Local Government (Noxious Plants) Amendment Act 1977 (NSW)

LOCAL GOVERNMENT (NOXIOUS PLANTS)

AMENDMENT ACT, 1977

A N N O VICESIMO SEXTO

ELIZABETHE II REGINE

Act No. 89, 1977.

An Act to amend the Local Government Act, 1919, with respect to the eradication of noxious plants that are prohibited plants as defined in section 4 (1) of the Poisons Act, 1966. [Assented to, 20th October, 1977.]

BE

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Local Government

(Noxious Plants) Amendment Act, 1977".

2 .      This Act shall commence on the day appointed and

notified under section 2 of the Poisons (Further Amendment)

Act, 1977.

3. The Local Government Act, 1919, is amended by

inserting after section 475I the following section :—

475IA. (1) The council or a pastures protection

board shall, not less than 24 hours before taking any

steps with respect to the eradication, by itself or by any

other person, from any land of any noxious plants that are prohibited plants as defined in section 4 (1) of the Poisons Act, 1966, give, by any manner it thinks fit, to the member of the police force in charge at any police station within the area in which the land is situated, notice informing that member of particulars of the land on which those noxious plants are growing and of the place or places on that land where they are growing.

(2)

(2) Notwithstanding any other provision of

this Part—

(a) the council or a pastures protection board shall not take any steps referred to in subsection (1)—

(i)   unless it has given the notice referred to in that subsection not less than 24 hours before commencing to take those steps; or

(ii)   if it has been directed by the Director- General of Agriculture not to take or to discontinue taking those steps; and

(b) where the Director-General of Agriculture has given to the council or a pastures protection board an instrument in writing specifying the means, measures, methods or acts for or with respect to the eradication from any land described in that instrument of any noxious plants referred to in subsection (1 )—

(i)   the council or the pastures protection board, as the case may be, shall not

itself eradicate, or cause a notice to be

given to any person requiring him to eradicate, any such noxious plants from that land unless, as the case may be, the council or the pastures protec­ tion board eradicates those noxious plants or by that notice requires those noxious plants to be eradicated by the means, measures, methods or acts specified in that instrument; and

(ii)

(ii)   any means, measures, methods and acts specified in that instrument shall be deemed to be means, measures, methods or acts prescribed in respect of that land for the purposes of this Part.