member's knowledge, disclose the nature of the\nmember's interest at a meeting of the committee.\n(2) A disclosure under subsection (1) is to be recorded in the minutes\nof the meeting of the weed advisory committee and the member, in\nrelation to the matter:\n(a) is not, while the member has that interest (otherwise than as a\nmember of, and in common with the other members of, a\ncorporation consisting of not less than 25 persons and of\nwhich the member is not a director) to take part after the\ndisclosure in any deliberation or decision of the committee;\nand\n(b) is to be disregarded for the purpose of constituting a quorum\nat the meeting.\n20 Offence for weed advisory committee member to disclose\ncertain information\n(1) A person commits an offence if:\n(a) the person is a member of a weed advisory committee; and\n(b) the person obtains information in the course of performing a\nfunction connected with the administration of this Act; and\n(c) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(d) the person intentionally engages in conduct; and\n(e) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the\ninformation; and\n\nPart 5 Quarantine and cleaning areas\nWeeds Management Act 2001 27\n(f) the person is reckless in relation to the result and\ncircumstance specified in paragraph (e).\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a) and (b).\n(3) If the information referred to in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that subsection\nif the person has consented to the disclosure of the information.\nNote for subsection (3)\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\nPart 5 Quarantine and cleaning areas\n21 Quarantine areas\n(1) The Minister may, by notice in the Gazette, declare land described\nin the notice to be a quarantine area for the purpose of preventing a\ndeclared weed entering into the Territory or to manage a declared\nweed in the Territory or a part of the Territory.\n(2) A notice under subsection (1):\n(a) is to specify the period the declaration is to remain in force;\nand\n(b) may impose restrictions on the movement of persons,\nanimals, vehicles, aircraft, boats, plants, fodder, soil or any\nother thing in, into or out of the quarantine area except in\naccordance with an access permit.\n(3) As soon as practicable after making a declaration under\nsubsection (1), the Minister must:\n(a) give public notice of the declaration; and\n(b) take reasonable steps to ensure that each owner or occupier\nof land in the quarantine area is notified of the declaration; and\n(c) take reasonable steps to ensure that each owner or occupier\nof land adjacent to the land in the quarantine area is notified of\nthe declaration.\n\nPart 5 Quarantine and cleaning areas\nWeeds Management Act 2001 28\n(4) The Minister may determine the manner in which the public notice\nunder subsection (3)(a) is to be given.\n21A Restrictions attached to land in quarantine areas\n(1) For section 35 of the Land Title Act 2000, a declaration of a\nquarantine area is taken to impose a restriction on the use and\noccupation of the land to which it relates and the Minister must\nlodge with the Registrar-General a memorandum in accordance\nwith that section.\n(2) An owner or occupier of land included in a quarantine area must\nnotify the Minister in writing before undertaking the following\ntransactions:\n(a) selling, leasing or sub-leasing a part of the land that is\nincluded in the quarantine area to another person;\n(b) permitting another person to occupy a part of the land that is\nincluded in the quarantine area by way of a gift or in exchange\nfor a benefit.\n21B Offence related to quarantine areas\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in a contravention of a restriction specified\nin a declaration of a quarantine area under section 21 and the\nperson is reckless in relation to that result.\nPenalty: environmental offence level 2.\n(2) A person commits an offence if the person contravenes a restriction\nspecified in a declaration of a quarantine area under section 21.\nPenalty: environmental offence level 3.\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant took reasonable steps and\nexercised due diligence to prevent the commission of the offence.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (4) (see section 43BU of the Criminal Code).\n\nPart 5 Quarantine and cleaning areas\nWeeds Management Act 2001 29\n22 Access permit\n(1) A person may apply to an officer for an access permit.\n(2) The application is to be in the approved form and accompanied by\nthe prescribed fee.\n(3) Subject to subsection (4), an officer may grant or refuse to grant an\naccess permit.\n(4) The Minister may, by notice in the Gazette, give directions relating\nto matters that an officer must consider before granting an access\npermit, including whether the person, animal, vehicle, aircraft, boat,\nplant, fodder, soil or other thing has been disinfected or treated in\nthe manner specified in the notice.\n(5) An access permit is subject to the conditions determined by the\nofficer and endorsed on the access permit.\n22A Offence related to access permits\n(1) A person commits an offence if:\n(a) the person is a holder of an access permit; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a contravention of the access permit\nand the person is reckless in relation to that result.\nPenalty: environmental offence level 3.\n(2) Strict liability applies to subsection (1)(a).\n(3) A person commits an offence if:\n(a) the person is a holder of an access permit; and\n(b) the person contravenes the access permit.\nPenalty: environmental offence level 4.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant took reasonable steps and\nexercised due diligence to prevent the commission of the offence.\nNote for subsection (5)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (5) (see section 43BU of the Criminal Code).\n\nPart 5 Quarantine and cleaning areas\nWeeds Management Act 2001 30\n23 Cleaning areas\n(1) The Minister may, by notice in the Gazette, declare land described\nin the notice to be a cleaning area for the purpose of preventing a\ndeclared weed or potential weed entering into the Territory or to\nmanage a declared weed or potential weed in the Territory or a part\nof the Territory.\n(2) The Minister may determine rules that apply to the management of\na cleaning area and to persons using a cleaning area and the fees\nto be paid to use facilities in a cleaning area.\n(3) If the Minister determines rules for a cleaning area under\nsubsection (2), the Minister must:\n(a) give public notice of the rules; and\n(b) take reasonable steps to ensure that a copy of the rules is\navailable for inspection at the cleaning area to which the rules\napply.\n(4) The Minister may determine the manner in which the public notice\nunder subsection (3)(a) is to be given.