Zambia Act or statute

Zambia legislation

Noxious Weeds Act, 1953

compensationcompliancecourt jurisdictiondebt recoverydefinitionsdistributionenforcementeradicationimportsland occupationministerial powerspenaltiesproperty accessproperty maintenancepublic expenditurepublic expenseregulatory inspectionsreportingsaleweed controlweed eradicationweed inspection

Jurisdiction: Zambia
Structure: 14 provisions
Citation: Act 59 of 1953
Dates: As at 31 Dec 1996

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Dates: As at 31 Dec 1996

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“This section says the Act may be cited as the Noxious Weeds Act.”

This section says the Act may be cited as the Noxious Weeds Act. This section defines key terms used in the Act. The Minister may, by statutory notice, declare a plant to be a noxious weed in a specified area and may later vary or revoke that notice. Occupiers of land in a specified area must promptly report any noxious weed to an inspector or the Chairman and take reasonable steps to eradicate it. If land in a rural council area contains noxious weeds, the council must report them to an inspector and make sure they are eradicated.

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Short title ........................................................................................................................................................................................................... 1

This section says the Act may be cited as the Noxious Weeds Act.

Section 1

Duty of occupiers to report the occurrence of and to eradicate noxious weeds ..................................................................... 2

Occupiers of land in a specified area must promptly report any noxious weed to an inspector or the Chairman and take reasonable steps to eradicate it.

Section 4

Power of inspector to eradicate noxious weeds ................................................................................................................................. 3

If an occupier does not clear noxious weeds in time, an inspector may enter the land after written authority from the Chairman and 14 days’ written notice.

Section 8

Power to prohibit importation, etc., of noxious weeds or seeds ................................................................................................ 3

The Minister may make regulations to prohibit or restrict certain dealings in noxious weeds or mixed seed, and people who break those regulations commit an offence.

Section 11

General penalty ............................................................................................................................................................................................. 4

If a person commits an offence under the Act and no other penalty applies, they are liable on conviction to a fine of up to 1,500 penalty units.

Section 14

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Showing 14 of 14 provisions

Amendment 12Short titleProvision

§ 1Short title ........................................................................................................................................................................................................... 1Short title

This section says the Act may be cited as the Noxious Weeds Act.

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

Section 1Verify source

§ 2Interpretation .................................................................................................................................................................................................... 1Amendment

This section defines key terms used in the Act.

2. Interpretation In this Act, unless the context otherwise requires— "Chairman" means the Chairman of the Natural Resources Board established by the Natural Resources Act; [Cap. 197] "eradicate", in relation to any noxious weed, means dig up and burn or pull up and burn, or employ such other method of destruction as may be authorised either generally or specially by the Chairman; "inspector" means any person authorised in writing by the Chairman to perform the duties and exercise the powers of an inspector under the provisions of this Act; "local authority" means a local authority established under the local government act "noxious weed" means any plant declared to be a noxious weed under the provisions of section three; [Cap. 281] "occupier"; in relation to land, means— (a) a person lawfully occupying such land; (b) in the case of unoccupied alienated land, the registered owner thereof; (c) (d) in the case of a mining area, as deﬁned in section two of the Mines and Minerals Act, the registered holder thereof; in the case of State Land over which grazing or other rights have been granted, the holder of such rights; (e) in the case of land under the control of or vested in a local authority, the local authority concerned; "speciﬁed area" means an area in respect of which any plant has been declared to be a noxious weed under the provisions of section three. [As amended by No. 35 of 1963, No. 69 of 1965 and No. 46 of 1969] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Noxious Weeds Act, 1953 (Chapter 231) Zambia

Section 2Verify source

§ 3Declaration of noxious weeds .................................................................................................................................................................... 2Amendment

The Minister may, by statutory notice, declare a plant to be a noxious weed in a specified area and may later vary or revoke that notice.

3. Declaration of noxious weeds The Minister may, from time to time by statutory notice, declare any plant to be a noxious weed in any area which may be speciﬁed in such notice, and may at any time vary or revoke such notice. [As amended by No. 35 of 1963]

Section 3Verify source

§ 4Duty of occupiers to report the occurrence of and to eradicate noxious weeds ..................................................................... 2Amendment

Occupiers of land in a specified area must promptly report any noxious weed to an inspector or the Chairman and take reasonable steps to eradicate it.

