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Lockhart Shire Council

Noxious Weeds Control Strategy

April 2012

Contents

Objective

Weeds declared for Lockhart Shire as of 3rd April 2012

Class 1 – State Prohibited Weeds

Class 2 – Regionally Prohibited Weeds

Class 3 – Regionally Controlled Weeds

Class 4 – Locally Controlled Weeds

Class 5 – Restricted Plants

Notifiable Weeds

Obligations

Private Landholders

Public Authorities

Local Control Authorities (Council)

Property Inspection Procedures

Inspectorial Procedures Flow Chart

Priority Species

Widespread Species

Noxious Weeds - Calender of Operations

Objective To make all lands within the Shire boundaries as free of noxious weeds as possible.

Weeds declared for Lockhart Shire as of 3rd April 2012

Note: A noxious weed that is classified as a Class 1, 2 or 5 noxious weed is a notifiable

weed. Therefore, a range of restrictions on their sale and movement exist.

Class 1 – State Prohibited Weeds Characteristics - Class 1 noxious weeds are plants that pose a potentially serious

threat to primary production or the environment and are not present in the State or are present only to a limited extent.

Control Measures – The plant must be eradicated from the land and the land must be

kept free of the plant.

Common Name Scientific Name

Anchored Water Hyacinth Eichhornia azurea

Black Knapweed Centaurea nigra

Broomrapes Orobanche spp. except the native O. cernua

variety Australiana & O.minor.

Chinese Violet Asystasia gangetica subspecies micrantha

Eurasian Water Milfoil Myriophyllum spicatum

Hawkweed Hieracium spp.

Heteranthera Heteranthera reniformis

Horestail Equisetum spp.

Hydrocotyle Hydrocotyle ranunculoides

Hymenachne Hymenachne amplexicaulis

Karoo Thorn Acacia karoo

Kochia Bassia scoparia

(Kochia scoparia)

Kosters curse Clidemia hirta

Lagarosiphon Lagarosiphon major

Mexican Feather Grass Nassella tenuissima (Stipa tenuissima)

Miconia Miconia spp.

Mikania Mikania micrantha

Mimosa Mimosa pigra

Parthenium Weed Parthenium hysterophorus

Pond Apple Annona glabra

Prickly Acacia Acacia nilotica

Rubber Vine Cryptostegia grandiflora

Senegal Tea Plant Gymnocoronis spilanthoides

Siam Weed Chromolaena odorata

Spotted Knapweed Centaurea maculosa

Water Caltrop Trapa spp.

Water Lettuce Pistia stratiotes

Water Soldier Stratiotes aloides

Witchweed Striga spp. except native species & Striga

parviflora

Yellow Burrhead Limnocharis flava

Class 2 – Regionally Prohibited Weeds Characteristics – Class 2 noxious weeds are plants that pose a potentially serious

threat to primary production or the environment of a region to which the order applies and are not present in the region or are present only to a limited extent.

Control Measures - The plant must be eradicated from the land and the land must be

kept free of the plant.


Alligator Weed Alternanthera philoxeroides

Black Willow Salix nigra

Boneseed Chrysanthemoides monilifera

Cape broom Genista monspessulana

Mesquite Prosopis spp.

Parkinsonia Parkinsonia aculeata

Salvinia Salvinia molesta

Tropical Soda Apple Solanum viarum

Water Hyacinth Eichhornia crassipes

Class 3 – Regionally Controlled Weeds Characteristics – Class 3 noxious weeds are plants that pose a serious threat to

primary production or the environment of a region to which the order applies, are not widely distributed in the area and are likely to spread in the area or to another area.

Control Measures – The plant must be fully and continuously suppressed and

destroyed. OR

The plant must be fully and continuously suppressed and destroyed, and the plant may not be sold, propagated or knowingly distributed. (Indicated by a *)


Chilean Needle Grass Nassella neesiana *

Coolatai grass Hyparrhenia hirta Perennial Ground Cherry Physalis virginiana

Prairie Ground Cherry Physalis viscosa

Serrated Tussock Nassella trichotoma *

Class 4 – Locally Controlled Weeds Characteristics – Class 4 noxious weeds are plants that pose a potentially serious

threat to primary production, the environment or human health, are widely distributed in an area to which an order applies and are likely to spread in the area or to another area.

