{"id":"tas:sr-1996-205","name":"Agricultural and Veterinary Chemicals (Control of Use) (Agricultural Spraying) Order 1996","slug":"agricultural-and-veterinary-chemicals-control-of-use-agricultural-spraying-order-1996","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"205 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319108,"registerId":"tas-tas:sr-1996-205-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Agricultural and Veterinary Chemicals (Control of Use) (Agricultural Spraying) Order 1996](/view/html/inforce/2026-04-12/sr-9999-999) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day proclaimed under [section 2 of the](/view/html/inforce/2026-04-12/act-1995-106#GS2@EN) [Agricultural and Veterinary Chemicals (Control of Use) Act 1995](/view/html/inforce/2026-04-12/act-1995-106) .","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this order –\n> > \n> > > ***Act*** means the [Agricultural and Veterinary Chemicals (Control of Use) Act 1995](/view/html/inforce/2026-04-12/act-1995-106) .\n> \n> > (2)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if the order were by-laws.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Chemical control area","content":"### 4 Chemical control area\n\n> In this order, the whole of Tasmania is the chemical control area.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Prohibition on spraying certain agricultural chemical products other than with a permit","content":"### 5 Prohibition on spraying certain agricultural chemical products other than with a permit\n\n> A person must not perform by any means any agricultural spraying of an agricultural chemical product, or an agricultural chemical product of a class of agricultural chemical product, specified in [Schedule 1](#JS1@EN) except where the agricultural spraying is conducted in accordance with a permit granted and in force under [section 29](/view/html/inforce/2026-04-12/act-1995-106#GS29@EN) of the Act.\n> \n> Penalty:  Fine not exceeding 50 penalty units.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Prohibition on spraying certain agricultural chemical products during certain period","content":"### 6 Prohibition on spraying certain agricultural chemical products during certain period\n\n> A person must not perform by any means any agricultural spraying of an agricultural chemical product, or an agricultural chemical product of a class of agricultural chemical product, specified in column 1 of [Schedule 2](#JS2@EN) during the period specified in column 2 of that Schedule next to that agricultural chemical product or class except where the agricultural spraying is conducted in accordance with a permit granted and in force under [section 29](/view/html/inforce/2026-04-12/act-1995-106#GS29@EN) of the Act.\n> \n> Penalty:  Fine not exceeding 50 penalty units.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Prohibitions on spraying agricultural chemical products by aircraft","content":"### 7 Prohibitions on spraying agricultural chemical products by aircraft\n\n> > (1)  A person must not perform aerial spraying of an agricultural chemical product, or an agricultural chemical product of a class of agricultural chemical product, specified in [Schedule 3](#JS3@EN) except where the spraying is conducted in accordance with a permit granted and in force under [section 29](/view/html/inforce/2026-04-12/act-1995-106#GS29@EN) of the Act.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.\n> \n> > (2)  A person must not perform, cause to be performed or allow to be performed any aerial spraying of an agricultural chemical product in contravention of the Code of Practice for Aerial Spraying in Tasmania published from time to time by the Council.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Prohibition on spraying certain chemical products for the purposes of vertebrate pest control","content":"### 8 Prohibition on spraying certain chemical products for the purposes of vertebrate pest control\n\n> > (1)  A person must not perform by any means any agricultural spraying of a chemical product, or a chemical product of a class of chemical product, specified in [Schedule 4](#JS4@EN) if that spraying is for the purpose of controlling pests that are vertebrates.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.\n> \n> > (2)  [Subclause (1)](#GS8@Gs1@EN) does not apply to an inspector who is authorised by the Chief Veterinary Officer to perform agricultural spraying of a chemical product referred to in that subclause for the purpose of controlling pests that are vertebrates.