Weed Management Amendment Act 2007 (TAS)

Weed Management Amendment Act 2007

An Act to amend the Weed Management Act 1999

[Royal Assent 17 April 2007]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Weed Management Amendment Act 2007 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Weed Management Act 1999 is referred to as the Principal Act. 4Section 7 amended (Declaration of weeds) Section 7 of the Principal Act is amended by omitting "Division" and substituting "Part". 5Section 9 amended (Order for declared weed) Section 9 of the Principal Act is amended as follows: (a) by omitting paragraph (a) from subsection (1) and substituting the following paragraph: (a) the plant may have an adverse impact on – (i) the productive capacity of Tasmania, another State or a Territory; or (ii) any natural or physical resources of Tasmania, another State or a Territory; or (iii) the genetic diversity of an indigenous plant of Tasmania, another State or a Territory; or (iv) the genetic integrity of an indigenous plant of Tasmania, another State or a Territory; or (v) the maintenance of indigenous ecological processes of Tasmania, another State or a Territory; and (b) by inserting in subsection (3)(b) "draft" after "no". 6Section 20 substituted Section 20 of the Principal Act is repealed and the following section is substituted: 20Changes to weed management plan (1)  The Minister, by order published in the Gazette, may change a weed management plan by omitting, amending, substituting or adding any provision if satisfied that an emergency has arisen, or is likely to arise, making it necessary or advisable to so change the weed management plan. (2)  The Secretary may amend a weed management plan by – (a) correcting a minor error in the plan; or (b) making a change of form, not involving a change of substance, in the plan. 7Section 21 amended (Notification of changes to weed management plan) Section 21 of the Principal Act is amended by omitting " section 20 " and substituting " section 20(1) ". 8Section 22 amended (Period of order, &c.) Section 22 of the Principal Act is amended as follows: (a) by omitting from subsection (1) " section 20 " and substituting " section 20(1) "; (b) by omitting from subsection (2) " section 20 " and substituting " section 20(1) "; (c) by inserting the following subsection after subsection (2) : (3)  An amendment to a weed management plan under section 20(2) is in force for the period during which the weed management plan is in force. 9Section 23 amended (Suspension of substituted provision) Section 23 of the Principal Act is amended by omitting " section 20 " and substituting " section 20(1) ". 10Section 24 amended (Review of weed management plan) Section 24 of the Principal Act is amended by inserting after subsection (5) the following subsection: (6)  An amendment to a weed management plan under this section is in force for the period during which the weed management plan is in force. 11Section 56 substituted Section 56 of the Principal Act is repealed and the following section is substituted: 56Sale, purchase, propagation, use, &c., of declared weed prohibited (1)  A person must not – (a) sell a declared weed or any material or thing containing or carrying a declared weed; or (b) purchase or offer to purchase a declared weed or any material or thing containing or carrying a declared weed; or (c) grow, propagate or scatter a declared weed; or (d) store a declared weed or any material or thing containing or carrying a declared weed; or (e) hire or offer for hire any material or thing containing or carrying a declared weed; or (f) use a declared weed or any material or thing containing or carrying a declared weed; or (g) deal with a declared weed or any material or thing containing or carrying a declared weed in any manner that is likely to result in the spread of the declared weed.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Subsection (1) does not apply in respect of feed grain for animals that is – (a) carrying a declared weed; and (b) imported into Tasmania in accordance with any measures prescribed for the purpose of section 57(2). (3)  It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that he or she took all reasonable actions to prevent the commission of the offence. 12Section 57 amended (Importation of declared weed) Section 57 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "the State any declared weed if prohibited to do so by a weed management plan." and substituting "Tasmania any declared weed."; (b) by omitting subsections (2) and (3) and substituting the following subsections: (2)  A person must not import or allow to be imported into Tasmania, otherwise than in accordance with any prescribed measures, any feed grain for animals that may be carrying a declared weed.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person must not import or allow to be imported into Tasmania, otherwise than in accordance with any prescribed measures, any livestock that may be carrying a declared weed.

Penalty:  Fine not exceeding 50 penalty units.

[Second reading presentation speech made in:

House of Assembly on 14 MARCH 2007

Legislative Council on 21 MARCH 2007]