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Role of Local Government in Environmental Weed Control

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Role of Local Government in Environmental Weed Control 134 Plant Protection Quarterly Vol.6(3) 1991 officially be controlled by Local Govern- Role of Local Government in environmental weed ment. However, in municipalities around Melbourne’s urban-rural fringe, there are control a range of non-noxious weeds (environ- mental weeds) invading bushland as well Ian Stevenson, Shire of Mornington, Queens Street, Mornington, Victoria 3931, as urban areas. Although there may be Australia. some interest in controlling these weeds, neither State nor Local Government are empowered under the Vermin and Nox- Summary tion or do not occur in the State, are borne ious Weed Act to do so. Local Government has the legislative by the Department of Conservation and Attempts by some Councils to control power to control weeds on both private Environment (DCE). Landholders are re- noxious weeds usually consists of issuing and public land. In particular, the Local quested to control weeds in Categories 2 infringement notices for the removal of Government Act 1989 and Planning and and 3 on their properties and Category 3 blackberry (Rubus fruticosus spp. agg.), Environment Act 1987 provide opportu- weeds on their adjoining half width of often following a complaint from nearby nities for local Councils to enforce envi- roadside. Non-urban municipalities are residents. It is normally blackberry which ronmental weed control. Successful responsible for controlling weeds in these is referred to by municipal fire preven- weed control campaigns have occurred categories where they occur on public tion officers (most of whom have little in many urban-rural fringe municipali- land (reserves, roadsides, Crown Land) ecological training) when issuing fire haz- ties around Melbourne. Furthermore, managed by Local Government. ard notices under the Country Fire Author- Local Government has the ability to ini- In 1987, the Dandenong Region of DCE ity Act 1958. Under the 1973 schedule of tiate a range of non-regulatory activities found that due to expanding urbaniza- the Act, fire hazard notices (in by producing policy and education strat- tion, it was not possible for the Depart- Mornington Shire) may state ‘Dispose of egies as well as creating incentives for ment to enforce the Vermin and Noxious all bracken, undergrowth, noxious environmental weed control. Weed Act on all urban and rural residen- weeds, other weeds and grass over the tial properties. To make the most of height of 75 mm’. The referral to ‘other Introduction dwindling resources, it decided to focus weeds’ is discretionary and vague but Local Government is in close contact with its efforts on specific weeds in designated provides an opportunity for the removal the community and can have an impact areas, particularly agricultural, horticul- of environmental weeds. on control of environmental weeds on tural and public land. Consequently, DCE Another opportunity available to Local both public and private land. Local Gov- will not service properties where the av- Government for control of environmen- ernment has some selective and limited erage landholding is under two hectares. tal weeds is the creative use of the Local legislative power which is explored in this If municipalities wished to enforce vermin Government Act 1989 which permits a paper. Just as importantly, Local Govern- and noxious weeds control in these urban council to pass local laws (By-Laws) for ment has the ability to use a range of non- areas, they are able to use discretionary any matter which it ‘deems to have a regulatory activities to achieve control of powers under the Local Government Act function’. Accordingly, the Shire of environmental weeds. when deemed to be necessary. DCE will, Eltham is formulating a local law to re- however, provide weed control advice strict the sale and presence of a range of Legal powers and information to both private and pub- environmental weeds declared by the The Local Government Act 1958, under sec- lic landholders. Council. This local law aspires to achieve tion 696A, gives power to Local Govern- Under the Vermin and Noxious Weed two goals: ment authorities to notify the owner or Act, Local Government can issue weed re- 1. Prohibit the sale of environmental occupier of a property ‘to destroy any moval notices in both urban and rural weeds from nurseries within the Shire; weed which is a noxious weed within the precincts within its municipal boundaries. 2. Sanction the issuing of infringement meaning of the Vermin and Noxious Weeds Therefore, it has powers similar to those notices for private land that direct the Act 1958’. The latter Act aimed to achieve of State Government. A survey of eight owner to remove declared environ- two primary objectives: Local Government bodies in the Mel- mental weeds. 