{"id":"tas:sr-2011-091","name":"Agricultural and Veterinary Chemicals (Control of Use) (Methyl Bromide) Order 2011","slug":"agricultural-and-veterinary-chemicals-control-of-use-methyl-bromide-order-2011","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"91 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314732,"registerId":"tas-tas:sr-2011-091-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) (Methyl Bromide) Order 2011](/view/html/inforce/2026-04-12/sr-2011-091) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> 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> > ***fumigant*** means a chemical which at a particular temperature and pressure can exist in a gaseous state in sufficient concentration and for sufficient time to be lethal to insects and other pests;\n> \n> > ***methyl bromide fumigant*** means a fumigant where all or part of the fumigant is comprised of the chemical methyl bromide.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Handling and use of methyl bromide","content":"### 4 Handling and use of methyl bromide\n\n> A methyl bromide fumigant must not be handled or used in a quantity exceeding 50kg except as authorised by a permit granted and in force under the Act.\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 14 September 2011\n\nThis order is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Order establishes a clear, single quantitative restriction and a permit requirement. It does not indicate any expansion or contraction beyond that defined restriction and the Act-based permit framework."},"complexity_factors":["Single substantive prohibition limiting quantity to 50 kg (s4) — narrow and specific rule.","Relies on external permit regime under the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 for authorisation and implementation — introduces administrative discretion and external criteria.","Small number of defined terms (s3) clarifies scope but does not create layered definitions.","Commencement is straightforward (Gazette notification) (s2).","No detailed enforcement, fee, or procedural rules in the instrument itself — enforcement and compliance procedures depend on the Act and delegated processes."],"plain_english_summary":"This Order forbids handling or using more than 50 kg of methyl bromide unless a permit under the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 authorises it (s4). It defines what counts as a methyl bromide fumigant (s3) and takes effect on Gazette notification (s2). The practical effect is to shift decisions about larger-scale use to the Act’s permit process and to impose a compliance obligation on businesses or individuals handling this chemical."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the order appears to remain narrowly focused on its original intent: controlling the use of methyl bromide in agricultural and veterinary contexts in Tasmania. No amendments have altered its scope since commencement in September 2011."},"complexity_factors":["Operates as a subordinate instrument (order) under a parent Act, requiring cross-referencing to understand full legal obligations","Intersects with international treaty obligations (Montreal Protocol) which adds a regulatory layer beyond domestic law","Technical subject matter involving chemical safety and licensing requirements that may reference scientific or industry standards","Limited text available in this excerpt makes it difficult to assess the full scope of specific obligations imposed"],"plain_english_summary":"This Tasmanian order tightly regulates the use of methyl bromide — a toxic, ozone‑depleting fumigant — by setting legal conditions on who may use it and when. It applies to farmers, pest‑control operators and chemical suppliers working with the substance.\n\nIt matters because methyl bromide poses serious health and environmental risks and is being phased out internationally; those who use it in Tasmania must follow the order’s rules or face penalties under the parent Act."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow scope. It was clearly intended from the outset to impose a specific quantity restriction on methyl bromide use as a control measure under the parent Act, and it does exactly that without expansion into ancillary matters."},"complexity_factors":["Only 3 defined terms in the interpretation section","Single operative provision with straightforward prohibition","No cross-references to other legislation beyond the parent Act citation","No exceptions, exemptions, or conditional logic beyond the permit exception","Extremely short length (4 sections total)","Clear quantitative threshold (50kg) with simple binary compliance test"],"plain_english_summary":"This law restricts how much methyl bromide (a toxic gas used to kill pests) people can use at once. **The bottom line:** You cannot handle or use more than 50 kilograms of methyl bromide fumigant unless you have a special permit.\n\n**What is methyl bromide?** It's a dangerous chemical gas used to fumigate (treat with gas to kill insects, rodents, or diseases) agricultural products, soil, or buildings. It's effective but harmful to human health and the ozone layer.\n\n**Who does this affect?**\n- Farmers and agricultural businesses who use methyl bromide for pest control\n- Fumigation companies and operators\n- Anyone importing or exporting goods that require fumigation treatment\n\n**Why does this matter?** Methyl bromide is highly toxic to humans and damages the Earth's ozone layer. Australia has international obligations to phase out its use under the Montreal Protocol (an environmental treaty). This 50kg limit is a control measure to restrict large-scale use while still allowing smaller, permitted applications where alternatives aren't available."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-methyl-bromide-order-2011","history":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-methyl-bromide-order-2011/history","analysis":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-methyl-bromide-order-2011/analysis","conflicts":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-methyl-bromide-order-2011/conflicts","importantCases":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-methyl-bromide-order-2011/important-cases","documents":"/api/acts/agricultural-and-veterinary-chemicals-control-of-use-methyl-bromide-order-2011/documents"}}