New South Wales

Weed legislation contact

Piers Barrow
Senior Legislation Policy Officer
Department of Land Resource Management
P O Box 496

Ph. (08) 8999 4414


Relevant legislation

The relevant legislation is the Weeds Management Act 2001 (WMA) which commenced on 1 July 2001 replacing the Noxious Weeds Ordinance 1962. The Act is administered by the NT Department of Land Resource Management.


The purpose of the Act is-

  1. to prevent the spread of weeds in, into and out of the Territory and to ensure that the management of weeds is an integral component of land management in accordance with the Northern Territory Weeds Management Strategy 1996 - 2005 or any other strategy adopted to control weeds in the Territory;
  2. to ensure there is community consultation in the creation of weed management plans; and
  3. to ensure that there is community responsibility in implementing weed management plans.

Under Section 7 of the WMA:

  1. The Minister may, by notice in the Gazette, declare a plant to be a declared weed and may classify the declared weed for the purposes of preventing the plant entering into, or managing the plant in, the Territory or a part of the Territory.
  2. The Minister may, by notice in the Gazette, declare a plant to be a potential weed for the purposes of managing the plant in the Territory or a part of the Territory.
  3. The Minister may only make a declaration under subsection (1) or (2) after he or she has consulted with the Minister responsible for the administration of the Territory Parks and Wildlife Conservation Act concerning the proposed declaration.
  4. A declaration under subsection (1) may classify a declared weed having regard to whether it is-
    1. necessary to eradicate the declared weed;
    2. necessary to prevent the growing and spreading of the declared weed; or
    3. necessary to prevent the introduction of the declared weed into the Territory.
  5. The classification of a declared weed may be in accordance with a nationally agreed classification scheme or code.

Under section 9 of the WMA:
  1. A person must not, except in accordance with a permit -
    1. bring a declared weed or take part in, or be responsible for, bringing a declared weed into the Territory;
    2. propagate or scatter a declared weed;
    3. sell or offer to sell a declared weed or anything that contains or carries a declared weed;
    4. hire any equipment, device or thing that contains or carries a declared weed or potential weed;
    5. purchase or offer to purchase a declared weed or anything that contains or carries a declared weed;
    6. store, grow or use a declared weed or anything that contains or carries a declared weed; or
    7. transport or carry on his or her person a declared weed or anything that contains or carries a declared weed.

Key points are that the WMA:
  • Has direct links with the Territory's weed management strategy;
  • From a Territory functionality perspective, the legislation is consistent with the goals and objects of the National Weeds Strategy;
  • Weed management is the responsibility of owners and occupiers of land and they have a general duty to control weeds;
  • In order to overcome potential environmental weeds, plant material can only be disposed of on a person's own land or designated weed disposal areas;
  • Moving, selling or growing declared weeds is prohibited without a permit;
  • The Act binds the Crown so that the government is under the same obligations as other landowners and managers; and
  • Has provisions for:
    • Weed management plans;
    • Weed advisory committees;
    • Designated quarantine and cleaning areas; and
    • Use of a declared weed under a permit.

On commencement of the WMA, weeds that were declared under the repealed Noxious Weeds Ordinance 1962 became declared weeds under the new Act. The same weed categories were retained, but with the increased provisions preventing trade and distribution under the new Act.

Further information is available on the NT Department of Land Resource Management website( or, including the current NT declared weeds list.


A Class A Declared Weeds - to be eradicated.
B Class B Declared Weeds - growth and spread to be controlled.
C Class C Declared Weeds - not to be introduced to the Territory. All Class A and B weeds are also Class C weeds.
Regional Declaration
^ Not prescribed for all of the Territory.
* This species varies in declaration status in different parts of the Territory. For more information, click on the species name above, or go to, and click on the relevant species.
(1) Salix spp: Except S. babylonica (weeping willow), S. X calodendron (pussy willow) & S. X reichardtiji (sterile pussy willow).
(2) Equisetum spp. All including E. ramosissimum
(3) Kochia scoparia/: All subspp. except subsp. trichophylla.
(4) Orobanche spp: All except O.minor, O.cernua var. australia
(5) Striga spp: All non-indigenous, including S. angustifolia and S. asiatica..