Tuesday, March 12, 2013

HELP! My neighbour isn’t doing their weeds!!

Good neighbours cooperate on a range of issues of mutual benefit – weeds, pests, fences etc. Coordinated action by neighbours is the most effective way of controlling weeds and pests that reduce the productivity of their land.
 
However, what can be done when your neighbour isn't doing their weeds? There can be many reasons for this. Your neighbour may be ignorant of his/her responsibilities to ensure control of noxious weeds. A simple discussion pointing out problem weeds/pests may be enough to motivate your neighbour to take action. Your neighbour may be an absentee owner and therefore hard to contact – a weeds calendar (available from SGLN office) placed in their letterbox may be a good start to informing them of their responsibilities. Your neighbour may be physically impaired in some way and might not have the resources to deal with their weeds – maybe an offer to assist with a backpack or two of poison may go a long way to developing cooperative relationships with your neighbour. When doing your roadside weeds put up signs that indicate the weeds have been sprayed – that lets everyone know you're on the job and maybe they should be too – lead by example. Be aware that your neighbours are likely to have different values, standards and expectations than you. Also, what you take for granted in managing your land might be completely unexpected for others. So, your first approach to a neighbour whose property has a weed problem is to go softly, softly. Nobody likes being yelled at and there can be a plethora of reasons why they haven't done their weeds.
 
So, you tried being nice and it didn't work? Read on….
 
Have accurate information- know the legal responsibilities for weed control
Weeds including ragwort, thistles and blackberry are plants that are classified as Regionally Controlled noxious weeds under the Catchment and Land Protection Act 1994. Under the Act, landowners have a legal responsibility to take all reasonable steps to control and prevent (not eradicate) the spread and growth of these weeds on their land and the roadsides that adjoin their land. However, certain roadsides are exempt (see update on responsibilities for roadsides following this article for details). In general, if the land is being leased, the person/s leasing the land is responsible for the control of these weeds and repair of fences. There is no legislation that governs the control of 'environmental' weeds such as agapanthus. Pointless taking a neighbour to task for a relatively small infestation when there is a massive problem further down the road. Tackle the big weed issues in your neighbourhood first – do not use a minor weed infringement to run personal vendettas, you will most likely NOT get support from enforcement personnel and will only create far bigger long term issues with your neighbour (e.g. getting them offside on weeds means that boundary fence you share that needs replacing may take a lot of time and angst). We don't have to love our neighbours but building mutual understanding and constructive relationships is always the best way to go, it's how rural communities survive and thrive.
 
 
Third party assistance
In situations where your neighbour rarely visits the property and/or you've had no success in contacting them over a period of time, (either because they can't be reached or they are non-receptive) third party assistance is available. A third party could be your local Landcare group or Network, local council or the Department of Primary Industries (DPI).
The DPI are responsible for enforcing weed control under the Act, hence they are often seen as 'the go to' place for reporting a lack of weed control. Yet given that weeds including ragwort, thistles and blackberry are widespread in the region how do they enforce reasonable control on every landowner in the region with the limited resources at their disposal?  The short answer is they can't therefore the DPI's efforts for enforcement must be prioritised. DPI's enforcement for regionally controlled weeds is increasingly being used to support the ongoing efforts of community groups like Landcare, by focusing on landowners who have persistently failed to meet the standards achieved by the concerted efforts of their neighbours.
In other words, a property should only be reported to the DPI once other means of community extension and support have failed to bring about control to a standard set by the community. I'm not suggesting that this is the right or wrong way of bringing about compliance but rather stating that this is the reality of, and rational behind the Departments enforcement programs for regionally controlled weeds.
The South Gippsland Landcare Network (SGLN) is in a position to provide community extension and support. Upon request, SGLN have an information pack that can be sent to your neighbour that contains information on where to get advice, weed identification, control strategies, funding opportunities and details of local weed control contractors. The pack also comes with a letter from the Community Weeds Taskforce (CWT) outlining landowner responsibilities with regard to noxious weed control. The pack comes from SGLN, so you don't have to feel like you've 'dobbed in a neighbour'. A record of each pack sent is kept by SGLN. This record constitutes as evidence for community extension and should the landowner persistently fail to control their weeds, SGLN will notify the DPI for compliance action to be taken.  
Many Landcare groups in the Network have hosted weed control field days and seminars with the aim of engaging and encouraging landowners to actively manage their land. One such day was hosted by the Poowong Landcare group in late 2011 demonstrating the community's willingness to offer support for the control of weeds. The Three Creeks Landcare Group in the Bass Coast Landcare Network area has initiated a program titled 'The Year of the Blackberry'. Events and programs like this demonstrate that the local community are doing their bit to help control weeds and when control doesn't occur in these areas, the DPI are more likely to step in.  
 
Legal action
Only after attempts to engaging, educate, request action and verification that your neighbour has weed issues as bad as any in your area should the matter be escalated to the DPI for legal action. If your neighbour is non-compliant with their obligations regarding regionally controlled weeds (and community support has been demonstrated and recoded) they may be served with a Directions Notice or Land Management Notice (LMN) from the DPI. The Directions Notice or LMN will direct them to take certain actions to control weeds on their property. If they fail to comply with the Directions Notice or LMN they may be liable for a penalty under the CaLP Act. In 2012/2013 the maximum penalty for a single offence involving responsibilities for the management of noxious weeds is approximately $30,000. Using legal action to resolve disputes over weeds is an expensive use of tax payer dollars and time-consuming, it should be seen as the last resort. A court decision is not only costly, but it produces a winner and a loser. The loser may never feel that the issue has been resolved. They have simply been ordered to stop doing whatever it was they were doing, and may still not understand why.
 
In summary
• Be proactive; set a good example on your property and talk to your neighbour - nicely.
• If this fails, seek third party assistance in the form of your Landcare group or Network, local council or the DPI. Think about what field days, workshops or weed related events would be useful in your area and make them happen. It could be as simple as a one hour community lesson on how to calibrate spray equipment- something new landowners might be unfamiliar with.
• If the issue remains unresolved following third party assistance/attempts at community support and extension, the matter may need to be referred to the DPI for legal action.  
 
Update on responsibilities over roadside weeds
A proposed amendment of the CaLP Act 1994 is due to come into effect mid-way through this year that will see:
• Councils responsible for the control of noxious weeds on council and undeclared roadsides in Victoria
• VicRoads remain as the responsible authority for the control of noxious weed on declared roads in Victoria
In the interim, there is still a legal responsibility for landowners to take all reasonable steps to control and prevent the spread and growth of blackberry, ragwort, thistles and other regionally controlled noxious weeds on their land and the roadsides that adjoin their land. This does not apply however to a roadside which is;
(a)  A freeway or an arterial road within the meaning of the Road Management Act 2004; or
(b)  Crown land held under a lease or licence by a person other than the land owner; or
(c)  Land exempted from that subsection by a special area plan; or
(d)  Crown land in a national park or park within the meaning of the
       National Parks Act 1975 or in a protected forest within the meaning
 
For information regarding this article or for third party assistance from the South Gippsland Landcare Network please contact Kate Williams, South Gippsland Landcare Network Project Officer on 5662 5759 or email katew@wgcma.vic.gov.au
 
Article by: Mark Uren, Community Weeds Taskforce- Chiar and Kate Williams, South Gippsland Landcare Network- Project Officer