Gumtree
Plant species may be prohibited from sale as weeds if they have negative impacts on agriculture, the environment, or human health. Propagation, sale and transportation of these species could result in them becoming established and affecting new locations, causing greater problems. These bans include prohibition of sale and transport of seeds, as well as any part of the plant.
Plant sellers need to be aware of two related but distinct issues:
- It is prohibited to sell a plant banned from sale or transportation under relevant legislation in the State or Territory where you are located.
- It is prohibited to sell a plant banned from sale or transportation under relevant legislation in the State or Territory where the buyer is located (i.e. if sending a plant to a buyer in another State or Territory). It is an offence to send a plant into a State or Territory where it is prohibited even if there are no restrictions on it in the seller’s State. Sellers are responsible for checking the legal status of the plant in the buyer’s jurisdiction.
It is your responsibility to make sure that plants offered for sale are correctly named. Some cases of illegal trading may be inadvertent, due to sellers not knowing what they are offering.
Sellers should also be aware of plant quarantine legislation that may prevent the interstate movement of soil or plant material that could carry pathogens.
Things you should know
Laws and regulations
Each of the State and Territories has weeds legislation prohibiting certain plants from sale or transportation. These are listed below.
Penalties
The sale of declared plants is not allowed. This includes seeds and other propagating material of these plants. Penalties apply under law. These depend on the applicable legislation. Details can be found via the links below.
More information
For lists of declared weeds and information on the restrictions that apply to them please see:
Australian Capital Territory
https://www.legislation.act.gov.au/DownloadFile/di/2015-59/current/PDF/2015-59.PDF
New South Wales
http://weeds.dpi.nsw.gov.au
Search on the plant name for mandatory state priorities including prohibition from sale. To report the sale of weeds in NSW, email weeds@dpi.nsw.gov.au
Northern Territory
http://www.nt.gov.au/weeds or call 08 8999 4567
Queensland
https://www.qld.gov.au/environment/plants-animals/plants/plants-weeds/weed-pests-education
South Australia
http://pir.sa.gov.au/biosecurity/weeds_and_pest_animals/weeds_in_sa
Tasmania
http://dpipwe.tas.gov.au/invasive-species/weeds/weeds-index/declared-weeds-index
Victoria
https://agriculture.vic.gov.au/biosecurity/weeds/illegal-online-trade-of-noxious-weeds-in-victoria
https://agriculture.vic.gov.au/biosecurity/protecting-victoria/legislation-policy-and-permits/consolidated-lists-of-declared-noxious-weeds-and-pest-animals
https://agriculture.vic.gov.au/biosecurity/weeds/invasive-plant-classifications
To report sales of declared noxious weeds in Victoria, phone 136 186
Western Australia
https://www.agric.wa.gov.au/organisms
To report sales of declared plants in WA, email padis@dpird.wa.gov.au
