Silverleaf Nightshade - Statutory Weed Management Plan

Solanum elaeagnifolium Cav.

Check the Weeds Index for more information on this and other weeds

Interpretation:

In this weed management plan (approved 30 August 2003):
  • "Act" means the Weed Management Act 1999.
  • "Approved quarantine place" means a place approved by the Secretary under section 70 of the Plant Quarantine Act 1997 for the purpose of examining any prescribed matter imported into or to be exported out of the State.
  • "Court fine' means a prescribed penalty for breaches against the Act. Court fines may be imposed if a person is convicted of any offence against the Act.
  • "DPIWE" means the Department of Primary Industries, Water and Environment, Tasmania.
  • "Infringement fine" means a prescribed penalty for breaches against the Act. Infringement fines are imposed by way of an infringement notice that may be issued by a Weed Inspector.
  • "Inspector" means a Weed Inspector appointed under section 34 of the Act.
  • "Penalty unit" means the basic unit of the fine for which persons who fail to comply with any prohibition or requirement under the Act may be liable. One penalty unit equals $100 at April 2002.
  • "Biosecurity Tasmania" means that branch of the Department of Primary Industries, Water and Environment that, in cooperation with the Australian Quarantine Inspection Service, maintains both overseas and interstate biosecurity barriers for this state.
  • "Regional Weed Management Officer" means a person employed in the Department of Primary Industries, Water and Environment under that specific title.
  • "Regulations" means the Weed Management Regulations 2000.
  • "Secretary" means the Secretary of the Department of Primary Industries, Water and Environment.
  • "Silverleaf nightshade" means Solanum elaeagnifolium Cav. and includes whole plants and plant parts, live or dead.

1. Purpose of this management plan:

The purpose of this weed management plan for silverleaf nightshade is to:
  • Provide direction upon the implementation of the Act with respect to silverleaf nightshade.
  • Specify measures to prevent the establishment and spread of silverleaf nightshade in Tasmania.

2. Area covered by this management plan:

The State of Tasmania is covered by this management plan.

3. Description and distribution of the weed:

Silverleaf nightshade is a perennial herb that can infest crops and pastures. It is toxic to stock and is a significant problem in a number of Australian mainland locations.

There are no known naturalised silverleaf nightshade populations in Tasmania. It is recorded as an occasional contaminant of imported agricultural products.

4. Importation of declared weed:

(1) A person must not import or allow to be imported into Tasmania any silverleaf nightshade.

It is an offence against section 57(1) of the Act to fail to comply with this prohibition. A person found committing that offence may incur an infringement fine of 4 penalty units. A person convicted in court of that offence may be liable to a fine not exceeding 50 penalty units.

The Secretary may exempt a person from this prohibition under section 60 of the Act.

To avoid committing this offence, actions including but not limited to the following should be undertaken:
  • Persons travelling to Tasmania, in particular from areas infested with silverleaf nightshade, should conduct thorough searches for the presence of the plant and apply appropriate hygiene measures, such as vehicle, baggage, footwear and clothing cleaning. In particular, any soil or plant material picked up from infested areas should be removed prior to entering Tasmania. Questions or concerns about hygiene issues should be directed to Biosecurity Tasmania personnel before or directly upon disembarkation in Tasmania.
  • Persons importing items to Tasmania that may contain silverleaf nightshade should have these checked for the presence of the plant. This can be arranged through Biosecurity Tasmania.
(2) Feed grain may be imported if it complies with the tolerance level prescribed for silverleaf nightshade by the Regulations. The tolerance level prescribed for this plant in regulation 4 of Schedule 1 is ZERO.

It is an offence against section 57(1) of the Act to import feed grain containing any silverleaf nightshade. A person found committing that offence may incur an infringement fine of 4 penalty units. A person convicted of that offence in court may be liable to a fine not exceeding 50 penalty units.

The Secretary may exempt a person from this prohibition under section 60 of the Act.
To avoid committing this offence, actions including but not limited to the following should be undertaken:
  • Persons importing feed grain to Tasmania should liaise with suppliers on the subject of possible silverleaf nightshade contamination.
  • Persons purchasing feed grain imported to Tasmania should liaise with suppliers on the subject of possible silverleaf nightshade contamination.
  • Anyone importing feed grain into Tasmania should make him/herself familiar with declared weed seed tolerance levels as set out in regulation 4 of the Regulations.
(3) A person must not import any livestock that may be carrying silverleaf nightshade otherwise than in accordance with any measures prescribed under the Regulations.

It is an offence against section 57(3) of the Act to fail to comply with this prohibition. A person found committing this offence may incur an infringement fine of 4 penalty units. A person convicted of that offence in court may be liable to a fine not exceeding 50 penalty units.

The Secretary may exempt a person from this prohibition under section 60 of the Act.

