Western Australia

Weed legislation contact

Mr Rod Randall
Invasive Species Science
Dept of Agriculture and Food Western Australia
100 Bougainvillea Avenue
FORRESTFIELD WA 6058

Ph. (08) 9366 2338
Fax. (08) 9366 2342

Email: rod.randall@agric.wa.gov.au


NOTE
Agriculture and Food WA is currently re-drafting the Agricultural and Related Resources Protection Act 1976 which comes into effect on the 1st July 2012. You are encouraged to check for these changes which are available at http://www.agric.wa.gov.au/PC_93122.html.

Relevant legislation (see NOTE above)

The principle legislation is the Agricultural and Related Resources Protection Act 1976 (ARRPA). This Act is administered by the Agriculture Protection Board (APB), which is now incorporated into the Department of Agriculture. Regional Advisory Committees advise the APB on weed and other protection issues within WA and the Board has the authority to declare plants for part or all of the State under five different categories. The State's quarantine responsibilities are handled by the Western Australian Quarantine Inspection Service (WAQIS) operating within the Department of Agriculture.

Related legislation is the Plant Diseases Act 1989 (PDA). This Act is concerned primarily with pests and diseases. However, weeds are regarded as a form of plant disease under this Act with provisions allowing for plants to be permitted or excluded for quarantine purposes. The list of these species is found at http://www.agric.wa.gov.au/PC_93105.html#imp.

The Department of Agriculture has a single list of plants which currently operates under the PDA. This online list contains over 45,000 permitted, declared and prohibited plants, with any species not on the list being prohibited unless assessed to be eligible for addition to the list.

In addition to declared plants under the ARRPA, there is also provision for a shire council to prescribe any plant, other than a declared plant, as a pest plant within its municipality.

Extracts

Section 36 of the ARRPA states:

    (1) …a class of declared plants…may, by declaration under section 35, be assigned to one or more categories for the purposes of this Act according to the measures that, in the opinion of the Protection Board, need to be taken in relation to declared plants…of that class in order to achieve the object of this Act.
    (2) A class of declared plants…may, by declaration under section 35, be assigned to different categories in respect of different parts of the State

Section 72 of the ARRPA states:
    Any person who, for any purpose or in any manner, brings any prohibited material-
      (a) into the State from elsewhere; or
      (b) into any part of the State from some other part of the State or from elsewhere, commits an offence.

Section 75 states:
    (1a) A person who, in any part of the State, sells or offers or exposes for sale any coat, fodder, machinery, sack, seed, wool pack, or restricted animal, shall first examine it or cause it to be examined for the presence of material that is prohibited material in that or any other part of the State.
Subsequent owners of items are also required to have them examined for the presence of material prohibited in that part of the State.

Section 75 states:
    (1b) …a person shall not, in any part of the State, sell or offer or expose for sale any coat, fodder, machinery, sack, seed, wool pack, or restricted animal in or on which there is any material that is prohibited material in that part of the State except pursuant to approval .....

Key points of the ARRPA are that it:
  • Regulates entry and movement of declared plants;
  • Clearly makes provisions to prevent the sale of declared plants; and
  • Covers weed seeds as a contaminant in produce.

There are five categories of declared weeds defined under the ARRPA with the following aims:
  • P1-Prohibits movement of declared plants and/or their seeds through the prevention of trade, sale or movement of plants into the State or that area of the State;
  • P2-Eradication of plants from the State or that area of the State;
  • P3-Controlling infestations by reducing area and/or density of infestation from the State or that area of the State;
  • P4-Preventing infestations spreading beyond existing boundaries of infestation; and
  • P5-Infestations must be controlled on public land or land under the control of a local government.
Further information can be found on the Department of Agriculture website (http://www.agric.wa.gov.au/weeds.htm). Under declared plants database, a search can be done for individual weeds or to see the full declared plants list. Clicking on individual weeds will show recommended control methods.

Using the search function (weed science) will take you to the weed science homepage which also provides links to a number of useful weed documents and, under 'Importing Plants', the permitted and prohibited list.

Key

Western Australia uses a Permitted and Prohibited list for plants permitted entry into the State. Only prohibited plants listed as noxious or declared weeds by another State/Territory and not declared in WA have been included in this database. Species not included in the Permitted and Prohibited list require a weed risk assessment before being allowed entry into WA.

Category  
Check WA operates a Permitted and Prohibited plant import list which should be checked at http://www.agric.wa.gov.au/PC_93105.html#imp before proceeding to importation.
Declared weed species listed in the Agriculture and Related Resources Protection Act 1976 only -
P1 PREVENTION of trade, sale or movement
P2 ERADICATE - Serious weeds which are not yet widely established in WA.
P3 CONTROL - Serious weeds which cannot be eradicated in the short term, but must be kept under control.
P4 CONTAIN - Well-established plants where reducing the infestation is either impractical or uneconomical.
P5 Weeds to be CONTROLLED on public land or land under the control of a local government.
Notes
a.
Not including Orobanche cernua var australiana (Australian broomrape) and O. minor (clover broomrape).
b. All Salix spp. except for the permitted species, S. babylonica (weeping willow), S. x calodendron (pussy willow) and S. x reichardtii (pussy willow).
Regional Declarations
^ Not prescribed for whole of the State.