Noxious Weeds Act, 1936

Notice to destroy noxious weeds.

5.—(1) Any member of the Gárda Síochána and any inspector who finds any noxious weeds growing on any land may serve on any person who is in respect of such land a responsible person a notice requiring such person to destroy such noxious weeds (which shall be specified in such notice) in such manner and within such time as may be specified in such notice.

(2) If, after the expiration of the time specified in a notice served under this section in respect of any land, any noxious weeds specified therein have not been destroyed in accordance with such notice, the following provisions shall apply, that is to say:—

(a) every person on whom such notice was served under this section shall be guilty of an offence under this section and on summary conviction thereof shall, in addition to any other penalty to which he may be liable under this Act in respect of such noxious weeds, and in addition to any other payment to which he may be liable under this section, be liable to a fine not exceeding twenty pounds,

(b) any person authorised by the Minister may enter upon such land with or without workmen, horses, or machines and may destroy the noxious weeds to which such notice relates,

(c) the Minister may recover from any person on whom a notice has been served under this section in respect of such land as a simple contract debt in any court of competent jurisdiction the amount of the costs and expenses incurred in the destruction of such noxious weeds.

(3) All costs and expenses recovered by the Minister under the immediately preceding sub-section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.