\n23A Restrictions attached to land in cleaning areas\n(1) For section 35 of the Land Title Act 2000, a declaration of a\ncleaning area is taken to impose a restriction on the use and\noccupation of the land to which it relates and the Minister may\nlodge with the Registrar-General a memorandum in accordance\nwith that section.\n(2) An owner or occupier of land included in a cleaning area must notify\nthe Minister in writing before undertaking the following transactions:\n(a) selling, leasing or sub-leasing a part of the land that is\nincluded in the cleaning area to another person;\n(b) permitting another person to occupy a part of the land that is\nincluded in the cleaning area by way of a gift or in exchange\nfor a benefit.\n23B Offence to contravene cleaning area rules\n(1) A person commits an offence if the person contravenes any rule\ndetermined by the Minister under section 23(2).\nPenalty: environmental offence level 4.\n\nPart 6 Weed management officers and authorised persons\nWeeds Management Act 2001 31\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant took reasonable steps and exercised\ndue diligence to prevent the commission of the offence.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (3) (see section 43BU of the Criminal Code).\nPart 6 Weed management officers and authorised\npersons\n24 Weed management officers\n(1) The Minister may appoint a public sector employee to be a weed\nmanagement officer.\n(2) The Minister must issue to an officer an approved identity card.\n(2A) An identity card issued under subsection (2) must:\n(a) contain the officer's photograph; and\n(b) be signed by the officer; and\n(c) be verified by the Minister.\n(3) An officer who enters land under section 28 is to produce the card\nissued under subsection (2) on the request of the owner or occupier\nof the land.\n(4) An officer's appointment remains in force only while the officer is a\npublic sector employee.\n25 Authorised persons\n(1) The Minister may, in writing, appoint a person to be an authorised\nperson.\n(2) An authorised person may, subject to the conditions determined by\nthe Minister, exercise the powers of an officer that are specified in\nthe authorised person's appointment.\n(3) The Minister may issue to an authorised person an approved\nidentity card.\n(4) An identity card issued under subsection (3) must:\n(a) contain the authorised person's photograph; and\n\nPart 6 Weed management officers and authorised persons\nWeeds Management Act 2001 32\n(b) be signed by the authorised person; and\n(c) be verified by the Minister.\n(5) If an authorised person exercises a power of an officer in relation to\na person, the authorised person must:\n(a) produce the authorised person's appointment or identity card if\nrequested by the person; and\n(b) identify for the person the power in the authorised person's\nappointment.\n25A Return of identity card\n(1) A person who ceases to be an officer must return the person's\nidentity card issued under section 24(2) to the Minister within\n10 days after the cessation.\nMaximum penalty: 20 penalty units.\n(2) A person who ceases to be an authorised person must return the\nperson's identity card issued under section 25(3) to the Minister\nwithin 10 days after the cessation.\nMaximum penalty: 20 penalty units.\n(3) An offence against subsection (1) or (2) is an offence of strict\nliability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant has a reasonable excuse.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (4) (see section 43BU of the Criminal Code)\n26 Obstruction of officers and authorised persons\n(1) A person commits an offence if:\n(a) the person intentionally obstructs another person; and\n(b) the other person is an officer or authorised person; and\n(c) the officer or authorised person is acting in an official capacity\nand the person has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n\nPart 6 Weed management officers and authorised persons\nWeeds Management Act 2001 33\n(2) Strict liability applies to subsection (1)(b).\n(3) In this section:\nacting in an official capacity, in relation to an officer or authorised\nperson, means the officer or authorised person is exercising powers\nor performing functions under, or otherwise related to the\nadministration of, this Act.\nobstruct includes hinder or resist.\n27 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another\nperson; and\n(b) the other person is an officer or authorised person; and\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the officer or authorised person is acting in an official capacity\nand the person has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another\nperson; and\n(b) the other person is an officer or authorised person; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the officer or authorised person is acting in an official capacity\nand the person has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n\nPart 6 Weed management officers and authorised persons\nWeeds Management Act 2001 34\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant, when giving the information or\ndocument:\n(a) draws the misleading aspect of the information or document to\nthe officer or authorised person's attention; and\n(b) to the extent to which the defendant can reasonably do so –\ngives the officer or authorised person the information\nnecessary to remedy the misleading aspect of the information\nor document.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (4) (see section 43BU of the Criminal Code).\n(5) In this section:\nacting in an official capacity, in relation to an officer or authorised\nperson, means the officer or authorised person is exercising powers\nor performing functions under, or otherwise related to the\nadministration of, this Act.\n28 Powers of officers\n(1) An officer may, for the purposes of this Act, do any of the following:\n(a) require an owner or occupier of land to provide information\nconcerning the origin and destination of any thing on the land;\n(b) require the owner or person in control of a vehicle, boat,\naircraft or animal to stop the vehicle, boat, aircraft or animal;\n(ba) search or inspect a vehicle, boat, aircraft or animal required to\nstop under paragraph (b) for the presence of declared weeds\nor potential weeds;\n(bb) require any person to provide the person's name and address;\n(c) order the owner or person in control of a vehicle, boat, aircraft,\nanimal, plant, fodder, soil or any other thing that contains or\nmay contain, or is or may be contaminated by, a declared\nweed or potential weed to take it to a cleaning area or other\nplace specified by the officer in the manner and within the\nperiod specified by the officer and to clean or treat the vehicle,\nboat, aircraft, animal, plant, fodder, soil or thing in the