Purpose:

This legislation provides for the management, control, and prevention of certain plants and animals, the prohibition and regulation of their introduction and spread, and the general protection of agriculture and related resources.

Objectives:

• To manage, control, and prevent specific classes of plants and animals.
• To prohibit and regulate the introduction and spread of certain plants.
• To prohibit and regulate the introduction, spread, and keeping of certain animals.
• To protect agriculture and related resources from danger or detriment caused by the storage, use, or transport of prescribed agricultural chemicals.
• To ensure the eradication of declared plants (P2) and non-native declared animals (A2).
• To reduce the numbers or distribution of specific declared plants (P3) and declared animals (A5).
• To prevent the spread of specific declared plants (P4).
• To manage and regulate the movement, numbers, and distribution of native declared animals (A7) through approved programmes.

Key Provisions:

• The Minister may declare classes of plants and animals as “declared plants” or “declared animals” and assign them to specific categories for control.
• Categories for declared plants (P1-P5) and declared animals (A1-A7) define the required control measures, including prohibition of introduction, eradication, reduction of numbers, prevention of spread, and management programmes.
• The Director General must maintain a publicly accessible list of all declared plants and animals and their categories.
• Inspectors and authorised persons are empowered to carry out operational work for the control of declared plants and animals on any place other than a dwelling.
• The Act provides for the protection of agriculture and related resources from agricultural chemicals, including prohibitions and regulations on their storage, use, and transport.
• Inspectors and authorised persons are granted powers of entry and search onto land, premises (with limitations for dwellings), and conveyances (vehicles, vessels, aircraft, trains) for compliance monitoring.
• Regulations can be made by the Governor to specify measures, prohibitions, and fees related to the control of declared plants and animals, and the handling of agricultural chemicals.

Evidence of Compliance Requirements For Agricultural Organisations:

