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.