manner\nand within the time specified by the officer;\n(d) order the owner or person in control of an animal, plant,\nfodder, soil or other thing that contains or may contain, or is or\n\nPart 6 Weed management officers and authorised persons\nWeeds Management Act 2001 35\nmay be contaminated by, a declared weed or potential weed\nnot to sell the animal, plant, fodder, soil or thing until an officer\ncertifies that it has been cleaned to the satisfaction of the\nofficer;\n(e) order the owner or person in control of a plant, fodder, soil or\nother thing that contains or may contain, or is or may be\ncontaminated by, a declared weed or potential weed to\ndestroy it if it has not been cleaned to the satisfaction of the\nofficer;\n(f) order the owner or person in control of an animal that the\nofficer suspects has been exposed to or is carrying a declared\nweed or potential weed to take the animal to a place or\ncleaning area specified by the officer and to remain there for\nthe period that the officer thinks is necessary to enable the\ndeclared weed or potential weed to be cleared from the\nanimal's gut;\n(g) order the owner or occupier of land on which a declared weed\nor potential weed is located to treat the land or destroy plants\non the land to control or eradicate the declared weed or\npotential weed on the land;\n(h) order the owner or occupier of land on which a declared weed\nor potential weed is located to transport the declared weed or\npotential weed to a designated weed disposal area within the\ntime and in the manner specified by the officer;\n(i) mark or tag a declared weed or potential weed, or a container\nfor a declared weed or potential weed, with any notice of a\nrequirement under this Act in relation to the declared weed or\npotential weed or the container (as the case requires);\n(j) require a holder of an access permit or a permit to produce the\naccess permit or permit for inspection;\n(k) take photographs and make sketches or other records of land,\npremises, things found on land or premises or of any other\nthing;\n(l) make recordings in any medium, including audio, visual and\naudio-visual recordings, of land, premises, things found on\nland or premises or of any other thing;\n(m) seize any of the following things:\n(i) a declared weed;\n(ii) a potential weed;\n\nPart 6 Weed management officers and authorised persons\nWeeds Management Act 2001 36\n(iii) a container for a declared weed or potential weed;\n(iv) a document;\n(v) any equipment required to access any document;\n(n) authorise a person to provide assistance to an officer in the\nexercise of an officer's powers.\n(2) An order under this section may be given orally but must be\nconfirmed in writing as soon as practicable after it is given.\n(3) An officer who is satisfied that a person has complied with an order\ngiven under subsection (1)(c) is to issue a certificate that the\nvehicle, boat, aircraft, animal, plant, fodder, soil or thing has been\ncleaned in accordance with the order on being requested to provide\na certificate by the person.\n(4) If an order is given to an owner or person in control of an animal\nunder this section, the owner or person remains responsible for the\nanimal's welfare (including the feeding of the animal) while the\norder remains in force.\n28A Powers of officers to enter land\nAn officer may, for the purposes of this Act, enter land other than a\ndwelling and do any of the following:\n(a) search the land and any thing found on the land;\n(b) take photographs and make sketches or other records of the\nland, premises and things found on the land or premises;\n(c) make recordings in any medium, including audio, visual and\naudio-visual recordings, of the land, premises and things\nfound on the land or premises;\n(d) inspect and take copies of any documents found on the land;\n(e) take samples of any thing found on the land;\n(f) open any packages and cartons on the land and inspect and\ntake samples of the contents.\n\nPart 6 Weed management officers and authorised persons\nWeeds Management Act 2001 37\n28B Reasonable assistance to be given to officers\nIn exercising a power under section 28A, an officer may require the\nowner or occupier of, or any other person on, the land the officer\nhas entered to give the officer reasonable assistance to exercise or\nperform the officer's powers under that section including:\n(a) to operate any computer or other equipment; and\n(b) to provide any access or assistance to access any computer\nor other equipment.\n28C Duty of officer in relation to seized thing\n(1) As soon as practicable but within 5 days after an officer seizes a\nthing under section 28(1)(m), the officer must give a receipt for the\nseized thing to the person from whom it was seized.\n(2) The receipt must describe generally each thing seized and its\ncondition.\n(3) If for any reason it is not practicable to comply with subsection (1),\nthe officer must:\n(a) leave the receipt at the place of seizure; and\n(b) ensure the receipt is left in a reasonably secure way and in a\nconspicuous position.\n(4) The officer must allow a person who would be entitled to the seized\nthing if it were not in the officer's possession to inspect it and, if it is\na document, to take extracts from it or make copies of it.\n(5) The officer must return the seized thing to its owner at the end of\nthe later of:\n(a) 2 years; or\n(b) if a prosecution for an offence involving the seized thing is\nstarted within the 2 years – 12 months after the end of the\nprosecution for the offence and any appeal from the\nprosecution.\n(6) Despite subsection (5), the officer must return the seized thing to its\nowner if its retention as evidence is no longer necessary.\n(7) Despite subsections (5) and (6), the officer may keep the seized\nthing if the officer believes on reasonable grounds that it is\nnecessary to continue to keep it to prevent its use in committing an\noffence.\n\nPart 6 Weed management officers and authorised persons\nWeeds Management Act 2001 38\n(8) An officer must give written notice to the owner of a seized thing as\nsoon as practicable if the officer decides under subsection (7) to\nkeep the thing.\n28D Forfeiture of seized thing\n(1) Despite section 28C, if the owner of the seized thing is convicted of\nan offence for which the thing was retained as evidence, the court\nmay order its forfeiture to the Territory.\n(2) The forfeited thing becomes the property of the Territory and may\nbe destroyed or disposed of as directed by the Chief Executive\nOfficer.\n(3) This section does not limit the court's powers under any other law of\nthe Territory.\n28E Offence to contravene order or requirement\n(1) A person commits an offence if:\n(a) the person is given an order under section 28; and\n(b) the person contravenes the order.\nMaximum penalty: 100 penalty units.