{"id":"qld:sl-2021-0129","name":"Agricultural Chemicals Distribution Control Regulation 2021","slug":"agricultural-chemicals-distribution-control-regulation-2021","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"129 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173855,"registerId":"qld-sl-2021-0129-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Agricultural Chemicals Distribution Control Regulation 2021 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 31 August 2021 .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 6 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Parts of State excluded from application of Act— Act , s 3","content":"### sec.4 Parts of State excluded from application of Act— Act , s 3\n\nFor section 3 of the Act , it is declared that the Act does not apply in the parts of the State shown on the map in schedule 1 .\nThe exact location of the boundary of the parts of the State in which the Act is declared not to apply is held in digital electronic form by the department.\nA map showing the exact location of the boundary of the parts of the State in which the Act is declared not to apply can be accessed, free of charge, on the department’s website.\nThe information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.\n(sec.4-ssec.1) For section 3 of the Act , it is declared that the Act does not apply in the parts of the State shown on the map in schedule 1 .\n(sec.4-ssec.2) The exact location of the boundary of the parts of the State in which the Act is declared not to apply is held in digital electronic form by the department.\n(sec.4-ssec.3) A map showing the exact location of the boundary of the parts of the State in which the Act is declared not to apply can be accessed, free of charge, on the department’s website.\n(sec.4-ssec.4) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Ground equipment—Act, schedule","content":"### sec.5 Ground equipment—Act, schedule\n\nFor the schedule of the Act , definition ground equipment , a machine or apparatus, in an area other than a hazardous area, is prescribed not to be ground equipment for the purposes of the Act if the machine or apparatus—\nis powered by hand; or\nis powered by compressed air or gas applied directly to the spray liquid for distribution without the use of air blasting techniques; or\nis a hose proportioning device.\n- (a) is powered by hand; or\n- (b) is powered by compressed air or gas applied directly to the spray liquid for distribution without the use of air blasting techniques; or\n- (c) is a hose proportioning device.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Aerial distribution","content":"# Aerial distribution","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Qualification for pilot chemical rating licence— Act , s 12","content":"### sec.6 Qualification for pilot chemical rating licence— Act , s 12\n\nThis section prescribes the qualification for section 12 (2) (c) of the Act .\nIf a person intends to pilot only a manned aircraft under the licence, the qualification prescribed is a spraysafe accreditation.\nIf a person intends to pilot a manned aircraft, and use a UAV, under the licence, the qualification prescribed is a spraysafe accreditation.\nIf a person intends to use only a UAV under the licence, the qualification prescribed is—\na spraysafe accreditation; or\na statement of attainment issued by a registered training organisation stating that the person has successfully completed each of the following units of competency of a VET course—\nAHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases;\nAHCCHM304—Transport and store chemicals; or\na record of results issued by a registered training organisation that shows the person has successfully completed each of the units of competency mentioned in paragraph (b) .\nThis section does not apply in relation to a person mentioned in subsection (2) , (3) or (4) who—\ndoes not hold the qualification prescribed under the subsection; but\nhas successfully completed training the chief executive reasonably considers is substantially equivalent to the qualification.\nNothing in this section prevents Aerial Application Association of Australia Ltd ACN 002 501 886 charging a reasonable fee, under an express or implied contract or a law, in relation to providing for a person to attain, or attempt to attain, a spraysafe accreditation.\nIn this section—\nspraysafe accreditation means an accreditation issued by Aerial Application Association of Australia Ltd ACN 002 501 886 that—\nis designed for aircraft pilots; and\nrelates to safety in aerial distribution.\n(sec.6-ssec.1) This section prescribes the qualification for section 12 (2) (c) of the Act .\n(sec.6-ssec.2) If a person intends to pilot only a manned aircraft under the licence, the qualification prescribed is a spraysafe accreditation.\n(sec.6-ssec.3) If a person intends to pilot a manned aircraft, and use a UAV, under the licence, the qualification prescribed is a spraysafe accreditation.