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You are here: Agriculture » About Agriculture » Legislation and Regulation » Your Responsibilities » Noxious Weed and Pest Animal Management

Noxious Weed and Pest Animal Management: Your Legal Responsibilities

Contents

• About the booklet
• Key terms, acronyms and abbreviations
• Introduction
• Relevant laws, guidelines and Codes
• Roles and responsibilities
• Legislation and the farmer
• Further information

About the booklet

This booklet is one of a series of eight covering legal aspects of managing a farm:

• Biodiversity
• Chemical Management
• Introduction to Occupational Health and Safety
• Livestock Management
• Noxious Weed and Pest Animal Management
• Soil Management
• Waste Management
• Water Management

Each booklet provides a list of the relevant legislative Acts and explains the purpose of each Act.

They have been written for land owners and primary producers. Each booklet consists of the following sections:

Key terms, acronyms and abbreviations – An explanation of some of the language and terms used throughout the booklet.

Introduction – A summary of the intention of the legislation.

Roles and responsibilities – An explanation of roles played by national, state and local governments, their agencies and farmers.

Relevant laws, guidelines and Codes – The relevant Acts, guidelines and Codes covering farm management in Victoria.

Legislation and the farmer – A table of potential situations with an explanation of a farmer's obligations or the implications under the relevant Acts in Victoria.

Key terms

Biodiversity – The variety of life forms: the different plants, animals and micro-organisms, the genes they contain and the ecosystems they form.

Biosecurity – A process designed to mitigate the risks and impacts to the economy, the environment, social amenity or human health associated with pests and diseases.

Control – In relation to noxious weeds and pest animals, this includes: reducing their numbers, preventing an increase in their numbers, reducing their activity, and modifying their behaviour or characteristics.

Eradication – When a species (including plant propagules) has been removed or killed and no longer occurs at that site. In practice, this means that it can no longer be detected by recommended methods of survey for a defined period of time.

Established – A species that, for the foreseeable future, will perpetuate within an area after entry.

Noxious weed – A plant declared as 'noxious' in schedules under the Catchment and Land Protection Act 1994 (CaLP Act). There are four categories of noxious weeds defined under the CaLP Act:

• State prohibited weeds – Do not occur in Victoria, or occur in Victoria but it is reasonable to expect that they can be eradicated from the State.
• 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.
• Regionally controlled weeds – Occur in the region, are capable of spreading further and should be stopped from doing so. Continuing control measures are required to prevent their spread.
• Restricted weeds – Are a serious threat to primary production, Crown land, the environment or community health in another State or Territory and if sold or traded in Victoria there would be an unacceptable risk of it spreading within Victoria and to other States and Territories.
• Pest animal – An animal species declared under the CaLP Act. Pest animals are, or have the potential to be, a serious threat to primary production, Crown land, the environment or community health in Victoria. There are four categories of pest animals:
  • Prohibited pest animals – Do not occur naturally in Australia, are a serious threat to primary production, Crown land, the environment or community health in a place outside Victoria (or its potential threat in Victoria is unknown) and the importation, keeping and sale should be banned.
  • Controlled pest animals – Do not occur naturally in Australia, have a high potential to become a serious threat to primary production, Crown land, the environment or community health in Victoria and should only be kept in approved high-security collections.
  • Regulated pest animals – Do not occur naturally in Australia, have the potential to become a serious threat to primary production, Crown land, the environment or community health in Victoria and should only be kept in approved collections.
  • Established pest animals – Are established in the wild in Victoria, are a serious threat to primary production, Crown land, the environment or community health in Victoria and should be eradicated, controlled or its spread in the wild should be prevented.

