Noxious Weeds Act

ZIM:BABWE Noxious Weeds Act Chapter 19:07 Revised Edition 1996 Printed by fill' Government Printer. Hamil'. Section NOXIOUS WEEDSACT l:HAI''Tt;K 1!l:07 NOXIOUS WEEDS ACT Acts 21/1926, 37/1938 (s. 3). 2911951 (s. 2), 61//966 (s. 78), 57/1972 (s 13). 28/1979. 2011982. 8/1(188 {s. J6-1).- R,G.N.s JJJllfJ6J. 618/1963, ]J4.lJfJ64. ]/711970, J43/J976; 88J/J978. S.J. 170/1986. ARRANGEMENT OF SECTIONS .. 1-5 1. Short title. 1.. Interpretation. 3. Duty of persons responsible to clear noxious weeds. 4. Power to enter upon land, 5, Notice to be served on persons responsible for infected land. 6, Manner in which notices may beserved. 7, Penalty for failure 10 comply with notice. 8, Weeds inspector may clear land at expense of person responsible. 9. Penalty for obstructionof weeds inspector in exercise of his duty. 10. Noxious weeds not to be placed in any watercourse or on any road or land. II. Power to lake samples ofseed and treatment of plant, seed or grain offered for sale. 12. Penalty for offerina for sale infected seed, 13, Local authorities authorized to make by-laws ad hoc. 14. Responsible persons in any district may petition Minister to have plant declared noxious weed. IS. Alteration of Schedule. 16. Regulations. SCHEDULE: Noxious Weeds, AN ACT to make provision for the eudic:ation of noxious weeds. [Date ofcommencement: 1st August, 1927.} 1 Short title This Act may be cited as the Noxious Weeds Act [Chapler19:07}. 2 Interpretation "clear" mel'rt~ to dig up or pull "I' Rntl hum n""iou, weeds, or 10 employ other means of destruction authorized by the Minister; "local authority" means a city council, municipal council, town councilor rural district council; "Minbtn" mcaas the Mini~ter of Agrieultun: or any other Minister to whom the President may from time to time assign the administration of this Act; "DoIious weed" means, in relation 10 (a) the whole ofZimbabwe, the plants specified in Part I of the Schedule; (b) any area specified in Part II of the Schedule, the plant specified opposite thereto in that Part; "owner", in relation to unoccupied land, includes (a) in the case of a company or an association, the manager ur, ifhb mUllC i~ not known, any director of the company or association; (b) in the case of a partnership, the manager or, if his name is not known, any member of the partnership; "penon responsible", in relation 10 land, means (a) Ute occupier of land or, in the I.:MC uf unoccupied land, the registered owner thereof; (b) in the case of a mining location, the holder of such location; (c) in the case of State land over which grazing or other ngnrs have been graruecl, tho; holder of auch rights; (d) in the case of land in Communal Land, the occupier or the person who has the use of such land, or the chief or headman who has jurisdiction over the land, or all or anyof the inhabitants of the nearest village; 339 (e) in the caGe of commonage or town lands or roads or other areas, the local authority under whose control or within whose jurisdiction such land, road or other area is situate; "weeds inspector" means any person appointed by the Minister 10 perform the duties of a weeds inspector under this Act. 3 Duty of persons responsible to clear noxious weeds (I) It "hall he the duly of every person responsible under this Act to clear or cause to be cleared anv noxious weeds growing or occurring on the land in respe~1 of which he is responsible. It shall further be the duty of any person to report forthwith to the nearest known weeds inspector the occurrences of any noxious weeds on any land in respect of which such person is responsible, (2) Any person contravening subsection (1) snail be guilty 0 f an offence and Iiable to a fine not exceeding fifry dollars or, in default of payment, 10 imprisonment for a period nOI exceeding one month. 4 Power to enter upon land A weeds inspector may at all reasonable times enter upon any land, whether enclosed or not, for the purpose of ascertaining if any noxious weeds are growing thereon, 5 Notice to be servec:l on persons responsible for Infectec:lland If a weeds inspector finds any noxious weed growing or occurring upon land, he may by notice in writing served UpUIl the peuulI Je~poll~iblc J'C'quiJ'C' him to clc ar auch lund within a reasonable time to be specified in the notice, and it shall thereupon be the duty of the person responsible to do so. Such notice shall indicate the particular noxious weed occurring upon the land and as nearly as practicable the [Chapter 19;071 .. 5-16 NOXIOUS WEEDS ACT portion or portions of the lam.! un which Lilt: sail! noxious weed occurs. 6 Manner in which notices may be served Any notice under this Act shall be in writing, signed by the person giving such notice. Such notice shall be deemed to be duly served (0) if served personally upon the person responsible; or (b) if left addressed to the person responsible at his usual or last known place of abode; or (~ ) i f posted in a pre:p aid rcgi stc red Icttc r addressed to the person responsible at his last known place of abode or business. 7 Penalty for failure to comply with notice Any pen:on who fails to ".