Noxious Weeds Act Amendment Act 1939 (WA)

No. 38.] Noxious Weeds. [1939.

NOXIOUS WEEDS.

3° and 4° GEO. VI., No. XXXVIII.

No. 38 of 1939.

AN ACT to amend the Noxious Weeds Act, 1924.

[Assented to 20th December, 1939.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title. 1.

This Act may be cited as the Noxious Weeds Act Amendment Act, 1939, and shall be read as one with the Noxious Weeds Act, 1924 (No. 19 of 1924), hereinafter referred to as the principal Act.

Amendment

of s. 3. 2. Section three of the principal Act is amended as

follows:—

(a)	by inserting in the definition of "destroy" after the word "thoroughly" in line three of the said definition, the words "or otherwise to render such weeds completely innocuous";
(b)	by inserting after the definition of "plant" a new

definition as follows :—

"Prevent" in relation to any noxious weeds

means to control or prevent the growth,

1939.] Noxious Weeds. [No. 38.

spread, or propagation of any noxious weed, and "prevention" has a corres- ponding meaning.

3. A section is inserted in the principal Act after New section.

section five as follows :-

5A. (1) The Minister may by notice published Mate, r may

in the Government Gazette from time to time declare Teestthroodtfror

the methods which may be adopted or used by per- preventing

sons for the purpose of destroying or preventing weeds'

noxious weeds in compliance with the provisions of

this Act, and by a similar notice may revoke or vary

such notice.

(2)

When the Minister has declared methods as aforesaid, and until the notice declaring the same is revoked or varied, any person who duly and faith- fully adopts and uses such methods for the destruc- tion or prevention of noxious weeds in the discharge of a duty under this Act shall be deemed to have complied with the provisions of this Act, to the extent that he shall not be guilty of an offence under this Act for failing to destroy or prevent noxious weeds, or be liable -for the expenses incurred by an inspector in subsequently destroying or preventing the noxious weeds when the adoption and use of the methods by him as aforesaid prove ultimately not to have been completely effective for the destruction or preven- tion of the noxious weeds in connection with which the said methods were adopted or used.

Where in any case, whether in the prosecution for an offence or in an action for the recovery of expenses incurred in destroying or preventing noxious weeds, the court is satisfied that the person charged or sued adopted or used methods declared by the Minister as aforesaid for the destruction or prevention of the noxious weeds and so adopted or used such methods duly and faithfully in a manner necessary to render them effective, but the court is also satisfied that the complainant or the plaintiff, as the case may be, had reasonable ground for his belief that the defendant had not adopted or used the methods aforesaid or had not adopted or used such methods duly and faithfully in a manner neces- sary to render them effective, the court shall not

(3)

No. 38.] Noxious Weeds. [1939.

make any order as to costs against the complainant

or the plaintiff, as the case may be.

Amendment

of s. 7. 4. Section seven of the principal Act is amended as follows :—

(a) by deleting subsection (1) and inserting in lieu

thereof a subsection as follows :—

(1) Subject to section nine of this Act, any local authority may give notice in writing to the owner or occupier of any land within its dis- trict to destroy or prevent (as the ease may- re- quire) any noxious weeds growing or being upon such land;

(b) by inserting in subsection (2) after the word "destroy" in line four of the said subsection the words "or prevent," and after the word "destruction" in the last line of the said sub- section the words "or prevention";

(c) by inserting in subsection (3) after the word "destruction" in line two of the said subsection the words "or prevention."

Amendment

of s. 8.	5. Section eight of the principal Act is amended by inserting therein after the word "destroy" in line one of the section the words "and prevent."
Amendment
of s. 9.	6. Section nine of the principal Act is amended by inserting therein after the word "destruction" in line two of the section the words "or prevention."
Amendment

of s. 7. Section eleven of the principal Act is amended as

follows :—

(a) by deleting from subsection (1) the word "clear- ing" in line two of the said subsection and in- serting in lieu thereof the words "destroying or preventing noxious weeds growing or being on any";

(b) by inserting in subsection (3) after the word

"destruction" in line four of the said subsection

the words "or prevention."

1939.] Noxious Weeds. [No. 38.

Amendment

8. Section twenty-two of the principal Act is amended by inserting in subsection (2) after the word "destroy" in the List line of the said subsection the words "or prevent." of s. 22.

9. Section twenty-six of the principal Act is amended Amendment ofs.26.

as follows:—

(a) by deleting therefrom the words "the spread or

propagation of" in line four of the section;

(b) by inserting therein after the word "Governor" in the last line but one of the said section the words "or with any notice given by the Min- ister under section five A of this Act and in operation."

10. The principal Act as amended by this Act may Citation of principal Act

be cited as the Noxious Weeds Act, 1924-1939. as amended.