Acronyms / abbreviations

• ABS - Australian Bureau of Statistics
• CaLP - Catchment and Land Protection Act 1994
• CMA - Catchment Management Authority
• DSEWPC - Department of Sustainability, Environment, Water, Population and Communities
• DPI - Department of Primary Industries
• DSE - Department of Sustainability and Environment
• EPBC - Environment Protection and Biodiversity Conservation Act 1999
• FFG - Flora and Fauna Guarantee Act 1988
• LMN - Land Management Notice

Introduction

Noxious weeds and pest animals can cause a range of serious problems by impacting on human and animal health, biodiversity, natural assets, waterways and agriculture. Uncontrolled noxious weeds or pest animals can quickly spread and affect pasture and animal production. Further, noxious weeds and pest animals can adversely affect the integrity, conservation status, habitat characteristics and aesthetic value of our natural ecosystems. Land owners have a responsibility to manage their property in a way that does not adversely affect commercial agricultural production on neighbouring farms or impact on the natural environment.

The Catchment and Land Protection Act 1994 (CaLP Act) is the Victorian legislation which covers the classification and general control of noxious weeds and pest animals. Under the CaLP Act, landowners must take all reasonable steps to eradicate regionally prohibited weeds, prevent the growth and spread of regionally controlled weeds and prevent the spread of and – as far as possible – eradicate established pest animals. The CaLP act is explained in greater detail in the “Relevant laws, guidelines and Codes” section of this document.

The Victorian Government has responded to the threat posed by noxious weeds and pest animals by investing in management and research.
While prevention and early intervention are widely recognised as the most cost-effective actions possible, historically there has been significant community pressure to deal with pests that are widespread and clearly visible.

The economic and environmental impact of noxious weeds

Noxious weeds have been a problem on a national scale in Australia since prickly pear engulfed large tracts of land in the 19th Century, forcing many farmers off their land. Since then, the list of invasive alien plants in Australia has grown to more than 2,700, a figure that climbs by at least 10 new species every year.

Noxious weeds are a big problem for both our economy and our natural environment. The damage bill faced by Australian agriculture has been estimated at $4 billion a year. That cost includes weed control, production losses, and contamination of agricultural products.

In 2006-07, the direct cost to agricultural businesses in Victoria of controlling weeds was estimated to be $253 million per year.

The economic and environmental impact of pest animals

Pest animals have significant economic and environmental impacts. They have the potential to adversely alter ecosystem function, reduce primary industry productivity and profitability, and threaten human and animal health.

The economic impact to Australia of rabbits, wild dogs, mice, foxes, feral pigs and pest birds is estimated at more than $740 million per year (excluding environmental and social impacts).

The negative economic impacts of pest animals include direct control and management costs, predation of livestock by wild dogs, foxes and feral pigs, competition for resources, destruction of natural resources through soil disturbance and removal of vegetation and destruction of pastures and crops.

The negative environmental impacts include direct predation on native fauna, destruction of habitats and natural resources including reduction in water quality, increased soil erosion and land degradation, and destruction of native plants that provide food and shelter to native species.

The social impacts of noxious weeds and pest animals

Noxious weeds and pest animals can create a general nuisance and interfere with the liveability of certain urban and rural areas.

The negative social impacts of noxious weeds and pest animals include stress for farm business managers due to the financial consequences of noxious weed and pest animal management; conflict between neighbours and between sections of the community with differing attitudes to management practices; interference with recreational activities; damage to infrastructure or culturally significant sites; injury or killing of livestock; and a decrease in the aesthetic value of the Australian landscape.

Relevant laws, guidelines and Codes

Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth)

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the Australian Government's central piece of environmental legislation. It provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places – defined in the Act as matters of national environmental significance. This Act regulates the importation of plants and animals into the country through the live imports list. This live imports list outlines which non-native plants and animals can be brought into the country. Any person wishing to bring a plant or animal into the country that is not on the live imports list must apply to the Department of Sustainability, Environment, Water, Population and Communities (DSEWPC) to do so.

The EPBC Act aims to prevent damage to threatened and protected flora and fauna. These species may be impacted on by noxious weed or pest animal control activities such as ripping of rabbit warrens and use of herbicide. In these cases, approval from DSEWPC is required to undertake control work to ensure there is no impact on threatened/protected species.

Aboriginal Heritage Act 2006

Land owners or occupiers should be aware of the Aboriginal heritage legislation. One of the main objectives of the Aboriginal Heritage Act 2006 is to promote the management of Aboriginal heritage as an integral part of the land and natural resources management. For example, control or management activities (e.g. rabbit warren ripping, cultivation of the soil) must not disturb or destroy culturally significant sites.

