Weed legislation contacts
A/Principal Policy Officer, Biosecurity Legislation
Invasive Plants and Animals
Dept of Agriculture, Fisheries and Forestry
GPO Box 46
BRISBANE QLD 4001
Ph. (07) 3087 8069
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
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.
Section 36 of the LPA states:
regulation may declare an animal or plant to be a declared pest -
- for the State or a part of the State; and
a category under the regulation.
Section 37 states:
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.
- The chief executive may, by a gazette notice
make a declaration under this section
for the animal or plant.
Section 38 states:
- The following are the categories of declared pests -
- Class 1 pest;
- Class 2 pest;
- Class 3 pest;
- An animal or a plant may be declared to be -
- (a) a class 1 pest if the Governor in Council or
chief executive is satisfied it -
- is not commonly present or established in the
- 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
- a class 2 or class 3 pest if the Governor in Council
or chief executive is satisfied it -
- is established in the State; and
- 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
- In deciding whether to declare an animal or plant to
be a class 2 or class 3 pest
must have regard to the
- the significance of the animal's or plant's impact
or potential impact;
- the area affected, or likely to be affected, by 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
- State strategies;
- principles of pest management; and
for pest management.
Plans remain valid for four years
and must be reviewed at least three months before the start of each financial
- Simplifies the categories for declared plants
- Provides for emergency declaration powers lasting up
to three months (s37) and emergency quarantine powers and notices
- 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
- products contaminated with weed seed of Class 1
cannot be sold (s45); and
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
- 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
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.
act which affects plants is the Plant Protection Act 1989 Plant Protection
Regulation 2002 which affects one genus in the current list.
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.
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.
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.
* except Lantana Camara
Class 2 prickly pear
pear, spiny pest pear (O. stricta; syn. O.
(O. aurantiaca) Westwood
pear (O. streptacantha)
drooping tree pear (O. monacantha syn. O.
vulgaris) velvety tree pear (O. tomentosa)
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.
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).
Whole genus declared Class 1
except Salvinia molesta which is declared
as a Class 2 plant.
Whole genus declared Class 1
except for native species.
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)
cholla cactus (Cylindropuntia spp. and their hybrids,
other than C. spinosior, C. fulgida and C. imbricata)
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
montana var. lobata,
syn. P. lobata, P. triloba)
other than in the Torres Strait Islands
only declares bitou bush (not
orabanche is controlled under the Plant Protection Act http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PlantProtR02.pdf