❓ The WA parliamentary question clarifies the powers of the Department of Primary Industries and Regional Development (DPIRD) regarding weed and pest control on various land types and the process for non-compliance, including cost recovery. It also confirms that no external entity can direct DPIRD to issue work orders.
AnsweredQoN 1313Legislative Council
QuestionView source ↗
(1) Does the Department of Primary Industries and Regional Development (DPIRD) have the power to issue work orders for the non-compliance of weed and pest control to the owners or managers of: (a) freehold land; (b) unallocated Crown land,; (c) Crown land; (d) shire road reserves; (e) State road reserves; and (f) freehold land owned by government agencies? (2) If a work order is issued and not complied with, does the DPIRD have the power to engage a contractor to do the work and, if so, who is financially responsible for the costs of the necessary work and, if needed, who bares the legal cost of recovering the contractor fees if unpaid? (3) Does the Blackwood Biosecurity Group have the power to direct the DPIRD to issue work orders?
AnswerView source ↗
Answered
14 August 2018
Responded by
Minister for Agriculture and Food
Response time
9 days
(1) (a) - (f) Yes
(2) Yes. Under section 38 of the Biosecurity and Agriculture Management Act 2007 (Act) if a person does not comply with a Pest Control Notice the Director General may take remedial action in accordance with section 94 of the Act and recover the cost from the person accordingly. The power to take remedial action under section 94 includes power to engage contractors. If legal action is necessary to recover the costs of any remedial action taken, the legal costs are recoverable under the normal court rules.
(3) No. No entity has power to direct DPIRD to issue a Pest Control Notice under the Act.
(2) Yes. Under section 38 of the Biosecurity and Agriculture Management Act 2007 (Act) if a person does not comply with a Pest Control Notice the Director General may take remedial action in accordance with section 94 of the Act and recover the cost from the person accordingly. The power to take remedial action under section 94 includes power to engage contractors. If legal action is necessary to recover the costs of any remedial action taken, the legal costs are recoverable under the normal court rules.
(3) No. No entity has power to direct DPIRD to issue a Pest Control Notice under the Act.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.