Australian Capital Territory
Pest Plants and Animals (Pest Plants) Declaration 2005 (No 1)
Disallowable instrument DI2005–256
made under the  
Pest Plants and Animals Act 2005, s 7 (Declaration of pest plant)
EXPLANATORY STATEMENT

The Pest Plants and Animals Act 2005 is an Act about pest plants and animals, and related purposes. 
The purpose of the Act is to protect the ACT’s land and aquatic resources from threats from pest plants and pest animals, to promote a strategic approach to pest management, to identify pest plants and animals, and to manage pest plants and animals.
Section 7 of the Act provides for the Minister to declare a plant to be a pest plant. A declaration may also declare that a pest plant:
(a)	Is notifiable – in which case its presence must be notified to the Chief Executive within 2 working days; 
(b)	Is prohibited – in which case it is an offence to supply or propagate the plant; 
(c)	must be suppressed;
(d)	must be contained. 
This instrument declares the pest plants under this Act.
In developing this declaration the following criteria were considered.
•	Weed risk assessment (to determine the relative importance of weeds by assessing invasiveness, impacts and potential distribution);
•	Extent of infestation;
•	Available technology and resources;
•	Pests declared by regional neighbours; and
•	Whether the plant is a Weed of National Significance.
The intention of declaring a pest plant as notifiable pest plants is to tackle (potential) new pest incursions. Plants declared as notifiable pest plants have limited distribution or do not currently exist in the ACT. Notification of these species will facilitate a speedy response to new pest incursions.
All notifiable pest plants are also declared to be prohibited pest plants in order to address the main source of new or potential incursions, which is supply and propagation.
Pest plants declared as plants that must be suppressed are present in the ACT at a level where control is achievable with current knowledge, techniques and resources. It requires a plant to be continuously suppressed and destroyed to reduce levels of infestation.
Pest plants declared as plants that must be contained are so widespread that total suppression of destruction is impractical. A control program must be implemented to prevent further spread and to reduce levels of infestation and distribution. 
The declaration under section 7 is a disallowable instrument.