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Agricultural chem","sectionType":"part","heading":"SCHEDULE 1 - Agricultural chemical products that cannot be sprayed except under a permit","content":"# SCHEDULE 1 - Agricultural chem SCHEDULE 1 - Agricultural chemical products that cannot be sprayed except under a permit\n\n[Clause 5](#GS5@EN)\n\n> **1.**   A chemical product containing 4 aminopyridine hydrochloride\n\n> **2.**   A chemical product containing alpha chloralose\n\n> **3.**   A chemical product containing beta chloralose\n\n> **4.**   A chemical product containing mevinphos\n\n> **5.**   A chemical product containing fenthion, when used or to be used for control of birds\n\n> **6.**   A chemical product containing pindone.","sortOrder":8},{"sectionNumber":"SCHEDULE 2 - Agricultural chem","sectionType":"part","heading":"SCHEDULE 2 - Agricultural chemical products that cannot be sprayed during certain periods","content":"# SCHEDULE 2 - Agricultural chem SCHEDULE 2 - Agricultural chemical products that cannot be sprayed during certain periods\n\n[Clause 6](#GS6@EN)\n\n| Column 1 – Agricultural Chemical Products | Column 2 – Period |\n| 1. An agricultural product containing 2, 4-D | 15 September in any year to 15 April in the next year |","sortOrder":9},{"sectionNumber":"SCHEDULE 3 - Agricultural chem","sectionType":"part","heading":"SCHEDULE 3 - Agricultural chemical products that cannot be aerial sprayed","content":"# SCHEDULE 3 - Agricultural chem SCHEDULE 3 - Agricultural chemical products that cannot be aerial sprayed\n\n[Clause 7](#GS7@EN)\n\n> **1.**   A chemical product which is listed, or which contains a constituent that is listed, in Schedule 7 to the Standard for the Uniform Scheduling of Drugs and Poisons, within the meaning of the Agvet Regulations of Tasmania.","sortOrder":10},{"sectionNumber":"SCHEDULE 4 - Chemical products","sectionType":"part","heading":"SCHEDULE 4 - Chemical products that cannot be sprayed for the purposes of controlling vertebrate pests","content":"# SCHEDULE 4 - Chemical products SCHEDULE 4 - Chemical products that cannot be sprayed for the purposes of controlling vertebrate pests\n\n[Clause 8](#GS8@EN)\n\n> **1.**   Strychnine\n\n> **2.**   Potassium cyanide\n\n> **3.**   Sodium cyanide\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 25 December 1996\n\nThis order is administered in the Department of Primary Industry and Fisheries.","sortOrder":11}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself contains no amendment or transitional language indicating a change from an earlier scope; it establishes control measures and prohibitions as set out in the Schedules and clauses when notified."},"complexity_factors":["Cross-reference to permit power in the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 (permit discretion centralised under s29) (clauses 5, 6, 7)","Multiple Schedules list specific substances and classes (Schedules 1–4) requiring substance‑level compliance checks","Seasonal prohibition with fixed dates for 2,4‑D (Schedule 2) creates calendar compliance obligations","Aerial spraying constrained both by substance lists and a Council Code of Practice, introducing an external standard and administrative enforcement (clause 7(2))","Higher penalties for aerial and vertebrate‑pest‑related breaches (clauses 7, 8) increase enforcement stakes","External legal references increase interpretive load: Acts Interpretation Act applies to this order and Schedule 3 refers to the Standard for the Uniform Scheduling of Drugs and Poisons","Wide geographic scope (whole of Tasmania, clause 4) concentrates compliance obligations across many operators"],"plain_english_summary":"This order makes the whole of Tasmania a chemical control area and prohibits specified agricultural chemical spraying except where a permit under s29 of the Act is in force (notably seasonal limits on 2,4‑D, bans on listed substances, aerial‑spray limits and prohibitions for vertebrate pest control). It affects farmers, aerial applicators and pest controllers, who must get permits, follow a Council Code of Practice for aerial spraying, and face fines for breaches."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: controlling agricultural spraying of dangerous chemicals in Tasmania. The scope has not expanded beyond chemical control areas, permit systems for restricted spraying, and specific prohibitions on aerial application and vertebrate pest control. The 1996 Order appears to maintain its original regulatory intent without significant mission creep."