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

 

Myna problem

In 2005 Indian Mynas (Acridotheres tristis) won the Australian public
opinion title of 'Most Hated Pest'. Beating cane toads, feral cats
and foxes hands down- now that's saying something. They are also
ranked as one of the 100 species listed as the world's most invasive
by the World Conservation Union. Indian mynas (myna birds) have
spread throughout eastern Australia since being introduced in the
1880's.

With the label of 'Most Hated Pest' what is it about myna birds that
make them so disliked by people and a threat to the environment?
There are many reasons; they are aggressive and territorial in their
quest to out compete native birds and animals for food and habitat.
Using superior numbers they seek out nesting hollows of native birds
and animals and harass them to the point of eviction. Although they
only lay in one nest per year, myna birds build and defend several
nests during the breeding season excluding native birds and animals
from those nesting sites in the process. In rural and agricultural
areas they are increasingly damaging fruit trees, crops, grains and
stock feed. In South Gippsland alone several wineries and orchards
have reported damage to crops caused by myna birds.

Myna birds also pose a health risk to humans from bird mites and
faeces due to their habits of closely associating with human
activities. Nests are built out of sticks, straw and whatever else can
be found including paper, plastic and other waste material. This is a
particular problem when they choose to build nests in roof spaces and
cavities as it presents a fire risk and an entry point for bird mites
into houses.

Many people (myself included) dislike myan birds simply because their
noisy. They congregate to feed at various public places and in doing
so provide a background noise that makes being there all the less
enjoyable. That shrill chirp, chirp, chirp noise when you're about to
eat lunch at an outdoor café is enough to make you throw your hand up
and gesture "GO AWAY BIRD!"

With their 'pest' status justified, what is being done to control
them? In Victoria the myna bird is not a declared pest under the
Catchment and Land Protection Act 1994 nor is it a protected species
by law. The Department of Primary Industries does not consider it
reasonable to impose the lawful responsibility of control of Indian
Mynas upon all landowners when it is unlikely to result in the desired
outcome of 'eradicate or control or prevent its spread in the wild'
(the requirements that must be satisfied to be able to declare a
species under the Act) (DPI, 201). Therefore a person (at their
discretion) may capture and/or destroy these birds by appropriate
legal humane methods.

Myna birds are intelligent and can be difficult to control however if
myna control is your beef, the use of cage traps is the most commonly
deployed technique. For information relating to trapping myna birds
visit the Canberra Indian Myna Action Group Inc. website at
www.indianmynaaction.org.au. Keep in mind that in accordance with the
Prevention of Cruelty of Animals Regulation 2008 SECT 35, a
confinement trap (such as a Myna trap) must not be set or used on any
land, except with the consent of the owner or occupier of the land,
or, in the case of Crown land, the manager of the land. Once captured,
the Regulations consider them in your care and you are responsible for
the trapped bird's welfare. Please make sure you provide food, water
and shade for the birds whilst they are in the trap, do not leave them
in the trap overnight and handle them gently when removing them. The
trapped myna bird must be humanely euthanized using methods approved
in Victoria as soon as is reasonably possible.

A control program should also aim to reduce the damage caused by myna
birds, eradicate local isolated populations, prevent opportunities for
myna birds, and reduce their potential to reproduce. Many local
councils and communities throughout Australia are working together to
reduce myna bird populations. Preventing myna birds from colonising
new areas is considered the best approach to contain populations, and
in areas where myna birds are already established, experts recommend
controlling myna birds in key locations and around assets such as
biodiversity values, near roosting sites, and in urban backyards
(Invasive Animals CRC and FeralScan 2011).

Tips for reducing myna bird problems (source: MynaScan, Invasive
Animals CRC and FeralScan 2011)
In most instances, a few simple modifications to our own behaviour and
habits can reduce opportunities for myna birds:
• Plant open canopy species to reduce communal roosting options
• Feed pets indoors or after dark
• Seal off potential entry points to your roof to reduce nesting options
• Cover food and use bins with lids
• Do not leave food scraps unattended in picnic areas
• Remove uneaten pet food and cover food containers
• Plant native vegetation in landscaping, gardens and open spaces.
• Remove access to poultry and stock feed
• Regularly clean outdoor eating areas around shops, restaurants and cafe's
• Keep informed and tell your friends about these simple solutions.

There are various myan bird control programs currently running in West
Gippsland, contact your local Landcare Network to find out whether
there are any formed groups operating in your district. If you live
in the South Gippsland area contact Project Officer, Kate Williams on
5662 5759 or email katew@wgcma.vic.gov.au to find out where you can
source a trap or to share knowledge, skills and experience in
controlling mynas.

