Section 22, one phrase at a time
The NSW Government’s biosecurity page prints section 22 whole. It is one sentence:
“Any person who deals with biosecurity matter or a carrier and who knows, or ought reasonably to know, the biosecurity risk posed or likely to be posed by the biosecurity matter, carrier or dealing has a biosecurity duty to ensure that, so far as is reasonably practicable, the biosecurity risk is prevented, eliminated or minimised.”
Biosecurity Act 2015 (NSW), s 22, as quoted by the NSW Government
Taken apart, it has four pieces.
- “Any person who deals with”
- The duty begins with a dealing, not with owning land. Section 12 of the Act sets out what dealing includes, and one subsection of it reaches every block (below).
- “knows, or ought reasonably to know”
- The NSW Government’s page puts it plainly: “You are not expected to know about all biosecurity risks, but you are expected to know about risks associated with your industry, business, day-to-day work and hobbies.”
- “so far as is reasonably practicable”
- These words set the measure of the duty. They sit in the section itself, and any summary that leaves them out says more than the Act does.
- “prevented, eliminated or minimised”
- The outcome the duty aims at, in the section’s own words: the biosecurity risk “prevented, eliminated or minimised”, so far as is reasonably practicable.
What is on the land counts as the occupier’s
Subsection 12(2) treats the occupier of land as having possession of any biosecurity matter or carrier on that land. The occupier is relieved of that only by showing that it was in the “possession, care, custody or control” of someone else.
Agency pages put the same idea in everyday terms. Set side by side, the difference is the conditions:
How the agencies say it
- “If you own, occupy or manage land in NSW, you have a responsibility to be aware of pest animals and weeds on your land and take action to effectively manage them.” (NSW Government)
- “All land owners/occupiers are responsible for managing pest animals on their land.” (Greater Sydney’s regional pest animal plan)
How the Act says it
- A duty for a person who deals with biosecurity matter or a carrier and knows, or ought reasonably to know, the risk.
- Measured by what is reasonably practicable.
- An occupier is taken to possess what is on the land, unless they show another person had it.
The regional plan adds one more line that matters on a fence line: “All land managers, regardless of whether on private or public land, have the same responsibilities.” The manager of a reserve over your back fence has the same responsibilities as you do.
Failing the duty is an offence
Under section 23(1), a person who fails to discharge their biosecurity duty is guilty of an offence. Subsection (2) sets out when it is a category 1 offence; in any other case it is a category 2 offence. This guide does not give the penalties; the Act is linked at the foot of the page.
What the duty looks like for pest animals
The NSW Government’s species pages each name the duty. They are written for landholders, so read them with the conditions above.
| Animal | What the page says |
|---|---|
| Fox | “As a landholder, you’re responsible for controlling foxes on your property as part of your General Biosecurity Duty in NSW.” |
| Wild rabbit | “Landholders must reduce risks from pest rabbit populations on their land to meet their General Biosecurity Duty.” |
| Feral deer | “Every landholder has a General Biosecurity Duty to reduce risks caused by feral deer by undertaking control activities.” |
As for how, the duty page says effective control means combining techniques such as baiting, trapping and shooting. The control methods page adds that working with your neighbours across a broad area gives better results, and suggests seeking advice from Local Land Services before going ahead with a control plan.
What the regional plan says about the Hills
Every Local Land Services region has a strategic plan for pest animals and weeds. Greater Sydney’s plan treats as pest animals species, other than native species, that present a biosecurity risk. Among the species it gives a section of their own:
| Species | What the plan says about Greater Sydney |
|---|---|
| Feral deer | Moderately distributed across the region, and the Hills is one of the local government areas the plan names. |
| Wild rabbit | Widely distributed and well established throughout the region, highly urbanised areas included. |
| Red fox | Coordinated control programs run in autumn and spring, to match breeding and the dispersal of young foxes. |
| Feral pig | Absent from most of the region, but established in the southern Blue Mountains. |
| Cane toad | Not established in the region; a breeding population found at Taren Point in 2010 was eradicated after several years. |
Native animals are a separate matter. The plan says native species are protected by law in NSW and are not covered by it.
Reporting what you see
The duty page points to FeralScan for mapping sightings of any pest animal in your local area. The regional plan asks people to report unusual animals in the wrong place, and illegal activity such as moving, keeping, breeding or selling controlled non-indigenous animals, as soon as possible. For further information, the plan points to Greater Sydney Local Land Services and its regional pages.