},"complexity_factors":["Only 3 defined terms in the interpretation section ('Act', implicit references to Schedules, and application of the Acts Interpretation Act 1931)","Straightforward prohibitory structure with clear exceptions (permit requirements)","Four simple schedules listing specific chemical products or classes by name","No nested exceptions or complex conditional logic—only single-level exemptions for permit holders and authorised inspectors","Minimal cross-referencing (only to the parent Act for permit provisions and penalty unit definitions)","Short document (approximately 8 substantive clauses plus schedules)"],"plain_english_summary":"This Tasmanian law regulates how agricultural chemicals can be sprayed to protect people, animals, and the environment from dangerous pesticides and poisons.\n\n**What it does:**\nThe Order creates four main rules that apply across all of Tasmania:\n\n- **Banned chemicals (Schedule 1):** You cannot spray certain dangerous chemicals at all—including products containing 4-aminopyridine, alpha chloralose, beta chloralose, mevinphos, fenthion (when used for bird control), or pindone—unless you have a special permit from the government.\n\n- **Seasonal bans (Schedule 2):** You cannot spray products containing 2,4-D (a common herbicide) between 15 September and 15 April each year, unless you have a permit. This protects sensitive crops and environments during the growing season.\n\n- **Aerial spraying restrictions (Schedule 3):** You cannot spray Schedule 7 poisons (the most dangerous poisons under national standards) from aircraft, unless you have a permit. You must also follow Tasmania's official Code of Practice for aerial spraying.\n\n- **Vertebrate pest control ban (Schedule 4):** You cannot use strychnine, potassium cyanide, or sodium cyanide for spraying to control animal pests (like rodents or wild animals). The only exception is for government inspectors specifically authorised by the Chief Veterinary Officer.\n\n**Who it affects:**\n- Farmers and agricultural contractors who spray chemicals\n- Aerial spraying businesses\n- Anyone using chemicals for pest control\n- Government inspectors enforcing the rules\n\n**Why it matters:**\nThese rules prevent accidental poisoning of wildlife, livestock, neighbouring crops, and people. The chemicals listed are particularly toxic—some are deadly poisons (strychnine, cyanide), others are highly toxic pesticides. The seasonal restriction on 2,4-D prevents damage to sensitive plants during Tasmania's growing period. The permit system allows flexibility for legitimate uses while maintaining strict oversight."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the information available, there is no indication that the scope of this Order has changed from its original intent. It has remained current and largely unchanged since 1 January 1997, suggesting it continues to serve its original purpose of regulating agricultural spraying practices in Tasmania."},"complexity_factors":["Subordinate legislation (Order) made under a parent Act, requiring understanding of the enabling Act to fully interpret","Technical subject matter involving agricultural chemistry, equipment, and land use","Likely contains conditional requirements (e.g., buffer zones, weather conditions) that interact with specific factual circumstances","Has been in force since 1997 with potential amendments, requiring cross-referencing with the Table of Amendments","Limited substantive content was provided for analysis, increasing interpretive uncertainty","Regulatory compliance obligations may vary depending on the type of chemical, location, and method of application"],"plain_english_summary":"The Agricultural and Veterinary Chemicals (Control of Use) (Agricultural Spraying) Order 1996 (Tas) is a subordinate instrument governing the use of chemical sprays in Tasmanian agriculture. It affects farmers, spray contractors and anyone operating spray equipment by setting conditions on when, where and how agricultural chemicals may be used.\n\nSuch orders typically impose buffer zones, licensing/competency, record‑keeping and notification requirements to reduce drift, protect waterways, wildlife, neighbours and public health. The full operative provisions are not included here."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-agricultural-spraying-order-1996","history":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-agricultural-spraying-order-1996/history","analysis":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-agricultural-spraying-order-1996/analysis","conflicts":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-agricultural-spraying-order-1996/conflicts","importantCases":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-agricultural-spraying-order-1996/important-cases","documents":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-agricultural-spraying-order-1996/documents"}}