Catchment and Land Protection Regulations 2022

The Regulations set out three principal legal concepts: prescribed particulars (evidential/notification requirements), prescribed measures for specific pests (substantive obligations), and cross‑reference to administrative powers in the Act (delegated enforcement). Each concept is confined by precise wording and linked to particular sections of the Act.

Prescribed particulars (Regulation 6). The Regulations turn what would otherwise be open administrative notice into a prescriptive evidential standard. For notifications under ss 46(1)(a), 47E(1)(a) and 70D(1)(a) the Regulations list six categories of particulars that must accompany a notification. Two categories are procedural (description and dates), two are personnel‑focused (names of persons engaged and contact information where the person is not the land owner), and two are product‑specific where herbicide or pesticide was used (Reg 6(e)-(f)). For herbicides registered by the Australian Pesticides and Veterinary Medicines Authority (APVMA), Reg 6(e) requires the product name and the method and rate of application. For pesticides, Reg 6(f) requires the product name and a statement whether application was in accordance with the product label and directions for use. These particulars are the legal minimum for the Acts’ notification provisions referenced.

Prescribed measures (Regulations 7 and Schedule 1). The Regulations map specific plant taxa to one of four response types in Schedule 1 and declare what counts as a prescribed measure for the purposes of ss 47B(2) and 70B(3) of the Act. The four types are: (i) APVMA‑registered herbicide applied according to label (with marker dye condition for hand‑held delivery); (ii) cultivation to a depth of not less than 15 cm achieved by turning over soil; (iii) removal of the entire plant, including roots; and (iv) reduction to mulch of above‑soil material. The Schedule assigns species to columns 1-4, and a species may appear in more than one column. The legal consequence is that where a declaration or direction invokes the prescribed measure concept in the Act, the Secretary’s direction may require only the measures prescribed here.

European Rabbit measures (Regulation 8). The Regulations prescribe two concrete measures for rabbit warrens: mechanically twice ripping with specific spacing, depth and perpendicular second pass, including ripping 4 metres beyond each entrance; and fumigation with an APVMA‑registered fumigant for rabbit fumigation applied according to its label, combined with making the warren inaccessible by ensuring entrances are blocked, sealed and remain closed. Both measures are prescribed for the purposes of ss 47B(2) and 70B(3).

Interplay with other law. The Regulations expressly acknowledge that a direction or declaration under the cited Act provisions does not remove the obligation to comply with other Victorian or Commonwealth laws (Reg 7, Note). The APVMA feature embeds a direct Commonwealth regulatory interdependence (Reg 5 definition; Regs 7 and 8 reference APVMA registration and product labels/directions).

Technical specificity. The instrument is granular: cultivation depth not less than 15 cm (Reg 7(2)); ripping line spacings not more than 50 cm apart and ripping not less than 50 cm deep, rip repeated at right angles (Reg 8(a)); requirement for a marker dye where a hand held appliance delivers herbicide (Reg 7(1)). These quantifications convert general pest‑control standards into measurable compliance criteria.

Administrative architecture. The Regulations operate as subordinate law under s 95 of the Act (Reg 2), supplying details that the Act requires or contemplates. They do not create the primary enforcement framework (those powers and penalties remain in the Act), but they define what good compliance looks like for particular weeds and for European Rabbit control.

The Regulations impose duties and create evidential requirements that affect several identifiable actors. The principal addressees are land owners subject to the Act, the Secretary who administers the statutory framework, and third parties engaged to carry out pest control. Secondary affected actors include suppliers and registrants of pesticides/herbicides, contractors using hand‑held appliances, and regulatory bodies that oversee pesticide registration.

Land owners. The Regulations speak repeatedly to "a land owner" required to notify the Secretary that measures required by a notice have been taken (Reg 6). That notification must include specified particulars; therefore land owners who receive a notice under the cited sections of the Act must gather, retain and produce the prescribed particulars. Land owners will bear the costs of meeting prescribed measures if directed under the Act to eradicate or control listed weeds or rabbits, including costs for herbicide products, cultivation equipment, ripping machinery, fumigants and contractor fees (Regs 6-8; Schedule 1).

