Malawi Act or statute

Malawi legislation

Noxious Weeds Act, 1936

agricultural inspectionby-lawscompliancecompliance noticesenforcementinspection powersland clearanceland managementland occupancynotice servicepetition processproperty maintenanceregulatory compliancereportingseed saleswaste disposalweed controlweed regulation

Jurisdiction: Malawi
Structure: 16 provisions
Citation: Act 17 of 1936
Official identity: Year 1936
Dates: Enacted 1936 · Source version 31 Dec 2014

More statute details

Official identity: Year 1936
Dates: Enacted 1936 · Source version 31 Dec 2014

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Purpose and legislative effect

“This section gives the Act its short title: the Noxious Weeds Act.”

This section gives the Act its short title: the Noxious Weeds Act. This section defines key terms used in the Act, including “clear,” “noxious weed,” “owner,” “person responsible,” and “weed inspector.” Responsible persons must clear noxious weeds on land they are responsible for and report weed occurrences to the nearest known weed inspector without delay. A weed inspector may enter any land at all reasonable times to check whether noxious weeds are growing there. A weed inspector may serve written notice requiring the responsible person to clear land with noxious weeds within a reasonable time.

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Enacted 1936 · Source version 31 Dec 2014. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title

This section gives the Act its short title: the Noxious Weeds Act.

Section 1

Notice to be served on persons responsible for infected land

A weed inspector may serve written notice requiring the responsible person to clear land with noxious weeds within a reasonable time.

Section 5

Penalty for obstruction of weed inspector in exercise of his duty

A person must not obstruct or hinder a weed inspector while the inspector is carrying out duties under the Act.

Section 9

Penalty for offering for sale infected seed, etc

A person who knowingly sells, offers, or exposes for sale plant, seed, or grain likely to spread noxious weeds is liable to the penalty in section 7.

Section 12

Regulations

The Minister may make and change regulations under this Act, as long as they are consistent with the Act.

Section 16

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Source record from malawilii.org · Enacted 1936 · Source version 31 Dec 2014

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Showing 16 of 16 provisions

Provision 8Offence 5Short titleInterpretation

§ 1Short titleShort title

This section gives the Act its short title: the Noxious Weeds Act.

1. Short title This Act may be cited as the Noxious Weeds Act.

Section 1Verify source

§ 2InterpretationInterpretation

This section defines key terms used in the Act, including “clear,” “noxious weed,” “owner,” “person responsible,” and “weed inspector.”

2. Interpretation In this Act, except where the context otherwise requires— “ clear ” means to dig up or pull up and burn noxious weeds, or to employ other means of destruction authorized by the Minister; “ noxious weed ” means any plant which the Minister may by notice published in the Gazette declare to be a noxious weed, either throughout the whole of Malawi or in one or more Districts or portions of Districts thereof; “ owner ”, in relation to unoccupied land, includes— (a) in the case of a company or an association, the manager or, if his name be not known, any director of the company or association; (b) in the case of a partnership, the manager or, if his name be not known, any member of the partnership; “ person responsible ”, in relation to land, means— (a) the occupier of land, or in the case of unoccupied land the registered owner thereof; (b) in the case of a mining location, the holder of such location; (c) in the case of public land or customary land over which grazing or other rights have been granted, the holder of such rights; (d) in the case of land in customary land, the occupier or person who has the use of such land, or the Chief who has jurisdiction thereover, or all or any of the inhabitants of the nearest village; (e) in the case of commonage or town lands or roads or other areas, the Municipal Council or Town Council under whose control or within whose jurisdiction such land, road or other area is situate; “ weed inspector ” means any person authorized by the Minister to perform the duties of an inspector under this Act. Magistrates, District Commissioners, Assistant District Commissioners, and all members of the police force shall be ex officio weed inspectors for the purposes of this Act.

Section 2Verify source

§ 3Duty of persons responsible to clearProvision

Responsible persons must clear noxious weeds on land they are responsible for and report weed occurrences to the nearest known weed inspector without delay.

3. Duty of persons responsible to clear It shall be the duty of every person responsible under this Act to clear or cause to be cleared any noxious weeds growing or occurring on the land in respect of which he is responsible. It shall further be the duty of any person to report forthwith to the nearest known weed inspector the occurrences of any noxious weeds on any land in respect of which such person is responsible. Any person contravening this section shall be liable to a fine of £10 or in default of payment to imprisonment for one month.

Section 3Verify source

§ 4Power to enter upon landProvision

A weed inspector may enter any land at all reasonable times to check whether noxious weeds are growing there.

4. Power to enter upon land A weed 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.

Section 4Verify source

§ 5Notice to be served on persons responsible for infected landProvision

A weed inspector may serve written notice requiring the responsible person to clear land with noxious weeds within a reasonable time.

5. Notice to be served on persons responsible for infected land If a weed inspector finds any noxious weed growing or occurring upon land, he may by notice in writing to the person responsible require him to clear such land 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 portion or portions of the land on which the said noxious weed occurs.

Section 5Verify source

§ 6Manner in which notices may be servedProvision

Notices under this Act must be in writing and signed, and they are treated as duly served if delivered personally, left at the person’s usual or last known abode, or sent by prepaid registered letter to the person’s last known abode or business.

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— (a) 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 (c) if posted in a prepaid registered letter addressed to the person responsible at his last known place of abode or business.

Section 6Verify source

§ 7Penalty for failure to comply with noticeOffence

A responsible person who does not comply with the notice can be fined £25, or imprisoned for three months if the fine is not paid.

