Weeds and the law

Noxious Weeds Act 1993 (NSW)

Up until 2017, the main piece of legislation dealing with weeds in NSW was the Noxious Weeds Act 1993, and plants listed under the Act were called ‘noxious weeds.’ This Acthas since been repealed and the term ‘noxious weed’ has no legal meaning and should no longer be used.

Trees (Disputes Between Neighbours) Act 2006 (NSW)

For neighbour disputes relating to trees, hedges, bamboo, or vines, the Land and Environment Court of NSW has the power to settle such issues under the Trees (Disputes Between Neighbours) Act 2006.

Biosecurity Act 2015 (NSW)

In NSW, the biosecurity risk posed by weeds is managed under the Biosecurity Act 2015 and supported by the Biosecurity Regulation 2017. Weeds are regulated according to the risk they pose to the environment, community, and economy. Those that create the highest level of risk are called priority weeds. Management action, investment and compliance effort should be directed toward priority weeds.

Plants shown to pose a high biosecurity risk to NSW are called State priority weeds and are either declared prohibited matter (Part 4), placed under an emergency order (Part 5), a control order (Part 6), within a biosecurity zone (Part 7), or have mandatory measures specified that must be followed (S.24). It is illegal to contravene these regulations and serious penalties apply.

Plants shown to pose a high biosecurity risk to the Greater Sydney Region, are called regional priority weeds, and have recommended measures that are considered reasonably practicable to prevent, eliminate, or minimise their risks (see Appendix 1.2 of the Greater Sydney Regional Strategic Weed Management Plan 2023-2027).

A list and description of all State regulated plants and regional priority weeds for the Greater Sydney Region can be found here. If you think you’ve seen a State regulated plant or notifiable regional priority weed, please contact Council through the Online Services Portal or email hsc@hornsby.nsw.gov.au.

Authorised Council officers have powers to inspect any land within Hornsby Shire for these plants and enforce their control in accordance with the Biosecurity Act 2015 and the Greater Sydney Regional Strategic Weed Management Plan 2023-2027. More information of Council’s functions under the Biosecurity Act 2015 in relation to weeds can be found here.

Although they can be a nuisance, the Biosecurity Act 2015 considers common and widespread weeds to pose a low biosecurity risk and enforcement of their control not an effective use of resources. For more information on the Biosecurity Act 2015, visit NSW Department of Primary Industries.