1. To stop the spread of vermin and bourne urban-rural fringe showed that This law is still to be enacted. No doubt, it weeds from contaminated to clean ar- noxious weed infringement notices were will be watched with interest by munici- eas of the State and; not being issued. Reasons for this in- palities wishing to create similar laws. Lo- 2. To protect one property owner from cluded: lack of resources, ‘not a Council cal laws must not conflict with any other another where the latter is not under- priority’ or an inability for Council to legislation and can be challenged in court. taking responsible vermin and weed ‘clean up its own backyard’. The occur- Community support for the principle of management programs. rence of dense weed infestations on its environmental weed control will be a nec- The use and value of this legislation is lim- public reserves make it very difficult for essary requirement before the local law is ited for Local Government. The Vermin Councils to attempt to control weeds officially passed. The commitment by and Noxious Weeds Act relates to rural ‘over the fence’ on private land. Further- council to resource the action with en- land-use practices and weeds of agricul- more, some Councils are averse to fur- forcement officers is also fundamental to tural importance and is more applicable ther diversification of their services, espe- the law’s effectiveness in weed control. It to municipalities outside the Melbourne cially in hard economic times. Some are may be advisable to phase in the controls and Metropolitan Area. also wary of State Government passing in more weed-prone or ecologically sen- In recent years, the then Department of their initiatives onto Local Government, sitive areas and establish effective com- Conservation, Forests and Lands (CFL) imparting increased responsibilities to munity acceptance for the law before ex- determined that it would be more effi- Local Government without commensu- panding it to the entire municipality. cient to have four categories of noxious rate increases in financial resources. Another opportunity for Local Govern- weeds and thus direct State Government ment to influence environmental weed resources towards high priority species. Legislation for environmental weeds? control is through its statutory planning Control costs for Category 1 noxious At present, only plants declared under responsibilities. The Planning and Environ- weeds, species that have limited distribu- the Vermin and Noxious Weeds Act can ment Act 1987, which determines the basis Plant Protection Quarterly Vol.6(3) 1991 135 for local planning schemes for a munici- cluded on the revegetation schedule. Ex- and seek privacy and refuge in rural resi- pality, is the legislative tool. This Act al- periences in Mornington have shown that dential living (Wagner 1975). Perhaps it is lows for conservation provisions and many landscape designers and develop- this background that has reduced the im- vegetation protection laws, offering a lo- ers are willing to co-operate; many are portance of noxious agricultural weeds cal authority legal powers to regulate not familiar with local weed problems and but highlighted the threat of environ- vegetation removal on private land. Cou- are grateful for the advice. However, en- mental weeds to bushland in these areas. pled with the statewide regulations on forcement of the landscape plans is criti- Consequently, it is the communities in native vegetation removal, which are in- cal. Frequently, the species planted are municipalities such as Eltham, cluded in every planning scheme within not those on the original council-en- Sherbrooke, Mornington, Hastings and Victoria, it is possible for a Council to af- dorsed plan as it can sometimes be diffi- Flinders that are most active in environ- fect the type and form of vegetation on cult to acquire all listed plants from nurs- mental weed control. private land. eries. The success of weed removal cam- Loss of native vegetation, due to urban paigns frequently depends on the links expansion may be retarded by vegeta- Problems in implementation developed between Council and the com- tion protection laws. Opportunities for Planning scheme provisions may be diffi- munity. Local environment groups and environmental weed invasion are there- cult to implement because of a misunder- schools have assisted with the removal of fore minimized. In many bayside munici- standing of the terms. Terms such as environmental weeds, such as sallow wat- palities, the gradual loss of coastal tea-tree ‘weed’, ‘pest plant’, ‘native’ and ‘exotic’ tle (Acacia longifolia (Andr.) Willd.) and (Leptospermum laevigatum (J.Gaertn.) F. are vague and open to interpretation. sweet pittosporum (Pittosporum Muell.) along roadsides, foreshores and Planners and other enforcement officers, undulatum Vent.) In Frankston, Local private land has resulted in the invasion most of whom have little or no ecological Government crews concentrate on weed of grasses such as Pennisetum training, lack expertise to interpret cor- removal in areas where community as- clandestinum Hochst. (kikuyu grass), rectly these terms. sistance is available. The involvement of Ehrharta erecta Lam. (panic veldt grass) The lack of broad ecological principles schools, environment groups and ‘friends and Briza spp. (quaking grasses) and the and protection in Local Planning Schemes groups’ not only assist labour-intensive subsequent displacement of most herba- is evident from studies by Durkin (1990).
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