Control Measures – 1. The growth of the plant must be managed in a manner that reduces its numbers,

spread and incidence and continuously inhibits its reproduction. (Indicated by a ‘1’)

2. The growth of the plant must be managed in a manner that reduces its numbers, spread and incidence and continuously inhibits its reproduction, and the plant may

not be sold propagated or knowingly distributed. (Indicated by a ‘2’)

3. The plant must not be sold, propagated or knowingly distributed. (Indicated by a ‘3’)

4. The plant must not be sold, propagated or knowingly distributed by any person other than a person involded in hay or lucerne production, and the growth of the plant must

be managed in a manner that reduces it spread abnd continuously inhibits its reproduction. (Indicated by a ‘4’)

5. The growth of the plant must be managed in a manner that reduces its numbers,

spread and incidence, and continuously inhibits its flowering and reproduction. (Indicated by a ‘5’)

6. The growth of the plant must be managed in a way that prevents any above ground

part of the plant from encroaching within 2 metres of the property boundary and the plant must not be sold, propagated or knowingly distributed. (Indicated by a ‘6’)


African Boxthorn Lycium ferocissimum 1

Arrowhead Sagittaria montevidensis 3

Bathurst/

Noogoora/Hunter/South

American/California/Cockle

Burrs

Xanthium spp. 1

Blackberry Rubus fruticosus aggregate spp. 2

Bridal Creeper Asparagus asparagoides

(Myrsiphyllum asparagoides,

Asparagus medeoloides)

2

Buffalo Burr Solanum rostratum 1

Cape Tulip Moraea spp. (Homeria spp.) 1

Columbus Grass Sorghum x almum 1

Devils Claw (purple

flowered)

Proboscidea louisianica 1

Devils Claw (yellow

flowered)

Ibicella lutea 1

East Indian Hygrophila Hygrophila polysperma 3

Golden Dodder Cuscuta campestris 1

Harrisia Cactus Harrisia spp. 2

Hemlock Conium maculatum 1

Horehound Marrubium vulgare 1

Johnson Grass Sorghum halepense 1

Lantana Lantana species 3

Leafy elodea Egeria densa 3

Lippia Phyla canescens 4

Long-leaf willow primrose Ludwigia longifolia 3

Prickly Pear Cylindropuntia spp. 2

Prickly Pear Opuntia spp. except O. ficus-

indica

2

Privet (Broad-leaf) Ligustrum lucidum 5

Privet (Narrow-leaf/ Chinese) Ligustrum sinense 5

Rhus Tree Toxicodendron succedaneum 6

Scotch/ Stemless/ Illyrian/

Taurian Thistles

Onopordum spp. 1

Silk Forage Sorghum Sorghum spp. hybrid cultivar 1

Silverleaf Nightshade Solanum elaeagnifolium 1

Spiny Burrgrass Cenchrus incertus 2

Spiny Burgrass Cenchrus longispinus 2

St. Barnaby’s Thistle Centaurea solstitalis 1

St John’s Wort Hypercium perforatum 1

Star Thistle Centaurea calcitrapa 1

Sweet Briar Rosa rubiginosa 1

Tree of Heaven Ailanthus altissima 1

Wild Raddish Raphanus raphanistrum 1

Class 5 – Restricted Plants Characteristics – Class 5 noxious weeds are plants that are likely, by their sale or sale

of their seeds or movement within the State or an area of the State, to spread in the State or outside the State.

Control Measures – The requirements in the Noxious Weeds Act 1993 for a notifiable

weed must be complied with.