\n(sec.6-ssec.4) If a person intends to use only a UAV under the licence, the qualification prescribed is— a spraysafe accreditation; or a statement of attainment issued by a registered training organisation stating that the person has successfully completed each of the following units of competency of a VET course— AHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases; AHCCHM304—Transport and store chemicals; or a record of results issued by a registered training organisation that shows the person has successfully completed each of the units of competency mentioned in paragraph (b) .\n(sec.6-ssec.5) This section does not apply in relation to a person mentioned in subsection (2) , (3) or (4) who— does not hold the qualification prescribed under the subsection; but has successfully completed training the chief executive reasonably considers is substantially equivalent to the qualification.\n(sec.6-ssec.6) Nothing in this section prevents Aerial Application Association of Australia Ltd ACN 002 501 886 charging a reasonable fee, under an express or implied contract or a law, in relation to providing for a person to attain, or attempt to attain, a spraysafe accreditation.\n(sec.6-ssec.7) In this section— spraysafe accreditation means an accreditation issued by Aerial Application Association of Australia Ltd ACN 002 501 886 that— is designed for aircraft pilots; and relates to safety in aerial distribution.\n- (a) a spraysafe accreditation; or\n- (b) a statement of attainment issued by a registered training organisation stating that the person has successfully completed each of the following units of competency of a VET course— (i) AHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases; (ii) AHCCHM304—Transport and store chemicals; or\n- (i) AHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases;\n- (ii) AHCCHM304—Transport and store chemicals; or\n- (c) a record of results issued by a registered training organisation that shows the person has successfully completed each of the units of competency mentioned in paragraph (b) .\n- (i) AHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases;\n- (ii) AHCCHM304—Transport and store chemicals; or\n- (a) does not hold the qualification prescribed under the subsection; but\n- (b) has successfully completed training the chief executive reasonably considers is substantially equivalent to the qualification.\n- (a) is designed for aircraft pilots; and\n- (b) relates to safety in aerial distribution.","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Ground distribution","content":"# Ground distribution","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Classes of commercial operator’s licence— Act , s 16","content":"### sec.7 Classes of commercial operator’s licence— Act , s 16\n\nFor section 16 (1) of the Act , the following classes of a commercial operator’s licence are prescribed—\na commercial operator’s licence, restricted to herbicides or equipment stated in the licence (a restricted commercial operator’s licence );\na commercial operator’s licence, not restricted to herbicides or equipment stated in the licence (an unrestricted commercial operator’s licence ).\n- (a) a commercial operator’s licence, restricted to herbicides or equipment stated in the licence (a restricted commercial operator’s licence );\n- (b) a commercial operator’s licence, not restricted to herbicides or equipment stated in the licence (an unrestricted commercial operator’s licence ).","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Qualification for unrestricted commercial operator’s licence— Act , s 16","content":"### sec.8 Qualification for unrestricted commercial operator’s licence— Act , s 16\n\nFor section 16 (2) of the Act , the qualification prescribed for an unrestricted commercial operator’s licence is—\na statement of attainment issued by a registered training organisation stating that the person has successfully completed each of the following units of competency of a VET course—\nAHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases;\nAHCCHM304—Transport and store chemicals; or\na record of results issued by a registered training organisation that shows the person has successfully completed each of the units of competency mentioned in paragraph (a) .\nThis section does not apply in relation to a person who—\ndoes not hold the qualification prescribed under subsection (1) ; but\nhas successfully completed training the chief executive reasonably considers is substantially equivalent to the qualification.\n(sec.8-ssec.1) For section 16 (2) of the Act , the qualification prescribed for an unrestricted commercial operator’s licence is— a statement of attainment issued by a registered training organisation stating that the person has successfully completed each of the following units of competency of a VET course— AHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases; AHCCHM304—Transport and store chemicals; or a record of results issued by a registered training organisation that shows the person has successfully completed each of the units of competency mentioned in paragraph (a) .