South Australia

Weed legislation contact

Mr David Cooke
Senior Biosecurity Adviser, Pest Plants
NRM Biosecurity Unit - Biosecurity SA
GPO Box 167
ADELAIDE SA 5001

Phone: (08) 8303 9510

Email: david.cooke@sa.gov.au


Relevant legislation

As of 1 July 2005, the relevant legislation is the Natural Resources Management Act, 2004. The NRM Act repealed the previous relevant legislation, the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986.

The NRM Act is administered by the Department of Water, Land and Biodiversity Conservation, and implemented throughout the State by Natural Resource Management authorities; these may be the eight regional Natural Resource Management Boards or Natural Resource Management groups set up at the local level. The Animal and Plant Control Boards set up under the former Animal and Plant Control (Agricultural Protection and Other Purposes) Act, 1986, remain in operation as local Natural Resource Management groups during the transition period. Natural Resource Management authorities employ local Authorised Officers to inspect properties.


Extracts

Section 174 of the Act states:

    (1) The Minister may, by notice in the Gazette-
      (a) declare that a specified provision of this Chapter applies to
        (i) a specified class of animals, or
        (ii) a specified class of plants, and

      (b) in addition, with respect to a class of animals or plants specified under paragraph (a), do either or both of the following:
        (i) declare that a specified area (which may be the whole or a part of the State) is a control area for that class of animals or plants for the purposes of that provision;
        (ii) declare that a prohibition contained in that provision operates as an absolute prohibition in relation to that class of animals or plants and control area (if any).

Section 175 of the Act states:
    (1) Subject to this Act, a person must not bring an animal or plant of a class to which this subsection applies, or cause or permit an animal or plant of a class to which this subsection applies to be brought, into a control area for that class of animals or plants.
    (2) Subject to this Act, a person must not transport or move, or cause or permit to be transported or moved, on a public road within a control area for a class of plants to which this subsection applies-
      (a) a plant of that class; or
      (b) any animal, plant, soil, vehicle, farming implement or other produce, goods, material or thing carrying a plant of that class.

Section 177 states:
    (1) Subject to this Act, a person must not sell an animal or plant of a class to which this subsection applies.
    (2) Subject to this Act, a person must not sell any animal, plant, soil, vehicle, farming implement or other produce, goods, material or thing carrying a plant of a class to which this subsection applies.

Key points are that the Act:

  • Provides for enforced control or destruction of declared plants in part or all of the State;
  • Regulates entry and movement of declared plants within the State; and
  • Prevents the sale of produce contaminated with seeds of a declared plant anywhere in the State


Plants may be declared under one or more sections of the Act, each section regarding a specific provision for control of plants:

  • Section 175 restricting the movement of plants or produce or goods carrying such plants;
  • Section 177 restricting the sale of plants or produce or goods carrying such plants;
  • Section 180 requiring the notification of the presence of plants; and
  • Section 182 requiring the owner of land to destroy or control plants.

Control of a weed infestation can be enforced under section 183 by an Authorised Officer who requires the land owner to prepare and implement an action plan.

Independently of these sections, declared plants are also grouped into three categories which set the the level of the maximum penalty that may be imposed for breaches of the Act.

While declared plants are grouped into 11 classes plus subclasses in the Minister's declaration according to the various provisions of the Act applying to each one, these are generalised groupings. Several different provisions of the Act can apply to the same class of declared plants. A generalisation of the classes is as follows:

  • Class 1 - generally requiring notification and destruction of the plant throughout the whole State (although, sometimes only control in part of the State);
  • Class 2 and 4 - generally requiring notification in at least part of the State and control of the plant throughout the whole State;
  • Class 3, 5 and 7 - generally requiring control of the plant in part of the State;
  • Class 6, 8 and 9 - special provisions apply;
  • Class 10 and 11 - restricting sale only.

For completeness, the numbered class to which each declared plant is allocated is indicated in the database. However, it should be noted that the Department and Natural Resource Management authorities do not refer to these numbered classes in policy documents, fact sheets or other publicly available information.

Owners are responsible for the control of declared plants on their own lands. This includes government departments and agencies on the lands that they own and/or manage. The local Natural Resource Management authorities are responsible for the control of declared plants on road reserves and are empowered under section 185 of the Act to recover costs of control work from the adjoining landowners. The Department of Environment and Heritage is responsible for the control of declared plants on unalienated Crown lands, although the local Natural Resource Management authorities may undertake this work on behalf of the Department.

Further information, including the SA list of declared plants, can be found at www.pir.sa.gov.au/biosecuritysa/nrm_biosecurity/weeds/declared_plants_in_south_australia,_august_2008/

Key

The numbers refer to the class under which the plant is declared. Given the diversity within each class, additional symbols are used to give an indication of the level of notification and control that is required for each declared plant.

Classes

  • Class 1 - generally requiring notification and destruction of the plant throughout the whole State (although, sometimes only control in part of the State);
  • Class 2 and 4 - generally requiring notification in at least part of the State and control of the plant throughout the whole State;
  • Class 3, 5 and 7 - generally requiring control of the plant in part of the State;
  • Class 6, 8 and 9 - special provisions apply;
  • Class 10 and 11 - restricting sale only.

Weed Categories and Regional Declarations
# Plant must be destroyed throughout the State (trade and movement usually restricted throughout the State).
^ Plant must be destroyed in part of the State only (trade and movement usually restricted throughout the State).
@ Control required throughout the State (trade and movement usually restricted throughout the State).
* Control required in part of the State only (trade and movement usually restricted throughout the State).
+ Control not required (usually restricting trade and/or movement only).
N Notifiable throughout the State.
n Notifiable in part of the State only.
Notes
(a) Not including the variety Trichophylla
(b) Not planted carrots (special program in the south-east of SA only).
(c) Including cultivar Nypa Reclamation and any cultivars of Distichlis spicata consisting of lines that include seed bearing individuals
(d) Not including dead shoots.
(e) Not including the cultivar Consol
(f) Not including trees planted and maintained for domestic or commercial use.
(g) Not including spineless Optunia ficus-indica (Indian fig).
(h) Not including Orobanche australiana (Orobanche cernua var australiana - Australian broomrape).
(i) Not including trees planted and maintained for domestic or commercial use.
(j) Not including seasoned dry timber.
(k) Not including any detached fruit or the following cultivars when planted and maintained for domestic or commercial purposes under conditions approved by the Minister: Black Satin, Dirksen Thornless, Smoothstem, Thornfree, Loch Ness, Chester Thornless
(l) All Salix spp. except for the permitted species, S. babylonica (weeping willow), S. x calodendron (pussy willow) and S. x reichardtii (pussy willow)
(m) Enforced eradication in the South Australian Arid Lands Natural Resource Management region.
(n) Enforced control within 100 metres of a watercourse in the South Australian Arid Lands, Alinytjara Wiluruara and South Australian Murray Darling Basin Natural Resource Management.