Local Land Services South East Regional Strategic Weed Management Plan 2023-2027 10
The NSW Biosecurity Act 2015
(the Act) is the key legislation
directing weed management and
the implementation of this plan.
This Act is administered by NSW
Department of Primary Industries.
The Act provides a framework for the prevention,
elimination and minimisation of biosecurity risks
posed by:
• biosecurity matter such as weeds
• dealings with biosecurity matter such as
weeds
• carriers of biosecurity matter.
It:
• promotes the principle of government,
industry and the community sharing
responsibility for biosecurity risks (including
weeds)
• applies equally to all land in the state,
regardless of tenure, and to all people
• is premised on the concept of risk, so that
weed management investment and response
is appropriate to the risk.
Local control authorities have weed control
functions under s.371 of the Act, and must:
• prevent, eliminate, minimise and manage the
biosecurity risk posed or likely to be posed by
weeds on their lands
• develop, implement, coordinate and review
weed control programs
• inspect land in connection with their
functions under the Act
• keep records about the exercise of their
functions under the Act
• report to the Secretary about the exercise of
their functions under the Act.
Local control authorities appoint authorised
officers who can exercise the powers available
under the Act. This enables the local control
authority to deliver these functions.
Local control authority
The council of a local government area is the
local control authority for land within that local
government area unless the weed control functions
for that area have been conferred on a county
council or joint organisation (within the meaning of
the Local Government Act 1993) under any other Act.
If the weed control functions for an area have been
conferred on a county council or joint organisation,
the county council or joint organisation is the local
control authority for that area.
General biosecurity duty
In keeping with its premise that biosecurity is
a shared community, industry and government
responsibility, the Act introduces the legally
enforceable concept of a general biosecurity duty.
Under the Act, all people who deal with plants
through their commercial, professional, volunteer,
recreational or lifestyle activities have a duty to
be aware of the impacts the plants they deal with
might cause, and must take action to remove or
reduce the likelihood of those impacts occurring.
Section 22 of the NSW Biosecurity Act 2015
Dealings
The definition of “dealings” includes keep, have
possession, care, custody or control of, produce,
manufacture or supply, import, acquire, buy,
sell, swap, dispose of, move, release, use, breed,
propagate, grow, raise, feed or culture, experiment
with, display, enter into an agreement or other
arrangement which another person deals with,
agree to deal with, cause or permit a dealing with or
anything prescribed by the regulations as a dealing
with, or engaging in a dealing with, biosecurity
matter or a carrier.
Section 12 of the NSW Biosecurity Act 2015
2.2 NSW Biosecurity Act 2015