Weeds and legislation

On July 1, 2017, the Biosecurity Act 2015 came into effect, replacing the Noxious Weeds Act 1993 and nine other Acts dealing with general biosecurity in New South Wales.

It is available at: https://www.dpi.nsw.gov.au/about-us/legislation/list/biosecurity-act-2015

The Biosecurity Act applies to all land and waters across the state. It has a tenure neutral approach, which means it applies equally to public and private land occupiers. Both private and public land occupiers have the same responsibility to manage biosecurity risks.

The Biosecurity Act in part allows for all land managers to develop weed management programs that address their individual obligations under the Act. Weed management agencies are required to negotiate reasonable weed management outcomes on behalf of their communities.

The broad objectives of the Biosecurity Act 2015 are to manage biosecurity risks from animal and plant pest diseases, weeds and contaminants by:

1. Preventing entry into New South Wales; and
2. Quickly locating, containing and eradicating any new incursions; and
3. Effectively minimising the impacts of those pests, diseases, weeds and contaminants that cannot be eradicated through robust management arrangements.

How does this affect me as a landholder?

Under the Biosecurity Act 2015 everybody who deals with biosecurity matter or a carrier in New South Wales has a general biosecurity duty. Biosecurity matter is any living thing or part of any living thing, except a human, or a disease or contaminant.

Landholders have a biosecurity duty to prevent, as much as possible, the introduction of new weeds onto their land. While you are not expected to know everything about biosecurity risks, you should know about the biosecurity risks that directly relate to your farming operation.

The Biosecurity Act 2015 does include strong enforcement tools, including significant penalty provisions for wilful or reckless acts under Section 23 of the Act:

“A person who fails to discharge the person’s general biosecurity duty is guilty of an offence.

“Should the failure to discharge a person’s biosecurity duty be proven to be intentional or reckless, that person could be fined a maximum $1,100, imprisoned for 3 years or both. In the case of a corporation, that fine increases to $2.2 million.”

How do I know what weeds pose a risk?

Unlike the old Noxious Weeds Act 1993, the Biosecurity Act 2015 does not have a specific group of weeds to which the Act applies. A general biosecurity duty exists regardless of whether a weed is listed on a regional plan.

A biosecurity risk is created by weeds if they create, or have the potential to create, an adverse effect on the economy, environment, or the community through a dealing that leads to the introduction, presence, spread or increase of a weed species in New South Wales or part of New South Wales.

Further information about weed species is available on the NSW Weedwise App at www.weeds.dpi.nsw.gov.au

Who determines a weed is a biosecurity risk?

Regional Weed Advisory Committees are community and technical committees that advise each local Land Services Board. The committees identify priority weed species for each region through a risk assessment process using the NSW Weed Management System. This system provides a standard, nationally accepted process to make decisions about the introduction, prioritisation and listing of weed species.

The regional priority weeds list and the relevant legislation and strategic response can be found in the Regional Strategic Weed Management Plan (RSWMP) in Appendix 1. The plan relevant to Gunnedah is available at https://www.lls.nsw.gov.au/__data/assets/pdf_file/0010/722917/North-West-Regional-Strategic-Weed-Management-Plan-2023-2027.pdf

Remember, a general biosecurity does apply to all weeds, not only the weeds included in the Regional Priority List.

How do I know my weed management measures are adequate?

Appendix 1 of the RSWMP (link listed above) includes the expected outcomes and recommended measure for controlling priority weeds. If you are achieving the outcomes to demonstrate compliance with the general biosecurity duty, your measures are adequate.

Who will make sure I am doing this?

Gunnedah Shire Council is responsible for overseeing effective management of priority weed control and carries out inspections of private and public property, provides relevant education and training for both private and public land managers, and manages biosecurity risks on Council roadsides and reserves. Local Control Authority (LCA) Weeds Officers are appointed as authorised officers under the Biosecurity Act 2015 by their LCA.

Will my property still be inspected for weeds?