The Secretary. The Secretary is placed in the role of decision maker by the Act; the Regulations expressly identify measures that the Secretary may direct a land owner to take for the eradication or control of listed noxious weeds and rabbits (Regs 7 and 8 refer to ss 47B(2) and 70B(3) of the Act). The Regulations therefore limit or define the toolbox available to the Secretary when exercising those powers: the Secretary may direct the specified measures where the Act allows.

Persons engaged to take measures. Regulation 6(c)-(d) obliges the notifier to provide the names of persons engaged in taking each measure and contact information if any person is not the land owner. That directly affects contractors, neighbours or staff members who perform control work: their names and contact details will form part of statutory notifications, and records of their activities must support the specified particulars (Reg 6).

APVMA and registrants. The Regulations make APVMA registration a precondition for the prescriptive herbicide and fumigant measures (Reg 7(1); Reg 8(b)). Suppliers and manufacturers of chemical control products are therefore implicated: where a product is not registered by the APVMA for the stated use, it will not satisfy the prescribed measure. The Regulations thereby import Commonwealth chemical regulation into the operative standard of compliance.

Agricultural contractors and equipment providers. The Regulations require specific operational protocols (e.g. incorporation of a marker dye for hand‑held herbicide delivery, specified depths for cultivation and ripping). This affects choice of equipment, methods and supply chain: contractors must be able to meet the technical requirements if they are to be engaged to produce compliance notifications that meet Reg 6 particulars.

Other regulatory actors. The instrument contains an express caveat that compliance with a direction under the Act does not obviate the need to comply with other Victorian or Commonwealth laws (Reg 7, Note). That means local government, environmental regulators, workplace health and safety regulators and other agencies with overlapping jurisdiction may remain relevant in practice, although the Regulations do not specify or list those instruments.

Users who must cross‑check. Lawyers, compliance officers and auditors engaged to advise land owners or to review notices must cross‑check that records match the closed list in Reg 6 and that the chosen control measure matches the Schedule assignment and the technical standards in Regs 7-8. Failure to do so will result in incomplete statutory notifications under the Act provisions cited.

The Regulations create precise duties for notifying measures, for the form and content of pest control measures, and for the technical execution of certain measures. They also implicitly define the Secretary’s scope to direct specific actions under the Act. Rights under the Regulations are procedural: land owners retain the right to choose any of the prescribed measures for a listed species where multiple measures are indicated in Schedule 1, subject to the Secretary’s directions under the Act.

Obligation to supply prescribed particulars (Regulation 6). A land owner who notifies the Secretary that measures to comply with a notice have been taken must include, at minimum, the particulars listed in Reg 6(a)-(f). These are mandatory particulars "for the purposes of" the Act sections cited. The particulars require identification of the measure, timing, personnel and, where relevant, product details and compliance statements with product labels. Practically, this duty mandates contemporaneous record keeping: dates, descriptions, names of contractors, contact details, product names, application methods, rates and a compliance statement on label adherence where pesticides are used.

Duty to use APVMA‑registered products and follow labels (Reg 7(1) and Reg 8(b)). Where a prescribed measure is an herbicide or a fumigant, the Regulations require use of a product registered by the APVMA for the relevant control. The label and directions for use are elevated to a legal standard; Reg 7(1) requires application "in accordance with the product label and directions for use" and Reg 8(b) requires application "in accordance with the product label and directions for use" for fumigants registered for rabbit fumigation. Reg 6(f) then requires a statement whether the pesticide was applied in accordance with the product label and directions for use. The legal duty therefore includes both selecting an appropriate registered product and following its label instructions.

Technical execution duties for cultivation, removal and mulching (Reg 7(2)-(4)). Where cultivation is the prescribed measure (Schedule Column 2), the requirement is cultivation by turning over the soil to not less than 15 cm depth (Reg 7(2)). Where removal is prescribed (Column 3), the duty is removal of the entire noxious weed, including its roots (Reg 7(3)). Where mulching is prescribed (Column 4), the duty is reduction to mulch of as much of the noxious weed as appears above the soil (Reg 7(4)). These duties are specific and measurable, providing a clear compliance threshold.