\n(sec.8-ssec.2) This section does not apply in relation to a person who— does not hold the qualification prescribed under subsection (1) ; but has successfully completed training the chief executive reasonably considers is substantially equivalent to the qualification.\n- (a) a statement of attainment issued by a registered training organisation stating that the person has successfully completed each of the following units of competency of a VET course— (i) AHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases; (ii) AHCCHM304—Transport and store chemicals; or\n- (i) AHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases;\n- (ii) AHCCHM304—Transport and store chemicals; or\n- (b) a record of results issued by a registered training organisation that shows the person has successfully completed each of the units of competency mentioned in paragraph (a) .\n- (i) AHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases;\n- (ii) AHCCHM304—Transport and store chemicals; or\n- (a) does not hold the qualification prescribed under subsection (1) ; but\n- (b) has successfully completed training the chief executive reasonably considers is substantially equivalent to the qualification.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Relevant pest management qualification for pest management technician— Act , s 16A","content":"### sec.9 Relevant pest management qualification for pest management technician— Act , s 16A\n\nFor section 16A (4) of the Act , definition relevant pest management qualification , the qualification prescribed is—\na statement of attainment issued by a registered training organisation stating that a person has successfully completed each of the following units of competency of a VET course—\nCPPUPM3005—Manage pests without applying pesticides;\nCPPUPM3006—Manage pests by applying pesticides;\nCPPUPM3018—Maintain equipment and pesticide storage area in pest management vehicles; or\nthe successful completion of training the chief executive reasonably considers is substantially equivalent to a statement of attainment mentioned in paragraph (a) .\n- (a) a statement of attainment issued by a registered training organisation stating that a person has successfully completed each of the following units of competency of a VET course— (i) CPPUPM3005—Manage pests without applying pesticides; (ii) CPPUPM3006—Manage pests by applying pesticides; (iii) CPPUPM3018—Maintain equipment and pesticide storage area in pest management vehicles; or\n- (i) CPPUPM3005—Manage pests without applying pesticides;\n- (ii) CPPUPM3006—Manage pests by applying pesticides;\n- (iii) CPPUPM3018—Maintain equipment and pesticide storage area in pest management vehicles; or\n- (b) the successful completion of training the chief executive reasonably considers is substantially equivalent to a statement of attainment mentioned in paragraph (a) .\n- (i) CPPUPM3005—Manage pests without applying pesticides;\n- (ii) CPPUPM3006—Manage pests by applying pesticides;\n- (iii) CPPUPM3018—Maintain equipment and pesticide storage area in pest management vehicles; or","sortOrder":11},{"sectionNumber":"pt.4","sectionType":"part","heading":"Regulation of licensing","content":"# Regulation of licensing","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Form of licence","content":"### sec.10 Form of licence\n\nA licence must be in the approved form.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Information notice for decision of standards officer to suspend licence— Act , s 20","content":"### sec.11 Information notice for decision of standards officer to suspend licence— Act , s 20\n\nThis section applies if the standards officer decides, under section 20 of the Act , to suspend a licence.\nThe standards officer must, as soon as practical after the decision is made, give the holder of the licence an information notice for the decision.\n(sec.11-ssec.1) This section applies if the standards officer decides, under section 20 of the Act , to suspend a licence.\n(sec.11-ssec.2) The standards officer must, as soon as practical after the decision is made, give the holder of the licence an information notice for the decision.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Right of review","content":"### sec.12 Right of review\n\nThis section applies if the holder of a licence must be given an information notice under section 11 for a decision of the standards officer to suspend the licence.\nThe holder may apply to QCAT, as provided under the QCAT Act, for a review of the decision.\n(sec.12-ssec.1) This section applies if the holder of a licence must be given an information notice under section 11 for a decision of the standards officer to suspend the licence.\n(sec.12-ssec.2) The holder may apply to QCAT, as provided under the QCAT Act, for a review of the decision.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Register— Act , s 24","content":"### sec.13 Register— Act , s 24\n\nFor section 24 (1) of the Act , the manner prescribed is in electronic form.