Under the Noxious Weeds Act you have a legal obligation to control noxious weeds on land that you own or occupy.
Coouncil's role is to work with landowners and occupiers to help you with your responsibilities according to the Noxious Weeds Act. This includes:
- Identifying weeds.
- Providing advice and information on ways to control weeds.
- Providing displays at community events about weeds.
- An ongoing program of rural and urban inspections to check for noxious weeds.
- Noxious weed control in the MidCoast area. Conducted on a priority basis, when available funds allow.
A "noxious weed" is a weed that is declared noxious by the Minister for Agriculture in accordance with the Noxious Weeds Act 1993. Priority for noxious declaration categories is determined by the detrimental effect a plant has on the environment and its ability to cause severe economic loss to Agriculture or the environment. A weed will only be declared noxious if there are reasonable and enforceable means of control.
Weeds are declared noxious on local and state levels. Weeds may be added or deleted from declaration and categories may be changed at any time. The Noxious Weeds Act 1993 provides for the Minister for The Department of Primary Industries to issue an order declaring a plant noxious, either in the whole State or a portion of a State. The Act requires declared noxious weeds to be listed in one of the five control categories specified in the Act.
You can also visit Noxious Weeds Declarations – NSW Department of Primary Industries for more information.
Control of Noxious Weeds on Private Land
Occupiers of land are required to control noxious weeds according to the control categories for their areas. Where any occupier fails to control weeds on their land, the Council may issue a notice for control of the weed.
If the occupier fails to comply with a notice, the Council may prosecute and/or enter the property and carry out any necessary weed control work, charging the landowner any reasonable expense incurred. Alternatively the Council may issue an "on the spot" penalty for breaches of the Act.
Control of Noxious Weeds on Public Land
Council and Public Authorities are requested to control noxious weeds on land under their control. Only the Minister has the power to issue notices to public land managers and Councils to control noxious weeds on their land.
Noxious Weed Inspections
If we need to inspect your property we’ll notify you first, either in person, by phone or in writing.
You can also ask us to inspect your property.
We always prefer the owner or occupier to be there during an inspection. This way, we can give advice and answer any questions.
What happens if any noxious weeds are found?
After an inspection we send a report with a list of the noxious weeds found.
We also give you information about how to control weeds where possible.
If you don’t control the weeds as required, management may be enforced. This may include penalties and additional fees and charges.
See our Fact Sheet Noxious Weed Property Inspections(PDF, 152KB) for more information.
An environmental weed is a plant that is not declared noxious but can still impact on the environment by interfering with the growth and spread of native plant species. They can also impact on native animals by replacing their natural food sources or affecting wildlife corridors. 65% of environmental weeds have "escaped" from domestic gardens.
For a detailed guide to responsible gardening that's specific to our region, you can download the free book below.
Pesticide Use Notification Plan
Our Pesticide Use Notification Plan sets out the process we follow to inform the community about pesticide use in the local area, including outdoor public places owned or controlled by Council. Council ensures that pesticides are applied to public places in a safe, responsible manner, minimising harm to the community and the environment. The plan allows members of the community to take action to avoid contact with pesticides, if they wish.