Specific duties for European Rabbit warrens (Regulation 8). The Regulations require either a mechanical approach (Reg 8(a)) or a fumigation plus sealing approach (Reg 8(b)). The mechanical approach requires two rips, lines not more than 50 cm apart, each rip not less than 50 cm deep, second rip at right angles to the first, and ripping extending 4 metres beyond each warren entrance. The fumigation alternative requires an APVMA‑registered fumigant applied in accordance with label and directions and the warren made inaccessible by ensuring all entrances are blocked, sealed and remain closed.

Secretary’s direction power scoped by the Regulations. By prescribing measures for purposes of ss 47B(2) and 70B(3) of the Act, the Regulations constrain what measures the Secretary may direct a land owner to take under those Act provisions: the Secretary’s directions must fall within or be consistent with the prescribed measures where those are engaged.

Rights and choices. Where Schedule 1 lists a plant in multiple columns, a land owner can, subject to any direction, adopt any of the prescribed measures relevant to that species. The Regulations do not grant new compensation rights or appeal rights; those procedural rights and remedies (appeal, review, penalties) remain governed by the Act and other applicable law. The Regulations also explicitly preserve obligations under other laws; compliance with a Reg 7 direction does not discharge other legal obligations (Reg 7, Note).

Record and evidential duties. Reg 6 requires affirmative statements as to label compliance for pesticides, and detailed product application particulars for herbicides. Those requirements convert practical actions (spraying, cultivating, ripping) into documentary obligations that can be inspected, tested and audited against the Regulation’s list.

The Regulations themselves do not set out penalty amounts or create new criminal offences; instead they operate as a subsidiary specification of what counts as prescribed measures and what particulars are required under the Act. Enforcement and penalty structures therefore remain located primarily in the Act. The Regulations reference specific Act provisions as their legal anchors: ss 46(1)(a), 47E(1)(a) and 70D(1)(a) for prescribed particulars (Reg 6), and ss 47B(2) and 70B(3) for prescribed measures (Regs 7 and 8). The Regulations also refer to directions under s 70B(1) and declarations under s 47A(1) in an explanatory note (Reg 7, Note).

Administrative enforcement pathway implied by the Regulations. The Regulations create an administrative cycle: an Act notice or direction is issued (the Secretary’s statutory powers are in the Act), the land owner takes measures, and the land owner notifies the Secretary with the particulars prescribed in Reg 6. If the Secretary concludes the measures are incomplete or not compliant with prescribed measures, enforcement steps available under the Act (not reproduced in the Regulations) would follow. The Regulations therefore set evidential thresholds for establishing compliance in the enforcement process.

Evidential consequences. Because the Regulations list a closed set of particulars required for notifications, failing to supply those particulars may leave a land owner unable to establish compliance under the Act’s notice requirements. Reg 6(f) requires an explicit statement whether a pesticide was applied in accordance with the product label and directions for use; absence or falsehood of that statement can be an evidential fault in a compliance assessment.

Interplay with other regulatory regimes and enforcement risks. The Regulations expressly state that compliance with a direction under s 70B(1) or a declaration under s 47A(1) does not remove the need to comply with other Victorian or Commonwealth laws (Reg 7, Note). Practically, an act of herbicide or fumigant application could trigger enforcement by other regulators if undertaken contrary to other statutory obligations (for example, environmental protection, chemical control laws or workplace safety laws), and those overlaps can create concurrent enforcement risks. The Regulations import APVMA registration as a prerequisite for prescribed herbicide/fumigant measures; using an unregistered product for the prescribed purpose may fail the prescribed measure test and expose the land owner to enforcement action under the Act.

Penalties not in these Regulations. The instrument does not specify fines, infringement notices, or criminal sanctions. Any penalty, infringement or administrative fine must be sought in, and applied under, the Act or other relevant legislation. Users must therefore consult the Act and subsidiary enforcement instruments to determine the concrete sanctions that follow non‑compliance with notices or directions.

Procedural caveats. The Regulations were made under s 95 of the Act (Reg 2) and revoke the 2012 Regulations (Reg 4). They therefore form part of the regulatory architecture the Act enforces. From an enforcement perspective, the revocation means past guidance in the 2012 Regulations no longer applies; compliance assessments post‑27 August 2022 must be against the 2022 instrument.