The prescribed measures for importing stock under regulation 5 of the Regulations are as follows:

a) the length of hairs in the coat is not to exceed 25 mm;
b) seeds are not to adhere to the coat or anywhere else on the livestock;
c) a permit for importation is obtained from the Secretary, DPIWE;
d) importation is direct to an approved facility for slaughter.

To avoid committing this offence, actions including but not limited to the following should be undertaken:
  • Persons importing livestock to Tasmania should liaise with suppliers on the subject of possible silverleaf nightshade contamination of stock.
  • Persons importing livestock should ensure their animals are confined to holding pens prior to release to paddocks, until thorough coat inspections and complete bowel evacuation had occurred. Pens should then be checked subsequently for the presence of silverleaf nightshade.
  • Anyone importing stock to Tasmania should make him/herself familiar with regulation 5 of the Regulations as that applies to declared weeds.

5. Procedures for notification of the occurrence of the weed:

Inspectors shall notify a Regional Weed Management Officer of any silverleaf nightshade occurrences. The Regional Weed Management Officer will then check the identity of the plant and if silverleaf nightshade is confirmed the Principal Weed Management Officer will initiate a weed incursion response.

6. Sale of declared weed:

A person must not sell or otherwise distribute any silverleaf nightshade or any thing carrying silverleaf nightshade.

It is an offence against section 56 of the Act to fail to comply with this prohibition. A person found committing that offence may incur an infringement fine of 4 penalty units. A person convicted of that offence in court may be liable to a fine not exceeding 50 penalty units.

The Secretary may exempt a person from this prohibition under section 60 of the Act.

To avoid committing this offence, actions including but not limited to the following should be undertaken:
  • Persons selling or otherwise distributing agricultural produce or agricultural, roadworking or earthmoving machinery should ensure that these items do not harbour live silverleaf nightshade contaminants by conducting appropriate inspection and cleaning procedures. Any plant identification queries may be referred to a Regional Weed Management Officer.

7. Measures to reduce the number of silverleaf nightshade plants, eradicate silverleaf nightshade from an area or restrict silverleaf nightshade to a particular area:

An Inspector may, by serving a notice on the owner of any place, require that owner to implement any of the measures described in this part of the weed management plan or any other measures consistent with it.

It is an offence against section 13(3) of the Act to fail to comply with a requirement notice issued by an Inspector. A person found committing that offence may be liable to an infringement fine of 8 penalty units. A person convicted of that offence in court may be liable to a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

To avoid committing this offence, actions including but not limited to the following should be undertaken:
  • Persons discovering any plant resembling silverleaf nightshade should contact a Regional Weed Management Officer without delay.
  • Persons responsible for managing a site that has had imported agricultural produce (eg. imported seed) spread over it should check that site for the emergence of silverleaf nightshade.
  • Persons responsible for managing a site to which imported livestock have been released should check that site for the emergence of silverleaf nightshade.
  • Persons responsible for managing a site upon which imported agricultural, earthmoving or roadworking machinery has been used should check that site for the emergence of silverleaf nightshade.
  • Persons wishing to dispose of silverleaf nightshade or any thing contaminated with silverleaf nightshade should notify a Weed Inspector or a Regional Weed Management Officer first, in order to receive direction upon how best to do this.

8. Storage in a specified area of any thing contaminated with the declared weed:

Any thing found to be contaminated with silverleaf nightshade may be removed to storage at an appropriate approved quarantine place. A Regional Weed Management Officer will determine whether removal to storage at any of these facilities or treatment/destruction of material in situ is most appropriate.

Failure to comply with this requirement is an offence against section 51(1) of the Act. A person found committing that offence may incur an infringement fine of 4 penalty units. A person convicted of that offence in court may be liable to a fine not exceeding 50 penalty units.

The Secretary may exempt a person from this requirement under section 60 of the Act.

To avoid committing this offence, actions including but not limited to the following should be undertaken:
  • A person who discovers or suspects he/she possesses any thing contaminated with silverleaf nightshade should contact an Inspector or a Regional Weed Management Officer without delay. The contaminated thing should not be moved, treated, disturbed or disposed of prior to making this contact. If silverleaf nightshade is confirmed, the person will be directed and advised in the proper management, including disposal, of the contaminated thing.

9. Any other measures the Minister considers appropriate to control the weed:

There are no other measures appropriate for the management of silverleaf nightshade in Tasmania at this time.

10. Exemptions:

Persons wishing to gain exemption from any of provisions of the Act that relate to silverleaf nightshade should contact a Regional Weed Management Officer to discuss the reasons for seeking the exemption and obtain an exemption application form.

Persons granted an exemption should ensure they understand fully, any conditions specified in the exemption. Queries can be directed to a Regional Weed Management Officer.

11. Review of this weed management plan:

A review of this weed management plan may be undertaken at least once every five years if it is necessary and desirable to do so. The review will incorporate consultation with stakeholders deemed appropriate by the Secretary, DPIWE.


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