Before undertaking any works on a farm that would result in disturbance to land, water or vegetation you should contact the local Catchment Management Authorities (CMAs), DPI or Aboriginal Affairs Victoria.

Agricultural and Veterinary Chemicals (Control of Use) Act 1992
Agricultural and Veterinary Chemicals (Control of Use) Regulations 2007
Agricultural and Veterinary Chemicals (Victoria) Act 1994

Land owners need to be aware of this legislation and the relevance of the codes of practice, use, storage and potential effects of agricultural chemicals.

Land owners or land occupiers are required to obtain an Agricultural Chemical Users Permit to purchase and use certain categories of chemicals/poisons required for the control of some pest species (e.g. fumigants for rabbit control). The purchase and use of 1080 requires an additional 1080 endorsement. This legislation also sets out offences for chemical/poison misuse that causes damage to plants or stock outside of the target area through herbicide or pesticide spray drift.

Roles and responsibilities

The management of noxious weeds and pest animals is a shared responsibility between all three levels of government, CMAs and land owners. The Australian Government's primary role is to provide coordination and leadership in national pre-border and border biosecurity to prevent the entry of new noxious weeds and pest animals into Australia.

The Victorian Government sets the strategic state-wide policy direction for managing noxious weeds and pest animals, manages the legislation and performs a regulatory role. The Department of Sustainability and Environment (DSE), is primarily responsible, together with Parks Victoria, for the management of forests, parks and reserves in Victoria.

Local Government has responsibility as a land manager to manage declared weeds and pest animals. The Local Government Act 1989 allows Councils to enact local by-laws targeting specific weeds. Each of the 10 CMAs in Victoria is responsible for managing and protecting land and water resources within its region.

Finally, all land owners (public and private) are responsible for managing noxious weeds and pest animals on their land, under the CaLP Act.

Catchment and Land Protection Act 1994

The Catchment and Land Protection Act 1994 (CaLP Act) is the Victorian legislation which covers the classification and general control of noxious weeds and pest animals. The CaLP Act establishes protection for primary production, Crown land, the environment and community health from the effects of noxious weeds and pest animals. Further, the CaLP Act prohibits the movement and sale of all categories of noxious weeds, including the seeds of any noxious weed and any part of a noxious weed that is capable of growing, without a permit. The CaLP Act also regulates the importation, keeping, selling or releasing of declared pest animals.

Under the CaLP Act, landowners must take all reasonable steps to eradicate regionally prohibited weeds, prevent the growth and spread of regionally controlled weeds and prevent the spread of and – as far as possible – eradicate established pest animals.

The Victorian state government is responsible for taking all reasonable steps to eradicate State prohibited weeds from all land in Victoria. The Victorian state government must also take reasonable steps to control restricted pest animals on all land in the state (restricted pest animals includes all prohibited, controlled and regulated pest animals, but excludes established pest animals). The CaLP Act also has provisions to prevent the spread of declared noxious weeds, including by prohibiting their sale or trade. Similarly, it is prohibited to bring into Victoria, keep, sell or release declared pest animals.

Penalties for offences under the CaLP Act

Land owners should be aware that the maximum penalties for a single offence involving responsibilities for the management of noxious weeds are approximately $29,000 in 2010/11 and continues to increase each year. For a single offence of the importation, keeping, releasing or selling of a prohibited pest animal the maximum penalty is approximately $58,000 in 2010/11.

CaLP Regulations 2002

There are also regulations under the CaLP Act which further guide the management of invasive pests. The CaLP Regulations 2002 specify which of the four control measures, being; application of herbicide, cultivation, removal, and mulching, must be used under a Notice for each species of declared noxious weed. The regulations also stipulate prescribed measures for the eradication or control of European rabbits.

Environment Protection Act 1970

Land owners and land occupiers have responsibilities under this Act to avoid polluting air and waterways. Care should be taken when using herbicides and pesticides near waterways.