African Feather Grass Pennisetum macrourum

African Turnip Weed Sisymbrium runcinatum

African Turnip Weed Sisymbrium thellungii

Annual Ragweed Ambrosia artemisiifolia

Artichoke Thistle Cynara cardunculus

Athel Tree/ Athel Pine Tamarix aphylla

Bear-skin Fescue Festuca gautieri

Burr ragweed Ambrosia confertiflora

Cabomba Cabomba caroliniana

Cayenne Snakeweed Stachytarpheta cayennensis

Clockweed Gaura parviflora

Corn Sowthistle Sonchus arvensis

Dodder All Cuscuta spp. except the native

spp. C.australis, C.tasmanica &

C.victoriana

Espartillo Amelichloa brachychaeta,

Amelichloa caudata

Fine-bristled Burr Grass Cenchrus brownii

Fountain Grass Pennisetum setaceum

Gallon’s Curse Cenchrus bilflorus

Glaucous Star Thistle Carthamus glaucus

Golden Thistle Scolymus hispanicus

Hygro Hygrophila polysperma

Mexican Poppy Argemone mexicana

Mossman River Grass Cenchrus echinatus

Red Rice Oryza rufipogon

Sagittaria Sagittaria platyphylla

(Sagittaria graminea)

Smooth-stemmed Turnip Brassica barrelieri subspecies

oxyrrhina

(Brassica oxyrrhina)

Soldier Thistle Picomon acarna

Texas Blueweed Helianthus ciliaris

Willows Salix spp.

Yellow Nutgrass Cyperus esculentus

Notifiable Weeds A notifiable weed is a noxious weed that is classified as a Class 1, 2 or 5 noxious weed. Section 15 of the Noxious Weeds Act 1993 states that ‘An occupier of land (other than a local control authority) on which there is a notifiable weed must notify the local control authority for the land of that fact within three (3) days after becoming aware that the notifiable weed is on the land’. In addition Section 16 states that ‘if it is proved that an occupier or an employee of the occupier or other person using the land ought reasonably to have known that a notifiable weed was located on the land, that is evidence that the occupier was aware that it was on the land’. Maximum penalty: 20 penalty units

Obligations

Private Land Holders (Section 12) The Noxious Weeds Act 1993 states that ‘An occupier (other than a public authority or a local control authority) of land to which a weed control order applies must control noxious weeds on the land as required under the order’. Maximum penalty: 40 penalty units. Note: if an occupier fails to comply with obligations under a weed control order, those obligations may be enforced against the owner of the land as well as the occupier by a weed control notice issued under Section 18.

Public Authorities (Section 13)

The Noxious Weeds Act 1993 states that ‘A public authority that is an occupier of land to which a weed control order applies must control noxious weeds on the land as required under the order, to the extent necessary to prevent the weeds spreading to adjoining land’.

In addition ‘A public control authority must provide information as to the name and contact details of an occupier of land owned by the public authority to the relevant local control authority, if the land is subject to a weed control order’.

Local Control Authorities (Council) (Section 14) The Noxious Weeds Act 1993 states that ‘A local control authority (Lockhart Shire Council) that is an occupier of land subject to a weed control order must control noxious weeds on the land as required under the order.

In addition ‘A local control authority must control noxious weeds on any road (other than a freeway, tollway or State work within the meaning of the Roads Act 1993) in the local area of the authority that is subject to a weed control order’, and that ‘the obligation to control noxious weeds on a road is a joint obligation with any occupier required to control the weeds under section 17 or 17A’.

Property Inspection Procedures (Extracted from Lockhart Shire Council’s Noxious Weed Control Policy as amended May 2006).

2. Procedures This section and the three following sections should be read in conjunction with the Inspectorial Procedures Flow Chart attached to this document.

2.1 Property Inspections All properties are to be inspected at least once every 4 years. Properties with known noxious weed infestations are to be inspected at least once every season.

