Noxious Weeds Act 1924 (WA)
NOXIOUS WEEDS.
15° GEo. V., No. XIX.
No. 19 of 1924.
AN ACT to provide for the Eradication and Prevention
of the spread of Noxious Weeds.
[Assented to 18th December, 1924.]
E it enacted by the King's Most Excellent Majesty, by n and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-
1. This Act may be cited as the Noxious Weeds Act, 1924. Short Wk.
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| 3. |
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"Destroy" in relation to any noxious weeds growing on any land, means to grub up, eradicate, and destroy such weeds thoroughly, and "destruction" has a corresponding meaning:
"District" means a municipal or road district:
"Government Inspector" means an inspector appointed
by the Governor under this Act:
"Inspector" includes Government inspector and local in-
spector:
"Local Inspector" means an inspector appointed by any local authority under this Act:
"Local Authority" means a municipal council or road
board:
"Local Government Act" means 'the Municipal Corpor- ations Act, 1906, or the Road Districts Act, 1919:
| No. 19.] | Noxious Weeds. | [1924. |
"Minister" means the Minister for Agriculture and in- cludes any responsible Minister of the Crown auth- orised by the Governor to act for the Minister for Agriculture, either generally or for the purposes of this Act:
"Noxious Weed" means any plant which by virtue of any notice issued and , in force under section four of this Act is a noxious weed either generally or in the locality or place in which such plant is growing or happens to be:
"Owner" or "Occupier," as applied to any land in any district, has the same meaning as it has in the local government Act applicable to the district:
"Plant" includes any fruit, seed, or part of a plant:
"Register of Deeds" means the register kept under the
Ordinance, 19 Victorian, No. 14.
Governor may
| declare plants | 4. | The Governor may, by notice published in the Gazette, |
| to be noxious |
| weeds. | declare any plant to be a noxious weed, either generally or in any locality defined in the notice, and may from time to time alter or revoke any such declaration. |
| Government | 5. |
(1.) The Governor may appoint Government inspectors for the purposes of this Act.
Inspectors.
(2.) The Governor may, by regulations made under this Act, confer such powers on Government inspectors as he may deem necessary to enable them to perform their duties effec- tively.
Appointment
(1.) The local authority of any district may appoint (2.) In addition to the powers conferred by this Act, a local inspector shall have such powers as may be conferred on him by any by-law made under this Act by the local auth- ority.
| of Inspectors by | 6. |
| local authority. | local inspectors for its district. |
| after notice. |
(1.) Any local authority may give notice in writing to
the owner or occupier of any land within its district to de-
stroy any noxious weeds growing or being upon such land.
| Power to destroy | 7. |
(2.) Should such notice not be complied with within a time to be specified therein, the local authority may authorise any inspector or other person to enter upon such land and destroy any noxious weeds thereon, and such inspector or person shall have power to do all such things as may be reasonably necessary for the destruction of such weeds.
| 1924.] | Noxious 11.7 eeds. | [No. 19. |
(3.)
The local authority may recover the costs and ex- penses incurred in such destruction from such owner or occu- pier, in any court of competent jurisdiction, as a debt due from such owner or occupier to the local authority.
(4.)
The amount of such costs and expenses shall be ascertained and fixed by the local authority, and a certificate signed by the mayor or chairman of the local authority shall be conclusive evidence of the amount.
(5.)
The amount of such costs and expenses shall be deemed to be rates imposed by the local authority on the said land for the financial year current when such costs and ex- penses were incurred, and shall be a charge on such land accordingly, and the provisions of the relative Local Govern- ment Ael dealing with the sale and leasing of land for rates shall apply to and in respect of such costs and expenses, and any charge arising thereunder may be enforced in the man- ner therein provided.
8. Every local authority shall destroy noxious weeds Local authority to
| destroy | weeds | on |
| growingon any road or land under its control. | roads. |
9. No person shall be liable to comply with any notice for Notice not to be
the destruction of noxious weeds while the local authority Ltotrylitidt.
giving such notice neglects to carry out the provisions of the
last preceding section in respect of such portions of the roads
or other land under the control of the local authority as are
adjacent to the land of the person to whom such notice has
been given.
| whatsoever, with or without assistance, for the purpose of specter. | 10. | Any inspector may at any time enter upon any land Authority of In- |
ascertaining whether any noxious weeds are growing or hap- pen to be thereon, or of exercising any power or authority vested in him by or under this Act or any by-law or regula- tion made thereunder.
