Noxious Weeds Act 1993 No 11

The following legislation provides for the identification, classification and control of noxious weeds; makes consequential amendments to other Acts; and has other purposes:

Act

In New South Wales the administration of this Act is the responsibility of the Minister for Primary Industries. The Act is implemented and enforced by the Local Control Authority (LCA) for an area, usually local government.

The Act imposes obligations on occupiers of land to control noxious weeds declared for their area.

Regulations

Weed Control Order

The Noxious Weeds (Weed Control) Order 2014 is published in the NSW Government Gazette, and details weeds declared noxious in New South Wales, Australia, under the Noxious Weeds Act 1993. The Order lists the weed names, the control class and the control requirements for each species declared in a Local Control Authority area. The Order itself describes the legal requirements for any weed.

Weed control classes and control measures

Control class Weed type Example control requirements
Class 1 Plants that pose a potentially serious threat to primary production or the environment and are not present in the State or are present only to a limited extent.

The plant must be eradicated from the land and the land must be kept free of the plant.

The weeds are also "notifiable" and a range of restrictions on their sale and movement exist.

Class 2 Plants that pose a potentially serious threat to primary production or the environment of a region to which the order applies and are not present in the region or are present only to a limited extent.

The plant must be eradicated from the land and the land must be kept free of the plant.

The weeds are also "notifiable" and a range of restrictions on their sale and movement exist.

Class 3 Plants that pose a potentially serious threat to primary production or the environment of a region to which the order applies, are not widely distributed in the area and are likely to spread in the area or to another area. The plant must be fully and continuously suppressed and destroyed.*
Class 4 Plants that pose a potentially serious threat to primary production, the environment or human health, are widely distributed in an area to which the order applies and are likely to spread in the area or to another area. The growth of the plant must be managed in a manner that continuously inhibits the ability of the plant to spread*
Class 5 Plants that are likely, by their sale or the sale of their seeds or movement within the State or an area of the State, to spread in the State or outside the State.

There are no requirements to control existing plants of Class 5 weeds.

However, the weeds are "notifiable" and a range of restrictions on their sale and movement exists.

* In some cases the following wording has also been inserted "the plant may not be sold, propagated or knowingly distributed."

Non-saleable weeds

All Class 1, 2 and 5 weeds are prohibited from sale in NSW. Some Class 3 and 4 weeds are also prohibited from sale in NSW.

Prohibition from sale includes any barter, offer or attempt to sell, receive for sale, have in possession for sale, expose for sale, send, forward or deliver for sale or cause or permit to be sold or offered for sale, or sell for resale.