❓ A WA parliamentary question addresses the legality of selling declared noxious plants in commercial nurseries and the Department of Agriculture's actions. The response indicates sales are not illegal, current penalties relate to failure to notify/control, and legislation is under review.
AnsweredQoN 1410Legislative Assembly
QuestionView source ↗
(1) Can commercial nurseries sell plants, seedlings or seeds of plant species that are declared under the Agricultural Protection Act to be noxious or otherwise undesirable plants within the State?
(2) If such sales are illegal, what action is taken by the Department of Agriculture to check nurseries and prevent the sale of declared plants?
(3) If such sales are illegal, what penalties exist for nurseries selling declared plants?
(4) If such sales are not illegal, will the Minister amend existing legislation or introduce new legislation to ban the sale of declared noxious plants?
(2) If such sales are illegal, what action is taken by the Department of Agriculture to check nurseries and prevent the sale of declared plants?
(3) If such sales are illegal, what penalties exist for nurseries selling declared plants?
(4) If such sales are not illegal, will the Minister amend existing legislation or introduce new legislation to ban the sale of declared noxious plants?
AnswerView source ↗
Answered
13 March 2002
Responded by
Parliamentary Secretary to the Minister for Agriculture, Forestry and Fisheries
Response time
22 days
2. It is not illegal for the situation outlined in (1). Department of Agriculture officers conduct limited random inspections of nurseries to check for plants that are declared for either the whole State or that part of the State. 3. Under the above Act (see 1(1)),there are no penalties relating to sale. With regard to failure to notify that declared plants are present, or failure to control such plants, penalty for a first offence is $200 fine. The plants may be seized or destroyed. 4. All legislation dealing with restrictions on the importation, sale and movement of regulated plants is presently under review and changes will be made where necessary. The Department of Agriculture is working with the Nursery Industry Association, and counterparts in Victoria and New Zealand to develop a practical, cost-effective means of regulating garden plants assessed as having high weediness risk.
3. Under the above Act (see 1(1)),there are no penalties relating to sale. With regard to failure to notify that declared plants are present, or failure to control such plants, penalty for a first offence is $200 fine. The plants may be seized or destroyed. 4. All legislation dealing with restrictions on the importation, sale and movement of regulated plants is presently under review and changes will be made where necessary. The Department of Agriculture is working with the Nursery Industry Association, and counterparts in Victoria and New Zealand to develop a practical, cost-effective means of regulating garden plants assessed as having high weediness risk.
4. All legislation dealing with restrictions on the importation, sale and movement of regulated plants is presently under review and changes will be made where necessary. The Department of Agriculture is working with the Nursery Industry Association, and counterparts in Victoria and New Zealand to develop a practical, cost-effective means of regulating garden plants assessed as having high weediness risk.
3. Under the above Act (see 1(1)),there are no penalties relating to sale. With regard to failure to notify that declared plants are present, or failure to control such plants, penalty for a first offence is $200 fine. The plants may be seized or destroyed. 4. All legislation dealing with restrictions on the importation, sale and movement of regulated plants is presently under review and changes will be made where necessary. The Department of Agriculture is working with the Nursery Industry Association, and counterparts in Victoria and New Zealand to develop a practical, cost-effective means of regulating garden plants assessed as having high weediness risk.
4. All legislation dealing with restrictions on the importation, sale and movement of regulated plants is presently under review and changes will be made where necessary. The Department of Agriculture is working with the Nursery Industry Association, and counterparts in Victoria and New Zealand to develop a practical, cost-effective means of regulating garden plants assessed as having high weediness risk.
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