\nFor section 24 (1) of the Act , the following particulars are prescribed for each licensee—\nthe licensee’s name;\nthe licensee’s suburb;\nthe number of the licence;\nthe type of licence;\nthe date the licence commences;\nthe date the licence expires.\nThe standards officer may also enter other particulars in the register that the standards officer thinks are appropriate.\n(sec.13-ssec.1) For section 24 (1) of the Act , the manner prescribed is in electronic form.\n(sec.13-ssec.2) For section 24 (1) of the Act , the following particulars are prescribed for each licensee— the licensee’s name; the licensee’s suburb; the number of the licence; the type of licence; the date the licence commences; the date the licence expires.\n(sec.13-ssec.3) The standards officer may also enter other particulars in the register that the standards officer thinks are appropriate.\n- (a) the licensee’s name;\n- (b) the licensee’s suburb;\n- (c) the number of the licence;\n- (d) the type of licence;\n- (e) the date the licence commences;\n- (f) the date the licence expires.","sortOrder":16},{"sectionNumber":"pt.5","sectionType":"part","heading":"Regulation of distribution","content":"# Regulation of distribution","sortOrder":17},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Particular requirements for aerial distribution","content":"### sec.14 Particular requirements for aerial distribution\n\nA pilot in command must not carry out aerial distribution unless each spray nozzle used to carry out the distribution is fitted with a positive and effective leakproof cut-off system.\nMaximum penalty—20 penalty units.","sortOrder":19},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Areas other than hazardous areas","content":"## Areas other than hazardous areas","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"No distribution if damage or injury to crop or stock","content":"### sec.15 No distribution if damage or injury to crop or stock\n\nThis section applies to—\nthe pilot in command in charge of aerial distribution in an area other than a hazardous area; or\na licensed commercial operator in charge of ground distribution in an area other than a hazardous area.\nThe pilot in command or licensed commercial operator must not carry out the aerial distribution or the ground distribution with equipment, or under meteorological conditions, that might reasonably be expected to cause damage or injury to—\na crop the pilot or operator did not intend to treat by the distribution; or\nstock.\nMaximum penalty—20 penalty units.\nSee section 19 in relation to aerial distribution and ground distribution in a hazardous area.\n(sec.15-ssec.1) This section applies to— the pilot in command in charge of aerial distribution in an area other than a hazardous area; or a licensed commercial operator in charge of ground distribution in an area other than a hazardous area.\n(sec.15-ssec.2) The pilot in command or licensed commercial operator must not carry out the aerial distribution or the ground distribution with equipment, or under meteorological conditions, that might reasonably be expected to cause damage or injury to— a crop the pilot or operator did not intend to treat by the distribution; or stock. Maximum penalty—20 penalty units.\n- (a) the pilot in command in charge of aerial distribution in an area other than a hazardous area; or\n- (b) a licensed commercial operator in charge of ground distribution in an area other than a hazardous area.\n- (a) a crop the pilot or operator did not intend to treat by the distribution; or\n- (b) stock.","sortOrder":21},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Hazardous areas","content":"## Hazardous areas","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Hazardous areas— Act , s 28","content":"### sec.16 Hazardous areas— Act , s 28\n\nFor section 28 of the Act , each of the following areas is declared to be a hazardous area—\nthe area shown on the map in schedule 2 ( hazardous area no. 1 );\nthe area shown on the map in schedule 3 ( hazardous area no. 2 );\nthe area shown on the map in schedule 4 ( hazardous area no. 3 ).\nThe exact location of the boundary of each of the hazardous areas is held in digital electronic form by the department.\nMaps showing the exact location of the boundary of each of the hazardous areas can be accessed, free of charge, on the department’s website.\nThe information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.\n(sec.16-ssec.1) For section 28 of the Act , each of the following areas is declared to be a hazardous area— the area shown on the map in schedule 2 ( hazardous area no. 1 ); the area shown on the map in schedule 3 ( hazardous area no. 2 ); the area shown on the map in schedule 4 ( hazardous area no. 3 ).\n(sec.16-ssec.2) The exact location of the boundary of each of the hazardous areas is held in digital electronic form by the department.\n(sec.16-ssec.3) Maps showing the exact location of the boundary of each of the hazardous areas can be accessed, free of charge, on the department’s website.