4. Duty of occupiers to report the occurrence of and to eradicate noxious weeds (1) It shall be the duty of every occupier of land within any speciﬁed area— (a) (b) to report forthwith to an inspector or to the Chairman the presence of any noxious weed within the boundaries of such land; and to take reasonable steps to eradicate such noxious weed occurring within the boundaries of such land. (2) Any person who fails to comply with the provisions of this section shall be guilty of an offence: Provided that it shall be a defence for the occupier to prove that he did not know, and did not have reasonable cause to know, of the presence of such noxious weed within the boundaries of the land occupied by him. [As amended by No. 35 of 1963 and S.I. No. 30 of 1964]

Section 4Verify source

§ 5Duty of rural councils .................................................................................................................................................................................... 2Provision

If land in a rural council area contains noxious weeds, the council must report them to an inspector and make sure they are eradicated.

5. Duty of rural councils Where all or any part of a speciﬁed area is situate in the area of a rural council, the rural council shall— (a) report the presence of any noxious weed within such area or part thereof to an inspector; and (b) cause such noxious weed to be eradicated. [No. 69 of 1965]

Section 5Verify source

§ 6Power of inspector to enter on land ....................................................................................................................................................... 2Amendment

An inspector may enter land in a specified area at reasonable times to check whether noxious weeds are present.

6. Power of inspector to enter on land An inspector may, at all reasonable times, enter upon any land within any speciﬁed area for the purposes of ascertaining whether any noxious weed exists within the boundaries of such land. [As amended by No. 35 of 1963]

Section 6Verify source

§ 7Power of inspector to issue notice ........................................................................................................................................................... 2Amendment

An inspector may require a land occupier to remove a noxious weed within the time stated in a written notice.

7. Power of inspector to issue notice (1) An inspector may, by notice in writing, require the occupier of any land within the boundaries of which a noxious weed is growing to eradicate such noxious weed within such reasonable time as may be speciﬁed in such notice. (2) A notice given under the provisions of subsection (1) shall state the particular noxious weed which has been found within the boundaries of the land and, so far as practicable, the place or places within such boundaries at which the noxious weed has been found. (3) Any notice given to an occupier under the provisions of subsection (1) shall be in writing and shall be served— (a) personally upon the occupier; or (b) by leaving it addressed to the occupier at his usual or last known place of abode; or (c) by registered letter addressed to the occupier at his usual or last known place of abode. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Noxious Weeds Act, 1953 (Chapter 231) Zambia (4) Any person who fails without reasonable cause to comply with the requirements of any notice given under the provisions of this section shall be guilty of an offence. [As amended by No. 35 of 1963]

Section 7Verify source

§ 8Power of inspector to eradicate noxious weeds ................................................................................................................................. 3Amendment

If an occupier does not clear noxious weeds in time, an inspector may enter the land after written authority from the Chairman and 14 days’ written notice.

8. Power of inspector to eradicate noxious weeds (1) If an occupier fails to eradicate any noxious weeds within the time speciﬁed in a notice given under section seven, an inspector may, upon receiving a written authority from the Chairman in that behalf and after giving fourteen days' written notice to the occupier, enter upon the land for the purpose of eradicating any noxious weed found within the boundaries thereof, and for the purpose aforesaid may take with him upon the land such labourers, animals, vehicles, instruments, applicances, chemicals or other things as may, in his opinion, be necessary for the said purpose. (2) In the exercise of the rights conferred by subsection (1), as little damage as possible shall be caused to the land and compensation shall be paid by the Minister for any unnecessary damage. The amount of compensation, if not mutually agreed upon, shall be determined by arbitration. [As amended by No. 35 of 1963]

Section 8Verify source

§ 9Eradications of noxious weeds at public expense ............................................................................................................................. 3Amendment

If the Minister is satisfied that an occupier within a specified area cannot eradicate a noxious weed, the Minister may arrange eradication at public expense or provide assistance.

