WEEDS MANAGEMENT REGULATIONS 2006

NORTHERN TERRITORY OF AUSTRALIA WEEDS MANAGEMENT REGULATIONS 2006 As in force at 9 January 2023 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Definitions ........................................................................................ 1 Part 2 Infringement notices 3 When infringement notice for infringement offence may be served .............................................................................................. 2 4 Contents of infringement notice ....................................................... 2 5 Payment by cheque ......................................................................... 3 6 Withdrawal of infringement notice.................................................... 3 7 Application of Part ........................................................................... 3 Schedule Infringement offences and prescribed amounts ENDNOTES -- 1 of 7 -- -- 2 of 7 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 9 January 2023 ____________________ WEEDS MANAGEMENT REGULATIONS 2006 Regulations under the Weeds Management Act 2001 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Weeds Management Regulations 2006. 2 Definitions In these Regulations: infringement notice, see regulation 3. infringement offence means an offence against a provision of the Act specified in the Schedule. prescribed amount, for an infringement offence, means: (a) for an offence specified in the Schedule, Part 1 – the amount payable for the offence under section 8 of the Environmental Offences and Penalties Act 1996; or (b) for an offence specified in the Schedule, Part 2, column 2: (i) if the infringement notice is served on an individual – the amount specified opposite the offence provision in column 3; or (ii) if the infringement notice is served on a body corporate – 5 times the amount specified opposite the offence provision in column 3. -- 3 of 7 -- Part 2 Infringement notices Weeds Management Regulations 2006 2 Part 2 Infringement notices 3 When infringement notice for infringement offence may be served If a weed management officer reasonably believes a person has committed an infringement offence, the officer may serve a notice (an infringement notice) on the person. 4 Contents of infringement notice (1) The infringement notice must specify the following particulars: (a) the name and address of the alleged offender, if known; (b) the date of the infringement notice; (c) the date, time and place of the infringement offence; (d) a description of the infringement offence and the prescribed amount payable for the offence; (e) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable. (2) An infringement notice must include a statement to the effect of the following: (a) the alleged offender may expiate the infringement offence and avoid further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after service of the notice; (b) the alleged offender may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and serving it on the specified enforcement agency; (c) if the alleged offender does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001 including (but not limited to) action for the following: (i) suspension of the alleged offender's licence to drive; (ii) suspension of the alleged offender's vehicle registration; (iii) seizure of personal property of the alleged offender; -- 4 of 7 -- Part 2 Infringement notices Weeds Management Regulations 2006 3 (iv) deduction of an amount from the alleged offender's wages or salary; (v) registration of a statutory charge on land owned by the alleged offender; (vi) making of a community work order for the alleged offender which may result in imprisonment of the alleged offender if the alleged offender breaches the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b). 5 Payment by cheque If the alleged offender tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation. 6 Withdrawal of infringement notice (1) The Chief Executive Officer may withdraw the infringement notice by written notice served on the alleged offender. (2) The notice must be served within 28 days after service of the infringement notice but before payment of the prescribed amount. 7 Application of Part (1) This Part does not prejudice or affect the start or continuing of proceedings for an infringement offence for which an infringement notice has been served unless the offence is expiated. (2) Also, this Part does not prevent more than one infringement notice for the same infringement offence being served on an alleged offender and, to expiate the offence, it is sufficient for the alleged offender to pay the prescribed amount in accordance with any of the notices. (3) In addition, this Part does not: (a) require an infringement notice to be served; or (b) affect the liability of a person to be prosecuted in a court for an infringement offence for which an infringement notice has not been served. -- 5 of 7 -- Schedule Infringement offences and prescribed amounts Weeds Management Regulations 2006 4 Schedule Infringement offences and prescribed amounts regulation 2, definitions infringement offence and prescribed amount Part 1 1 Sections 15C(3) and 21B(2) Note for clause 1 Each offence listed above is an environmental offence level 3. 2 Sections 9A(3), 9D(4), 9G(3), 9L(4) and (5), 14B(4), (5) and (6), 15A(3), 22A(3), 23B(1), 28L(3) and 30(1) Note for clause 2 Each offence listed above is an environmental offence level 4. Part 2 Column 1 Item Number Column 2 Offence provision Column 3 Prescribed amount 1 Section 25A(1) 1 penalty unit 2 Section 25A(2) 1 penalty unit 3 Section 28E(1) 4 penalty units 4 Section 28E(2) 4 penalty units -- 6 of 7 -- ENDNOTES Weeds Management Regulations 2006 5 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Weeds Management Regulations (SL No. 48, 2006) Notified 20 December 2006 Commenced 20 December 2006 Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) Assent date 12 July 2013 Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2) Weeds Management Legislation Amendment Act 2022 (Act No. 7, 2022) Assent date 26 May 2022 Commenced 9 January 2023 (Gaz G48, 7 December 2022, p 1) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 2 and 4. 4 LIST OF AMENDMENTS r 2 amd Act No. 7, 2022, s 34 sch amd Act No. 23, 2013, s 14; Act No. 7, 2022, s 35 -- 7 of 7 --