Each landholder and/or occupier has a legal requirement to control biosecurity matter (weeds) on their property and should develop an effective control strategy and plan to ensure they meet their General Biosecurity Duty. Under Part 3 of the Biosecurity Act 2015, all land owners or land managers have this "Duty" to prevent, eliminate or minimise the Biosecurity Risk posed or likely to be posed by Priority Weeds.
The General Biosecurity Duty (GBD) provides that any person who deals with biosecurity matter or a carrier, and who knows (or ought reasonably to know) of the biosecurity risk posed (or likley to be posed), has a biosecurity duty to ensure that the risk is prevented, eliminated or minimised - so far as is reasonably practicable.
Simply, the general biosecurity duty means that all public and private land owners or managers and all other people who deal with weed species (biosecurity matter) must use the most appropriate approach to prevent, eliminate or minimise the negative impact (biosecurity risk) of those weeds.
Where any owner/occupier fails in their biosecurity duty to control weeds on their land, Council may issue a Biosecurity Direction that prohibits, regulates, or controls the carrying out of an activity in connection with the biosecurity matter, carrier or potential carrier identified above. It is mandatory to comply with this biosecurity direction.
Failure to comply with the conditions of a biosecurity direction could result in a penalty notice or prosecution.