\n(2) A person commits an offence if:\n(a) the person is required to do a thing under section 28\nor 28B; and\n(b) the person contravenes the requirement.\nMaximum penalty: 100 penalty units.\n(3) An offence against subsection (1) or (2) is an offence of strict\nliability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant took reasonable steps and\nexercised due diligence to prevent the commission of the offence.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (4) (see section 43BU of the Criminal Code).\n\nPart 6A Permits to use weeds\nWeeds Management Act 2001 39\nPart 6A Permits to use weeds\n28F Permits to use declared weed or potential weed\n(1) A person may apply to the Minister for a permit to use:\n(a) a declared weed for conduct specified in section 9E(2); or\n(b) a potential weed for conduct specified in section 9(2).\n(2) An application must be in the approved form and accompanied by\nthe prescribed fee.\n(3) The Minister may grant or refuse to grant a permit.\n(4) A permit is subject to any conditions the Minister considers\nappropriate.\n(5) The Minister must give the applicant written notice of a decision\nunder subsection (3) and the reasons for the decision as soon as\npracticable after the Minister makes the decision.\n28G Minister may require bond for permit to use declared weed\n(1) Without limiting section 28F(4), the Minister may determine that\nproviding a bond is a condition of a permit to use a declared weed.\n(2) The Minister must determine the amount or value of the bond to be\nprovided.\n(3) The amount or value of the bond must be sufficient to secure:\n(a) the permit holder's compliance with the permit; and\n(b) the payment of any reasonable costs and expenses of the\nMinister that may be incurred by the Minister to:\n(i) prevent the spread and impact of a declared weed as a\nresult of an action taken under the permit; and\n(ii) mitigate the impact of a declared weed as a result of an\naction taken under the permit; and\n(iii) rehabilitate land affected by a declared weed as a result\nof an action taken under the permit.\n\nPart 6A Permits to use weeds\nWeeds Management Act 2001 40\n(4) In determining the amount or value of a bond, the Minister may\nconsider:\n(a) the risks associated with the declared weed, including the\npropensity of the declared weed to spread and the likely\nconsequences of its spread; and\n(b) the use for which the permit is sought.\n(5) The Minister may determine the nature of the bond to be provided,\nwhich may include:\n(a) cash; or\n(b) a bank guarantee; or\n(c) any other form of financial accommodation acceptable to the\nMinister.\n(6) In determining the amount or value of a bond under subsection (2),\nthe Minister may specify that the amount of a bond is to be\nrecalculated at different stages of the proposed use of the declared\nweed to which the permit relates.\n(7) The Minister must have regard to the matters specified in\nsubsections (3) and (4) for recalculating an amount of a bond under\nsubsection (6).\n(8) The Minister may make a claim on the bond to satisfy a matter\nsecured under subsection (3).\n28H Holder to carry permit\nWithout limiting section 28F(4), it is a condition of a permit for a\npermit holder to:\n(a) carry the permit when transporting a declared weed or\npotential weed; and\n(b) on request of an officer or authorised person – produce the\npermit for inspection.\n28J Variation, revocation and renewal of permit on application\n(1) A person may apply to the Minister for a variation, revocation or\nrenewal of a permit.\n(2) An application must be in the approved form and accompanied by\nthe prescribed fee.\n\nPart 6A Permits to use weeds\nWeeds Management Act 2001 41\n(3) On an application under subsection (1), the Minister may:\n(a) vary or refuse to vary a permit; or\n(b) revoke or refuse to revoke a permit; or\n(c) renew or refuse to renew a permit, including renewing a permit\nsubject to any conditions.\n(4) A condition imposed on the variation or renewal of a permit to use a\ndeclared weed may include a change to any bond amount.\n(5) The Minister must give the applicant written notice of a decision\nunder subsection (3) and the reasons for the decision as soon as\npracticable after the Minister makes the decision.\n28K Variation and revocation by Minister\n(1) The Minister may vary or revoke a permit, including varying the\nconditions to which a permit is subject.\n(2) Before making a decision under subsection (1), the Minister must\ngive the permit holder:\n(a) written notice of the proposed variation or revocation; and\n(b) an opportunity to provide comment on the proposed variation\nor revocation within the time specified in the notice.\n(3) A condition imposed on the variation of a permit to use a declared\nweed may include a change to any bond amount.\n(4) The Minister must give the holder of a permit written notice of a\nvariation or revocation under subsection (1) and the reasons for the\ndecision as soon as practicable after the Minister makes the\ndecision.\n28L Offence to contravene permit\n(1) A person commits an offence if:\n(a) the person is a holder of a permit; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a contravention of the permit and the\nperson is reckless in relation to that result.\nPenalty: environmental offence level 3.\n\nPart 7 Miscellaneous\nWeeds Management Act 2001 42\n(2) Strict liability applies to subsection (1)(a).\n(3) A person commits an offence if:\n(a) the person is a holder of a permit; and\n(b) the person contravenes the permit.\nPenalty: environmental offence level 4.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant took reasonable steps and\nexercised due diligence to prevent the commission of the offence.\nNote for subsection (5)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (5) (see section 43BU of the Criminal Code).\nPart 7 Miscellaneous\n29 Notification of presence of plants or weeds\n(1) The Minister may, by written notice to the owner or occupier of land,\nrequire the owner or occupier to notify the Minister, in writing, of the\npresence of a plant, declared weed or potential weed on the land\nwithin the time specified in the notice.\n(2) The Minister may, by notice in the Gazette, require the owners and\noccupiers of land specified in the notice or the owners and\noccupiers of land in an area of the Territory specified in the notice\nto notify the Minister, in writing, of the presence of a plant, declared\nweed or potential weed on the land within the time specified in the\nnotice.\n(2A) The Minister must give public notice of a notice under\nsubsection (2).\n(2B) The Minister may determine the manner in which the public notice\nunder subsection (2A) is to be given.