2.2 Notice of Entry Notice of Entry is to be given in accordance with Section 43 and Section 45 of the Act.

2.3 Conducting Inspections i. Upon entering the property, call at the house, identify yourself to the owner/occupier

and state you business. Wear Lockhart Shire Council uniform and carry Certificate of Authority at all times

ii. When commencing to make an inspection, invite the occupier/owner to accompany you

iii. Comply with O,H & S requirements of owner/occupier including undertaking property specific inductions

iv. During inspection, where possible drive on lanes, tracks or as landholder requests. v. Inspect Creeks, Stock yards, Sheds, Water points, Shelter belts, Paddocks and other

areas of interest on the property vi. Where possible avoid driving through weeds. Upon completion of inspection remove

all vegetation collected on vehicle to prevent spread to other properties vii. Carry out the inspection in such a manner so as not to cause damage to crop,

property or livestock viii. Notes should be made immediately following inspection

2.4 Inspection Report On completion of the inspection, an inspection report is to be filled out, it should detail the following:

Owner &/or Occupiers name and address

Property address if different to above

Assessment No./s, Lot, DP and Parish of property

Date of Inspection

Noxious Weeds present, including scientific name, common name, class and extent of infestation

Location of infestation, written &/or mapped

Control measures in place or planned actions

Inspector’s signature The completed inspection report should be issued in person to resident owners and/or occupiers and posted to non residents. If handouts are included with the inspection report a note of this should be made on the inspection report.

2.5 Request Weed Management Upon completion of inspection if noxious weeds are present and control has not been implemented, the inspector should detail a request for weed management (control work) on the inspection report. The following should be included:

Specify action

Provide information on management options

Give a timeframe

Specify when a reinspection will occur

3. Weed Control Notices

3.1 Section 18A Notice In accordance with Section 18A of the Act this notice gives prior notice of Council’s intention to issue a Section 18 Notice should control work not be carried out. This notice is sent to all owners and/or occupiers who have received a second inspection and have not conducted adequate control and do not have a valid reason for non-compliance. A Section 18A Notice should detail the following:

Land to which the proposed Section 18 Notice relates, including property address, Lot, section, DP and Parish

The terms of the proposed notice

The noxious weeds the notice applies too

The period in which action must be taken

The period in which submissions can be made to Lockhart Shire Council (being no less than 7 days)

3.2 Section 18A Notice Appeals Process Submissions about the proposed Section 18 Notice can be made to the General Manager within 14 days of the date of the Section 18A notice. Lockhart Shire Council will consider all applications made by or on behalf of an owner or occupier.

3.3 Section 18A Appeals Committee Lockhart Shire Council has established an appeals committee, which will consider all submissions made by or on behalf of an owner or occupier. The committee will determine whether to proceed with the proposed Section 18 notice and if proceeding, whether to change its terms. The members of the appeals committee are the General Manager, the Manager of Technical Services and Council’s ERNWAG (Eastern Riverina Noxious Weeds Advisory Group) delegate.

3.4 Section 18 Notice In accordance with Section 18 of the Act this notice is given to an owner and/or occupier of land who has failed to carry out any of their obligations to control noxious weeds on the land as required by a weed control order. A Section 18 Notice should detail the following:

Land to which the proposed Section 18 Notice relates, including property address, Lot, section, DP and Parish

The terms of the proposed notice

The noxious weeds the notice applies too

The period in which action must be taken (being no less than 14 days)

The period in which submissions can be made to the Land and Environment Court (being no less than 7 days)

3.5 Section 18 Notice Appeals Process In accordance with Section 25 of the Act, a process to appeal Section 18 Notices is in place. An appeal can be made to the Land and Environment Court within the term specified in the Section 18 Notice. This term must be no less than 7 days and will default to 28 days if a term is not specified. Lockhart Shire Council has set a term of 14 days from the date of issue of Section 18 Notices in which submissions can be made to the Land and Environment Court.

