Northern Territory Numbered Acts Northern Territory Numbered ActsPart 3, Division 3
repeal, insert
(1) If, in the opinion of the Minister, an owner or occupier of land contravenes a weed management plan, the Minister may, by written notice to the owner or occupier of the land, do any of the following:
(a) direct the person to comply with the weed management plan within the time specified in the notice;
(b) direct the person to prepare a proposed remedial weed management plan for the land and submit the proposed remedial weed management plan to the Minister in the time specified in the notice;
(c) prepare a remedial weed management plan for the land.
Note for subsection (1)
Sections 9(1)(a) and 9E(1)(a) require an owner or occupier of land to comply with a weed management plan that applies to a declared weed or potential weed on that land.
(2) Without limiting subsection (1), a direction under that subsection may require the owner or occupier of the land to carry out works specified in the notice to ensure that any damage caused by the contravention of the weed management plan is remedied.
(3) A remedial weed management plan prepared under this section must include the following:
(a) the name of the weed management plan that was contravened;
(b) the objectives of the remedial weed management plan;
(c) the time within which the objectives of the remedial weed management plan are to be achieved;
(d) the methods to be used to achieve the objectives of the remedial weed management plan;
(e) the intervals at which the owner or occupier of the land must report to the Minister on the operation of the plan;
(f) a description of the land to which the remedial weed management plan applies;
(g) any other matter specified by the Minister.
(4) The Minister may, on receipt of a proposed remedial weed management plan under subsection (1)(b):
(a) approve in writing the proposed remedial weed management plan; or
(b) return the remedial weed management plan to the owner or occupier of the land and require the plan to be revised and resubmitted to the Minister within the time specified by the Minister.
(5) The Minister must not return a proposed remedial weed management plan prepared under subsection (1)(b) to the owner or occupier of land for revision more than twice.
(6) Without limiting subsection (1)(c), the Minister may prepare a remedial weed management plan for land if the owner or occupier of the land:
(a) fails to submit a proposed remedial weed management plan in accordance with a direction under subsection (1)(b); or
(b) submits a proposed remedial weed management plan that the Minister considers does not meet the requirements of this section.
(7) An owner or occupier of land to which a remedial weed management plan applies must comply with the remedial weed management plan.
(1) The reasonable cost of the Minister preparing a remedial weed management plan under section 14(1)(c) or (6) is:
(a) a debt due and payable to the Territory by the owner or occupier of the land; and
(b) an overriding statutory charge, within the meaning of the Land Title Act 2000 , on the land to which it relates and which has priority over all other charges on the land.
(2) For section 35 of the Land Title Act 2000 , a remedial weed management plan is taken to impose a restriction on the use and occupation of the land to which it relates and the Minister must lodge with the Registrar-General a memorandum in accordance with that section.
(3) A remedial weed management plan is binding on a mortgagee in possession of, and on successors in title to, the land to which it relates.
(1) A person commits an offence if:
(a) the person is an owner or occupier of land; and
(b) a weed management plan applies to the land; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in a contravention of the weed management plan and the person is reckless in relation to that result.
Penalty: environmental offence level 3.
(2) A person commits an offence if:
(a) the person is an owner or occupier of land; and
(b) a remedial weed management plan applies to the land; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in a contravention of the remedial weed management plan and the person is reckless in relation to that result.
Penalty: environmental offence level 3.
(3) Strict liability applies to subsections (1)(a) and (b) and (2)(a) and (b).
(4) A person commits an offence if:
(a) the person is an owner or occupier of land; and
(b) the person is subject to a direction under section 14(1)(a); and
(c) the person contravenes the direction.
Penalty: environmental offence level 4.
(5) A person commits an offence if:
(a) the person is an owner or occupier of land; and
(b) the person is subject to a direction under section 14(1)(b); and
(c) the person contravenes the direction.
Penalty: environmental offence level 4.
(6) A person commits an offence if the person contravenes a remedial weed management plan.
Penalty: environmental offence level 4.
(7) An offence against subsection (4), (5) or (6) is an offence of strict liability.
(8) It is a defence to a prosecution for an offence against subsection (1), (2), (4), (5) or (6) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
Note for subsection (8)
The defendant has an evidential burden in relation to the matters in subsection (8) (see section 43BU of the Criminal Code).