NOXIOUS WEEDS

CHAPTER 64:02
NOXIOUS WEEDS

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Duty of persons responsible to clear

    4.    Power to enter upon land

    5.    Notice to be served on persons responsible for infected land

    6.    Manner in which notices may be served

    7.    Penalty for failure to comply with notice

    8.    Inspector may clear at expense of person responsible

    9.    Penalty for obstruction of weed inspector in exercise of his duty

    10.    Noxious weed not to be disposed of in certain ways

    11.    Power to take samples of seed and treatment of plant, seed or grain offered for sale

    12.    Penalty for offering for sale infected seed, etc.

    13.    Local Authorities authorized to make By-laws ad hoc

    14.    Responsible person in any district may petition Government to have plant declared noxious weed

    15.    Minister may declare plant to be noxious weed or remove any plant from list of noxious weeds

    16.    Regulations

17 of 1936
8 of 1951
1 of 1963
G.N. 22/1963
50/1963
1/1965
137/1966

    An Act to make Provision for the Eradication of Noxious Weeds

1.    Short title

    This Act may be cited as the Noxious Weeds Act.

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.

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.

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.

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.

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…