Compliance framework – C3 weeds
Widespread and established weeds (or “C3 weeds”) are defined as plant species declared under section 22(2) of the Biosecurity and Agriculture Management Act 2007 (BAM Act). They are categorised in the C3 (management) control category under the Biosecurity and Agriculture Management Regulations 2013.
Compliance describes a spectrum of activities ranging from voluntary compliance by landholders with the BAM Act to serious non-compliance with the requirements of the BAM Act and/or regulatory instruments issued under the BAM Act.
The community coordinated approach to management and regulation of C3 weeds places emphasis on landholders complying with their responsibilities under the BAM Act to control declared weeds in an effective way by coordinating with neighbouring properties. Through a range of engagement processes, a high level of compliance can be achieved.
The role of the Department of Agriculture and Food, Western Australia (DAFWA) is in supporting voluntary compliance through building capacity within industry and community to control C3 weeds and other declared pests. DAFWA has a further capability to enforce compliance of C3 weeds through regulatory provisions under the BAM Act.
Enforcement of compliance is most effective if applied with the range of compliance options for control of C3 weeds. Enforced control is not effective for C3 weeds without other forms of compliance being adopted. Accordingly, DAFWA will enforce compliance of C3 weeds with impact on agricultural assets or agricultural productivity only where there is sustained community action in management of the weeds, and where it is considered feasible and cost-effective to do so. Sustained community action is typically via activities of biosecurity or other groups that have identified the weed species as a high profile weed for the group.
This document sets out the compliance framework applied to C3 weed species. It also provides a 3-year implementation plan that is relevant to C3 weeds in the south-west of Western Australia. The plan will be reviewed annually.
The compliance framework relevant to the community coordinated approach for control of C3 weeds is represented in Figure 1. This shows the respective roles of biosecurity groups and DAFWA at various stages of a compliance triangle.
There are minor and major consequences of non-compliance, as shown in Figure 1. Minor consequences relate (but are not limited) to non-compliance with non-legislative tools such as best practice weed control (such as with agreed Local Best Practice guidelines) or with the management control advisory letters sent by biosecurity groups to landholders.
Major consequences of non-compliances are related (but not limited) to non-compliances with legislative tools under the BAM Act.