GROWING numbers of Southeast Queenslanders are pushing back against National Fire Ant Eradication Program (NFAEP) tactics they say undermine property rights.
Residents with medical conditions, owners of organic farms and those with livestock say biosecurity teams are ignoring Section 238 of the Biosecurity Act 2014 which states that a “reasonable excuse” is an option for citizens to deny use of pesticides across their land.
Locals want to know why Biosecurity Queensland regularly baits areas without fire ants and treats densely wooded tree canopies where the invasive species does not inhabit.
One Queenslander recently posted on social media: “Our garden is an edible urban garden with organic fruit trees and veggies; we have a son who has been housebound for three years with multiple autoimmune diseases.
“Today, we received notice [fire ant teams] will enter our property and treat it multiple times over coming years regardless of whether we have fire ants – I feel sick thinking about it.”
In April, Gatton landholder Trevor Hold attempted to stop biosecurity workers from entering his property, but he was arrested for obstructing police and is now fighting the charges in court.
Mr Hold did not want his property treated because he does not have fire ants.
He said two calves died on his land from neurological conditions caused by liver failure following use of pesticides S-Methoprene and pyriproxyfen.
One calf died with a liver 1.5 times larger than normal.
Makers of pyriproxyfen, Sumitomo admits in its own product data that the product can be fatal if swallowed or enters airways and causes skin irritation and serious eye damage.
It stated it is suspected of causing cancer.
“It is very toxic to aquatic life with long lasting effects [https://shorturl.at/WaNYs],” the data sheet continued.
One legal expert told The Tribune: “The NFAEP is not informing people that if they have a reasonable excuse, they can opt out and should be given a month time to have their case reviewed.”
However, the NFAEP refused to say why it would not allow for the provision of a reasonable excuse.
Instead, it stated: “We are authorised under the Biosecurity Act 2014 Qld [https://shorturl.at/8sKlv] to access and treat properties to achieve our eradication objectives.
“It is an offence to obstruct an authorised officer without a reasonable excuse and penalties may apply.
“A reasonable excuse is determined by the impact to the broader community and not solely on the individual.
“To meet the requirements of the fire ant national response plan 2023-27 [https://shorturl.at/29VzB] and ensure successful eradication, we must treat 100 percent of properties in the eradication treatment area.
“Individuals or groups who obstruct our national biosecurity efforts undermine community safety and stand in the way of a fire ant-free Australia.”
The Queensland Police Service also declined to say it was forcing entry on to private land for biosecurity workers.
A police statement said it was there to “help public officials to perform functions that the public officials are authorised to perform under an Act, which includes the Biosecurity Act 2014”.
“Police powers are not limited to the powers under the Biosecurity Act and include the officer’s powers under the Police Powers and Responsibilities Act 2000 (PPRA) and the common law.
“Police will continue to work with authorised officers under the Biosecurity Act 2014 to help them to perform their functions, where requested, and as permitted, under that Act and the PPRA.”
However, Section 17 of the PPRA also included a clause that stated: “The police officer may ask the person whether the person has a reasonable excuse for not complying with the requirement and, if the person gives an excuse, ask for details or further details of the excuse.”
Despite 24 years and more than $1 billion taxpayer dollars, net fire ant infestation has grown exponentially.
Many experts believe eradication is now impossible.