The Regulations explicitly and implicitly cross‑refer to several other legal regimes. The most direct interactions are with the Catchment and Land Protection Act 1994 (which authorises the Regulations and contains the enforcement powers the Regulations operationalise) and with Commonwealth pesticide registration law administered by the Australian Pesticides and Veterinary Medicines Authority (APVMA). The instrument also flags an overlay of other Victorian and Commonwealth laws.

Statutory authorisation and interaction with the Act. The Regulations are made under s 95 of the Act (Reg 2). They operate to supply the "prescribed particulars" and "prescribed measures" that the Act references (Reg 6 links to ss 46(1)(a), 47E(1)(a), 70D(1)(a) and Regs 7-8 link to ss 47B(2) and 70B(3)). This is a direct delegated‑legislation relationship: the Act establishes powers and processes; the Regulations specify how those processes count as having been satisfied for particular pests and materials. Consequently, enforcement that relies on prescribed particulars or measures will be judged by the Act with these Regulations as the operative specification.

APVMA and Commonwealth chemical regulation. The Regulations repeatedly require the use of herbicides and fumigants that are "registered by the Australian Pesticides and Veterinary Medicines Authority" and applied "in accordance with the product label and directions for use" (Reg 7(1); Reg 8(b)). The APVMA is defined in Reg 5. That requirement imports Commonwealth regulatory standards into the Victorian compliance test , a product unregistered by the APVMA for a specific use will not meet the prescribed measure even if effective in practice. The Regulations thereby create a legal dependency on Commonwealth registration, requiring land owners and operators to check APVMA status as part of compliance.

Other Victorian and Commonwealth laws. The Regulations explicitly state that a direction under s 70B(1) or a declaration under s 47A(1) of the Act does not obviate the need to comply with any other laws of Victoria or the Commonwealth (Reg 7, Note). While the Regulations do not list those other laws, the note signals that statutory obligations under overlapping regimes (for example, environmental protection statutes, chemical use licensing, workplace health and safety, planning or local laws) remain in force and must be observed in undertaking measures prescribed here.

Interaction with administrative procedure and recordkeeping law. Reg 6’s prescriptive list transforms routine operational data (dates, product names, application rates, contractor contacts) into statutory records. That can interact with archiving, FOI and evidentiary rules where records are later requested or disclosed. The Endnotes also indicate that the statutory rule is subject to the Subordinate Legislation Act 1994 timetable for sunsetting, so the Regulations have a built‑in temporal interaction with the regime for subordinate legislation review (endnotes: sunset 10 years after making).

Revocation of prior instrument. Reg 4 revokes the Catchment and Land Protection Regulations 2012. This revocation operates to replace earlier specifications for prescribed particulars and measures with the 2022 instrument. Practitioners must therefore treat the 2012 instrument as superseded and apply the 2022 requirements for notices and prescribed measures from 27 August 2022 (Reg 3).

Practical cross‑compliance issues. The requirement to use APVMA‑registered products and to follow their labels creates operational interactions with suppliers, product availability, and training requirements. The requirement for marker dye where herbicide is delivered through a hand held appliance (Reg 7(1)) also interacts with procurement, consumables supply and contractor practice. For European Rabbit ripping the precise depth and spacing requirement may interact with land management, tree root systems, heritage sites and other land use controls under local planning or environmental legislation.

In sum, the Regulations are a point of legal intersection: they are a Victorian subordinate instrument that imports Commonwealth chemical registration as a compliance precondition and expressly preserves all other statutory obligations. Compliance therefore requires concurrent consideration of the Act, these Regulations, the APVMA register and any other potentially operative Commonwealth or Victorian laws.

The instrument contains a short and straightforward amendment history in its endnotes. The Catchment and Land Protection Regulations 2022 (S.R. No. 59/2022) were made on 2 August 2022 by the Governor in Council under s 95 of the Catchment and Land Protection Act 1994 and came into operation on 27 August 2022 (Reg 3; Endnotes, General information). Regulation 4 expressly revokes the Catchment and Land Protection Regulations 2012. The Endnotes include a Table of Amendments entry which states there have been no amendments made to the 2022 Regulations by subsequent statutory rules, subordinate instruments or Acts (Endnotes, Table of Amendments).

