Noxious Weeds Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE NOXIOUS WEEDS ACT
CHAPTER 231 OF THE LAWS OF ZAMBIA
CHAPTER 231 THE NOXIOUS WEEDS ACT
THE NOXIOUS WEEDS ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Declaration of noxious weeds
4. Duty of occupiers to report the occurrence of and to eradicate noxious weeds
5. Duty of rural councils
6. Power of inspector to enter on land
7. Power of inspector to issue notice
8. Power of inspector to eradicate noxious weeds
9. Eradication of noxious weeds at public expense
10. Local authorities may incur expenditure
11. Power to prohibit importation, etc., of noxious weeds or seeds
12. Jurisdiction of subordinate courts
13. Obstruction of inspector
14. General penalty

Power to prohibit importation, etc., of noxious weeds or seeds
12. Jurisdiction of subordinate courts
13. Obstruction of inspector
14. General penalty

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
CHAPTER 231
NOXIOUS WEEDS
59 of 1953
19 of 1959
35 of 1963
59 of 1963
69 of 1965
46 of 1969
Government Notice
277 of 1964
497 of 1964
Statutory Instrument
30 of 1964
Act No. 13 of 1994
An Act to provide for the eradication of noxious weeds; and to provide for matters
incidental thereto. [7th December, 1953]
1. This Act may be cited as the Noxious Weeds Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"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.

ty 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;

r"; in relation to land, means-
(a) a person lawfully occupying such land;
(b) in the case of unoccupied alienated land, the registered owner
thereof;

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(c) in the case of a mining area, as defined in section two of the Mines
and Minerals Act, the registered holder thereof;
(d) 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)
3. 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)
Declaration of noxious
weeds
4.

which may be specified in such notice, and may at any time
vary or revoke such notice. (As amended by No. 35 of 1963)
Declaration of noxious
weeds
4.

(1) It shall be the duty of every occupier of land within any specified area- Duty of occupiers to
report the occurrence
of and to eradicate
noxious weeds
(a) to report forthwith to an inspector or to the Chairman the presence of any
noxious weed within the boundaries of such land; and
(b) 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)

o 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)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
5. 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)
Duty of rural councils
6. 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)
Power of inspector to
enter on land
7. (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. Power of inspector to
issue 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.

und 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. (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)
8. (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. Power of inspector to
eradicate noxious
weeds

ments, applicances, chemicals or other
things as may, in his opinion, be necessary for the said purpose. Power of inspector to
eradicate noxious
weeds

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(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)
9.

any unnecessary damage. The amount of compensation, if not mutually agreed upon,
shall be determined by arbitration. (As amended by No. 35 of 1963)
9.

(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-
Eradications of
noxious weeds at
public expense
(a) 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
(b) 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)
10.

) 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)
10.

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)
Local authorities may
incur expenditure
11. (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. Power to prohibit
importation, etc., of
noxious weeds or
seeds
(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)
12. (1) Any of the following amounts shall be deemed to be civil debts recoverable
from an occupier at the suit of the Chairman:
Jurisdiction of
subordinate courts

f the following amounts shall be deemed to be civil debts recoverable
from an occupier at the suit of the Chairman:
Jurisdiction of
subordinate courts

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(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)
13.

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)
13.

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)
Obstruction of
inspector
14. 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)
General penalty
SUBSIDIARY LEGISLATION
NOXIOUS WEEDS
SECTION 3-DECLARATION OF NOXIOUS W EEDS
Notices by the Minister
CAP. 231

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Lantana camara is hereby declared to be a noxious weed in the areas specified in
the Schedule.
Government Notices
216 of 1961
78 of 1962
303 of1963
480 of 1964
Statutory Instrument
61 of 1966

noxious weed in the areas specified in
the Schedule.
Government Notices
216 of 1961
78 of 1962
303 of1963
480 of 1964
Statutory Instrument
61 of 1966

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
SCHEDULE
Lusaka City Area. Garneton Township.
Kitwe City Area. Kabulonga Township.
Ndola City Area. Kalomo Township.
Chingola Municipal Area. Kalulushi Township.
Kabwe Municipal Area. Kasama Township.
Livingstone Municipal Area. Mazabuka Township.
Luanshya Municipal Area. Mbala Township.
Mufulira Municipal Area. Monze Township.
Chambishi Township. Nchanga Mine Township.
Chililabombwe Township. Nkana Mine Township.
Chipata Township. Pemba Township.
Choma Township.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Lantana camara is hereby declared to be a noxious weed in the Intensive
Conservation Areas specified in the Schedule.
Government Notice
35 of 1963

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
SCHEDULE
Zimba. West Lusaka.
Choma. East Lusaka.
Pemba. North Lusaka.
Mazabuka. South Kabwe.
Nega Nega. North Kabwe.
Magoye. Mkushi.
Lower Kaleya. Kitwe/Mufulira.
Upper Kaleya. Chingola/Chililabombwe.
Chilanga. Ndola/Luanshya.
Mwomboshi. Kalomo.
Livingstone.

h Kabwe.
Magoye. Mkushi.
Lower Kaleya. Kitwe/Mufulira.
Upper Kaleya. Chingola/Chililabombwe.
Chilanga. Ndola/Luanshya.
Mwomboshi. Kalomo.
Livingstone.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Eichhornia crassipes (water hyacinth) is hereby declared to be a noxious weed in
Zambia.
Government Notice
304 of 1961
Salvinia auriculata is hereby declared to be a noxious weed in the areas specified in
the Schedule.
Government Notice
176 of 1963

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
SCHEDULE
INTENSIVE CONSERVATION AREAS
Zimba. West Lusaka.
North Kalomo. East Lusaka.
North Choma. North Lusaka.
South Choma. Mwomboshi.
Monze/Pemba. South Kabwe.
Magoye. North Kabwe.
Mazabuka. Mkushi.
Lower Kaleya. Ndola/Luanshya.
Upper Kaleya. Kitwe/Mufulira.
Nega Nega. Chingola/Chililabombwe.
Chilanga.
OTHER AREAS
Lusaka City Area. Kabulonga Township.
Kitwe City Area. Kalomo Township.
Ndola City Area. Kalulushi Township.
Chingola Municipal Area. Kasama Township.
Luanshya Municipal Area. Mazabuka Township.
Mufulira Municipal Area. Mbala Township.
Chililabombwe Township. Monze Township.
Chipata Township. Nchanga Mine Township.
Choma Township. Pemba Township.
Garneton Township.

a. Mbala Township.
Chililabombwe Township. Monze Township.
Chipata Township. Nchanga Mine Township.
Choma Township. Pemba Township.
Garneton Township.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Argemone mexicana (subfusiformis) is hereby declared to be a noxious weed in all
areas of Zambia.
Statutory Instrument
70 of 1968
Xanthium Pungens Wall is hereby declared to be a noxious weed in all areas of
Zambia.