Noxious Weeds Act 1993

In NSW, the Minister for Primary Industries has responsibility for, and declares, noxious weeds under the Noxious Weeds Act 1993. However Local Control Authorities (LCAs, usually the local council) are responsible for areas under their control. All owners and occupiers of property in the Sydney region are obliged to comply with this Act. An LCA can enforce penalties on land holders failing to control noxious weeds on their land.

Order 19 of the Noxious Weeds Act 1993 declares certain plants to be noxious weeds in one (or more) of five weed classes. Some adjustments were subsequently made to this listing in Order 20.

Class 1 - State Prohibited Weeds. "The plant must be eradicated from the land and the land must be kept free of the plant."
Class 2 - Regionally Prohibited Weeds. "The plant must be eradicated from the land and the land must be kept free of the plant."
Class 3 - Regionally Controlled Weeds. "The plant must be fully and continuously suppressed and destroyed."
Class 4 - Locally Controlled Weeds. "The growth and spread of the plant must be controlled according to the measures specified in a management plan published by the local control authority" and in addition for some Class 4 weeds " and the plant may not be sold, propagated or knowingly distributed".
Class 5 - Restricted Plants. "The requirements in the Noxious Weeds Act 1993 for a notifiable weed must be complied with."

Click HERE to download the draft templates for Class 4 Management Plans (draft Templates @1st November 2006).

The control objectives for each class are:
Class 1 is to prevent the introduction and establishment of those plants in NSW.
Class 2 is to prevent the introduction and establishment of those plants in parts of NSW.
Class 3 is to reduce the area and the impact of those plants in parts of NSW.
Class 4 is to minimise the negative impact of those plants on the economy, community or environment of NSW.
Class 5 is to prevent the introduction of those plants into NSW, the spread of those plants within NSW or from NSW to another jurisdiction.

To find out what weeds are declared noxious in your council area, click HERE