4. Enforcement Upon expiry of the Section 18 Notice, an inspection (4th Inspection) is conducted on the property. If the Noxious Weeds Inspector determines that satisfactory control work has not been carried out, the following course of action should be followed:

Caution the owner and/or occupier

Inform the Manager of Technical Services, the General Manager and Council’s ERNWAG delegate of the situation

Present them with all the relevant evidence

Make a recommendation that one or more of the following actions be taken

4.1 Section 20 Section 20 of the Act provides for noxious weed control by the local control authority after a Section 18 notice has not been complied with. Entry and control should be carried out in accordance with Section 20 of the Act. In accordance with Section 26 of the Act, any reasonable expense incurred by Council in connection to a weed control notice is payable to Council. Council may recover this expense as a debt in a court of competent jurisdiction.

4.2 Self Enforcing Infringement Notice Scheme (SEINS) Council can issue a penalty notice to an owner and/or occupier who fails to comply with their obligations under any Section of the Act. Penalty notice amounts are detailed in the Noxious Weeds Act 1993- Regulation 2003 (No. 611).

4.3 Prosecution In accordance with Section 19 of the Act, Council may prosecute a land owner and/or occupier who fails to comply with a weed control notice. Penalties up to 100 penalty units apply for failure to comply with a weed control notice.

4.4 Management Plan On expiry of a Section 18 Notice, if partial control has been achieved Council may opt to allow the land owner and/or occupier to complete control by amending the weed control notice to include a property management plan. Control must be completed as specified in the agreed council approved property weed management plan. Failure to complete control under an agreed property management plan is a failure to comply with a weed control notice. As such, Council can enforce the weed control notice by undertaking one or more of the following:

Prosecution

Section 20

SEINS

Notice of Entry

No Further Action

1st Inspection

No Control or Partially Controlled

2nd

Inspection

Appeal received

Amend or Confirm Notice

No Noxious Weeds Present


No Further Action OR

Start Inspection Process Again

Issue Section 18 Notice

Revoke Notice

Appeal to Land & Environment Court

4th

Inspection


Monitor as Required

Control Done

Section 20 &/Or SEINS &/Or Prosecution

Controlled

Control Done

Noxious Weeds Present

Issue Inspection Report

Request Weed Management


3rd

Inspection

Issue Section 18A Notice


Monitor as Required

Control Done


Monitor as Required

No Control

Amend or Confirm Notice


Monitor as Required

Partially Controlled

Management Plan

Variable

14 Days

14 Days

Timeframe

Valid reason for non-compliance

Priority Species

St John’s Wort 30% of Council’s roads have medium to heavy infestations with a further 60% having isolated plants. Operations concentrate heavily on controlling St John’s Wort to prevent its spread into adjoining properties as well as aiming to reduce its numbers and distribution throughout the Shire. Only a small percentage of private land is infested, regular inspections of these properties are conducted in the appropriate season to encourage landholders to implement effective weed control programs. Properties and roads are inspected for St John’s Wort from early November until late January.

Silverleaf Nightshade Silverleaf Nightshade is found in isolated patches on several Council roads. There are only six properties with known infestations, adequate control is achieved on all known properties and roads each summer.

Spiny Burrgrass Spiny Burrgrass exists within the Shire on six roadsides. Each of these sites is sign posted, to raise awareness of the sites and discourage people from passing through them. Five of the sites are controlled chemically each year with the sixth sight having been sown with Consol Love Grass to out-compete the Spiny Burrgrass. There are currently no know infestations of Spiny Burrgrass on private property, the two previously known infestations were effectively controlled annually and recent monitoring of these sights has shown no new germinations of Spiny Burrgrass. Inspections and control of Spiny Burrgrass is carried out during the summer months each year, to prevent further spread. Council is involved in a regional control program for this weed along with other members of the Eastern Riverina Noxious Weeds Advisory Group.

Chilean Needle Grass & Serrated Tussock. Neither of these weeds is known to be present within the Shire however infestations are occurring with increasing frequency in surrounding Shires. Inspections are carried out for these weeds during routine seasonal inspections, with an increased awareness of them during their respective ‘flowering’ seasons, as they are both very distinctive when in full seed. Both of these weeds have the potential to degrade arable and non-arable land resulting in huge economic losses, as such both these weeds will be continually suppressed and destroyed should an infestation be found within this Shire.

