Legislation
Controlling weeds is the responsibility of all land managers. Please refer to the full copy of the Weeds Management Act 2001 and regulations.
The Weeds Management Act was enacted on 1 July 2001, replacing the former Noxious Weeds Ordinance 1962. The new Act was written to reflect contemporary thinking with respect to community weed management; to reflect greater responsibility for all land managers, and to ensure that landholders are responsible for and carrying out weed control on land that they manage.
Main Components of the Act
The Act is linked to the Northern Territory Weeds Management Strategy 1996-2005 (pdf 68Kb) by having, as its preamble, the goal of the strategy “to protect the Northern Territory economy, community, industries and environment from the adverse impact of weeds”.
Declared and Potential Weeds
- The Minister may declare plants to be declared weeds or potential weeds.
- The Minister’s intent to declare a weed will be by way of notice in the Gazette.
- The classification of a weed may be in accordance with a nationally agreed scheme or code. .
Management of Weeds
- Owners and occupiers of land are responsible for weed management and have a general duty to control weeds.
- Persons must dispose of potential weeds only on their own land or at a designated weed disposal area.
- Persons can be penalised for moving weeds, selling or growing weeds.
- The Act binds the Crown, so that Government has obligations to manage weeds in the same manner as other landholders.
Weed Management Plans
The Minister may approve a weed management plan for one or more of the following purposes:
- to prevent a declared weed entering the Territory.
- to prevent anything containing or carrying a declared weed or potential weed being brought into or taken out of the Territory.
- to manage a declared weed or potential weed within the Territory or a part of the Territory.
- to prevent a declared weed or potential weed being propagated or moved within the Territory.
Approved weed management plans must include the following:
- the name of the plan.
- the area or activity to which the plan applies.
- the general and specific objectives of the plan.
- the name and classification of the declared weed, or potential weed, to which the plan applies.
- the methods to be used to achieve the objective of the plan and the time during which the methods are to be used and other specifications required, to achieve the objectives of the plan.
- the methods to be used to prevent the spread within or from the area to which the plan applies.
- the requirements for owners and occupiers of land and Weed Management Officers to monitor the results of the plan, including the methods used.
Approved weed management plans may contain other particulars including:
- the procedures for inspecting land, animals, vehicles, plants, fodder, soil, and other things for the presence of declared weeds or potential weeds
- the process to be adopted following the removal of declared weeds or potential weeds from land to rehabilitate the land
- the use of declared weeds under a permit
- the program for educating the owners and occupiers of land in the area to which the plan applies and other persons to whom the plan applies, on how to manage declared weeds or potential weeds
- the criteria for obtaining assistance to carry out the obligations imposed under the plan and the extent of the assistance
- any other particulars that are determined by the Minister
Approved weed management plans will generally be the product of extensive consultation with landholders. Plans can be initiated by government or other organisations including community groups and individual landholders.
Landholders that fail to comply with a weed management plan may be directed to comply, or prepare and carry out a remedial weed management plan. Remedial plans will be binding on a mortgagee and successors in title to the land.
A weed management plan will be reviewed no later than three years after it is approved.
Weed Advisory Committees
- The Minister may establish Weed Advisory Committees for regions, districts and catchments, or for specific purposes and consist of persons who have relevant expertise and experience in the management of declared weeds or represent groups or organisations concerned with these issues.
- The purpose of Weed Advisory Committees is to advise the Minister on weed management issues and to draft weed management plans in consultation with persons whose land may be affected by weeds. The Weeds Advisory Committee may also advise the Minister on other matters as requested.
Quarantine and Cleaning Areas
- The Minister may declare quarantine and cleaning areas for the purpose of preventing a declared weed entering into the Territory, or to manage a declared weed in the Territory or part of the Territory. The Minister may also determine rules that apply to the management of these areas.
Weed Management Officers and Authorised Persons
- Weed Management Officers and authorised persons may be appointed by the Minister.
- Weed Management Officers will be public servants and will have various powers such as entering land, ordering the stopping of a vehicle, boat or aircraft, and ordering that any thing contaminated with a weed be taken to a place to be cleaned. These powers are more fully explained in the Act.
- Authorised persons may exercise those powers of a Weed Management Officer that are specified on appointment.
Penalties
- Penalties for offences under the legislation are at the “environmental offence level 3”, under the Environmental Offences and Penalties Act 1996 and range between $10,000 to $103,000 for an individual and $50,000 to $513,000 for a body corporate.