11. (1.) As between the owner and occupier, the expense gpeonrtjoLneiguetenot
of clearing land pursuant to any notice, whether the same be pnergnna. Interested
done by the owner and occupier or either of them or by an inspector or other person, shall he borne in such proportions as may be prescribed by regulations under this Act; subject however, to the express provision of any agreement math between such owner and occupier.
| No. 19.] | Noxious Weeds. | [1924. |
Either party paying more than his proportion may
recover the excess from the other by action in any court of
competent jurisdiction.
(2.)
(3.) Any owner having only a partial interest or a par- ticular estate in the land may apply to a Judge in Chambers for an order declaring what portion of any expense of or incidental to the destruction of noxious weeds on the land paid or to be paid by such owner shall be borne by any other person having a partial interest or an estate in the land, and the judge may, subject to this Act, make any order in the premises which shall be just, and any owner paying, or who has paid, more than his proportion of the excess as deter- mined by the order may recover the excess from any person declared by the order liable therefor, by action in any court of competent jurisdiction.
Provision In wise
| occupier hinders | 12. (1.) An owner or occupier shall have full power to (2.) If any occupier of any land prevents or obstructs any owner from or in obeying or carrying into effect any such requisition, any justice to whom application is made in that behalf shall, by order in writing, require such occupier to permit and facilitate the doing of anything necessary to be done in order to comply with any such requisition, and such occupier shall comply with such order in all respects. |
| owner or rice | |
| Demo. | do all that is necessary to comply with the requisitions of any notice binding on him under this Act. |
Daily penalty: Two pounds.
(3.) If in the performance or attempted performance of
any duty imposed on him by any such notice the occupier of any land is in any. way obstructed or hindered by the owner, such owner shall be guilty of an offence against this Act.
Daily penalty: Two pounds.
| Mortgagees. | 13. Any mortgagee expending or incurring any costs or expenses under fins Act, pursuant to any obligation imposed on him by this Act, may add the amount paid to his mortgage debt. |
| Powers of | 14. Any trustee being owner of any land may apply any of the funds under his control in defraying any charges, costs, and expenses necessarily or properly incurred by him under or by virtue of this Act as such owner. |
| trustees. | |
| Attorney to repre- | 15. (1.) Any attorney or agent of an owner who is absent from the State shall be deemed to represent his principal for |
| sent principal. |
| 192-1.] | Noxious Weeds. | [No. 19. |
the purposes of this Act, so far as regards any land which such attorney or agent is authorised to manage or of which he is authorised to hold possession. or collect the rents and profits on behalf of such owner.
(2.) Service on such a representative of the owner of
any land of
| (a) | any notice required or authorised to be served on |
such owner under this Act;
| (b) | any summons or legal. process for the recovery of moneys payable by such owner in respect of the laud under this Act, |
shall be deemed to be good and sufficient service on the owner.
16. (1.) Service of any notice under this Act may be Manner In which
notices may be
| effected— | served. |
| (a) | by delivering it to the person upon whom the same |
is to be served personally;
| (b) | by leaving it for him at his usual or last-known place of abode or business, with some person of the apparent age of not less than fourteen years; |
| (c) | by forwarding it by post in a prepaid letter ad- dressed to him at his last-known place of abode or business; |
and such. service shall be sufficient whether the notice shall come to the hands or knowledge of the person for whom it is intended or not.
(2.) When any person on whom it is desired to serve any notice relating to any land is not within the State and has no attorney authorised (by power of attorney filed and noted under the Transfer of Land Act, 1893, or deposited under the Powers of Attorney Act, 1896) to represent him for the pur- poses of this Act in respect of such land, then such notice shall be deemed to have been well and sufficiently served on the owner if
| (a) | it has been affixed or displayed on or over a con- spicuous part of the land, and left so affixed or displayed for at least fourteen days; and |
| (b) | a copy of the notice has been posted to the person appearing to be the owner on search made in the Office of Titles, the Department of Lands and Sur- veys, the Department of Mines, or the Register of |
| No. 19.] | Noxious Weeds. | [1924. |
Deeds, as the case may be, addressed to him at his place of abode or business as disclosed by such search.
Any occupier of land who is not the owner thereof
on whom any notice is served under this Act, shall inform
the owner of the fact as soon as practicable.