Sunset and lifespan. The Endnotes state the Regulations will sunset 10 years after the day of making, on 2 August 2032, under s 5 of the Subordinate Legislation Act 1994 (Endnotes, General information). That creates a defined statutory lifespan unless renewed, remade or otherwise extended under the subordinate legislation process.

Style and interpretative notes. The Endnotes include interpretation comments that relate to style changes authorised by the Interpretation of Legislation Act 1984 and to how headings, examples, punctuation and provision numbers form part of the statutory rule. Those comments are explanatory and relate to legislative drafting and interpretation rather than operational amendments to the content of the measures (Endnotes, Interpretation of Legislation Act 1984).

Revocation effect. The repeal of the 2012 Regulations (Reg 4) is a substantive change in the regulatory architecture. The 2022 Regulations therefore supersede any prior specifications under the 2012 instrument regarding prescribed particulars or measures. Practitioners must apply the 2022 text for any compliance activities or audits carried out after commencement on 27 August 2022.

No recorded statutory amendments. The Table of Amendments indicates no subordinate instruments or Acts have amended the 2022 Regulations since they were made. In practice, this means the instrument as presented in these materials is the current operative text without post‑commencement modification.

Practical consequence for users. Because there have been no subsequent amendments and the 2012 Regulations have been revoked, users consulting the regulatory regime must rely on the 2022 text and the Act. Any historical compliance actions prior to 27 August 2022 may be assessed against the 2012 Regulations; post‑27 August 2022 actions are assessed against the 2022 Regulations.

The text of the Regulations and the Endnotes supplied do not record or reference any litigation or court decisions concerning the 2022 Regulations. The instrument contains no schedule or note listing cases, and the Endnotes’ Table of Amendments reports no subsequent statutory interventions that might have arisen from litigation outcomes (Endnotes, Table of Amendments; Endnotes, General information). Consequently, within the source material there is no litigation history to summarise.

Implications of absence of recorded litigation. The Regulations are an ordinary subordinate instrument prescribing particulars and measures; the absence of litigation in the instrument does not mean none exists in external sources, but the instrument itself contains no references to any judicial or tribunal decisions. For readers seeking precedent on enforcement, penalties, evidentiary disputes about Reg 6 particulars, or legal challenges to the prescribed measures, the Regulations do not provide case names or outcomes.

Where to look for litigation. The Regulations are enacted under the Act and operationalise its notice and direction framework via prescribed particulars and measures. Any litigation implicating the Regulations would likely arise in the context of enforcement actions under the Act (for example, disputes about whether a land owner’s measures met the prescribed standard, or challenges to a Secretary’s direction). To locate such litigation, a practitioner would search case law databases for matters involving the Catchment and Land Protection Act 1994 citing ss 46, 47A, 47B, 47E, 70B, 70D or s 95, as well as disputes mentioning the 2022 Regulations. The Regulations themselves, however, do not list or summarise relevant judicial decisions.

Potential friction points likely to generate litigation. While the instrument itself records no cases, its operative detail suggests specific disputes that could conceivably be litigated or administratively reviewed: disputes over whether the "entire noxious weed, including its roots" was removed (Reg 7(3)); whether cultivation reached "not less than 15 centimetres" (Reg 7(2)); whether a fumigant used was APVMA‑registered for rabbit fumigation and applied "in accordance with the product label and directions for use" (Reg 8(b)); and whether the requisite particulars were provided in a notification (Reg 6). If such disputes arise and are litigated, courts and tribunals may have to interpret the specific wording and technical thresholds set out in these Regulations in light of the Act.

Administrative review. In the absence of recorded litigation in the instrument, affected parties have administrative pathways under the Act to seek review of directions or notices; any judicial review of administrative decisions would depend on the Act’s review and appeal provisions (not reproduced in the Regulations). The Regulations therefore set the factual and documentary standards that would be examined in any administrative or judicial review, but they do not themselves create or report litigation outcomes.

The Regulations are precise and technical; that creates a number of practical pitfalls for land owners, contractors and advisers. Below are specific "gotchas" drawn from the Regulations’ text that commonly generate non‑compliance or evidentiary failures.