\n(sec.16-ssec.4) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.\n- (a) the area shown on the map in schedule 2 ( hazardous area no. 1 );\n- (b) the area shown on the map in schedule 3 ( hazardous area no. 2 );\n- (c) the area shown on the map in schedule 4 ( hazardous area no. 3 ).","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Purpose of subdivision","content":"### sec.17 Purpose of subdivision\n\nFor sections 28 (1) and 29 of the Act , this subdivision prescribes the conditions for carrying out aerial distribution or ground distribution in a hazardous area.\nUnder section 29 of the Act , a person must not carry out aerial distribution or ground distribution in a hazardous area unless the distribution is carried out under the conditions prescribed by regulation for the area. The maximum penalty for a contravention of section 29 of the Act is 100 penalty units or 6 months imprisonment.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Definition for subdivision","content":"### sec.18 Definition for subdivision\n\nIn this subdivision—\nauthorised technique , in relation to ground distribution, means—\na stem injection; or\ncut stump treatment, frill ringing or basal bark treatment carried out not less than 100m from a crop that—\nis not on a property owned by the person for whom the treatment is carried out; and\nis susceptible to damage from the treatment.\n- (a) a stem injection; or\n- (b) cut stump treatment, frill ringing or basal bark treatment carried out not less than 100m from a crop that— (i) is not on a property owned by the person for whom the treatment is carried out; and (ii) is susceptible to damage from the treatment.\n- (i) is not on a property owned by the person for whom the treatment is carried out; and\n- (ii) is susceptible to damage from the treatment.\n- (i) is not on a property owned by the person for whom the treatment is carried out; and\n- (ii) is susceptible to damage from the treatment.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"No distribution if damage or injury to crop or stock","content":"### sec.19 No distribution if damage or injury to crop or stock\n\nAerial distribution or ground distribution must not be carried out in a hazardous area with equipment, or under meteorological conditions, that might reasonably be expected to cause damage or injury to—\na crop the person carrying out the distribution did not intend to treat by the distribution; or\nstock.\n- (a) a crop the person carrying out the distribution did not intend to treat by the distribution; or\n- (b) stock.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Smoke generation for aerial distribution","content":"### sec.20 Smoke generation for aerial distribution\n\nAerial distribution must not be carried out in a hazardous area unless—\nthe aircraft used to carry out the distribution has a smoke-generating device installed or attached; and\nthe device is used to show air movement immediately before and during the distribution.\n- (a) the aircraft used to carry out the distribution has a smoke-generating device installed or attached; and\n- (b) the device is used to show air movement immediately before and during the distribution.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Conditions for hazardous area no. 1","content":"### sec.21 Conditions for hazardous area no. 1\n\nThis section applies in relation to hazardous area no. 1.\nAerial distribution of picloram, or of an ester formulation of MCPA or 2,4-D, must not be carried out unless the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution.\nGround distribution of picloram, or of an ester formulation of MCPA or 2,4-D, must not be carried out unless—\nthe person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or\nthe distribution is by an authorised technique.\n(sec.21-ssec.1) This section applies in relation to hazardous area no. 1.\n(sec.21-ssec.2) Aerial distribution of picloram, or of an ester formulation of MCPA or 2,4-D, must not be carried out unless the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution.\n(sec.21-ssec.3) Ground distribution of picloram, or of an ester formulation of MCPA or 2,4-D, must not be carried out unless— the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or the distribution is by an authorised technique.\n- (a) the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or\n- (b) the distribution is by an authorised technique.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Conditions for hazardous area no. 2","content":"### sec.22 Conditions for hazardous area no. 2\n\nThis section applies in relation to hazardous area no. 2.\nAerial distribution or ground distribution of an ester formulation of 2,4-D must not be carried out.\nAerial distribution of an ester formulation of picloram must not be carried out unless the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution.\nGround distribution of an ester formulation of picloram must not be carried out unless—\nthe person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or\nthe distribution is by an authorised technique.