Queensland

Weed legislation contacts

Martin Hannan-Jones
A/Principal Policy Officer, Biosecurity Legislation
Invasive Plants and Animals
Biosecurity Queensland
Dept of Agriculture, fisheries and Forestry
GPO Box 46
BRISBANE QLD 4001

Ph. (07) 3405 5538

Email:
Martin.Hannan-Jones@deedi.qld.gov.au

 

Relevant legislation

The relevant legislation is the Land Protection (Pest and Stock Route Management) Act 2002 (LPA). The LPA and the Land Protection (Pest and Stock Route Management) Regulation 2003 provide legislative measures to manage pests and address the impacts they have on the economy, the environment and society. The new Act and its regulation commenced on 1 July 2003, although the declaration of Class 3 pests did not come into effect until 1 November 2003.

This Act replaces the previous governing legislation, the Rural Land Protection Act 1985. It covers the same subjects as the Rural Lands Protection Act (weeds, pest animals and stock routes), but incorporates modern pest and stock route management priorities, responsibilities and obligations, and provides a framework for the future. The pest provisions of the Act and its regulation are administered by the Department of Employment, Economic Development and Innovation.

Landowners, including state agencies, are required to control declared pest plants consistent with guidelines and local government area pest management plans and the Queensland Weeds Strategy 2002-06.

Under the Local Law provisions of the Local Government Act 1993, a local government can declare any plants not declared under the LPA and enforce their control.

The Land Act 1994 also has provisions requiring control of weeds declared under the LPA on leasehold land.

Extracts

Section 36 of the LPA states:

A regulation may declare an animal or plant to be a declared pest -

    1. for the State or a part of the State; and
    2. of a category under the regulation.


Section 37 states:

  1. …if the chief executive is satisfied urgent action is needed to protect a part of the State from an adverse economic, environmental or social impact caused, or likely to be caused, by an animal or plant.
  2. The chief executive may, by a gazette notice…make a declaration under this section for the animal or plant.

Section 38 states:

  1. The following are the categories of declared pests -
    1. Class 1 pest;
    2. Class 2 pest;
    3. Class 3 pest;
  2. An animal or a plant may be declared to be -
    1. (a) a class 1 pest if the Governor in Council or chief executive is satisfied it -
      1. is not commonly present or established in the State; and
      2. has the potential to cause an adverse economic, environmental or social impact in the State, another State or a part of the State or another State; or
    2. a class 2 or class 3 pest if the Governor in Council or chief executive is satisfied it -
      1. is established in the State; and
      2. is causing, or has the potential to cause, an adverse economic, environmental or social impact in the State, another State or a part of the State or another State
  3. In deciding whether to declare an animal or plant to be a class 2 or class 3 pest……must have regard to the following -
    1. the significance of the animal's or plant's impact or potential impact;
    2. the area affected, or likely to be affected, by the impact;
    3. the extent to which the animal or plant has spread or is likely to spread.

Key points are that the LPA:

  • Provides a purpose for the Act (s3), how the purpose is to be achieved (s4) and separate pest management principles (s9);
  • Recognises the economic, environmental and social impacts of pests (s38);
  • Requires State pest management strategies (s10-14);
  • " Allows for pest management guidelines to set management requirements for each declared pest (s15);
  • Requires large landholding State agencies to develop plans for managing pests on these lands (s17-20);
  • " Requires all local government areas to have pest management plans (s25-35). The plans are to be developed in consultation with the community and with input from government agencies about lands they manage. The plans must be consistent with:
    • State strategies;
    • principles of pest management; and
    • guidelines for pest management.

