Weed Management Plan 2023 - 2027

This Plan has been developed with information from DPI, State Weeds Committee, Central Tablelands Weeds Committee, WIDX, Biosecurity Act 2015 and Biosecurity Regulations 2017.

Its primary purpose is to inform landholders/occupiers of their General Biosecurity Duty Biosecurity Duties under the Biosecurity Act 2015 (GBD) for Local and Regional Priority Weeds and weeds that pose a local impact as determined by DPI Weed Risk Assessment System (WIDX). It outlines the outcomes expected by Cowra Council ‘s Biosecurity Officers to satisfactorily discharge the GBD for weeds contained in this document.

Local Councils have a duty to address issues relating to Priority Weeds in their Shire, including Priority weed control functions by any reasonable means, implementing Priority weed control activities on Council owned lands, reporting, recording and surveillance of established Priority Weeds and new emerging weed threats on both public, and private lands (Division 2 S 371).

Cowra Council’s weed control functions are exercised through Authorised Officers, both under the Biosecurity Act 2015 and the Local Government Act 1993. 

 An Authorised Officer-Weeds has powers under the Biosecurity Act 2015 which include:

• Powers of entry to premises
• Information Gathering
• Investigation, compliance and risk management functions in accordance with the Biosecurity Act 2015.

• Duty to inspect public and private lands on a risk-based system for Priority Weeds, or where there is a significant suspected or known breach of the Biosecurity Act 2015.

Cowra Council’s Biosecurity Officers actively work with land occupiers to achieve Best Practice Management in Weed Control as far as reasonably practicable (and as determined by the weeds status under the Central Tablelands Strategic Weed Management Plan before formal Biosecurity Directions or Undertakings are issued. Failure to comply with BD or BU constitute a breach of the Act and can carry large economic consequences if the breach is considered willful or negligent. (Division 3 S 126, Division 3 S 128).

Authorized Officers can issue Weed Control Notices in the first instance, with escalation to an enforceable Direction or Undertaking if the Biosecurity breach remains untreated and the weed is having an impact on Council assets, neighboring properties, high risk pathways i.e. creeks and waterways which act as a carrier for seed or vegetative material or areas of high environmental or social value.

If the weed is a Prohibited, Prevention or Eradication level weed, a Direction will be issued immediately rather than Weed Control notices due to the extreme risk posed. To ensure procedural fairness, unless in the case of an Emergency Order with Prohibited Matter, Biosecurity Officers will generally provide the occupier the chance to undertake voluntary weed management programs where ever practicable, and the level of management expected to discharge the GBD will be outlined in the initial Weed Control Notice.

An enforceable Direction can be either a General or Individual Direction. A General Direction applies to the public, or specified group of persons, while an Individual Direction applies to an individual.

In either case, a Direction can prohibit, regulate, direct or control the carrying out of any activity in connection with that weed, a carrier or potential carrier. A Direction may be issued if the Authorized Officer reasonably believes the Direction is necessary for a purpose identified in SEC 126 of the BA (to prevent, eliminate or minimize a biosecurity risk or prevent, manage or control a biosecurity impact) within the limitations of the Officers powers (Division 4 S128 and S 126).

A fee for recoverable administrative costs may be charged under (Division 2 S 373 Biosecurity Act 2015).

Once a Direction or Undertaking is issued, the land if sold, is deemed to have an “adverse affectation” with the duty on the seller to disclose the affectation under the Conveyancing (Sale of Land) Regulation 2017 Schedule 3, Part 3 Sec 27,28. Financial penalties may apply to the seller if these are not disclosed. 

The general biosecurity duty can be found in Part 3 of the Act. Specifically, section 22 of the Act provides:

‘Any person who deals with biosecurity matter or a carrier and who knows, or ought reasonably to know, the biosecurity risk posed or likely to be posed by the biosecurity matter, carrier or dealing has a biosecurity duty to ensure that, so far as is reasonably practicable, the biosecurity risk is prevented, eliminated or minimised’.

Please find more details of specific ways of Weed management for each type of weed here.(PDF, 118KB)