Firearms Act 1996

Land owners may choose to use firearms to control certain established pest animals on their property. Land owners must be licensed and aware of their responsibilities under this Act if they choose to adopt this control method.

Fisheries Act 1995

This Act regulates the management and conservation of Victorian fisheries and aquatic habitats, and provides for the declaration of noxious aquatic species. People have a responsibility to report any noxious aquatic species, and it is an offence to bring these plants and animals into Victoria or possess, sell, transport or release them without a valid permit.

Land owners should be aware that there are currently three aquatic species declared as noxious aquatic species under this Act – Caulerpa, ricegrass/common cordgrass and wakame seaweed. These plants may pose a serious threat to a fishery, the aquatic environment or human health.

Flora and Fauna Guarantee Act 1988

The Flora and Fauna Guarantee Act 1988 (FFG Act) is the key piece of Victorian legislation for the conservation of threatened species and communities and for the management of potentially threatening processes. This Act applies to private land where the land is deemed to be 'critical habitat' of a listed flora or fauna species. Plants and animals listed under section 10 (1) of this Act cannot be declared as a noxious weed or pest animal under the CaLP Act. Dingoes have recently been listed as 'Threatened' under this Act, and have been removed from the Schedule for established pest animals under the CaLP Act except on all private land and areas where the dingo will be unprotected on public land within 3 kilometres of any private land boundary, including land subject to a perpetual lease.

Impounding of Livestock Act 1994

This legislation should be considered when identifying and managing established pest animals of a species that could be considered trespassing livestock, e.g. pigs and goats (see Livestock Management booklet).

Land Act 1958

Land owners who hold a lease, licence or permit for agricultural or non-agricultural land uses on a section of Crown land under this Act, are responsible for noxious weed and pest animal management on that land.

Local Government Act 1989

This Act provides a mechanism for municipal councils to develop local laws relating to noxious weed and pest animal management. Check with your Council regarding local laws.

Occupational Health and Safety Act 2004
Occupational Health and Safety Regulations 2007

See the Introduction to Occupational Health and Safety booklet in this series.

Planning and Environment Act 1987

Each municipality in Victoria is covered by a set of policies and provisions for the use, development and protection of land. A planning permit is often required for certain uses and developments or changes to the protection of land. It is the responsibility of the land owner or land occupier to check with their local Council as to whether a planning permit is required. A planning permit is a legal document that gives permission for use or development on a particular piece of land, including clearing native vegetation from land.

In most circumstances, a permit is not required to remove, destroy or lop native vegetation to the minimum extent necessary if any of the following apply, under clause 52.17 of the Victorian planning provisions:

• Weeds – The native vegetation is removed, destroyed or lopped to enable the removal or destruction of a weed listed in the schedule to the clause.
• Pest animal burrows – The native vegetation to be removed, destroyed or lopped to enable the removal of pest animal burrows in the Farming or the Rural Activity Zone.

The maximum extent of native vegetation removed, destroyed or lopped under the two exemptions above, on contiguous land in the same ownership in a five year period must not exceed any of the following:

• One hectare of native vegetation which does not include a tree.
• Fifteen native trees if each tree has a trunk diameter of less than 20 centimetres at a height of 1.3 metres above the ground.
• Land Management Notices – The native vegetation to be removed, destroyed or lopped to comply with a Land Management Notice issued under the CaLP Act.

A planning officer from your local Council can provide further advice.

Prevention of Cruelty to Animals Act 1986

Prevention of Cruelty to Animals Regulations 2008

This Act and associated Regulations outlines what land owners can and can't do in relation to the welfare of animals. It is under this Act that Codes of Practice relating to the welfare of animals are made. This legislation also sets out the conditions and requirements under which a variety of different types of kill and non-kill traps are set. It also outlines the features that each type of trap must have in order to be used legally. This includes leg traps, confinement traps, snare traps and net traps. This is relevant to the management of any established pest animal in Victoria.

Sale of Land Act 1962

Under S.32 of the Sale of Land Act 1962, a vendor selling a parcel of land must give the purchaser (before they sign a contract for the purchase) a statement outlining any existing conditions on the land. This includes Land Management Notices (LMN) used for the control of noxious weeds and pest animals under the CaLP Act. A person who purchases a parcel of land to which a LMN applies, becomes the land owner and therefore responsible for compliance with that LMN. Land owners should be aware of the requirements of any LMN applying to a parcel of land before purchase.