(Imply v.rith ~ 11m;".. served upon him in terms of section five shall be guilty of an offence and liable (a) if the notice required him to clear land of a noxious weed specified in Part III of the Schedule, to a fine not exceeding two thousand dollars or to imprison­ ment for a period not exceeding six months or to both such fine and such imprisonment; (b) if the notice required him to clear land of a noxious weed, other than a noxious weed specified in Part III of the Schedule, 10 a fine not exceeding two hundred dollars or, in default of payment, to imprisonment for a period not exceeding three months. 8 Weeds inspector may clear land at expense of person responsible It the person responsi bte fai Is to clear the land as atore­ said, or if such notice cannot be served in the manner prescribed by section six, a weeds inspector may, upon receiving written authority from the Minister, enter upon the land with or without assistance and eradicate any noxious weeds found thereon; but nothing herein contained shall relieve the person responsible from any penalty he may have incurred under this Act, and the Minister may recover the cost, charges and expenses of clearing the land aforesaid by action in any competent court. 9 Penalty tor Obstruction Of weeas Inspector In exercise of his duty Any person who obstructs or hinders a weeds inspector in the exercise 0 f his duty under this Act shall be liab Ie to the penalty prescribed by paragraph (b) of section seven. 10 Noxious weeds not to be placed in any watercourse or on any road or land (I) No person shall place or cause or permit to be placed (0) in any river, stream or irnganon canal or any other watercourse; or (b) on any road or land; any noxious weed or the seed of any noxious weed. (2) Any person who contravenes subsection (1) ehal] h .. guilty of an offence and liable (a) if the offence involves a noxious weed or the seed of a noxious weed specified in Part III of the Schedule, to the penalties prescribed by paragraph (a) of sec­ tion ~IJVRJ1~ Or (b) if the offence involves any noxious weed or the seed of any noxious weed, other than a noxious weed specified in Part III of the Schedule, to the penalties prescribed by paragraph (/I) of section seven. 11 Power to take ••mplttli of StI'liId anu treatment of plant, seed or grain offered tor sale Any weeds inspector may at all reasonable times enter any premises where any plant, seed or grain is offered for sale and may take samples thereof, and should such weeds ins pecun fUlll offered fur sale wlY plant, =L1 ur grain which is likely to propagate or spread the growth of noxious weeds, such plant, seed or grain shall, when considered necessary by the inspector, be treated by or at the expense of the consignee or vendor, in the manner prescribed I:>y ('or In till;" .,.tisf""tinn nf rh,. inspl;"clor, and if not so treated, or if such treatment is deemed ineffectual, the Minister may cause such plant, seed or grain to be destroyed. 12 Penalty for offering for sale infected seed (I) No person shall knowingly sell, oller or expose lor sale any plant, seed or grain which is likely to propagate or spread the growth of noxious weeds. (2) Any person who contravenes subsection (I) shall be guilty of an offence and liable (a) if the offence involves the likely propagation or spread of a noxious weed specified in Part III of the Schedule, 10 the penalties prescribed by paragraph (a) of section seven; or (b) if the offence involves the likely propagation or spread of any noxious weed, other man a noxious weed spec ified in Part III 0 f the Schedul e, to the penal ties prescribed by paragraph (b) 0 f section seven. 13 Local authorities authorized to make by-laws ad hoc (I) Every local authority shall have power to make by­ laws compelling occupiers of land within the area of the local authority to keep their land free from noxious weeds, and in respect of villages the President shall have like powers. (2) Contravention of such by-laws shall be punishable in the same way as in the case of the ordinary by-laws of the local authority. u, neDponDible peraon. in any district may petition Minister to have plant declared noxious weed Any person responsible in any district or portion of a district may petition the Minister to declare any plant to be a noxious weed for the pl1Cp03CS of this Act in such district or portion of a district. On receipt of such petition the Minister shall cause notice to be given in the Gazeue setting forth the nature of the petition and calling upon any persons responsible in the said district or portion of a dietriet In Ir"ig,." in writing. within a reasonable time to be fixed by such notice, any objections to the said petition being acceded to. Thereupon, on the expiry of the period fixed for receiving objections, the Minister shall take the same into consideration and may grant or refuse the petition. 15 Alteration of Schedule The Minister may at any time, by statutory instrument, add to or amend the Schedule or replace the whole or any part thereo f. 16 RegUlations (I) The Minister may make regulations (a) for the prevention of the introduction and spread of noxious weeds or the seeds thereof; [Chapter19:07] 340 341341