57Relationship between this Part and Part 3

57 Relationship between this Part and Part 3

The carrying out of an extractive activity in accordance with an authority under this Part does not constitute a breach by a land owner of a duty under Part 3.

Part 8—Noxious weeds and pest animals

Division 1—Classification of pests

58 Classification of pests—general

(1) On the Minister's recommendation the Governor in Council, by Order published in the Government Gazette, may declare—

S. 58(1)(a) amended by No. 48/2010 s. 5.

(a) a plant to be a State prohibited weed, regionally prohibited weed, regionally controlled weed or restricted weed; or

(b) an animal to be a prohibited pest animal, controlled pest animal, regulated pest animal or an established pest animal.

(2) An Order declaring a plant to be a State prohibited weed must apply to the whole State.

(3) Any other Order may apply to the whole or a specified part of the State.

S. 58(4) amended by No. 67/2006 s. 9.

(4) The Minister may only recommend a plant for declaration under this Part if satisfied that it is, or has or may have the potential to become, a serious threat to primary production, Crown land, the environment or community health in Victoria or in another State or a Territory of the Commonwealth.

S. 58A inserted by No. 61/2003 s. 15.