Incomplete notification particulars (Reg 6). Reg 6 prescribes a closed list of particulars for the purposes of ss 46(1)(a), 47E(1)(a) and 70D(1)(a) of the Act. Omitting any of the required items , for example, failing to provide the method and rate of application for a herbicide (Reg 6(e)(ii)), or neglecting to include contact information for a contractor (Reg 6(d)) , can render a notification formally non‑compliant. The Regulations do not provide for partial compliance or an alternative list; the specifics are the legal minimum.

Label compliance statement for pesticides (Reg 6(f)(ii)). Reg 6(f)(ii) requires a statement as to whether or not the pesticide was applied in accordance with the product label and directions for use. A land owner cannot simply state product name and application rate; the statutory notification must affirm or deny label compliance. Failure to make a clear statement creates an evidential gap that may be decisive in enforcement.

APVMA registration dependency (Regs 7(1), 8(b)). The Regulations require herbicide and fumigant products to be "registered by the Australian Pesticides and Veterinary Medicines Authority" and to be used in accordance with the label. If a commonly used chemical is not APVMA registered for that particular weed or for rabbit fumigation, using it will not satisfy the prescribed measure even if effective in practice. Checking the APVMA register before procurement is therefore essential.

Marker dye requirement for hand‑held herbicide delivery (Reg 7(1)). Where an herbicide is delivered through a hand held appliance, the herbicide must incorporate a compatible marker dye. Operators who use hand‑held spraying equipment without marker dye risk failing to meet the prescribed measure, even if the product is APVMA‑registered and applied at the correct rate.

Precision in mechanical measures (Reg 7(2); Reg 8(a)). The Regulations define precise dimensional thresholds: cultivation must turn over soil to not less than 15 cm depth (Reg 7(2)); rabbit ripping must have individual rip lines not more than 50 cm apart and not less than 50 cm deep, with the second rip at right angles to the first, and ripping extending 4 metres beyond each warren entrance (Reg 8(a)). Failing to meet these numeric thresholds , for example running rips only 40 cm deep, or not extending ripping sufficiently beyond the warren , may fail the prescribed test.

Definition of "entire" removal and "including its roots" (Reg 7(3)). Removal as a prescribed measure must include roots. Invasive species with deep root systems or rhizomes may require specialist removal to meet the "entire" standard. Superficial removal that leaves viable root fragments is unlikely to meet the requirement.

Mulching scope tied to "as much ... above the soil" (Reg 7(4)). Mulching is defined only in relation to above‑soil material. If rootstock or below‑ground reproductive parts remain viable after mulching, the prescribed measure may not have been achieved for species where eradication requires removing underground propagules.

Species‑specific assignments in Schedule 1. The Schedule lists species by scientific and common names and maps them to columns. Some species appear in more than one column; practitioners must confirm which column applies to the particular species and context. Misreading the table or applying the wrong measure to a species because of misidentification can create non‑compliance.

Prescribed measures do not relieve other legal obligations (Reg 7, Note). A direction under the Act does not obviate the need to comply with other laws. Practitioners may assume that complying with the prescribed measure is sufficient; the instrument’s express note contradicts that assumption.

Documentation and proof burden. The Regulations make documentary proof part of the statutory record (Reg 6). Failure to retain purchase records, product labels, photos, contractor timesheets and application logs will make it difficult to prove compliance in an enforcement context even where the physical measures were taken.

Revocation of 2012 Regulations (Reg 4). Some operators or advisers may rely on legacy practices or advice based on the 2012 Regulations. Those older standards were revoked; compliance must be measured against the 2022 text from 27 August 2022 onwards.

Sunset date. The Regulations will sunset in ten years (Endnotes). If a practitioner assumes permanence, they may overlook any forthcoming review or remaking processes ahead of the sunset date.

Compliance under these Regulations has three practical pillars: choose a prescribed measure appropriate to the listed species, execute the measure to the Regulation’s technical standards, and maintain documentary proof in the format Reg 6 requires. The checklist below operationalises those steps.

1. Identify the applicable measure from Schedule 1. Consult Schedule 1 to determine which column (1-4) applies to the species present on the land. If a species appears in multiple columns, select any of the prescribed measures applicable to that species unless the Secretary has issued a specific direction under the Act. Confirm the species identification (scientific name where possible) and note the Schedule item number.