Yes. LCA Authorised Weeds Officers carry out inspections of private and public property. Property inspection reports will include weed species, density and locations. Discussions relating to weed management outcomes may also be documented. In some cases, this documentation may form part of a legally binding undertaking.

Weed Biosecurity Property Inspections Fact Sheet.pdf

Will it cost me anything?

Usually, no. Property inspections, advice on best management practices and community education are considered to be an integral part of the new Biosecurity Act, and there is no cost to landholders. Where re-inspections or other follow-up actions are necessary due to non-compliance, costs may be recovered at Council’s discretion. Costs could include variations to agreement/certification. Recovery of costs may be sought under Part 20 Div. 1/Sect. 320 of the Act – Recovery of Administrative Costs and Other Amounts.

For further information

If you need further information, you can contact Gunnedah Shire Council’s Weeds Officer on (02) 6740 2100 or NSW Local Land Service on www.lls.nsw.gov.au

Working together

The NSW Biosecurity Act 2015 gives all stakeholders a voice in how we protect the biosecurity of New South Wales. Biosecurity risks require vigilance at national and state borders, and it is important everyone works together to protect our primary industries, environment and community from introduced biosecurity threats.

Domestic Animals

Roaming and/or dangerous domestic animals should should be reported to Council and our Ranger will be notified to tend to the animals. Roaming and/or dangeous animals will be impounded by Council and held for a statutory period in which time they can be collected by their owners. For further details please see our Animal Pound section.

Native Animals - Snakes, Possums, Koalas, Kangaroos and other Protected Species

Contact WIRES (Wildlife Information, Rescue & Education Services) to report an injured animal or to report a snake that is posing a threat.
Wires: Phone: 1300 094 737.

Magpie Attacks

For most of the year magpies are not aggressive, but for four to six weeks during nesting they will often defend their territory vigorously. People walking past may be seen as 'invaders' of the territory, prompting the magpies to fly low and fast over the person.

Magpies and the Law

Magpies are protected throughout NSW, and it is against the law to kill the birds, collect their eggs, or harm their young. If you feel a magpie is a serious menace, it should be reported to the police or the nearest office of the National Parks and Wildlife Service (NPWS).

National Parks and Wildlife Service – Coonabarabran Office
Phone: 02 6842 0200

The NPWS can issue a Section 120 License to the owner of the property where the magpie is located. This license allows the property owner to ”harm native fauna”. However, the person given the responsibility of destroying/removing the bird, must also obtain a Section 121 License.

Say no to native animals as pets

We know we have amazing wildlife literally on our doorstep, but please don't think about keeping any as pets. The Council does not endorse keeping snakes or other native Australian wildlife as pets.
As the RSPCA states, such animals are "adapted to the wild, rarely enjoy human company or handling and are predominantly nocturnal in their habits".
Let's leave them in their own homes, not ours.

Graffiti is the act of marking or defacing property without permission. Its prevention and removal is very costly.

The best thing you can do to help reduce graffiti and vandalism in our community is report it when you see it.

It is important to report graffiti as quickly as possible, as it's easier to remove it in the first 24 hours from when it occurs. Removing graffiti in the first 24 hours also minimises the chance of it reappearing.
You can report graffiti on any property by contacting the NSW Graffiti Hotline on 1800 707 125. This is a free call, with the hotline operating from 9am to 5pm, Monday to Friday, excluding public holidays. If you see graffiti on Council property, we encourage you to contact our Customer Service Centre on 02 6740 2100, so we can quickly remove it. Council properties include:

• Council buildings
• parks and playgrounds equipment and facilities
• sporting facilities
• Cemeteries

Please report vadalism in public places to our Customer Service Team on 02 6740 2100 and provide as much information as possible, including the nature of the vandalism and the exact location.

Dumping Unwanted Goods is Illegal

Illegal dumping is an environmental, economic and social problem because it:

• pollutes our waterways through the stormwater system
• is a waste of resources because dumped items can often be recycled or reused
• can be dangerous, for example discarded needles and syringes
• attracts vermin such as rats and cockroaches
• looks unsightly and blocks access for pedestrians, bikes and vehicles
• is a financial burden to the Town and ratepayers

Gunnedah Shire Council actively prevents illegal dumping and encourages initiatives such as Clean Up Australia Day. Council has also installed CCTV cameras in identified problem areas for illegal dumping to reduce and prevent dumping.