\n(3) A notice under subsection (1) or (2) may require the following be\ngiven by the person to whom the notice applies:\n(a) particulars of where the plant, declared weed or potential\nweed is situated on the land;\n\nPart 7 Miscellaneous\nWeeds Management Act 2001 43\n(b) an estimate, based on investigations conducted in a specified\nmanner, of the quantity of the plant, declared weed or\npotential weed on the land;\n(c) any other information that the Minister may require and\nspecifies in the notice.\n30 Offence to contravene notification requirement\n(1) A person commits an offence if:\n(a) the person is an owner or occupier of land included in a notice\nby the Minister under section 29(1) or (2); and\n(b) the person contravenes the notice.\nPenalty: environmental offence level 4.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant took reasonable steps and exercised\ndue diligence to prevent the commission of the offence.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (3) (see section 43BU of the Criminal Code).\n33 Owner liable for costs incurred\nIf a person who is not the owner of a vehicle, boat, aircraft, animal,\nplant, fodder, soil or other thing complies with an order under\nsection 28, the person:\n(a) may sue for and recover from the owner the cost to the person\nof complying with the order; and\n(b) is not liable to the owner for the value of any plant, fodder, soil\nor thing destroyed in accordance with the order.\n34 Fees\nThe Minister may, by notice in the Gazette, prescribe the fees to be\ncharged for a matter under this Act.\n35 Protection of officers and members\n(1) An action, claim or demand, either civil or criminal, cannot be\ncommenced or continued against the Territory, an officer,\nauthorised person or a member of a weed advisory committee in\nrespect of an act or omission of the officer, authorised person or\n\nPart 7 Miscellaneous\nWeeds Management Act 2001 44\nmember in good faith:\n(a) in the exercise or purported exercise of a power of the officer,\nauthorised person or member; or\n(b) in the performance or purported performance of a function of\nthe officer, authorised person or member.\n(2) Except as provided by this Act, the Territory is not liable to pay\ncompensation to a person as a result of the operation of this Act or\nof the due exercise of a power, function, authority or discretion\nconferred by this Act unless, in a particular case, it is an acquisition\nof property within the meaning of section 50 of the Northern\nTerritory (Self-Government) Act 1978 of the Commonwealth, in\nwhich case the acquisition is to be on just terms.\n36 Appeals to Local Court\n(1) A person aggrieved by a decision of the Minister, an officer or\nauthorised person under this Act may, not later than 28 days after\nthe day on which the person received notice of the decision, appeal\nagainst the decision to the Local Court.\n(2) An appeal is by way of a hearing de novo.\n(3) At the hearing of an appeal, the Local Court may:\n(a) confirm the decision of the Minister, officer or authorised\nperson;\n(b) set aside the decision; or\n(b) set aside the decision and substitute any other decision that\nthe Minister, officer or authorised person could have made as\nthe Court specifies.\n37 Service of documents\nA document required by this Act to be given to a person may be\ngiven:\n(a) by delivering it to the person;\n(b) by posting it to the person; and\n(c) in the case of a corporation – by posting or delivering it to the\ncorporation at its registered office in the Territory or otherwise\nas provided by the Corporations Law.\n\nPart 7 Miscellaneous\nWeeds Management Act 2001 45\n38 Continuing offences\nOn finding a person guilty of an offence against a provision of this\nAct, a court may, in addition to the penalty specified for the offence,\nimpose a further penalty, not exceeding 10 penalty units, for each\nday after the first day during which the offence continues if it is\nsatisfied that the person continued in breach of, or had not\ncomplied with, the provision after the date when the offence was\ncommitted.\n39 Commencement of prosecutions\nA prosecution for an offence against this Act may only be\ncommenced by an officer.\n39A Time for commencing prosecution\nA prosecution for an offence against this Act must be commenced\nnot more than 2 years after the later of:\n(a) the date on which the alleged offence was committed; or\n(b) if the alleged offence is constituted by conduct that is a series\nof acts occurring over more than 1 day – the date that is the\nlater of the days on which those acts occur; or\n(c) the date on which an officer became aware of the alleged\noffence.\n39B Statements of fact in complaint\nIn a proceeding for an offence against this Act, a statement of fact\nmay be made by an officer or authorised person in information as\nevidence in respect of the following physical elements of the\noffence:\n(a) that a plant is a declared weed;\n(b) that a plant is a potential weed;\n(c) that a plant is a species of plant nominated by the officer or\nauthorised person.\n39C Evidentiary certificates\nA certificate purporting to be signed by an officer or authorised\nperson specifying a matter referred to in section 39B is evidence of\nthe matter specified in the certificate.\n\nPart 7 Miscellaneous\nWeeds Management Act 2001 46\n40 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting subsection (1), the Regulations may prescribe the\nfollowing:\n(a) the particulars to be included in notices and certificates issued\nby officers or the Minister;\n(b) the methods for treating declared weeds, including biological,\nmechanical, chemical and management methods;\n(c) the methods for cleaning declared weeds from vehicles, boats,\naircrafts, animals, plants, fodder, soil and other things\ncontaminated by declared weeds;\n(d) the payment of a prescribed amount in lieu of a penalty that\nmay otherwise be imposed for an offence against this Act;\n(e) the service of notices on persons alleged to have contravened\nthis Act and particulars to be included in such notices;\n(f) maximum penalties of 40 penalty units for offences, including\nstrict or absolute liability offences, against the Regulations;\n(g) matters about permits, including providing bonds and making\nclaims on bonds.\n41 Repeal\nThe Noxious Weeds Ordinance 1962, No. 39 of 1963, is repealed.\n42 Savings\n(1) In this section, repealed Act means the Act repealed by section 41.\n(2) If, immediately before the commencement of this Act:\n(a) a person was an Inspector of Noxious Weeds under the\nrepealed Act, the person is, on that commencement, an officer\nas if appointed under section 24; and\n\nPart 8 Transitional matters for Weeds Management Legislation Amendment Act\n2022\nWeeds Management Act 2001 47\n(b) a weed was a noxious weed under the repealed Act, the weed\nis, on that commencement, a declared weed as if declared\nunder section 7 and it has the classification it had under the\nrepealed Act.