Northern Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WEEDS MANAGEMENT LEGISLATION AMENDMENT ACT 2022 (NO 7 OF 2022) - SECT 15A

Offences related to emergency weed management plans

    (1)     A person commits an offence if:

    (a)     the person is an owner or occupier of land; and

    (b)     an emergency 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 emergency weed management plan and the person is reckless in relation to that result.

Penalty:     environmental offence level 3.

    (2)     Strict liability applies to subsection (1)(a) and (b).

    (3)     A person commits an offence if the person contravenes an emergency weed management plan.

Penalty:     environmental offence level 4.

    (4)     An offence against subsection (3) is an offence of strict liability.

    (5)     It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

Note for subsection (5)

The defendant has an evidential burden in relation to the matters in subsection (5) (see section 43BU of the Criminal Code).

Division 5     Weed control notice



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback