Person not to remove weeds etc.
81 Person not to remove weeds etc.
A person must not do any of the following things in a declared fish habitat area—
remove weeds;
use a pesticide;
carry out biological control of a pest.
Maximum penalty—20 penalty units.
Also, a person must not do a thing mentioned in subsection (1) outside a declared fish habitat area if doing the thing is likely to affect fish habitat in the declared fish habitat area.
Maximum penalty—20 penalty units.
However, subsection (1) or (2) does not apply to a person doing a thing mentioned in subsection (1) if the person does the thing in compliance with the fish habitat area code of practice.
In this section—
biological control, of a pest, means controlling the presence or spread of the pest by introducing a natural enemy of the pest, including, for example, a natural predator of the pest or a bacteria or virus that may be harmful to the pest.
fish habitat area code of practice means the code of practice under section 125A of the Act called ‘Fish Habitat Area code of practice—The lawful use of physical, pesticide and biological controls in a declared Fish Habitat Area’.
Note—
The code is—
available for inspection, free of charge, by arrangement with the chief executive; and
published on the department’s website.
pest means—
prohibited matter or restricted matter under the Biosecurity Act 2014; or
biosecurity matter under the Biosecurity Act 2014 that is—
controlled biosecurity matter under section 124(1) of that Act; or
regulated biosecurity matter under section 128(1)(a) of that Act; or
another pest or disease declared under a law of the State, the Commonwealth or another State.
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