\n(sec.22-ssec.1) This section applies in relation to hazardous area no. 2.\n(sec.22-ssec.2) Aerial distribution or ground distribution of an ester formulation of 2,4-D must not be carried out.\n(sec.22-ssec.3) Aerial distribution of an ester formulation of picloram must not be carried out unless the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution.\n(sec.22-ssec.4) Ground distribution of an ester formulation of picloram must not be carried out unless— the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or the distribution is by an authorised technique.\n- (a) the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or\n- (b) the distribution is by an authorised technique.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Conditions for hazardous area no. 3","content":"### sec.23 Conditions for hazardous area no. 3\n\nThis section applies in relation to hazardous area no. 3.\nAerial distribution of an ester formulation of 2,4-D must not be carried out unless the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution.\nGround distribution of an ester formulation of 2,4-D must not be carried out unless—\nthe person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or\nthe distribution is by an authorised technique.\n(sec.23-ssec.1) This section applies in relation to hazardous area no. 3.\n(sec.23-ssec.2) Aerial distribution of an ester formulation of 2,4-D must not be carried out unless the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution.\n(sec.23-ssec.3) Ground distribution of an ester formulation of 2,4-D must not be carried out unless— the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or the distribution is by an authorised technique.\n- (a) the person carrying out the distribution holds a distribution permit that allows the person to carry out the distribution; or\n- (b) the distribution is by an authorised technique.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Application for distribution permit","content":"### sec.24 Application for distribution permit\n\nA person who holds an aerial distribution contractor licence may apply to the chief executive for a permit (a distribution permit ) for a stated individual to carry out aerial distribution in a stated hazardous area if—\nthe individual is a pilot in command who holds a pilot chemical rating licence; and\neither—\nthe individual is the applicant; or\nthe individual will carry out the aerial distribution in the course of the applicant’s business, or at the direction, or under the authority, of the applicant.\nA person who holds an aerial distribution contractor licence or a ground distribution contractor’s licence may apply to the chief executive for a permit (also a distribution permit ) for a stated individual to carry out ground distribution in a stated hazardous area if—\nthe individual holds a commercial operator’s licence; and\neither—\nthe individual is the applicant; or\nthe individual will carry out the ground distribution in the course of the applicant’s business, or at the direction, or under the authority, of the applicant.\nThe application must—\nbe in the approved form; and\nbe made at least 10 days before the day the applicant proposes to start the distribution to which the application relates.\n(sec.24-ssec.1) A person who holds an aerial distribution contractor licence may apply to the chief executive for a permit (a distribution permit ) for a stated individual to carry out aerial distribution in a stated hazardous area if— the individual is a pilot in command who holds a pilot chemical rating licence; and either— the individual is the applicant; or the individual will carry out the aerial distribution in the course of the applicant’s business, or at the direction, or under the authority, of the applicant.\n(sec.24-ssec.2) A person who holds an aerial distribution contractor licence or a ground distribution contractor’s licence may apply to the chief executive for a permit (also a distribution permit ) for a stated individual to carry out ground distribution in a stated hazardous area if— the individual holds a commercial operator’s licence; and either— the individual is the applicant; or the individual will carry out the ground distribution in the course of the applicant’s business, or at the direction, or under the authority, of the applicant.\n(sec.24-ssec.3) The application must— be in the approved form; and be made at least 10 days before the day the applicant proposes to start the distribution to which the application relates.\n- (a) the individual is a pilot in command who holds a pilot chemical rating licence; and\n- (b) either— (i) the individual is the applicant; or (ii) the individual will carry out the aerial distribution in the course of the applicant’s business, or at the direction, or under the authority, of the applicant.\n- (i) the individual is the applicant; or\n- (ii) the individual will carry out the aerial distribution in the course of the applicant’s business, or at the direction, or under the authority, of the applicant.