Tasmania

Weed legislation contact

Mr Michael Askey-Doran
Section Leader – Weeds Section
Dept of Primary Industries and Water
GPO Box 44
HOBART TAS 7001

Phone: (03) 6233 6168

Email: Michael.Askey-Doran@dpipwe.tas.gov.au

 

Relevant legislation

The relevant legislation is the Weed Management Act 1999 (WMA) which was enacted on 1 September 2000. The Act is administered by the Department of Primary Industries, Parks, Water and Environment.

Extracts

Section 9 of the Act states:

  1. On receipt of the Secretary's recommendation, the Minister, by order, may declare a plant to be a declared weed if satisfied that-
    1. the plant may have an adverse impact on-
      1. the productive capacity of Tasmania, another State or a Territory; or
      2. any natural or physical resources of Tasmania, another State or a Territory; or
      3. the genetic diversity of an indigenous plant of Tasmania, another State or a Territory; or
      4. the genetic integrity of an indigenous plant of Tasmania, another State or a Territory; or
      5. the maintenance of indigenous ecological processes of Tasmania, another State or a Territory; and
    2. nature conservation and matters relating to social and economic matters have been taken into account.
  2. An order may be made in respect of-
    1. the whole or any specified part of the State; or
    2. any specified circumstances.
  3. An order in respect of a plant remains in force until whichever of the following occurs first:
    1. a weed management plan relating to the plant ceases to be in force;
    2. the end of a period of 12 months after the order is made and no draft weed management plan exists in relation to the plant.


Section 15 of the Act states:

  1. The Minister is to direct the Secretary to prepare a draft weed management plan in respect of any declared weed within 12 months after an order is made under section 9 relating to that weed.
  2. A draft weed management plan is to provide for any one or more of the following matters:
    1. the distribution and extent of the declared weed;
    2. the area covered by the weed management plan;
    3. the storage in a specified area of anything contaminated with a declared weed;
    4. measures to-
      1. reduce the number of plants or eradicate a species of plant in an area; or
      2. restrict a species of plant to a particular area;
    5. procedures for the notification of the occurrence of specified weeds;
    6. measures to prevent entry into Tasmania of the declared weed;
    7. any other measures the Minister considers appropriate to control any declared weed.


Section 56 of the Act states:-

Sale, purchase, propagation, use, &c., of declared weed prohibited

  1. A person must not –
    1. Sell a declared weed or any material or thing containing or carrying a declared weed; or
    2. Purchase or offer to purchase a declared weed or any material or thing containing or carrying a declared weed; or
    3. Grow, propagate or scatter a declared weed; or
    4. Store a declared weed or any material or thing containing or carrying a declared weed; or
    5. Hire or offer for hire any material or thing containing or carrying a declared weed; or
    6. Use a declared weed or any material or thing containing or carrying a declared weed; or
    7. Deal with a declared weed or any material or thing containing or carrying a declared weed in any manner that is likely to result in the spread of the declared weed.


Penalty:

Fine not exceeding 50 penalty units.

  1. Subsection (1) does not apply in respect of feed grain for animals that is –
    1. Carrying a declared weed; and
    2. Imported into Tasmania in accordance with any measures prescribed for the purpose of Section 57(2).


Section 57 of the Act States:-

Importation of declared weed

  1. A person must not import or allow to be imported into Tasmania any declared weed.

    Penalty:

    Fine not exceeding 50 penalty units.
  2. A person must not import or allow to be imported into Tasmania, otherwise that in accordance with any prescribed measures, any feed grain for animals that may be carrying a declared weed.

    Penalty:

    Fine not exceeding 50 penalty units.
  3. A person must not import or allow to be imported into Tasmania, otherwise than in accordance with any prescribed measures, any livestock that may be carrying a declared weed.

    Penalty:

    Fine not exceeding 50 penalty units.


Under the WMA, the State Government may:

  • Prohibit the introduction of declared weeds into Tasmania;
  • Undertake the eradication of declared weeds;
  • Take action aimed at preventing the spread of declared weeds within Tasmania; and
  • Require that action be taken against declared weeds where this is necessary to alleviate or prevent a particular problem.


The WMA provides the legislative backing to the State's strategic approach to weed management, 'WeedPlan', and furthers the community consultative approach through the requirement for a Ministerial Statement of Intent to declare a plant that is then available for public comment for a period of 30 days. In addition, following declaration of a weed, a weed management plan for the weed must be prepared within twelve months. The development of the weed management plan also requires a period of public consultation.

A weed management plan must include the name of the target weed, area of the State covered by the plan, distribution and extent of the weed, the reasons for declaring the weed and include restrictions and measures required to control, eradicate or restrict the spread of a weed. Restrictions on import, distribution and sale are also included. Weed Management Plans are the product of extensive consultation and are initiated by Government or other organisations including community groups. There is also a statutory requirement that the plans are reviewed at least every 5 years.

There are 115 weeds declared all under the one category known as "declared weeds" for Tasmania. Requirements for each declared weed are specified in the weed management plan. There are currently 110 approved weed management plans and four draft weed management plans.

Further information, including the declared weeds list and weed management plans, can be obtained from the The Department of Primary Industries and Water website (http://www.dpipwe.tas.gov.au) under 'Weeds, Pests and Diseases' > 'Weeds'.

 

Key

Category

D

Declared plants. Details on actual restrictions or measures for each declared weed is contained in the weed management plan for that weed.

Notes

(a)

Chrysanthemoides monilifera including subspecies

(b)

Not including Orobanche minor and Orobanche australiana (Orobanche cernua var australiana - Australian broomrape)

(c)

Not including Salix babylonica (weeping willow), S. x calodendron (pussy willow), S. x reichardtii (pussy willow)

(d)

All non-indigenous species of Striga