9. Eradications of noxious weeds at public expense (1) If the Minister is satisﬁed that the occupier of any land within a speciﬁed area is unable to eradicate any noxious weed occurring within the boundaries of such land, the Minister may, out of funds provided for the purpose by Parliament— (a) (b) cause such noxious weed to be eradicated by an inspector at the public expense and recover from the occupier the whole or such portion of the expense incurred in respect of such eradication as the Minister may determine; or render, upon such conditions, as to payment, repayment or otherwise, as the Minister may determine, such ﬁnancial or other assistance in connection with the eradication of noxious weeds by the occupier as is, in the opinion of the Minister, required by such occupier. (2) An inspector referred to in paragraph (a) of subsection (1) shall have the same powers as an inspector referred to in subsection (1) of section eight. [As amended by No. 35 of 1963 and G.N. No. 277 of 64]

Section 9Verify source

§ 10Local authorities may incur expenditure ............................................................................................................................................. 3Amendment

A local authority may spend money needed to eradicate a noxious weed it is required to remove under the Act.

10. Local authorities may incur expenditure Notwithstanding the provisions of any other written law, a local authority is hereby empowered to incur such expenditure as may be necessary for the purpose of eradicating any noxious weed which such local authority, as the occupier of the land within the boundaries of which it is growing, is required by or under this Act to eradicate. [As amended by No. 35 of 1963]

Section 10Verify source

§ 11Power to prohibit importation, etc., of noxious weeds or seeds ................................................................................................ 3Amendment

The Minister may make regulations to prohibit or restrict certain dealings in noxious weeds or mixed seed, and people who break those regulations commit an offence.

11. Power to prohibit importation, etc., of noxious weeds or seeds (1) The Minister may, by regulation, prohibit or restrict the importation, distribution, conveyance or sale of any noxious weed or any part thereof or of any seed with which the seed of any particular noxious weeds has become mixed, and such regulations may prescribe the powers and duties of ofﬁcers in relation to the enforcement of such regulations. (2) Any person who contravenes or fails to comply with the provisions of any regulation made under subsection (1) shall be guilty of an offence. [As amended by No. 35 of 1963 and G.N. No. 277 of 1964] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Noxious Weeds Act, 1953 (Chapter 231) Zambia

Section 11Verify source

§ 12Jurisdiction of subordinate courts .......................................................................................................................................................... 4Amendment

Certain amounts are treated as civil debts recoverable from an occupier, and first- or second-class subordinate courts can hear actions to recover them.

12. Jurisdiction of subordinate courts (1) Any of the following amounts shall be deemed to be civil debts recoverable from an occupier at the suit of the Chairman: (a) all reasonable expenses incurred in the exercise of the powers conferred by section eight; (b) all reasonable expenses recoverable from the occupier by virture of paragraph (a of subsection (1) of section nine; (c) any reasonable amount to be paid or repaid by the occupier in consideration of any assistance rendered under paragraph (b of subsection (1) of section nine. (2) A subordinate court of the ﬁrst or second class shall have jurisdiction to determine any action for the recovery from an occupier within the areas of its jurisdiction of any of the amounts referred to in subsection (1), notwithstanding anything to the contrary contained in the Subordinate Courts Act and whether or not such amounts exceed the amount ordinarily within the jurisdiction of such court. [Cap. 28] (3) The recovery of any amount under the provisions of this section shall not relieve an occupier of any penalty incurred by reason of any contravention of or failure to comply with any of the provisions of this Act. [As amended by No. 35 of 1963]

Section 12Verify source

§ 13Obstruction of inspector ............................................................................................................................................................................ 4Amendment

A person must not wilfully obstruct or interfere with an inspector, or the inspector’s assistant or agent, while they are carrying out duties or powers under the Act.

13. Obstruction of inspector Any person who wilfully obstructs or interferes with any inspector, or with the assistant or agent of any inspector, in the execution of any duty or exercise of any power imposed or conferred by the provisions of this Act shall be guilty of an offence and shall be liable on conviction to a ﬁne not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both. [As amended by Act No. 13 of 1994]

Section 13Verify source

§ 14General penalty ............................................................................................................................................................................................. 4Amendment

If a person commits an offence under the Act and no other penalty applies, they are liable on conviction to a fine of up to 1,500 penalty units.

14. General penalty Any person who is guilty of an offence against the provisions of this Act, for which no other penalty is provided, shall on conviction be liable to a ﬁne not exceeding one thousand ﬁve hundred penalty units. [As amended by Act No. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4

Section 14Verify source

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Natural Resources Board established by the Natural Resources Act
Section 2

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31 Dec 1996 · currentEnglish

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