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Council obligations
│
Private Lands
│Public
Lands │
Fenced Roads
│Unfenced
Roads │
Stock Routes
The Noxious Weeds Act
1993 defines the roles of government, councils, private landholders and
public authorities in the management of noxious weeds. The Act sets up
categorisation and control actions for the various noxious weeds, according to
their potential to cause harm to our local environment.
An amended Noxious Weeds Act came
into effect 1 March 2006. The above criteria still apply, but changes have
been made to the list of currently declared noxious weeds (increased from 42 to 86) and
to the "categories". The former W1,
W2, W3 and W4 categories have been changed to "control classes" (CC) 1, 2, 3, 4
and 5.
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.
As an example, Gwydir and Inverell Shire Councils noxious weeds lists can be
viewed
at
Noxious Weeds List.
 A copy of the
amended Noxious Weeds
Act can be downloaded from the
Parliamentary Counsel's Office.
Information on the State’s weed control policies
and related issues is available on the NSW DPI website
NSW DPI (Weeds Sub-Program) website.
Council
obligations under the Act…
Local
councils are responsible for administration of the
Noxious Weeds Act. This includes:
-
development,
implementation, coordination and reviews of noxious weed control policies and
district noxious weed control programs
-
inspection of lands under
Council control
-
control of noxious weeds
on Council lands including certain roads (see below)
-
inspection of private and
public lands and ensuring, so far as practicable, that occupiers of private
and public lands carry out their legal obligations to control noxious weeds
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Landholders’
obligations under the Act…
1.
In the case of private lands
Occupiers of private lands must control noxious weeds on the land, as required
under the control class or classes specified in relation to the weed
concerned (section 12, Noxious Weeds Act).
2.
In the case of public lands (eg National Parks etc)
Occupiers of public lands must control noxious weeds on the land, as required
under the control class or classes specified in relation to the weed
concerned, to the extent necessary to prevent weeds from spreading to adjoining
land (section 13).
3.
Fenced public roads
Councils must control noxious weeds on roads …, as required under the
control
class or classes specified in relation to the weed concerned
(section 14.2).
4.
Unfenced public roads
The Noxious Weeds Act
states that the obligation to control noxious weeds along unfenced roads is a
joint obligation between the LCA and the occupier of the land through which the
road passes (sections 14.3, 17.6).
However, a problem faced by
LCA staff in applying chemicals to unfenced roadside areas without prior
consultation and agreement from the occupier is the risk of exposing animals to
chemical residues. Similarly, application of chemicals on unfenced roadsides
traversing “organic” farms (and these are not usually signposted!) would be most
undesirable.
Some Councils have therefore determined that, on the “user pay” principle and the basis
that the occupier’s stock have access to and full use of the roadside area, the
occupier has prime responsibility for control of noxious weeds along unfenced
roads. These councils therefore limit their responsibilities in
such situations to treatment of noxious weeds that have newly established as a
direct result of ground disturbance caused by recent road construction and/or
road maintenance – if requested by the occupier of the land through which the
unfenced road passes. Check with your local council weeds officer for
clarification on this.
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5.
Unfenced roads through stock reserves
Most Rural
Lands Protection Boards (RLPBs) within the area covered by NIWAC are committed to regular maintenance of noxious weeds in all areas under
their control.
Most Councils
endeavour to assist these programs as far as possible by undertaking
noxious weed treatments of roadside areas on both sides of the road to a width of about “one chain”
from the centre line. However, there are instances where this policy may
include "user-pay" arrangements with individual RLPBs, taking into account
adjistment revenue earned from the particular roadside area...
DISCLAIMER:
The information contained in this web site is based on knowledge and
understanding at the time of writing. However, because of advances in knowledge,
users are reminded of the need to ensure that information upon which they rely
is up to date and to check currency of the information with the appropriate
officer of North West Weeds or the user’s independent adviser.
LRT 8/9/02
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North West Weeds
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