Bye for now,
Kate

A Lavender that isn’t so pretty

Coastcare Facilitator for Gippsland, Bruce Atkin has alerted the
Network to a new and emerging weed threat- Sicilian sea lavender
(Limonium hyblaeum). Coastcare hosted a forum last month on Phillip
Island designed to raise awareness amongst agency staff and volunteers
about the weed which poses a significant threat to saltmarsh areas.
Director of consultancy firm Australis Biology, Dr Robin Adair
presented at the forum noting that the weed has the potential to
spread rapidly along the Victorian coastline. Currently the weed can
be found at eight locations west of Port Phillip Bay, including places
like Port Fairy and Port Campbell.

The problem with Sicilian sea lavender is that it can result in the
collapse of saltmarsh vegetation by excluding native species and
preventing regeneration. Posing a major threat to the endangered
orange-bellied parrot that relies on saltmarsh vegetation as a food
source.

Although not found in Western Port Bay yet, Dr Adair and Coastcare
facilitators Bruce Atkin and Denis Cox are urging locals to be
vigilant and report any suspected. Early detection is crucial as hand
removal is the most effective means of eradicating the weed.

The weed is identifiable as a cushion forming perennial with a dense
canopy, broad fleshy leaves and woody rootstock. Purple and white
flowers appear from November onwards.

What to do if you find Sicilian sea lavender:
• Correctly identify it, visit www.australisbiological.com.au
• Record where you found it
• Note the size of the infestation
• Report immediately to Penny Gillespie, Regional Weed and Pest
Program Coordinator: penny.a.gallespie@dse.vic.gov.au or to DSE
Coastcare Victoria Facilitator Denis Cox: denis.cox@dse.vic.gov.au
• Remove the plant/s (if safe to do so)
• Double bag
• Deep burial
• Prevent spillages

Cover photo: Sicilian sea lavender- photo courtesy Dr Robin Adair
www.australisbiological.com.au

Rush Hour

Rushes (Juncus spp.) are common plants of moist areas, and are often
found in swamps and along watercourses throughout the region. After
experiencing 2 years of high rainfall, the boom in rushes comes much
to the dismay or delight of landholders (depending on what they want
to get out of their land).

Juncus species are distinguished as robust tussocks of green steams
with flowers found in clusters on one side of the stem. They are
difficult to tell apart given there are 68 species found in all states
of Australia and that several different species are often found
growing together.

Of the 68 species, 31 are native to Australia and the rest are
naturalised i.e. originated elsewhere in the world but established and
reproducing itself without deliberate human assistance (National
Herbarium of NSW, cited 8, Oct. 2012).

The good news is that of the 68 species, only 1 of is of real concern
from a 'noxious weed' perspective; Juncus acutus or Spiny Rush as it
is commonly known. Currently only found in isolated pockets of South
Gippsland, Spiny Rush is native to Europe, Africa and the Americas. A
large, tough, perennial rush to 150cm tall with extremely sharp
pointed leaf tips-if you accidently poke yourself in the face with
this plant you'll know about, that's for sure!

Spiny Rush tolerates saline soils making it widespread from saline
costal flats to saline inland swamps and irrigation drains. The plant
is classified as a noxious weed in Victoria given its capacity to
exclude preferred pasture species, injure stock and restrict the
movements of animals, machinery and humans.

A couple of rushes you're more likely to see in these parts, (than
Spiny Rush) are Tall Rush (Juncus procerus) and Loose-flower Rush
(Juncus pauciflorus). These species are native, and not listed as
noxious in Victoria.

In spite of these species being native, many farmers consider them a
weed when found growing in a paddock situation. Often asking "How can
I get rid of those pesky rushes that continue to grow in the wet areas
of my paddocks!?' There are herbicides that will kill rushes however
to prevent reinvasion drainage of the site needs to be addressed i.e.
they will return if conditions are favourable.

Other farmers see how the rushes provide shelter and refuge for lambs
and therefore consider them to be more of an asset than a burden.
Rushes growing along gullies or drainage lines are earmarked to be
fenced off and planted out by people who recognise that these areas
are of marginal production value i.e. they may as well be fenced off
because they have limited production value anyway.

From an ecological point of view, rushes can provide food and cover
for animals such as frogs (Sanity & Jacobs, 1994; Anon, 2004) and
nesting sites for birds, and yabbies eat the tender young stems of
some species. Rushes can also out-compete less desirable and more
obstructive plants along the edges of waterways and can act to
stabilise creek banks.

At the end of the day, whether you love or hate them- rushes are here
to stay. On your property, the decision on keeping them or getting
rid of them is yours however I hope this article makes yours an
informed one.

Kate