\nPart 8 Transitional matters for Weeds Management\nLegislation Amendment Act 2022\n43 Definition\nIn this Part:\ncommencement means the day on which Part 2 of the Weeds\nManagement Legislation Amendment Act 2022 commences.\n44 Continuation of declarations\n(1) A declaration of a declared weed made under section 7(1) and in\nforce immediately before the commencement:\n(a) remains in force after the commencement; and\n(b) is taken to be a declaration made under section 7(1) as in\nforce after the commencement.\n(2) A declaration of a potential weed made under section 7(2) and in\nforce immediately before the commencement:\n(a) remains in force after the commencement; and\n(b) is taken to be a declaration made under section 7(2) as in\nforce after the commencement.\n45 Continuation of plans\n(1) A remedial weed management plan approved under\nsection 14(6)(a) and in force immediately before the\ncommencement:\n(a) remains in force after the commencement; and\n(b) is taken to be a remedial weed management plan approved\nunder section 14(4)(a) as in force after the commencement.\n(2) A remedial weed management plan prepared under section 14(8)\nand in force immediately before the commencement:\n(a) remains in force after the commencement; and\n\nPart 8 Transitional matters for Weeds Management Legislation Amendment Act\n2022\nWeeds Management Act 2001 48\n(b) is taken to be a remedial weed management plan prepared\nunder section 14(6) as in force after the commencement.\n46 Continuation of orders\nAn order given under section 28(1)(a)(viii) and in force immediately\nbefore the commencement:\n(a) remains in force after the commencement; and\n(b) is taken to be an order given under section 28(1)(g) as in force\nafter the commencement.\n47 Offence provisions – before and after commencement\n(1) Sections 9(1), (2), (3), (4), (6) and (8), 14(4), (12) and (13), 15(5)\nand (6), 20, 21(3) and (4), 23(3) and (4), 24(5), 26(1) and (2), 27,\n29(4) and (5), 30(6) and (7), 31(1) and (2) and 32(1) and (3) as in\nforce immediately before the commencement, continue to apply in\nrelation to offences committed before the commencement.\n(2) For subsection (1), if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n\nENDNOTES\nWeeds Management Act 2001 49\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nWeeds Management Act 2001 (Act No. 2, 2001)\nAssent date 22 March 2001\nCommenced 1 July 2001 (Gaz S34, 1 July 2001)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nWeeds Management Legislation Amendment Act 2022 (Act No. 7, 2022)\nAssent date 26 May 2022\nCommenced 9 January 2023 (Gaz G48, 7 December 2022, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 7, 14 and 24.\n4 LIST OF AMENDMENTS\ns 3 amd No. 7, 2022, s 4\ns 4 amd No. 7, 2022, s 5\ns 5A ins No. 7, 2022, s 6\ns 6 amd No. 7, 2022, s 32\ns 7 sub No. 7, 2022, s 7\ns 8 amd No. 7, 2022, s 8\ns 9 sub No. 7, 2022, s 9\nss 9A – 9L ins No. 7, 2022, s 9\ns 10 amd No. 7, 2022, s 32\ns 11 amd No. 7, 2022, s 10\ns 12 amd No. 7, 2022, s 11\n\nENDNOTES\nWeeds Management Act 2001 50\npt 3\ndiv 3 hdg sub No. 7, 2022, s 12\ns 14 sub No. 7, 2022, s 12\nss 14A – 14B ins No. 7, 2022, s 12\ns 15 amd No. 7, 2022, s 13\ns 15A ins No. 7, 2022, s 14\npt 3\ndiv 5 hdg ins No. 7, 2022, s 14\nss 15B – 15C ins No. 7, 2022, s 14\npt 3\ndiv 6 hdg ins No. 7, 2022, s 14\nss 15D – 15F ins No. 7, 2022, s 14\ns 16 amd No. 7, 2022, s 15\nss 18 – 19 amd No. 7, 2022, s 32\ns 20 amd No. 23, 2013, s 14\nsub No. 7, 2022, s 16\ns 21 amd No. 7, 2022, s 17\nss 21A – 21B ins No. 7, 2022, s 18\ns 22A ins No. 7, 2022, s 19\ns 23 amd No. 7, 2022, s 20\nss 23A – 23B ins No. 7, 2022, s 21\ns 24 amd No. 23, 2013, s 14; No. 7, 2022, s 22\ns 25 amd No. 7, 2022, s 23\ns 25A ins No. 7, 2022, s 24\nss 26 – 27 amd No. 23, 2013, s 14\nsub No. 7, 2022, s 24\ns 28 amd No. 7, 2022, s 25\nss 28A – 28E ins No. 7, 2022, s 26\npt 6A hdg ins No. 7, 2022, s 26\nss 28F – 28L ins No. 7, 2022, s 26\ns 29 amd No. 7, 2022, s 27\ns 30 sub No. 7, 2022, s 28\nss 31 – 32 rep No. 7, 2022, s 28\ns 33 amd No. 7, 2022, s 32\nss 39A – 39C ins No. 7, 2022, s 29\ns 40 amd No. 23, 2013, s 14; No. 7, 2022, s 30\npt 8 hdg ins No. 7, 2022, s 31\nss 43 – 47 ins No. 7, 2022, s 31","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2001 Act has been significantly expanded by the Weeds Management Legislation Amendment Act 2022. The amendments added: (1) a comprehensive new tiered offence structure replacing simpler provisions; (2) detailed general duties for landholders and transporters (sections 9-9L); (3) new enforcement tools including weed control notices (Division 5) and weed management works with cost recovery (Division 6); (4) a new permit system for using weeds with bond requirements (Part 6A); (5) expanded powers for officers including entry, search, and seizure provisions (sections 28A-28E); (6) new quarantine and cleaning area restrictions binding on land titles (sections 21A, 23A); and (7) transitional provisions preserving old offences. The Act has grown from a relatively simple declaration-and-plan system to a complex regulatory regime with criminal enforcement, financial bonds, and property charges."},"complexity_factors":["Multiple overlapping offence structures with both fault-based (intention/recklessness) and strict liability versions of similar conduct (e.g., sections 9A, 9G, 9L)","Extensive cross-referencing to the Criminal Code for general principles of criminal responsibility and evidential burdens (sections 5A, 9A(5), 9B(4), etc.)","Complex conditional logic in offence provisions requiring proof of multiple mental states (knowledge, intention, recklessness) for higher penalties, with strict liability alternatives for lower penalties","Multiple enforcement mechanisms with different procedural requirements: weed management plans, remedial plans, emergency plans, weed control notices, and quarantine areas","Land charge mechanisms creating statutory charges on property titles that bind mortgagees and successors (sections 14A, 15F, 21A, 23A), requiring interaction with the Land Title Act 2000","Permit system with bond requirements and recalculation mechanisms (sections 28F-28L)","Transitional provisions preserving pre-amendment offences and declarations (Part 8, section 47)","Delegated legislative power allowing Gazette notices for declarations, plans, fees, and rules (sections 7, 8, 10, 21, 23, 34, 40)","Multiple defences with evidential burdens shifting to defendants (reasonable steps/due diligence defences appear in sections 9A, 9B, 9D, 9F, 9G, 9H, 9J, 9L, 14B, 15A, 15C, 21B, 22A, 23B, 28E, 28L, 30)"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law for controlling weeds that damage the environment, agriculture, and economy. It creates a system to stop weeds spreading, manage existing infestations, and force landholders to take responsibility for weed control.