Noxious Weed Act

Changes to the Weed Act

An amended Noxious Weeds Act came into effect 1 March 2006. Many new weeds were added to the list, and changes were made to weed "categories". The former W1, W2, W3 and W4 categories were changed to "control classes" (CC) 1, 2, 3, 4 and 5.

Control Class 1:

Notifiable. The plant must be eradicated from the land and the land must be kept free of the plant - applies to whole State of New South Wales.

Control Class 2:

Notifiable. The plant must be eradicated from the land and the land must be kept free of the plant - applies to parts of New South Wales.

Control Class 3:

The plant must be fully and continuously suppressed and destroyed.

Control Class 4:

The growth and spread of the plant must be controlled according to the measures specified in a management plan published by the local [council] control authority (LCA). Some CC4 plants cannot be 'sold, propagated or knowingly distributed'.

Control Class 5:

The requirements of the Noxious Weeds Act 1993 for a notifiable weed must be complied with.

 

Each Council has its own list of declared noxious weeds. Most lists are very similar, except for CC4 plants for which each Council writes its own "management plan" to suit the local area.

You need to check with your own local council as to which weeds are on the noxious weeds list, and the detail of the various CC4 management plans. Check with your local council officer for more information on which weeds are declared in your local area.

>> Weed Management Plans

More information can be found at these websites:

 

Noxious Weeds Act 1993

Summary of legal requirements in respect of “notifiable weed”

 

  1. an occupier of land (other than a local control authority) on which there is a notifiable weed must notify the local control authority for the land of the fact within 3 days after becoming aware that the notifiable weed is on the land (Noxious Weeds Act 1993 - s.15, s.16)
    With respect to Control Class 5 weed material, however, notifications are only relevant where the weed has appeared on the land as a result of trade (e.g. dodder contamination in a newly-acquired bale of hay). Legal action may be taken against the vendor
     
  2. a person must not sell or purchase any notifiable weed material or any animal or thing which has on it, or contains, notifiable weed material, knowing it to be, or to have on it or to contain, any such weed material. (S.28.1)
     
  3. an occupier of land (including a public authority) must not knowingly remove or cause to be removed from the land any animal or thing which has on it, or contains, notifiable weed material (s.28.2)
     
  4. an occupier of land (including a public authority) must not use or permit the land to be used for the purpose of disposing of, transporting or selling soil or turf, if the occupier knows, or ought reasonably to have known, that there is a weed on the land that is a notifiable weed in any part of the State (s.29)
     
  5. a person must not scatter or cause to be scattered on any land or water any notifiable weed material, knowing it to be such weed material (s.30)
     
  6. a person must not knowingly transport or move or use an agricultural machine that has on or in it a weed that is a notifiable weed in any part of the State (s.32).