Wildlife Act 1975

Wildlife Regulations 2002

The Wildlife Act 1975 deals with State Wildlife and Nature reserves, wildlife licences, offences relating to wildlife. Native animals, and other declared wildlife (including kangaroos, possums and wedge-tailed eagles) are protected under the Wildlife Act 1975 and are not declared pest animals under the CaLP Act. Land owners and land occupiers should be aware of certain relevant offences under this Act including 'killing wildlife by poison'.

If you are a farmer or horticulturalist and your crops are being damaged by birds, flying foxes or other animals you can apply for an authority to control wildlife from DSE.

Legislation and the farmer

Key questions for farmers about noxious weeds and pest animal management arising from the legislation

Consider the following questions. If you are unsure of the answers to these questions, look through the table on the following pages for more information or phone DPI Customer Service Centre on 136 186.

• What type, if any, of noxious weeds do you have on your property?
• If they are regionally prohibited weeds are you taking reasonable steps to eradicate them?
• Do you have regionally controlled weeds on your property?
• If so, are you taking reasonable steps to prevent their growth and spread?
• Are you carrying out any activities that might contribute to the spread of noxious weeds such as taking equipment onto roads, selling produce, selling animals or equipment?
• Have you had a Directions Notice served on you in relation to any weeds on your land, and are you taking the necessary steps to eradicate regionally prohibited weeds or prevent the growth and spread of regionally controlled weeds?
• Do you have any established pest animals on your property?
• If so, are you taking measures to prevent the spread of, and as far as possible, eradicate them?
• Do you have the necessary permits if you keep any pest animals on your property?

Further information

For up-to-date information on managing noxious weeds and pest animals in Victoria phone the DPI Customer Service Centre on 136 186 or visit www.dpi.vic.gov.au.