7. Penalty for failure to comply with notice Any person responsible who fails to comply with any such notice shall be liable to a fine of £25, or in default of payment to imprisonment for three months.

Section 7Verify source

§ 8Inspector may clear at expense of person responsibleOffence

A weed inspector may clear noxious weeds on land, but only with written authority from the Permanent Secretary, and the cost can be recovered from the person responsible.

8. Inspector may clear at expense of person responsible If the person responsible fails to clear the land as aforesaid, or if such notice cannot be served in the manner prescribed by section 6 , a weed inspector may, upon receiving written authority from the Permanent Secretary, enter upon the land with or without assistance and eradicate any noxious weed found thereon; but nothing herein contained shall relieve the person responsible from any penalty he may have incurred under this Act, and the Permanent Secretary may recover the cost, charges and expenses of clearing the land aforesaid by action in any competent court.

Section 8Verify source

§ 9Penalty for obstruction of weed inspector in exercise of his dutyOffence

A person must not obstruct or hinder a weed inspector while the inspector is carrying out duties under the Act.

9. Penalty for obstruction of weed inspector in exercise of his duty Any person who obstructs or hinders a weed inspector in the exercise of his duty under this Act shall be guilty of an offence and shall be liable to the penalty prescribed in section 7 .

Section 9Verify source

§ 10Noxious weed not to be disposed of in certain waysOffence

No person may throw noxious weed or its seed into rivers, streams, roads, or land.

10. Noxious weed not to be disposed of in certain ways No person shall throw any noxious weed or the seed of such noxious weed into any river or stream, or on to any road or land. Any person disobeying this section shall be liable to the penalty prescribed in section 7 .

Section 10Verify source

§ 11Power to take samples of seed and treatment of plant, seed or grain offered for saleProvision

Weed inspectors may enter premises where plant, seed, or grain is being sold and take samples. If the inspector thinks items may spread noxious weeds, they can require treatment, and the Permanent Secretary may order destruction if treatment does not happen or is ineffective.

11. Power to take samples of seed and treatment of plant, seed or grain offered for sale Any weed 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 weed inspector find any plant, seed or grain which is likely to propagate or spread the growth of noxious weeds, such plant, seed or grain shall, when deemed necessary by the inspector, be treated by or at the expense of the consignee or vendor, or in the manner prescribed by or to the satisfaction of the inspector, and if not so treated, or if such treatment be deemed ineffectual, the Permanent Secretary may cause such plant, seed or grain to be destroyed.

Section 11Verify source

§ 12Penalty for offering for sale infected seed, etcOffence

A person who knowingly sells, offers, or exposes for sale plant, seed, or grain likely to spread noxious weeds is liable to the penalty in section 7.

12. Penalty for offering for sale infected seed, etc. Any person who knowingly sells or offers or exposes for sale any plant, seed or grain which is likely to propagate or spread the growth of noxious weeds shall be liable to the penalty prescribed in section 7 .

Section 12Verify source

§ 13Local authorities authorized to make By-laws ad hocProvision

Municipal and town councils may make by-laws or regulations requiring occupiers to keep land in the municipality or township free of noxious weeds.

13. Local authorities authorized to make By-laws ad hoc Every Municipal Council and Town Council shall have power to make By-laws or Regulations compelling occupiers of land within the Municipality or Township to keep their land free from noxious weeds. Contravention of such By-laws or Regulations shall be punishable in the same way as in the case of Municipality or Township By-laws or Regulations.

Section 13Verify source

§ 14Responsible person in any district may petition Government to have plant declared noxious weedProvision

A responsible person in a district may ask the Minister to declare a plant a noxious weed for that district.

14. Responsible person in any district may petition Government to have plant declared noxious weed Any responsible person or persons in any District or portion of a District of Malawi may petition the Minister to declare any plant to be a noxious weed for the purpose 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 Gazette setting forth the nature of the petition and calling upon any responsible persons in the said District or portion of a District to lodge, in writing, within a reasonable time to be fixed by such notice, objections (if any) to the said petition being acceded to. Thereupon, on the expiration of the period fixed for receiving objections, the Minister shall take the same into consideration and may grant or refuse the petition.

Section 14Verify source

§ 15Minister may declare plant to be noxious weed or remove any plant from list of noxious weedsProvision

The Minister may declare any plant a noxious weed or remove a plant from that list, but must first give 30 days’ notice by publishing in the Gazette and local press.

15. Minister may declare plant to be noxious weed or remove any plant from list of noxious weeds Notwithstanding the last preceding section, the Minister may at any time, by notice published in the Gazette , declare any plant to be a noxious weed , either throughout the whole of Malawi or in one or more Districts or portions of Districts thereof, and may by like notice remove any plant from the list of plants declared noxious weeds: Provided that at least thirty days before exercising his powers under this section the Minister shall, by publication in the Gazette and in the local press, signify his intention of declaring a plant to be a noxious weed .

Section 15Verify source

§ 16RegulationsAmendment

The Minister may make and change regulations under this Act, as long as they are consistent with the Act.

16. Regulations The Minister may make, alter and amend Regulations, not inconsistent with this Act, prescribing the measures to be taken to prevent the introduction and spread of noxious weeds, the authority and duties of weed inspectors and generally for the better carrying out of the objects and purposes of this Act. The penalty for contravention of any such regulation shall be that prescribed in section 7 .

Section 16Verify source

Legislative relationships

2 referenced instruments

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2 instruments

Malawi may petition the Minister to declare any plant to be a noxious weed for the purpose of this Act
Section 14
Municipality or Township By-laws or Regulations
Section 13

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31 Dec 2014 · currentEnglish

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