Responsibilities under the Act
The NSW Biosecurity Act 2015, effective since 2017, provides the legal framework for managing invasive plants in NSW. Central to the Act is the "General Biosecurity Duty," which requires all people and organizations to take all reasonable and practical measures to prevent, minimize or eliminate biosecurity risks from invasive plants on their land or premises. The Act classifies invasive plants into categories based on their risk and distribution, with requirements for eradication, control, or management depending on the classification. The Act also prohibits the sale or movement of certain invasive "priority weeds" and mandates cooperation between landholders, councils, and government authorities to protect the environment, economy, and community health. The council and community work together under this legislation to reduce the spread and impact of invasive plants at a local level by conducting control programs, monitoring, and public education.
NSW Biosecurity Act 2015
Councils Responsibility
As the local control authority for weeds, Bellingen Shire Council will:
- appoint and support staff as authorised officers under the Act
- inspect lands for high-risk weeds and seek compliance with the Act from owners/occupiers
- educate their communities about weeds risk and best practice management
- control high-risk weeds
- submit weeds management records to the NSW government
- participate in the North Coast Regional Weed Committee
The General Biosecurity Duty as described in Section 22 of the Act will be enforced for Containment priority and higher ranked weed species as described in the North Coast Regional Strategic Weed Management Plan. This will ensure that Council resources are directed to preventing the establishment and spread of the highest priority weeds.
Council will not undertake control of weeds on non-council managed land, however Authorised Officers will follow up all reports of priority weeds and instigate education and/or enforcement actions as required.
Disputes between neighbours over the management of plants and non-priority weeds should be directed towards your neighbour in the first instance, if you are unable to come to a resolution the Community Justice Centre can provide mediation as a next step.
Requests for management of plants and non-priority weeds that are of a purely civil nature should be directed through Customer & Business Services as a Service Request.
Council may, in certain limited circumstances, consider allowing the self funded removal of vegetation on public land by concerned persons when removal by council is not currently justifiable on the basis of risk and/or budgetary constraints. Such circumstances may include (but are not restricted to) the pre-emptive removal of vegetation that is highly likely to become a future risk to life or property or the removal of vegetation that is a non-priority/widespread/environmental weed or a nonpreferred species of vegetation.
Council continues to work on control plans, where required, for Containment priority and higher ranked weed species where there are significant infestations on public and private lands requiring coordinated efforts from all stakeholders.
Landholders Responsibility
Your responsibility under the Biosecurity Act:
Due to the topographical and climatic features of the Shire the growth of vegetation is prolific and abundant. Unfortunately not all of this vegetation is desirable.
Current landowners, or when purchasing a property, make sure you are informed and aware of the presence of weeds and your responsibilities as a landowner under the Biosecurity Act 2015. Your beautiful paradise may well be a weed haven - requiring many years of hard work and resources to bring under control.
Ensure you have the capacity to uphold your General Biosecurity Duty (GBD) to prevent, eliminate or minimise the spread of weeds.
Whilst all weeds pose a biosecurity risk and carry a GBD, land managers must prioritise certain weeds to ensure that they direct their limited resources to activities of greatest benefit. The NSW Weed Risk Management System and generalised weed invasion curve are the foundations of weed prioritisation.
We invite you to come into Council for free weed control Information.