Plans remain valid for four years and must be reviewed at least three months before the start of each financial year;

  • Simplifies the categories for declared plants (s36-38);
  • Provides for emergency declaration powers lasting up to three months (s37) and emergency quarantine powers and notices (s89-93);
  • Lists obligations for landowners (s77);
  • Allows pest control notices to be imposed on private land (s78) and where that land is the source of a pest(s) that threatens environmentally significant areas for class 3 weeds (s78);
  • Prohibits the sale without permission of declared plants or seeds of all categories anywhere in the State (s44);
  • " Provides mechanisms to help prevent weed seed spread by livestock, products, soil, machinery and other vectors (s42-46):
    • products contaminated with weed seed of Class 1 cannot be sold (s45); and
    • products contaminated with weed seed of notifiable Class 2 pests may not be sold unless a declaration to the purchaser is made concerning the weeds presence (s45).

There are 3 categories of declared plants defined under the LPA:

  • Class 1-plants not commonly present in the State and, if introduced, would cause an adverse economic, environmental or social impact. Class 1 plants established in the State are subject to eradication;
  • Class 2-plants are established in the State and have, or could have, an adverse economic, environmental or social impact. Landowners must take reasonable steps to keep land free of Class 1 and Class 2 plants; and
  • Class 3-primarily environmental weeds where the plants are established in the State and have, or could have, and adverse economic, environmental or social impact. A pest control notice can only be issued for land that is, or is adjacent to, an environmentally significant area.

Further information on each declared plant is available on the Department of Primary Industries and Fisheries website (www.dpi.qld.gov.au) under Biosecurity > Invasive Plants and Animals, including a fact sheet on declared plants of Queensland.

An additional act which affects plants is the Plant Protection Act 1989 Plant Protection Regulation 2002 which affects one genus in the current list.

Key

Category

C1

plants not commonly present in the State and, if introduced, would cause an adverse economic, environmental or social impact. Class 1 plants established in the State are subject to eradication. It is an offence to introduce, keep or sell Class 1 plants without a permit.

C2

plants are established in the State and have, or could have, an adverse economic, environmental or social impact. Landowners must take reasonable steps to keep land free of Class 2 plants. It is an offence to keep or sell Class 2 plants without a permit.

C3

primarily environmental weeds where the plants are established in the State and have, or could have, and adverse economic, environmental or social impact. A pest control notice can only be issued if the pest is exerting, or potentially exerting an adverse impact on land that is, or is adjacent to, "an environmentally significant area". Class 3 plants cannot be sold.

Notes

* except Lantana Camara

(a)

Class 2 prickly pear

         common pest pear, spiny pest pear (O. stricta; syn. O. inermis)

         tiger pear (O. aurantiaca)

         Westwood pear (O. streptacantha)

         tree pears: drooping tree pear (O. monacantha syn. O. vulgaris) velvety tree pear (O. tomentosa)

(b)

Whole genus including hybrids declared Class 1 except for Prosopis glandulosa (honey mesquite), P. pallida (algaroba) and P velutina (velvet mesquite) which are declared as Class 2 weeds.

(c)

Whole genus declared as Class 1 except Salix babylonica (weeping willow), S. x calodendron (pussy willow), S. chilensis (pencil willow - Class 3 plant), S. humboldtiana (pencil willow - Class 3 plant), S. matsudana (tortured willow - Class 3 plant) and S. x reichardtii (pussy willow).

(d)

Whole genus declared Class 1 except Salvinia molesta which is declared as a Class 2 plant.

(e)

Whole genus declared Class 1 except for native species.

(f)

Acacias non-indigenous to Australia (Acaciella spp., Mariosousa spp., Senegalia spp. (other than Senegalia albizoides) and Acacia spp. (syn. Vachellia spp.) other than Acacia nilotica and Acacia farnesiana)

(g)

cholla cactus (Cylindropuntia spp. and their hybrids, other than C. spinosior, C. fulgida and C. imbricata)

(h)

harrisia cactus (Harrisia spp. syn. Eriocereus spp. other than H. martinii, H. tortuosa and H. pomanensis syn. Cereus pomanensis) • honey locust (Gleditsia spp. including cultivars and varieties)

(i)

kudzu (Pueraria montana var. lobata, syn. P. lobata, P. triloba) other than in the Torres Strait Islands

(j)

only declares bitou bush (not boneseed)

(k)

orabanche is controlled under the Plant Protection Act http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PlantProtR02.pdf