(3.)
Penalty: Ten pounds.
(4.) Any notice by this Act required to be given to the owner or occupier of any land may, if the name of the owner or occupier is not known, be addressed to him by the descrip- tion of the "owner" or "occupier" of the land (describing it) in respect of which the notice is given, without further name or description.
| Proof of service. | 17. (1.) The service of any notice under this Act may he |
proved by an indorsement on a copy thereof, signed by the inspector or other person by whom it was served, setting forth the day, place, and mode of service; or such person may, in any proceedings, depose to the service on oath or affirmation.
The signature appearing to be made to an indorse- ment of service shall be prima facie evidence that the indorse-
(2.)
ment was signed by the person whose signature it purports
to be.
Any false statement, wilfully made, in an indorse- ment of service shall render the person making the same liable, on summary conviction, to imprisonment, with or with- out hard labour, not exceeding six months.
(3.)
Penalty for ob- 18. Any person who obstructs or hinders an inspector in strutting Inspector, the exercise of his duty under this Act shall be liable to a
penalty not exceeding fifty pounds.
| Occupier to furnish | 19. Any occupier of land shall, on being asked by any in- |
name and address
of owner of land. specter what the name or address of the owner of the land
is, shall answer the question truthfully to the best of his know-
ledge, information, and belief.
Penalty: Ten pounds.
| Noxious weeds not | 20. No person shall bring into the State from any place |
to be brought into
| State or from one outside the State, or bring into any part of the State from | part of the State | |
|
| 1924.] | Noxious Weeds. | [No. 19. |
any noxious weed or the seed of any noxious weed, either for propagation or as packing material or for any other purpose whatsoever.
Penalty: Ten pounds.
| 21. (1.) All stock brought into the State from elsewhere Qpuenanit | . loop | an imported |
shall, immediately on being landed at the port of disembark- 1,,,ttookatognrer,, ation or crossing the border, or if consigned for carriage by noxious weeds/ El the Trans-Australian line to Kalgoorlie, on arrival at Kal-
goorlie, be received into the custody of a Government inspec- tor and by him kept in strict quarantine until he is satisfied that they are entirely free from the seeds of noxious weeds.
(2.) In the case of sheep the inspector shall keep them in quarantine until shorn or slaughtered unless the Minister, exempts them from the provisions of this subsection.
(3.)
The wool or skins from such sheep shall be immedi- ately baled, and shall be kept securely baled, and shall not be sold or dealt with otherwise than for export from the State unless it bas been previously certified by a Government in- spector to be entirely free from the seeds of plants which are noxious weeds either generally or in any locality.
(4.)
Any expenses of or connected with any such quar- antine as aforesaid, or incurred in the exercise or attempted exercise of any power by any Government inspector under this section shall be payable to the Minister by the owner and consignee of the sheep or other stock, and the amount thereof may be recovered from such owner and consignee (who shall be jointly and severally liable for the same) in any court of cotmetent jurisdiction by the Minister suing in his (Aida] name.
(5.)
The amount of any such expenses as aforesaid may
be certified by the Minister, and his certificate shall be con-
clusive for all purposes.
(6.)
No person shall by act or omission contravene any provision of this section, or obstruct or hinder or attempt to obstruct or hinder any inspector in the discharge of his duty or in the exercise of any power under this section.
Penalty: One hundred pounds.
| 22. (1.) Any inspector who shall discover in any place any Destruction of | seeds of noxious |
packet, parcel, or collection of seeds which contains or has weeds.
mixed therewith any seeds of any plant which is either gener-
ally or in any locality a noxious weed may seize such packet,
| No. 19.] | Noxious Weeds. | [1924. |
parcel, or collection of seeds and may destroy the same or
may otherwise deal therewith as the Minister may direct.
(2.) Any inspector who shall discover in any place any plant or part of a plant which is either generally or in any locality a noxious weed may forthwith destroy the same.
Any seed of any plant or any plant or part of a plant discovered in any place shall be liable to be dealt with under this section, even although the plant may not be a noxious weed in the place where the discovery is made, if such plant is a noxious weed in any part of the State.
(3.)
| Revenue of local | 23. | Any local authority may apply its ordinary revenue to |
authority may be
| expended. | the purposes of this Act. |
| Proof of ownership | 24. |
(1.) In any legal proceedings under this Act, in ad- dition to any other method of proof available-
or occupancy.
