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Weed legislation contact
Dr Nigel Ainsworth
Principal Policy Officer
Invasive Plants Biosecurity Victoria
Department of Primary Industries
GPO Box 4440 Victoria 3000
Ph. (03) 9658 4989
E-mail: nigel.ainsworth@dpi.vic.gov.au.
Relevant legislation
The principal legislation is the Catchment and Land Protection Act 1994 (CLPA Act). The Act is administered by the Department of Sustainability and Environment (DSE) who employ Pest Management Officers through the Department of Primary Industries (DPI) to enforce provisions of the Act. Noxious weeds are a component of the CLPA Act, which establishes a framework for the integrated management and protection of catchments through community participation in the management of land and water resources.
There is also provision under the Local Government Act 1989 for councils to enact local by-laws targeting specific weeds.
Extracts
Section 58 of the CLPA Act states:
(1) On the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may declare-
(a) a plant to be a state prohibited weed, regionally prohibited weed, regionally controlled weed or restricted weed.
(4) The Minister may only recommend a plant for declaration under this Part if satisfied that it is, or has or may have the potential to become, a serious threat to primary production, Crown land, the environment or community health in Victoria.
Section 71 of the CLPA Act states:
(1) A person must not-
(a) remove machinery, implements or other equipment for land onto a road without first taking reasonable precautions to ensure that the equipment is free from-
(i) the seeds of a noxious weed; or
(ii) any other part of a noxious weed which is capable of growing; or
(b) without a permit from the Secretary, buy or sell anywhere in Victoria-
(i) the seeds of a noxious weed; or
(ii) any other part of a noxious weed which is capable of growing-
whether or not packed or mixed with the seeds or parts of any other plants;
(f) without a permit from the Secretary, wilfully bring or cause to be brought into Victoria or transport within Victoria the seeds or any other part of a noxious weed whether or not for sale.
Key points are that the Act:
- regulates entry and movement of noxious weeds;
- prevents the sale of noxious weeds of all categories anywhere in the state;
- covers weed seeds occurring as contaminants in seed lots or other plant products.
There are four categories of noxious weeds defined under the CLPA Act:
- State Prohibited Weeds. These weeds either do not occur in Victoria, but pose a significant threat if they invade, or are present, pose a serious threat and can reasonably be expected to be eradicated. The Victorian Government is responsible for control of these weeds;
- Restricted Weeds. This category includes plants that pose an unacceptable risk of spreading in this State or to other parts of Australia if they were to be sold or traded in Victoria, and are a serious threat to another State or Territory of Australia. Trade in these weeds and their propagules, either as plants, seeds or contaminants in other materials is prohibited;
- Regionally Prohibited Weeds. In general, weeds that are not widely distributed in a region, but are capable of spreading further and must be managed to eradicate them from a region. Landowners and managers and public land authorities are responsible for control of these weeds on their lands. Private landholders are responsible for control on private land, but not on roadsides adjoining their property and
- Regionally Controlled Weeds. Weeds that are usually widespread and are considered important in a region. To prevent their spread, continuing control measures are required. Landowners and managers are required to take all reasonable steps to control and prevent the spread of these weeds on their land and adjoining roadsides.
In addition, Victoria has also declared certain plants as Noxious Aquatic Species under the Fisheries Act 1995. It is an offence to bring into Victoria or possess, sell, transport or release noxious aquatic species
There are nine Regional Catchment Management Authorities in rural Victoria and one Catchment and Land Protection Board encompassing the more populated areas surrounding Melbourne (Port Phillip). The Regional Catchment Management Authorities and the Port Phillip Catchment and Land Protection Board are responsible for the management and protection of land and water resources within each catchment. With the Victorian Catchment Management Council, they advise the Minister on which weeds to proclaim and within which category.
The strategic approach in the management of the risks imposed by weeds in Victoria is outlined in Victorian Pest Management - A Framework for Action and applied in Regional Weed Action Plans.
Further information can be found on the DPI website (www.dpi.vic.gov.au) under Agriculture & Food > Crops, Pastures and Weeds > Weeds. Under this section is a pest plant note on declared noxious weeds that can be downloaded..
Key
| Category |
| S |
State Prohibited Weeds. Do not occur in Victoria or it is reasonable to expect that they can be eradicated from the state. |
| P |
Regionally Prohibited Weeds. Are not widely distributed throughout the region, are capable of spreading further and it is reasonable to expect that they can be eradicated from the region. |
| C |
Regionally Controlled Weeds. Occur in the region, are capable of spreading further and continuing control measures are required to prevent their spread. |
| F |
Statewide Noxious Aquatic Species. Plants that pose a serious threat to a fishery, the aquatic environment or human health. Declared under the Fisheries Act 1995, it is an offence to bring these plants into Victoria or possess, sell transport or release them. |
| R |
Restricted Weeds. This category includes plants that pose an unacceptable risk of spreading in this State or to other parts of Australia if they were to be sold or traded in Victoria, and are a serious threat to another State or Territory of Australia. Trade in these weeds and their propagules, either as plants, seeds or contaminants in other materials is prohibited. |
| Regional Declaration |
| Numbers |
Numbers following categories refer to the number of regions in which the weed is declared (total of eleven regions as under the noxious weeds listing, the Port Phillip region is split into an east and west region giving a total of eleven.). |
| Notes |
| (a) |
Regionally Controlled Weed in the Shire of Hindmarsh, Regionally Prohibited Weed elsewhere in the Wimmera CMA region. |
| (b) |
Regionally Controlled Weed in the Shire of Northern Grampians only in the Wimmera CMA region. |
| (c) |
Regionally Controlled Weed in the Shire of West Wimmera, Regionally Prohibited Weed elsewhere in the Wimmera CMA region. |
| (d) |
Branched broomrape is also a declared exotic disease under the Plant Health and Plant Products Act 1995. |
| (e) |
All Salix spp. except for the permitted species, S. alba var. caerulea, S. alba var. matsudana, S. babylonica (weeping willow), S. x calodendron (pussy willow), S. caprea 'Pendula', S. matsudana 'Aurea', 'Tortuosa', S.myrsinifolia and S. x reichardtii (pussy willow). |
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