\n\n**Key things the law covers:**\n\n- **Two categories of weeds:**\n  - **Declared weeds** – serious threats where the goal is usually eradication or strict control\n  - **Potential weeds** – plants that could become problems if not managed\n\n- **Duties on everyone:**\n  - **Landholders** must prevent weeds spreading from their property and notify authorities if new declared weeds appear\n  - **Transporters** must secure weeds properly when moving them\n  - **Everyone** needs a permit to sell, move, or use declared weeds (with some exceptions for identification or disposal)\n\n- **Weed management plans:** The Minister can create binding plans for specific areas or weeds, with public consultation required. Landholders must follow these plans or face penalties.\n\n- **Enforcement tools:**\n  - **Weed control notices** – formal directions to fix weed problems\n  - **Remedial plans** – forced cleanup plans that become charges on the land title (meaning the debt stays with the property even if sold)\n  - **Emergency plans** – immediate 6-month controls for severe outbreaks\n  - **Quarantine areas** – restricted zones preventing movement of plants, animals, or vehicles\n  - **Cleaning areas** – designated spots for washing down contaminated equipment\n\n- **Powers of officers:** Weed management officers can enter land (except homes), search vehicles, seize plants, issue orders to destroy weeds, and require information. They can also force landholders to pay for government cleanup work.\n\n- **Permits:** People can apply for permits to use declared weeds for specific purposes (like research or commercial use), but may need to provide a financial bond to cover potential cleanup costs.\n\n- **Offences and penalties:** The law creates many offences with tiered penalties (\"environmental offence levels\"). Most serious offences require proof of intent or recklessness, but many have \"strict liability\" versions (meaning you can be fined even without meaning to break the law, unless you prove you took reasonable steps to prevent it).\n\n**Who it affects:**\n- Farmers, pastoralists, and anyone who owns or occupies land\n- Transport operators moving plants, soil, or equipment\n- People selling fodder, plants, or gardening supplies\n- Local councils and government agencies managing roads and public land\n\n**Why it matters:**\nWeeds cost the NT economy millions in lost productivity and environmental damage. This law shifts the cost of control onto those who let weeds spread, gives authorities strong powers to intervene, and creates a framework for community-wide management rather than leaving it to individual landholders."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as currently compiled (including 2022 amendments) has expanded materially beyond the simpler regulatory framework implied by the original 2001 purpose. Mechanically, the 2022 amendments and other changes increased enforcement powers, introduced new offence provisions and stricter liability regimes (ss 9A–9L, 14B, 15A), created explicit statutory charging and recovery mechanisms for remedial works and compulsory minister‑prepared plans (s14A, ss15D–15F), established a formal permit + bond regime for permitted uses of listed plants (ss 28F–28G, 28J–28K), and added quarantine/cleaning area regimes with title‑linked restrictions (ss 21–23, 21A, 23A). The amendments also broadened operational powers of officers (entry, seizure, sampling, certificates and forfeiture — ss 28, 28A–28D, 39B–39C). \n\nThose changes shift the instrument from primarily declaring and advising on weeds and encouraging community plans (original framing) to a more interventionist and enforcement‑heavy model where the Minister and officers have substantial discretion, private parties can face immediate remediation costs and land‑title consequences, and permit holders may be required to post financial security. The result is a larger compliance burden and stronger state enforcement architecture compared with the Act’s original, narrower statutory footprint (see particularly ss 14A, 15F, 28G, 21A)."},"complexity_factors":["Lengthy Act with many parts and subparts (8 Parts, multiple Divisions).","Numerous recent insertions and amendments (notably 2022: ss 9A–9L, 14A–14B, 15A, 15B–15C, 15D–15F, 21A–21B, 22A, 23A–23B, 25A, 28A–28E, 28F–28L, 39A–39C).","Multiple offence categories with mixed fault standards: intentional, reckless, strict liability, and statutory defences with evidential burdens (spread across ss 9–9L, 14B, 15A, 15C, 21B, 22A, 23B, 28L).","Cross‑references to other laws and instruments (Criminal Code Part IIAA, Land Title Act 2000 for statutory charges and restrictions — ss 5A, 14A, 21A, 23A).","Broad ministerial discretion (declarations, plan approval/amendment, bond amounts, permit conditions) combined with officer enforcement powers — many discretionary decision points (ss 6, 7, 10–13, 28, 28F–28G).","Nested administrative processes: public notice, consultation periods, review/appeal processes with de novo Local Court hearings (ss 11–12, 36).","Multiple procedural safeguards and certificate/evidence rules (ss 28C, 39B–39C) increasing legal‑technical detail.","Interactions between civil cost recovery (statutory charge on land), criminal offences, and administrative enforcement actions create multi‑track remedies and layered outcomes (ss 14A, 15F, 28D)."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Allows the Minister to declare particular plants as either **declared weeds** or **potential weeds** (section 7). Declarations may be targeted to the whole Territory or parts of it and may classify plants by management aim (eradicate, prevent spread or introduction, or prevent spread by people) (s7(4)).\n- Creates legal duties and criminal offences for people and for owners/occupiers of land about possessing, moving, using, selling, hiring, disposing of and otherwise managing declared or potential weeds (ss 9–9L, 9A–9G). Many of the offences are strict liability or carry evidential burdens for defences.\n- Enables the Minister to make, approve, amend, revoke and enforce **weed management plans** (ss 10–13). Plans set objectives, methods, affected areas, monitoring and may adopt industry codes or prohibit management methods (s10).\n- Provides for **remedial** and **emergency** weed management plans where normal plans are not followed or immediate action is needed (ss 14, 14A, 15, 15A). The Minister can require owners to prepare remedial plans or prepare them and recover costs (s14, 14A).\n- Gives the Minister power to issue **weed control notices** requiring people to remedy breaches; and to carry out weed management works and recover the reasonable costs as a statutory charge on the land (ss 15B–15F).