Plague locust program compliance/enforcement

The policy was developed to provide guidance for the enforcement of legislation relating to locust control operations. It has been developed to formally articulate the roles and responsibilities of Livestock Health and Protection Authority (LHPA) staff, acting in their capacity as authorised officers under the Rural Lands Protection Act 1998 ('the Act').

The Policy has been issued with the concurrence of the Director-General of NSW Department of Primary Industries (NSW DPI) under Clause 6.2 of the Memorandum of Understanding between the Director-General of NSW DPI and State Council of the NSW Rural Lands Protection Boards, and has been formally adopted by the Plague Locust Management Group (PLMG).

The PLMG consists of members from NSW DPI, NSW Farmers Association (NSWFA) and the LHPAs. The agreed stated objectives of the locust control program, as agreed by the PLMG are:

  • To control locusts in the immature or nymph form while they are on the ground in bands and before they swarm.
  • To efficiently and effectively minimise damage to NSW crops and pasture caused by pest locusts.
  • To minimise damage via a comprehensive monitoring program and a timely and effective short-term eradication strategy which will eliminate the possibility of subsequent breeding.
  • To encourage control, on the part of land managers (private and public), as a critical element for effective locust management.

To meet the above objectives there is a need to ensure compliance by land managers through their obligations under the Act, by:

  • ensuring LHPA staff understand the requirements of the Act;
  • ensuring LHPA staff are implementing enforcement under the Act;
  • ensuring land managers understand their obligations under the Act;
  • providing positive feedback to ensure correct use of the Act;
  • vigorously, and immediately, conducting a full investigation of offences which have either been reported to the LHPA, or identified via surveillance, and applying subsequent enforcement action both fairly and consistently;
  • monitoring compliance and use of the Act (against non-compliance).

Three Pest Control Orders made pursuant to the Act are currently in place relating to the following pest insects:

  • Migratory locust
  • Spur-throated locust
  • Australian plague locust.

The most expedient and effective method for control and suppression of pest locusts is to eradicate them at the immature or nymph stage while they are on the ground, in bands, and before they mature to flight stage. For this reason active participation in monitoring and notifying the presence of any locust activity to LHPAs by land managers is essential for the effective and efficient control and suppression of plague locusts with the aim of eradication. Compliance with, and enforcement of, the land manager obligations imposed by the current locust Pest Control Orders will be required to meet this objective.

Policy

Roles and responsibilities

LHPAs have the primary responsibility for enforcing compliance with the Act and any Orders made pursuant to the Act. LHPAs are required to maintain sufficient staff levels to ensure an adequate regulatory presence in their district.

LHPA Rangers are appointed as inspectors under the Act. The primary role of an Inspector is to ensure compliance with legislation. There are various ways of achieving this, including improving knowledge and understanding, monitoring compliance and providing feedback to industry, the LHPA and NSW DPI; detecting and investigating breaches; and through prosecution or other enforcement action. Enforcement activities against clear breaches of the Act and the Regulation should be appropriate to the offence.

A key role of inspectors with regard to plague locust control is to monitor compliance with the requirements of the Act by land managers of private and public lands and to take appropriate enforcement action when non-compliance is detected. This acts as a visible and demonstrable deterrent to non-compliance.

Land managers

It is a land manager’s responsibility under Part 11, Section 143 of the Rural Lands Protection Act 1998 and the associated Pest Control Orders of the three declared pest insects to immediately notify the local LHPA of the presence and to suppress and control declared pest insects on land occupied by them.

Enforcement

Notification Obligation

There is a Notification Obligation under the current Pest Control Orders requiring the occupier of controlled land to give the LHPA for the district in which the land is situated notice of the presence of the pest (at all stages of the life cycle including eggs) on the land as soon as is practicable after becoming aware of its presence. N.B. As a recommended guideline, and in normal circumstances, within a 48 hour period is to be considered '…as soon as practicable…'.

Prompt notification to the local LHPA is critical to ensure that strategies can be put in place to guarantee control of the pest during the most effective stage for eradication.

In order to contain the identified threat, LHPA staff should investigate enforcement of the Notification Obligation when they identify properties on which:

  • locusts are in such numbers as to present a potential threat;
  • the land manager cannot provide any reasonable explanation for non-compliance with the Notification Obligation.

General Destruction Obligation

There is a General Destruction Obligation under the current Pest Control Orders requiring the occupier of controlled land to eradicate the pest by any lawful method.

In order to contain the identified threat, LHPA staff should investigate enforcement of the General Destruction Obligation in every instance where they identify properties on which:

  • nymphs have banded; and
  • the land manager cannot provide any reasonable explanation for non-compliance with the General Destruction Obligation.

Failure to comply with an Eradication Order (Individual or General)

LHPA staff should initiate enforcement procedures in all instances.