(i) Evidence that the person proceeded against is rated
as owner or occupier of any land; or
(ii) Evidence by the certificate, in writing, of
| (a) | the Registrar of Titles, or any assistant or de- puty registrar, that any person's name ap- pears in any register book kept under the Transfer of Land Act, 1893, as proprietor of any land; or |
(b) the Registrar of Deeds and Transfers or his substitute, or any assistant Registrar of Deeds and Transfers, that any person appears from a search made in the register of deeds to be the owner of any land; or
| (c) | the Under Secretary for Lands or the Secretary for Mines that any person is registered in his Department as the owner, occupier, or lessee of any land, |
shall, until the contrary is proved, be evidence that such per- :;on is the owner or occupier, as the case may be, of such land.
(2.) The averment in any claim, complaint, or other document in any proceeding instituted for the purposes of this Act by any local authority or any officer thereof that any person is or was at any time the owner or occupier of any land shall be deemed to be proved, in the absence of proof to the contrary.
| 1924.] | Noxious Weeds. | [No. 19. |
| 25. In any legal proceeding under this Act, no proof shall be required— | proof Jo |
| eases. |
| (1) | of the appointment of any inspector; or |
| (2) | of the authority of any person to exercise the powers |
and functions of an inspector.
26. The local authority may make by-laws for requiring By-laws.
and compelling owners and occupiers of land to take such measures and do such acts as may be specified in any such by-law to destroy or prevent the spread or propagation of noxious weeds.
The local authority may also make by-laws to prevent the spread of seeds of noxious weeds by the wheels of aero- planes.
The local authority may also make by-laws prescribing
any matters which it may be necessary or convenient to
prescribe for the purpose of carrying this Act into effect:
The local authority may, also, by by-law, impose a pen-
alty not exceeding five pounds for the breach of any by-law:
Provided that in so far as any by-law made by a local auth-
ority is in conflict with any regulation made by the Governor,
it shall be invalid.
27. The provisions of its local government Act shall apply tot cal ms Govern ment
to and in respect of every by-law made by a local authority, bye-laws. app
and the making thereof and all the powers exercisable by the authority under such Act in respect of by-laws made there- under shall be exercisable in respect of by-laws made under this Act.
| 28. (1.) When, in the opinion of the Minister, any local | is metre local | Migh toe: |
authority is not carrying out or exercising its powers or rnY:n default
duties under this Act efficiently, the Minister may appoint a Ad. " under this Act.
Every such Commissioner shall be paid such salary out of the ordinary revenue of the local authority as the 'Min- ister may determine, and shall be removable at the will of the Minister; who may appoint another person in his place.
(2.)
Every Commissioner so appointed shall be deemed to be the local authority for the purposes of this Act, and shall have and may exercise all the powers (including the power to make by-laws), and be subject to all the duties of the local authority.
(3.)
| No. 19.] | Noxious Weeds. | [1924. |
Instead of appointing a Commissioner the Minister may by order authorise any Government inspector to do any particular act or acts or take any measures. which the local authority ought, in the opinion of the Minister, to have taken or carried out, and such inspector shall have and may exercise the powers and authorities of the local authority so far as necessary to carry out the said order.
(4.)
(5.) Any expenses incurred by any Commissioner or Government inspector in the exercise of any powers conferred by him pursuant to this section shall be payable out of the ordinary revenue of the lccal authority, and may be recov- ered from such authority by action, by the Minister in his official name, in any court of competent jurisdiction.
The Minister may at any time, by order under his hand, restore the authority of the local authority under this Act, and thereupon the powers of any Commissioner or Gov- ernment inspector who has been acting under this section shall come to an end.
(6.)
On a report being made to the Minister by any local authority that any noxious weed is growing upon any Gov- ernment railway reserve, stock route, or camping ground, or unoccupied Crown lands within one mile of cultivated land, all such reserves, routes, grounds or lands shall from time to time be cleared by the Minister for Lands and the Com- missioner of Railways respectively.
| Clearing of Crown | 29. |
land.
| itegulations. | 30. |
(1.) The Governor may make such regulations as it
may be necessary or convenient to make, for the purpose of
carrying this Act into effect.
(2.) Every regulation made by the Governor under this Act may impose a penalty not exceeding live pounds for a breach thereof.
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