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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Party A rents an allotment to Party fully aware that it

Customer Question

Party A rents an allotment to Party B fully aware that it contains an infestation of a declared weed. Party B is not aware the plant is a declared weed. The local council issues a pest destruction notice to the renter. Who is liable for the cost involved?
Submitted: 10 months ago.
Category: Australia Law
Expert:  Patrick H. replied 10 months ago.
Which state are you in?
Expert:  Patrick H. replied 10 months ago.
Which council?
Customer: replied 10 months ago.
Queensland.
Central Highlands Regional Council.
Expert:  Patrick H. replied 10 months ago.
Does the the destruction notice specify a particular Act or Regulation?
Customer: replied 10 months ago.
Queensland Pest Management Act 2001
Expert:  Patrick H. replied 10 months ago.
Is it possible for you to send me a copy of the notice (a scanned copy, or a photo taken of the notice can be attached to your posts using the paper clip icon above).I am somewhat puzzled as to why they would issue a notice under that act since it almost exclusively relates to the regulation of pest controllers and their use of pesticides or fumigation chemicals.It would seem more likely to me that they are issuing a notice pursuant to the Land Protection (Pest and Stock Route Management) Act 2002 which makes it clear that land owners and not tenants are responsible for removing declared weeds:http://www.austlii.edu.au/au/legis/qld/consol_act/lpasrma2002465/s77.htmlPatrick

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