2. Where herbicide or fumigant is the chosen measure, verify APVMA registration and label instructions. For herbicides prescribed under Reg 7(1) and fumigants for rabbits under Reg 8(b), confirm the product is registered by the APVMA for the intended use. Read the product label and directions for use carefully and adopt the label’s specified method and rate. If using hand‑held appliances for herbicide application, arrange for a compatible marker dye to be incorporated as required by Reg 7(1).

3. Record application particulars contemporaneously. For herbicide application the notification to the Secretary must include the product name and the method and rate of application (Reg 6(e)(i)-(ii)). For pesticide application include the product name and a clear statement whether it was applied in accordance with the product label and directions for use (Reg 6(f)(i)-(ii)). Keep purchase invoices, APVMA product details, label copies, photographs of label instructions and of the application process, and detailed application logs.

4. Meet technical mechanical standards. Where cultivation is prescribed, ensure cultivation turns over the soil to a depth of not less than 15 centimetres (Reg 7(2)). For removal, ensure extraction includes the entire plant including roots (Reg 7(3)). For mulching, ensure material above the soil is reduced to mulch (Reg 7(4)). For European Rabbit warrens, either complete the two‑pass ripping procedure with rip lines not more than 50 cm apart and each rip at least 50 cm deep with the second pass at right angles to the first and extend ripping 4 metres beyond each warren entrance (Reg 8(a)), or apply an APVMA‑registered fumigant as labelled and then block, seal and ensure chest‑locked closure of all warren entrances (Reg 8(b)).

5. Capture contractor and personnel details. Regulation 6(c)-(d) requires names of persons engaged in each measure and contact information for any person who is not the land owner. Obtain signed contractor statements, timesheets and business contact details for any third parties. Retain evidence of who did what and when.

6. Prepare the notification package for the Secretary. When notifying the Secretary under ss 46(1)(a), 47E(1)(a) or 70D(1)(a) of the Act, include the particulars in Reg 6(a)-(f): description of each measure, date of each measure, names of persons engaged, contact information for non‑owners, herbicide product name and method/rate if applicable, pesticide product name and a clear statement about label compliance if applicable. Use a standardised form or checklist to avoid omissions.

7. Ensure label compliance statements are accurate. Reg 6(f)(ii) requires a statement as to whether the pesticide was applied in accordance with the product label and directions for use. If part of the application deviated from the label, document the deviation and the reasons for it. Bear in mind that a "no" answer to that question may attract scrutiny and may require an explanation under other laws.

8. Cross‑check other legal obligations. The Regulations do not remove obligations under other Victorian or Commonwealth laws (Reg 7, Note). Before acting, confirm that the chosen measures do not conflict with other regulatory obligations that may apply to the land, wildlife, waterways or heritage considerations.

9. Retain evidence for the statutory timeframe. While the Regulations do not specify archival periods, keeping records for a conservative period (several years) will assist in responding to any enforcement enquiries or audits. Keep invoices, APVMA product registration screenshots, dated photographs of treated areas and warrens, machinery logs, and written contractor confirmations.

10. Seek clarification where Secretary directions are ambiguous. If the Secretary issues a direction under the Act that appears inconsistent with the prescribed measures, seek clarification in writing. Because the Regulations specify what counts as prescribed measures for the statutory sections cited, a direction that requires an alternative method should be justified by the Secretary’s statutory authority under the Act.

11. Train staff and contractors to the technical thresholds. Brief contractors and operational staff on the requirement to incorporate marker dye for hand‑held herbicide applications, the minimum depth and spacing for cultivation and ripping, and the need to remove roots when removal is the prescribed measure.

12. Audit and compliance testing. Conduct internal audits that test a sample of notifications against Reg 6 requirements and check that selected measures meet Regs 7-8 technical thresholds. Document any corrective actions taken.

Following these steps will align practice with the Regulations’ prescriptive standards (Reg 6, Reg 7, Reg 8, Schedule 1). Remember that the Regulations were made under s 95 of the Act (Reg 2) and that the revocation of the 2012 Regulations means the 2022 text is the operative instrument from 27 August 2022 (Reg 3-4).