What do Weeds have to do with Quarries?

The Catchment and Land Protection Act 1994

The fact that weeds are estimated to cost Australia 9 billion dollars annually highlights the importance of weed management and the need to reduce the spread of any weed species. The Victorian government is increasing the focus on pathways of weeds spread and how to prevent further movement of weeds by working with linear reserve and quarry managers.

Quarry owners in particular need to be concerned with weeds on their land as customers, who purchase quarry product, are becoming increasingly aware of the negative impacts of weeds on their business and the environment and will not tolerate paying for weed infested material. Many contracting companies who undertake contract work for government and semi-government agencies will now have it written into their contract agreements that material brought into construction areas, such as roads or pipelines must be free of weed seeds or other propagules (parts of weeds capable of growing).

Quarry owners have a legal responsibility to supply product that is free of any declared noxious weed.

What is a weed?

The word ‘weed’ is used for any plant that is growing where it is not wanted but under the Catchment and Land Protection Act 1994 (CaLP Act) specific plant species are declared by law to be noxious. There are four categories of declared noxious weeds, with each category having different requirements.

State Prohibited Weeds – either don’t occur in Victoria or if they do occur, they occur at a level that eradication should be possible. The Department of Primary Industries (DPI) is responsible for the control of this weed on all land in Victoria.

Regionally Prohibited Weeds – either don’t occur in a region or are at a level where it is expected that the weed can be eradicated from the region. Landowners are responsible for control of these weeds on their land.

Regionally Controlled Weeds – occur in a region but have not yet reached their full distribution. It is the responsibility of landowners to control these weeds on their land and unless exempted, on adjoining roads.

Restricted Weeds – don’t have to be controlled but can’t be traded, sold, moved to cause further spread.

The list of declared weeds and their particular categories can be found in an Information Note produced by the Department of Primary Industries that is available on the Departmental web site – www.dpi.vic.gov.au/weeds

State Prohibited Weeds

Shrubs/Trees
• Camel thorn (Alhagi maurorum)
• Giraffe thorn (Acacia erioloba)
• Karoo thorn (Acacia karroo)
• Mesquite (Prosopis spp)

Tussock grasses
• Lobed needle grass (Nassella charruana)
• Mexican feather grass (Nassella tenuissima)

Other land plants
• Alligator weed (Alternanthera philoxeroides)
• Black knapweed (Centaurea nigra)
• Branched broomrape (Orobanche ramose)
• Hawkweed (Hieracium spp)
• Horsetails (Equisetum spp)
• Ivy-leafed sida (Malvella leprosa (Sida leprosa))
• Knotweeds
• Marijuana (Cannabis sativa)
• Nodding thistle (Carduus nutans)
• Perennial ragweed (Ambrosia psilostacha)
• Parthenium weed (Parthenium hysterophorus)
• Poverty weed (Iva axillaris)
• Tangled hypericum (Hypericum triquetrifolium)

Aquatic Plants
• Lagarosiphon (Lagarosiphon major)
• Salvinia (Salvinia molesta)
• Water hyacinth (Eichhornia crassipes)

Legal responsibility of the quarry owner

Section 71(c) of the CaLP Act states “A person must not, without a permit from the Secretary, remove or cause to be removed or sell soil, sand, gravel or stone which contains or is likely to contain any part of a noxious weed, or which comes from land on which noxious weeds grow”.

‘The Secretary’ is the Secretary of the Department of Sustainability and Environment.

The Department of Primary Industries implements provisions of the CaLP Act including the issue of permits, on behalf of the DSE. To organise a permit quarry operators need to contact a local Pest Management Officer from the DPI.

How can individual quarry operations conform to the CaLP Act 1994?

Quarry owners (like any landowner) must eradicate regionally prohibited weeds and prevent the growth and spread of regionally controlled weeds on their land. This requirement is imposed by the CaLP Act which, along with other things, spells out the duties of landowners and also includes the offences for moving declared noxious weeds.

The best way for quarry operators to protect their business from the risk of prosecution, is for them to know what weeds they have on their sites and which of those weeds are declared under the CaLP Act 1994.

It would be time well spent to have an employee, with a sound knowledge of weed identification, or employ an environmental contractor to survey the area and map the weed species.

Once this is done a weed control plan needs to be developed for the weed species that are present. Sometimes operators may need to modify their operation so that they do not harvest quarried material from a site that contains a noxious weed until that weed has been eradicated from the area.

Once a declared noxious weed has been found at an extractive industry site (ie. Quarry) a permit is required for that site to continue to operate without committing a CaLP Act offence.

Permit conditions

Each permit may have different conditions depending on the weed species and the situation in which it grows. Conditions will be based around what activities need to occur (or not occur) to ensure that the weed species are not spread. Two main activities will generally be concerned with controlling the weed and stopping (or modifying) activities that would move viable parts of the weed.

Control of the weed is important so that viable seeds (or other parts of the plant that is capable of growing) are not produced.

Changing activities such as not exposing machinery to a particular weed will be an important factor in stopping the spread of that weed species.

Why control weeds that are not declared?

Many other weeds cause serious problems to the environment, economy and society. Stopping the spread of these weeds is important for the greater community. It is also important for the quarry industry to protect its reputation. Reputation is an important component of any successful business.

But more importantly businesses put them selves at risk of civil litigation if they are found to have caused the introduction of a weed species that causes loss to another person.

In conclusion

Many extractive industry sites have declared noxious weeds. Businesses should not be embarrassed if they have these species but they do need to be proactive in ensuring they are protecting their business simply by complying with the CaLP Act.

Advice on weed issues is available from the DPI’s web page:
www.dpi.vic.gov.au/weeds

DPI Customer Service Centre Phone: 136186
DPI offices will provide local contact details.

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