Farm activity or situation	On-farm obligations or implications
Management of noxious weeds	All landowners have obligations under the CaLP Act in relation to declared noxious weeds. A noxious weed may be an agricultural and/or an environmental weed. There are four categories of noxious weeds defined under the CaLP Act: State prohibited weeds Regionally prohibited weeds Regionally controlled weeds Restricted weeds A Directions Notice or a Land Management Notice (LMN) is the most commonly used regulatory mechanism to ensure noxious weeds are controlled. For details of the different categories of weeds and those that might apply to your area phone the DPI Customer Service Centre on 136 186 or visit www.dpi.vic.gov.au/weeds
Controlling regionally prohibited weeds	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. It is your responsibility to take all reasonable steps to eradicate regionally prohibited weeds on your property. If you fail to do so, you may be served with a Directions Notice or LMN. The Directions Notice or LMN will direct you to take certain actions to control weeds on your property. If you fail to comply with the Directions Notice or LMN you may be liable for a penalty under the CaLP Act.
Controlling regionally controlled weeds	Regionally controlled weeds occur in the region, are capable of spreading further and should be prevented from doing so. Continuing control measures are required to prevent their spread. It is your responsibility to take all reasonable steps to prevent the growth and spread of regionally controlled weeds. If you fail in your obligations regarding regionally controlled weeds you may be served with a Directions Notice or LMN. The Directions Notice or LMN will direct you to take certain actions to control weeds on your property. If you fail to comply with the Directions Notice or LMN you may be liable for a penalty under the CaLP Act.
Controlling State prohibited weeds	State prohibited weeds do not occur in Victoria, or occur in Victoria but it is reasonable to expect that they can be eradicated from Victoria (such as water hyacinth and perennial ragweed). It is the responsibility of the Victorian Government to take all reasonable steps to eradicate State prohibited weeds on all land in Victoria.
Managing restricted weeds	These plants would pose an unacceptable risk to other States and Territories if they were sold or traded in Victoria. Many species, including some species of willows, are declared restricted. It is an offence to sell or trade any restricted weeds.
Spreading noxious weeds	Unless you have a permit from DPI you cannot buy, sell, possess, bring into the State or transport within the State: noxious weeds seeds of noxious weeds any part of a noxious weed capable of growing.
Selling soil sand or gravel	Without a permit from DPI you cannot sell any soil, sand or gravel, etc, from your property that is: – likely to have any part of a noxious weed in it – from land on which noxious weeds grow.
Selling fodder or grain	If you wish to sell hay, fodder or grain, it must be free from noxious weeds, their seeds, or any part of the weed that is capable of growing. If you need to do this, you require a permit. The movement of grain, fodder and equipment can be restricted by DPI if it is likely to spread weeds.
Selling machinery	If you wish to sell or hire or offer for hire any machinery for primary production, it must be free from noxious weeds, their seeds, or any part of the weed that is capable of growing. If you need to sell or hire or offer to hire any machinery for primary production which contains noxious weeds, you must obtain a permit.
Selling animals	You cannot sell an animal that is carrying the seeds of a noxious weed unless it is a farm animal being sold directly to a meat processing facility within the meaning of the Meat Industry Act 1993. If you wish to sell an animal carrying seeds of a noxious weed you must obtain a permit from DPI.
Depositing noxious weeds	Without a permit from DPI you cannot deposit on land a noxious weed or a part of a noxious weed that is capable of germinating.
Order to remove noxious weeds	You can be required to remove noxious weeds from infested goods (e.g. hay) or destroy noxious weeds within a specific time frame.
Pest animal management	Pest animals are, or have the potential to be, a serious threat to primary production, Crown land, the environment or community health in Victoria. There are four categories of pest animals defined under the CaLP Act: Prohibited pest animals Controlled pest animals Regulated pest animals Established pest animals The classification of pest animals has been determined as to the threat of a particular species on primary production, the environment or community health as well as their potential for establishment in the wild. It is an offence to import, keep, sell or release any pest animals in Victoria without a valid permit. Pest animal classifications can be found at: http://www.gazette.vic.gov.au/gazette/Gazettes2010/GG2010S399.pdf
Managing prohibited pest animals	Because of the significant threat to biosecurity, importing, keeping, selling or releasing prohibited pest animals are not allowed in Victoria. Examples include racoons, stoats, weasels and cane rats. It is the responsibility of the Victorian state government to take all reasonable steps to control restricted pest animals (including prohibited pest animals) on all land in the state.
Managing controlled pest animals	Controlled pest animals are those that can only be kept in high security collections approved by the Minister. The keeping of controlled pest animals in Victoria is limited to specific purposes including zoos and research institutions. Examples include elephants, meerkats, spider monkeys, boa constrictors and American alligators. It is the responsibility of the Victorian state government to take all reasonable steps to control restricted pest animals (including controlled pest animals) on all land in the state. If you wish to import, keep or sell a controlled pest animal for you must obtain a permit from DPI.
Managing regulated pest animals	Regulated pest animals may be kept for certain commercial purposes and can only be kept in collections or at premises approved by the Minister. Regulated pest animals include American bison, water buffalo and blackbuck antelope. It is the responsibility of the Victorian state government to take all reasonable steps to control restricted pest animals (including regulated pest animals) on all land in the state. If you wish to import, keep or sell a regulated pest animal you must obtain a permit from DPI.
Managing established pest animals	Established pest animals should be controlled and their spread in the wild prevented. Examples include wild dogs, rabbits, goats, pigs, foxes and hares. It is your responsibility to control and where possible eradicate established pest animals on your land. If you fail to do so, you may be served with a Directions Notice or LMN. The Directions Notice or LMN will direct you to take certain actions to control pest animals on your property. If you fail to comply with the Directions Notice or LMN you may be liable for a penalty under the CaLP Act.

ISBN 978-1-74264-490-5 (print)
ISBN 978-1-74264-491-2 (online)

 

Related Links

More information on invasive plants may be found on the Weeds page of the DPI website.
More information on invasive animals may be found on the Pest Animals page of the DPI website
Declared Noxious Weeds – Listed by Common Name
Machinery and vehicle hygiene