Your responsibilities

On 1 July 2017, the Noxious Weeds Act 1993 was replaced by the Biosecurity Act 2015. The Weed biosecurity section of this website is being reviewed, and information currently on this page may not reflect the new legislation.


Some serious weeds are required by law to be controlled by all landholders in an area. These are known as noxious weeds and the law that controls these in NSW is the Noxious Weeds Act 1993.

  • The Act imposes obligations on occupiers of land to control noxious weeds declared for their area.
  • All private occupiers of land must control noxious weeds on the land.
  • An occupier (other than a public authority or a local control authority) of land to which a weed control order applies must control noxious weeds on the land as required under the order.
  • If an occupier fails to comply with obligations under a weed control order, those obligations may be enforced against the owner of the land as well as the occupier by a weed control notice issued under section 18.
  • Section 18 says the local control authority (in this case Rous County Council) may require owners or occupiers of land (other than public authorities or other local control authorities) to control noxious weeds.
  • A local control authority may, by notice (a weed control notice) given to an owner or occupier of land, require the owner or occupier to carry out any of the occupier’s obligations to control noxious weeds on that land as required under a weed control order.
  • A notice (an emergency weed control notice) may require compliance within a shorter time (not being less than 24 hours) if the notice relates to obligations under an emergency weed control order.
  • The local control authority may give a weed control notice only if satisfied that an occupier has failed to carry out any of his or her obligations under the Act to control noxious weeds. A local control authority may by notice revoke or amend a weed control notice given by the authority.
  • An owner of land who is not the occupier of the land may, at all reasonable times, and after giving reasonable notice to the occupier, enter the land for the purpose of complying with a weed control notice.
  • Owners and occupiers must comply with weed control notices issued by the local control authority.
  • An owner or occupier of land (other than a public authority or a local control authority) given a weed control notice by a local control authority, or a successor in title to the owner or occupier who has notice of the notice, must not fail to comply with the notice.
  • All noxious weeds in NSW are listed in the Noxious Weeds database.

A Woonona man was fined after more than 500 illegal weeds were found in his home. Story from the Illawarra Mercury April 8 2013.