Please report instances of illegal dumping to our Customer Service Team on 02 6740 2100.

What can you do about neighbourhood noise?

In the first instance, approaching the person making the noise may solve the problem amicably. Often people are unaware their activities are affecting others.

Council's Planning & Environment Department addresses significant noise nuisances, taking action if the noise is considered a public nuisance.
Under the Protection Operations Act 1997, local councils can serve various notices on people occupying homes and businesses, requiring them to control offensive noise and advising them what noise levels are acceptable.

For a comprehensive list of noise sources regulated in residential areas, visit the Environmental Protections Agency's (EPA) website.
To make a complaint regarding a significant noise nuisance please contact us.

How to prevent neighbourhood noise problems:

• Let your neighbours know in advance if you are going to be doing something noisy like having a party, doing building workor using a chainsaw etc.
• Be mindful of your neighbours when playing amplified music or using power tools etc.
• Keep the noise in your backyard or on your balcony down so it won't disturb your neighbours, especially during the evening and at night.
• Avoid revving the car's engine repeatedly when you turn on your car's ignition.
• Choose quiet models when buying equipment such as air conditioners, pool pumps, and gardening equipment including leaf blowers and lawn mowers
• Think about the impact on your neighbours when installing household equipment such as air conditioners, pumps and rainwater tanks.
• Enclose pool and spa pumps to muffle the noise so it doesn not reach your neighbours and run pumps only when necessary within the permitted times.

Barking Dogs

If a dog is well looked after, it will generally not bark excessively and disturb neighbours. Dogs tend to bark for a reason – if they are chained up, hungry, thirsty, bored, sick, lonely, neglected or being provoked by a roaming dog or the cat next door.
If a neighbour’s dog is barking excessively, talk to the owner first. Your neighbour may not realise their dog is bothering you, especially if it barks when they aren’t home. In many cases, the owner will be happy to find a solution to the problem.
The council can also follow up complaints about barking dogs. You should keep a record of when the dog barks, the duration, frequency as well as the behaviour of the dog. The ranger investigates complaints and can issue a nuisance order to the dog’s owner. Heavy fines apply if the owner fails to act on the order and stop the barking.

Please note the Council would only investigate in the case of:

• The presence of animals creating nuisance
• Animals being dangerous or harming health
• Unhealthy premises and offensive odours.

Updated Strategy currently being developed - need to check with Blake.

Gunnedah Shire Council's Pollution Incident Response Management Plan (PIRMP) has been developed to comply with the requirements introduced by the Protection of the Environment Legislation Amendment Act 2011 (POELA Act) to prepare and implement a pollution incident response management plan.

The objectives of the plan are to:

• Ensure timely communication about a pollution incident to workers and visitors on site, the Environment Protection Authority (EPA), other relevant authorities and community members who may be affected by the impacts of the pollution incident;
• Minimise and control the risk of a pollution incident at the facility by requiring identification of risks and the development of planned actions to minimise and manage those risk
• Ensure that the plan is properly implemented by trained employees, identifying persons responsible for implementing it, and ensuring that the plan is regularly tested for accuracy, currency and suitability

The Protection of the Environment Legislation Amendment Act 2011 (POELA Act) introduced the new requirement that holders of an environment protection licence make their pollution monitoring data publicly available in a timely manner. The intention of this requirement is to improve the general public's access to information about the environmental performance of licensed facilities. This is in addition to other information that the EPA includes on its public register.

Gunnedah Shire Council is the licensee of multiple environmental protection licenses relating to water treatment and waste disposal. To find the environmental monitoring data required by each licence, click the corresponding link from the pages below:

Gunnedah Shire Council operates facilities that have environment protection licences regulated by the NSW Environment Protection Authority (EPA). As a licensee, Gunnedah Shire Council makes environmental monitoring data required under each licence publicly available.
Please click the link below to access monitoring data from the facilities operated by Council.