• Control of Declared Plants and Animals:
  • Organisations must destroy, prevent, and eradicate declared plants of a class assigned to category P2. This requires evidence of active measures such as physical removal, chemical application, or biological control.
  • Organisations must destroy, prevent, and eradicate declared animals of a class assigned to category A2 (non-native). This requires evidence of active measures such as trapping, culling, or other eradication efforts.
  • Organisations must destroy, prevent, and eradicate declared plants of a class assigned to category P3, OR take measures approved by an inspector or authorised person to reduce their numbers or distribution. Evidence required includes documentation of approved measures, and records of actions taken (e.g., spray logs, contractor invoices, population survey data).
  • Organisations must destroy, prevent, and eradicate declared plants of a class assigned to category P4, OR take measures approved by an inspector or authorised person to prevent their spread. Evidence includes documentation of approved measures, and records of actions taken to contain spread (e.g., mapping of infestation, control boundaries, buffer zone treatments).
  • Organisations must take prescribed action for declared plants of category P5. Evidence requires adherence to specific actions outlined in regulations.
  • Organisations must destroy, prevent, and eradicate declared animals of a class assigned to category A5, OR take measures approved by an inspector or authorised person to reduce and restrict their number. Evidence includes documentation of approved measures, and records of actions taken (e.g., trapping records, culling reports, population monitoring data).
  • Organisations must implement and adhere to management programmes for declared animals of category A7 (native animals), including acts, matters, and things for the management and regulation of their movement, numbers, and distribution. Evidence includes documented adherence to programme guidelines and activity logs.
• Prohibition and Regulation of Introduction, Spread, and Keeping:
  • Organisations must prohibit the introduction into and movement within an area of declared plants of category P1. Evidence includes screening processes for incoming materials and internal transport protocols.
  • Organisations must prohibit the introduction into an area of declared animals of category A1. Evidence includes robust biosecurity protocols and entry point controls.
  • Organisations must prohibit the keeping of declared animals of category A3 in an area. Evidence includes inventory management and removal procedures for such animals.
  • Organisations must ensure the introduction of declared animals of category A4 into an area is subject to conditions and restrictions. This requires obtaining and adhering to specific permits and their associated conditions imposed by or under regulations. Evidence includes valid permits and records demonstrating compliance with permit conditions.
  • Organisations must ensure the keeping, sale, or disposal of declared animals of category A6 is subject to conditions and restrictions. This requires obtaining and adhering to specific permits and their associated conditions imposed by or under regulations. Evidence includes valid permits and records demonstrating compliance with permit conditions.
  • Organisations handling animals with wool or other animal coats must shear or clip them if known or likely to be carrying seeds of declared plants, as prescribed by regulations. Evidence includes records of shearing/clipping operations and seed control measures.
  • Organisations must submit animals or things for inspection, detention, cleansing, treatment, and disposal if found or likely to carry prohibited material or declared plants. Evidence includes records of cooperation with inspectors and documentation of treatment/disposal.
  • Organisations are liable for expenses incurred by department officers in connection with the control of animals, things, or prohibited material. Evidence includes payment of such expenses.
  • Organisations must pay prescribed fees for the issue of permits and for carrying out inspections related to the introduction or movement of declared material. Evidence includes fee payment records.
• Storage, Use, and Transport of Prescribed Agricultural Chemicals:
  • Organisations must store, use, and transport prescribed agricultural chemicals in a manner that conforms to regulations. Evidence includes documented adherence to regulatory guidelines for chemical handling, storage facilities, transport manifests, application records (e.g., spray dates, chemical types, application rates), and staff training records.
  • Organisations must allow the taking of samples of chemicals by authorised persons.
  • Organisations must comply with directions for the removal of chemicals if issued.
• General Compliance and Powers of Entry/Inspection:
  • Organisations must permit inspectors or authorised persons to enter land and premises (excluding dwellings without a warrant) to conduct searches for declared plants, animals, prohibited material, or chemicals, and to inspect fences. This requires allowing access and cooperation.
  • Organisations must comply with warrants for entry into dwellings issued by a justice for search and action related to declared plants, animals, or chemicals.
  • Organisations must allow inspectors or authorised persons, with or without assistants or contractors, ingress, egress, and regress onto land with necessary vehicles, instruments, appliances, and materials for a reasonable period to carry out their duties.
  • Organisations must stop vehicles or vessels when required by an inspector or authorised person.
  • Organisations must provide their name and address upon request by an inspector or authorised person. Occupiers must provide the name and address of the land owner to the best of their knowledge.
  • Organisations must not obstruct, hinder, or resist an inspector or authorised person, or refuse or fail to comply with lawful requirements, or make false statements or mislead them.
  • Record-Keeping:
    • Occupiers of land served with a notice must inform the owner of the land as soon as practicable. This requires a record of notification or communication.
    • Records of ownership or occupancy (e.g., property titles, lease agreements, rate records) may be used as proof in legal proceedings.
    • Certificates from the Director General regarding the classification of a plant or animal will be considered sufficient evidence unless proven otherwise, implying a need for organisations to verify the status of plants/animals they possess.
  • Inspection/Audit Requirements:
    • Land, premises, vehicles, vessels, aircraft, and trains are subject to search and inspection by authorised personnel.
    • Fences on or bounding land are subject to inspection.
    • Inspections may be conducted to determine eligibility for and compliance with permits.
  • Measurement Standards and Time Frames:
    • Specific time frames for compliance measures (e.g., control efforts) are to be prescribed in regulations.
    • Measurement standards for success (e.g., “reduce numbers,” “prevent spread”) will be determined by regulations or approval from an inspector.

Metadata Keywords:

Agriculture protection, declared pests, biosecurity, pest control, weed control, animal control, agricultural chemicals, Western Australia, land management, compliance.

Publication Information:

Publication date: 27 Apr 2015 Version number: 04-b0-04

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 26-07-2025

URL:

https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_27548.pdf/$FILE/Agriculture%20and%20Related%20Resources%20Protection%20Act%201976%20-%20%5B04-b0-04%5D.pdf?OpenElement →