Coolatai Grass This category 3 noxious weed has been discovered mostly in one restricted area of the Shire. With the potential to spread rapidly after setting seed (seeds spread by mowing and water movement); inspections are frequently carried out from May through to November to ensure that the weed in under control and being dealt with. Unfortunately it is not as easily identified as other weeds, particularly when amongst other species of grasses, however can be distinguished by its floral leaves at branching points of

flowering stems; and the paired, grey-white, hairy flower racemes which form a ‘V’ at the end of the branches.

Widespread Species Bathurst Burr Council roads and managed land are relatively free of Bathurst Burrs with only isolated infestations and scattered plants throughout the Shire. The majority of infested properties have isolated plants with several having medium to large infestations. Severity of infestations can change dramatically from year to year depending on the amount of summer rain the Shire receives. Private properties are inspected from December through to April to ensure control is being undertaken.

Horehound Horehound is scattered throughout the majority of Council roads, mostly as isolated plants and patches but some heavy infestations still exist, although annual control programs are reducing the size of these infestations. Horehound is present on at least 40% of rural properties. At present it is mainly found around, trees, dams and fence lines although there are a few properties that have some spread into paddocks occurring. Horehound control is carried out in autumn through to spring when the ground is moist and the plants are in active growth. Inspections for horehound take place all through the year in conjunction with other seasonal weeds.

Noxious Weeds - Calender of Operations

Month Inspections Spraying Other

January Bathurst Burr Devils Claw Silverleaf Nightshade St John’s Wort

Silverleaf Nightshade Bathurst Burr Spiny Burrgrass St John’s Wort

Chip Devils Claw

February Bathurst Burr Devils Claw Silverleaf Nightshade Spiny Burrgrass

Silverleaf Nightshade Bathurst Burr Spiny Burrgrass

Chip Devils Claw Town spraying

March Bathurst Burr Devils Claw Silverleaf Nightshade Spiny Burrgrass African Boxthorn

Silverleaf Nightshade Privet Tree suckers on roadsides Coolatai Grass Prairie Ground Cherry

April Spiny Burrgrass Silverleaf Nightshade African Boxthorn Bathurst Burr Coolatai Grass

Privet Horehound Coolatai Grass

Paterson’s Curse Biological Control

May Horehound African Boxthorn Blackberries Scotch Thistles Coolatai Grass

Coolatai Grass Horehound African Boxthorn Blackberries Roadside vegetation control

Rabbit control

June Horehound African Boxthorn Scotch Thistle Coolatai Grass

Horehound Coolatai Grass

Rabbit Control

July Coolatai Grass

Horehound General Inspections

Coolatai Grass Bridal Creeper Roadside vegetation control

Oxalis (Pleasant Hills Esplanade) Flea Beetle site monitoring

August Coolatai Grass Horehound General Inspections

Coolatai Grass Roadside vegetation control

September General inspections Wild Radish Coolatai Grass

Roadside vegetation control Coolatai Grass Wild Radish Cape Tulips

October Coolatai Grass Wild Radish St Barnaby’s Thistle Sweet Briar Wild Radish Cape Tulips Prairie Ground-Cherry

Cape Tulips Wild Radish St Barnaby’s Thistle Sweet Briar Prairie Ground Cherry Coolatai Grass

Crown weevil site monitoring

November St John’s Wort Spiny Burrgrass St Barnaby’s Thistle Prairie Ground Cherry Coolatai Grass

St John’s Wort Spiny Burrgrass St Barnaby’s Thistle Prairie Ground Cherry Coolatai Grass

December St John’s Wort Prairie Ground Cherry Coolatai Grass Silverleaf Nightshade (Maybe) Bathurst Burr (Maybe)

St John’s Wort Spiny Burrgrass Coolatai Grass Silverleaf Nightshade (Maybe) Bathurst Burr (Maybe)

St John’s Wort (Private Works)

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