Garbage collection service

Gunnedah Shire Council provides residential households a kerbside waste collection service for residences within the town boundaries of Gunnedah, Carroll and Curlewis. For more information please see the Gunnedah Greenwaste Calendar and Gunnedah Greenwaste Collection Maps included in the below document.

Collection Days

Gunnedah Shire Council provides a weekly general household waste bin (red lid) which is collected on the same day each week. The recycling bin (yellow lid) and greenwaste bin (green lid) are collected fortnightly with your household bin on alternating weeks. For more information on your collection dates, please input your address in the schedule above or download the Recycle Coach app.

• On collection days, place bins at least one metre apart and clear of cars, trees and other obstacles. 
• Your bin lids should close completely and nothing should protrude out of the top. 
• Face bin openings to the road and place bins no further than one metre from the kerb or road’s edge.
• So you don’t miss a collection, remember to place your bin(s) at the kerb the evening before collection.

Missed Household, Recycling or Greenwaste Collection

To report a missed service contact JR Richards on 1800 208 141.

Please note your bin will not be collected for any of the following reasons:

• if your bin was not put out on the kerb before the truck serviced your street (bins should be placed out the night before);
• if you used an old style bin (black base) or old 120L recycling bin;
• the bin does not have a coloured lid;
• the bin contained items that are not permitted; and/or
• if your bin is too heavy or overfilled.

Household Chemical Cleanout

Gunnedah residents now have two FREE services for the disposal of household chemicals and problem waste. Household chemical Clean out dates are set annually by the EPA. Please visit www.cleanout.com.au. Certain problem waste items are able to be dropped off all year round! Farm chemicals: These can be disposed of through the ChemClear Program.

WHERE ARE THE WASTE MANAGEMENT FACILITIES LOCATED?

Gunnedah and the surrounding villages are well-equipped with a number of Waste Management facilities for resident's convenience:

WHEN ARE THE WASTE MANAGEMENT FACILITIES OPEN?

Gunnedah Shire Council operates eight waste management facilities across the shire. The facilities vary in the way they operate with some facilities being transfer stations.

 PLEASE NOTE: If you have concerns about asbestos in mulch, please visit https://www.nsw.gov.au/environment-land-and-water/asbestos-mulch 

GUNNEDAH COMMUNITY RECYCLING CENTRE (CRC)

Gunnedah Shire Council has made recycling easier for householders to recycle and remove problem wastes from kerbside bin systems by establishing a drop off centre also known as a Community Recycling Centre (CRC).

 What is accepted from households, free of charge are at the CRC (Gunnedah Waste Management Facility only):

• Car batteries (lead acid)
• Household single use batteries
• Gas cylinders (including fire extinguishers)
• Fluorescent tubes and compact Florescent lighting (mercury containing lamps)
• Gas bottles
• Used oils (petroleum oil)
• Smoke detectors
• Paint (oil and water based)
• Other oils (cooking)
• Aerosols

The centre is a collaboration between Northern Inland Regional Waste, NSW EPA and Gunnedah Shire Council and is open Tuesday - Sunday from 8.00am to 4.00pm.

A number of smaller Community Recycling Stations are located across the Shire where you can safely dispose of small household batteries, compact fluoro globes and smoke detectors.

They can be found at the following locations:

• The Cultural Precinct
• Gunnedah Shire Library
• Carroll Rural Waste Depot
• Curlewis Rural Waste Depot
• Mullaley Transfer Station
• Tambar Springs Transfer Station

RECYCLIT BOWERBIRD SHOP

The Bowerbird Shop is the public retail outlet of Recyclit. People do not just dispose of waste, but also of items no longer required in their lives which are in perfectly good condition, and of use to someone else who may need them. These items are either donated to the shop, or retrieved for resale at very low prices from deposited waste.

The Bowerbird Shop is located at the Gunnedah Waste Management Facility within Recyclit Shed, based on Quia Road, Gunnedah. Any enquiries for the Bowerbird shop please call (02) 6742 1522.