Fire ant legal stoush as Qld residents push back against biosecurity officers

A crack legal team has been assembled by residents concerned with the conduct of biosecurity officers eradicating fire ants on their properties.

Fire ants are a clear and present danger in Queensland.

A group of Gold Coast residents has called in lawyers to mount a possible class action against the state’s “aggressive and assertive” fire ant eradication program.

More than a dozen residents concerned about the health impacts of fire ant treatments have engaged top lawyer Mia Behlau and leading barrister Christian Jennings KC to review the conduct of biosecurity officers and police who they claim have forced their way on to properties.

The Courier-Mail revealed last week that fire ant officials working desperately to stop the spread of the deadly pests had been forced to call in police to protect them from hostile homeowners concerned about toxic chemicals.

But Ms Behlau, a Queensland Law Society councillor, said it was “quite the opposite”.

“It’s the biosecurity officers who have been very aggressive and assertive,” she said.

“I have clients who have a ‘reasonable excuse’ under the Biosecurity Act as to why the treatment should not be permitted on their properties, but some have had officers jumping their fences and bullying and harassing them under the guise of the Act.”

Ms Behlau said the Biosecurity Act had far-reaching powers and the Department of Environment was refusing to consider the concerns of residents with chemical sensitivities and medical issues.

“The department has said they may be able to work around these issues but at the same time they’re treating 100 per cent of properties that are affected, or may be affected, by fire ants,” she said.

Fire ant mapping of the Gold Coast in mid-2023

“They’re not accepting our submissions in relation to individuals’ medical or health related issues so there might need to be some judicial intervention to restrain the department from trespassing on people’s properties.

“It’s going to go legal if they don’t properly consider individual circumstances.”

Ms Behlau said her clients were reporting that fire ant treatments were being used “willy nilly” on their properties, including around children’s play equipment.

Aerial spraying was also being used as part of the “overtreatment” program, she said.

“It’s getting on people’s roofs where they collect rainwater and they’re ingesting this stuff,” she said.

“They’re saying that animals are getting sick and dying, waterways are being polluted and fish are being killed.

“People have lost trust in the department and that’s the reason they’re challenging the program.”

Some residents have blocked access to officers trying to treat affected properties, fire ant safety signs have been vandalised and professional corflutes calling for an end to the “toxic fire ant program” with links to a website are being plastered across Queensland suburbs.

Social media has also lit up with posts from people claiming the fire ant treatments are dangerous for humans, animals and the environment, and urging resistance.

A National Fire Ant Eradication Program spokeswoman told The Courier-Mail that about 100,000 properties covering more than 240,000ha of land had been treated since August, with more than 99 per cent of owners and tenants co-operating with officers to ensure fast and effective treatment.

“Our eradication officers work diligently with property owners and tenants to secure property access. While we make every effort to inform them of our need to access their property, we are legally authorised under the Biosecurity Act 2014 (Qld) to enter and treat properties,” she said.

“In cases of repeated obstruction, we adopt an escalated model including engaging Queensland Police Service to assist us in ensuring safe and lawful property access.

A fire ants’ nest

“We maintain a zero-tolerance stance against any abuse or threats directed at our officers.

“Your communities are our officers’ workplace, and they deserve a safe workplace like all Queenslanders.

“We have also experienced targeted vandalism of public safety signs and messaging which is specifically designed to warn people about the presence of fire ants and keep our communities safe.

“Our officers are working to protect everyone from fire ants.”

The spokeswoman said fire ant treatments were assessed and endorsed by the Australian Pesticides and Veterinary Medicines Authority, ensuring safety for people, animals and the environment.

“Treatment consists of small pieces of corn grit soaked in soybean oil with a low concentration of an insect growth regulator, either pyriproxyfen or S-methoprene,” she said.

“These active ingredients – commonly used in veterinary and agricultural applications like flea and parasite control and livestock feed additives – are not classified as ‘poisons’ under the Therapeutic Goods (Poisons Standard) Instrument due to their low toxicity to humans.

“Our goal is to work with property owners and tenants to ensure effective eradication and protect Australia from the devastating impacts of fire ants on our health, environment, economy, and outdoor way of life.”

The latest fire ant mapping reveals more than 14,000 infestation sites across Brisbane and Logan alone.

An Australia Institute report released in September warned that allowing fire ants to spread could cause six deaths every year, trigger 116,000 medical visits and cost Queensland households $188m a year in pest management, medical and veterinary visits.