Managing noxious weeds
All land owners have obligations under the Catchment and Land Protection Act 1994 (CaLP Act) about declared noxious weeds. A noxious weed may be an agricultural or an environmental weed. There are 4 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.
Noxious weed classifications can be found at the Victoria Government Gazette.
Controlling weeds on your property
Controlling state prohibited weeds
State prohibited weeds either:
- don't occur in Victoria
- occur in Victoria but it's reasonable to expect that they can be eradicated from Victoria
It's the responsibility of the Victorian Government to take all reasonable steps to eradicate state prohibited weeds on all land in Victoria.
Where eradication can't be undertaken immediately, an authorised officer can direct a land owner to prevent the growth and spread of state prohibited weeds for a particular time period. It's an offence to fail to comply with any such direction.
Controlling regionally prohibited weeds
Regionally prohibited weeds are:
- are not widely distributed throughout the region
- are capable of spreading further
- can be expected to be eradicated from the region
It's 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 Land Management Notice (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 can be liable for a penalty under the CaLP Act.
Controlling regionally controlled weeds
Regionally controlled weeds:
- occur in particular regions
- are capable of spreading further
- should be prevented from doing so
Continuing control measures are required to prevent their spread.
It's 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.
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's an offence to sell or trade any restricted weeds.
Spreading noxious weeds
Unless you have a permit you can't buy, sell, possess for sale, display, propagate, bring into Victoria or transport within Victoria:
- noxious weeds
- seeds of noxious weeds
- any part of a noxious weed capable of growing
Selling invasive weed host materials
Selling soil sand or gravel
Without a permit from us you can't remove or sell any soil, sand or gravel or stone that contains or is likely to contain any part of a noxious weed or that comes from land on which noxious weeds grow.
Selling fodder or grain
Without a permit you can't remove or sell any fodder or grain that contains the seeds or any part of a noxious weed that is capable of growing.
We can restrict the movement of grain, fodder and equipment if it's likely to spread weeds.
Selling machinery
If you wish to sell or hire or offer for hire any machinery for main production, it must be free from:
- noxious weeds
- their seeds
- any part of the weed that is capable of growing
If you need to sell or hire or offer to hire any machinery for main production that contains noxious weeds, you must get a permit.
Selling animals
You can't sell an animal that is carrying the seeds of a noxious weed without a permit from us unless it's a farm animal being sold directly to a meat processing facility within the meaning of the Meat Industry Act 1993.
Depositing noxious weeds
Without a permit you can't deposit on land a noxious weed or a part of a noxious weed that is capable of germinating.
Direction to remove noxious weeds or restrict movement
Authorised Officers can direct you to remove noxious weeds from infested goods (such as hay) or destroy noxious weeds within a specific time frame.
Authorised Officers can also direct you to restrict the movement of grain, fodder, equipment or animals that they consider likely to spread noxious weeds.
It's an offence to not comply with these directions.