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Noxious weeds are those plants declared by order of the Minister for Agriculture under the Noxious Weeds Act (1993). NSW Agriculture administers the Noxious Weeds Act (1993). It also plays a major role in Biological control programs and various research programs on weed control and provision of technical advise. Local Government's role is one of implementation of the Noxious Weeds Act (1993). Councils are the Local Control Authority. They are required control Noxious plants on their land, and to implement inspections of private lands to ensure infestations of Noxious weeds are being controlled. Under the Noxious Weeds Act, Local Control Authorities are empowered to enter all land, and if required issue weed control notices to landholders not complying with the Act.

The objectives of the Noxious Weeds Act (1993) are:

• To locate, identify and specify control measures for declared Noxious weeds.
• Specify the duties of land managers, including public authorities and local control authorities, in controlling Noxious weeds.
• Provide the means to ensure Noxious weed control is carried out.

The Noxious Weeds Act (1993) classifies declared weeds into four (4) categories. Each category requires different levels of control/containment to be implemented.

Categories and requirements are:

W1 Noxious weed
These are weeds that are of limited distribution or do not occur in the state, but pose a severe threat to agriculture, the environment or the community.
"The presence of the weed on land must be notified to the Local Control Authority (within 3 days), and the weed must be fully and continually suppressed and destroyed."

W2 Noxious weed
A weed that poses a threat to agriculture, the environment or the community, and has potential to spread to other areas.
"The weed must be fully and continually suppressed and destroyed."

W3 Noxious weed
A weed that poses a threat to agriculture, the environment or the community, and has the potential to spread to other areas.
"The weed must be prevented from spreading, and its numbers and distribution reduced"

W4 Noxious weed
This category is divided into 7 sub-categories:

1. W4 (a): Must not be sold, propagated, or knowingly distributed. No part of the plant can be grown within three metres of property boundary.
2. W4 (b): Must not be sold, propagated, or knowingly distributed. Established planting must be prevented from flowering and fruiting.
3. W4 (c): Must not be sold, propagated, or knowingly distributed. Must be prevented from spreading to adjoining properties.
4. W4 (d): Must not be sold, propagated, or knowingly distributed. Any tree under three metres in height must be removed. Any tree within 0.5 kilometres of remnant urban bushland as defined by State Environmental Planning Policy 19, and deemed by Council as having Historical or Heritage significance must be removed. Any tree over three metres in height and not included in a management plan approved by the Local Control Authority must be removed.
5. W4 (e): Must not be sold, propagated, or knowingly distributed. Occupier must implement biological control or other program as directed by the Local Control Authority.
6. W4 (f): Must not be sold, propagated or knowingly distributed.
7. W4 (g): Must not be sold, propagated or knowingly distributed.

A full listing of NSW listed noxious weeds is contained in the NSW Agriculture Noxious and Environmental Weeds Handbook 2004 - 2005. For a list of noxious weeds of your area, go to the NSW Agriculture website (www.agric.nsw.gov.au) and follow the links. If in doubt, please contact the Weeds Officer at your local council.

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© 2004 Compiled by Ken Bunn, Coordinator, Hunter and Central Coast Weed Management Program.

Version #2, 2004

Design by Carlena Payne.
Email: carlenadesigns@hotmail.com