Merriwa Shire Council v Castlebar Holdings Pty Ltd [2004] NSWLC 2

Local Court of New South Wales

CITATION: Merriwa Shire Council v Castlebar Holdings Pty Ltd [2004] NSWLC 2 JURISDICTION: Criminal PARTIES: Merriwa Shire Council v Castlebar Holdings Pty Ltd FILE NUMBER: PLACE OF HEARING: Tamworth Local Court DATE OF DECISION: 02/20/2004 MAGISTRATE: CATCHWORDS: Control noxious weeds - St John's Wort LEGISLATION CITED: Noxious Weeds Act 1993 s 12 Pastures Protection Act 1934 s 81 CASES CITED: King v Tait (Local Government Reports Volume 18 p 190 Daley Industries Pty Ltd v Melacare Industries of Australia P/L (95040213 NSW Supreme Court of Appeal Unreported 19 September 1996. REPRESENTATION: Mr D MacLean for the Council Mr J.W Conomos of Counsel instructed by Grae Stewart McKenzie Speed and Stracey Solicitors ORDERS:

1 Geoffrey Riley (hereinafter referred to as 'the Informant'), an authorised Officer of the Merriwa Shire Council, instigated proceedings against Casltebar Holdings Pty.Ltd. (hereinafter referred to as 'the Defendant Company') alleging that between the 11 December 2000 and 29 January 2002 the Defendant Company failed to control noxious weeds, more particularly St. John's Wort, in contravention of s12 of the Noxious Weeds Act 1993 (hereinafter referred to as 'the Act').

2 The information was amended by consent on the 12 August 2002 to allege that the Defendant Company failed to control St. John's Wort between the 4 October 2000 and 29 January 2002. 3 St. John's Wort is a W2 noxious weed and the action required by an owner or occupier is set out in s9 the Act The action required to be taken under this Act to control a noxious weed for which a particular control category is specified is the action set out below in relation to that control category: For a W1 noxious weed, the presence of the weed on land must be notified to the local control authority and the weed must be fully and continuously suppressed and destroyed For a W2 noxious weed, the weed must be fully and continuously suppressed and destroyed For a W3 noxious weed, the weed must be prevented from spreading and its numbers and distribution reduced For a W4 noxious weed, the action specified in the declaration must be taken in respect of the weed.