\n- Establishes formal **quarantine** and **cleaning areas** with rules and movement restrictions; access to quarantine areas may be subject to an access permit (ss 21–23, 22). Rules can attach to land titles (s21A, s23A).\n- Creates a permit regime for lawful use of declared or potential weeds and allows the Minister to require **bonds** to secure compliance and to meet costs of mitigation/rehabilitation (ss 28F–28G, 28J–28K).\n- Empowers public sector **weed management officers** and Minister-appointed **authorised persons** with inspection, detention, seizure, entry (non‑dwelling), sampling, order‑making, and enforcement powers; seizure can lead to forfeiture on conviction (ss 24–28E, 28A–28D).\n- Provides offences and penalties for obstructing officers, providing misleading information, contravening permits, quarantine/cleaning rules, and management plans (multiple sections). Officers’ certificates and statements are admissible evidence (ss 26–27, 28E, 39A–39C).\n- Sets administrative features: weed advisory committees, public consultation requirements for plans, appeal rights to Local Court (de novo) against Minister/officer decisions (ss 16–19, 11, 36), fees, and regulation‑making powers (s40).\n\n**Who this affects**\n\n- Land owners and occupiers: primary obligations to prevent spread, to notify (e.g. within 14 days for newly discovered declared weeds — s9K(1)(c)), to comply with plans, notices and orders, and potentially to pay for remedial works (ss 9K, 14, 15D, 15F, 14A).\n- Businesses that move, sell, hire or use plants, agricultural equipment, fodder, soil, vehicles or animals: restrictions on sale, hire, transport and cleaning; exposure to offences and permit requirements (ss 9–9L, 9J, 9G, 21–23).\n- Permit applicants and permit holders: may be required to lodge bonds and comply with permit conditions; the Minister may vary/revoke permits (ss 28F–28K).\n- Users of roads, vehicles, transport and goods crossing quarantine or cleaning areas: may need access permits, cleaning certificates or be subject to inspection and decontamination orders (ss 21–23, 28(1)(c),(h),(bb),(ba)).\n- Minister, officers and authorised persons: have decision‑making, inspection, enforcement and prosecution rights; officers may delegate and must follow procedural requirements (ss 6, 24–28, 39).\n\n**Why it matters (practical consequences and decision mechanics)**\n\n- The law turns biosecurity objectives into enforceable duties and creates a layered compliance regime: declarations define the regulated items (s7); weed management plans and emergency plans set required behaviour and methods (ss 10, 15); notices and remedial plans target non‑compliance (ss 14, 15B); officers enforce on the ground (ss 24–28A).\n- Who pays: owners/occupiers and permit holders are the likely payers of compliance and remediation costs (s14A, s15F). The Minister can recover reasonable costs and impose overriding statutory charges on land (s14A(1), s15F(1)). Bonds can be required from permit holders to secure future costs (s28G).\n- Who decides: the Minister has broad discretion to declare weeds, approve plans, impose emergency measures, require bonds, vary permits and issue notices; officers have operational discretion to inspect, order cleaning, seize things and commence prosecutions (ss 7, 10–13, 15, 28, 28F–28G, 39).\n- Behaviour changes the law incentivises: increased on‑farm and on‑premises surveillance, quicker notification of new weeds, stricter cleaning and containment procedures for vehicles, animals and equipment, constrained commercial trade in flagged plants or contaminated goods, and (for some users) avoidance of high‑risk activities unless permitted and bonded (ss 9C, 9K, 9G, 9H, 28F–28G).\n\n**Implementation costs, incentives and trade‑offs (mechanical tests of the law’s claims)**\n\n- Compliance and monitoring costs fall primarily on private land owners, occupiers and businesses that handle plant material or operate vehicles/equipment that might carry seeds (see duty, transport and disposal offences at ss 9C, 9D, 9G, 9L). Those actors bear compliance costs and fines; the Minister may recover remedial costs as a charge on land (ss 14A, 15F). This creates concentrated, identifiable costs on those parties.\n- The permit + bond regime (ss 28F–28G) permits controlled uses of listed plants but raises transaction costs, and can deter permitted activities if bond levels are high relative to the private benefit. The bond is calibrated to anticipated costs of containment, mitigation and rehabilitation (s28G(3)–(4)).\n- Administrative discretion is significant: the Minister decides declarations, plan content, bonds, emergency orders and can prepare remedial plans where owners fail to do so (ss 7, 10, 14, 28G). That concentrates decision power in the executive and increases implementation importance of procedural safeguards (notice, consultation, appeal rights — ss 11, 12, 36), and leaves scope for variable application across regions or sectors.\n- Enforcement intensity and net costs to private actors depend on administrative capacity: the Act gives officers wide entry, inspection and seizure powers (ss 28, 28A–28C). Effective enforcement requires staffing and operational systems; absent resourcing, compliance may fall to reactive notices and cost recovery which affect land transactions (statutory charges under Land Title Act connections — s14A). The Acts links to land title (s14A, s21A, s23A) can affect property dealings.\n- Legal risk and behavioural change: many provisions impose strict liability or require an owner to take “reasonable measures” with an evidential burden where defendants must show due diligence (see notes referring to Criminal Code evidential burdens). That creates clearer incentives to document compliance (cleaning, certificates, inspections) but also raises litigation and evidentiary costs for owners and businesses.\n\n**Key legal anchor points (examples of where to look)**\n- Declarations and disposal areas: s7, s8\n- Duties and offences for potential and declared weeds: ss 9–9L, 9A–9G\n- Weed management plans and emergency plans: ss 10–15\n- Weed control notices, remedial works and cost recovery: ss 15B–15F, 14A\n- Quarantine/cleaning areas and access permits: ss 21–23, 22\n- Permits and bonds for use: ss 28F–28G, 28J–28K\n- Officers’ powers of inspection, seizure, entry and notice/forfeiture rules: ss 24–28E, 28A–28D\n- Appeals and evidentiary certificates: ss 36, 39A–39C\n\n(References in parentheses are to specific sections of the Weeds Management Act 2001.)"}},"importantCases":[],"_links":{"self":"/api/acts/weeds-management-act-2001","history":"/api/acts/weeds-management-act-2001/history","analysis":"/api/acts/weeds-management-act-2001/analysis","conflicts":"/api/acts/weeds-management-act-2001/conflicts","importantCases":"/api/acts/weeds-management-act-2001/important-cases","documents":"/api/acts/weeds-management-act-2001/documents"}}