\n- (i) the individual is the applicant; or\n- (ii) the individual will carry out the aerial distribution in the course of the applicant’s business, or at the direction, or under the authority, of the applicant.\n- (a) the individual holds a commercial operator’s licence; and\n- (b) either— (i) the individual is the applicant; or (ii) the individual will carry out the ground distribution in the course of the applicant’s business, or at the direction, or under the authority, of the applicant.\n- (i) the individual is the applicant; or\n- (ii) the individual will carry out the ground distribution in the course of the applicant’s business, or at the direction, or under the authority, of the applicant.\n- (i) the individual is the applicant; or\n- (ii) the individual will carry out the ground distribution in the course of the applicant’s business, or at the direction, or under the authority, of the applicant.\n- (a) be in the approved form; and\n- (b) be made at least 10 days before the day the applicant proposes to start the distribution to which the application relates.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Decision on application","content":"### sec.25 Decision on application\n\nThe chief executive must consider the application and decide to grant, or refuse to grant, the application.\nIf the chief executive does not make a decision under subsection (1) within 3 months after the day the application is made, the chief executive is taken—\nto have decided to refuse to grant the application; and\nto have given the applicant an information notice for the decision on the last day of that period.\n(sec.25-ssec.1) The chief executive must consider the application and decide to grant, or refuse to grant, the application.\n(sec.25-ssec.2) If the chief executive does not make a decision under subsection (1) within 3 months after the day the application is made, the chief executive is taken— to have decided to refuse to grant the application; and to have given the applicant an information notice for the decision on the last day of that period.\n- (a) to have decided to refuse to grant the application; and\n- (b) to have given the applicant an information notice for the decision on the last day of that period.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Issue of distribution permit","content":"### sec.26 Issue of distribution permit\n\nIf the chief executive decides to grant the application, the chief executive must, within 14 days after the decision is made, issue a distribution permit in the approved form.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Conditions for distribution permit","content":"### sec.27 Conditions for distribution permit\n\nThe chief executive may issue the distribution permit on the reasonable conditions the chief executive considers appropriate.\nIf the chief executive decides under subsection (1) to issue the distribution permit on conditions, the chief executive must, within 14 days after the decision is made, give the applicant an information notice for the decision.\n(sec.27-ssec.1) The chief executive may issue the distribution permit on the reasonable conditions the chief executive considers appropriate.\n(sec.27-ssec.2) If the chief executive decides under subsection (1) to issue the distribution permit on conditions, the chief executive must, within 14 days after the decision is made, give the applicant an information notice for the decision.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Notice of refusal","content":"### sec.28 Notice of refusal\n\nIf the chief executive decides to refuse to grant the application, the chief executive must, within 14 days after the decision is made, give the applicant an information notice for the decision.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Right of review","content":"### sec.29 Right of review\n\nThis section applies if the applicant must be given an information notice under section 27 (2) or 28 for a decision of the chief executive—\nto issue the distribution permit on conditions; or\nto refuse to grant the application.\nThe applicant may apply to QCAT, as provided under the QCAT Act , for a review of the decision.\n(sec.29-ssec.1) This section applies if the applicant must be given an information notice under section 27 (2) or 28 for a decision of the chief executive— to issue the distribution permit on conditions; or to refuse to grant the application.\n(sec.29-ssec.2) The applicant may apply to QCAT, as provided under the QCAT Act , for a review of the decision.\n- (a) to issue the distribution permit on conditions; or\n- (b) to refuse to grant the application.","sortOrder":36},{"sectionNumber":"pt.6","sectionType":"part","heading":"General","content":"# General","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"False or misleading statements or documents","content":"### sec.30 False or misleading statements or documents\n\nA person must not, in applying for a licence or distribution permit—\nstate anything to the chief executive the person knows is false or misleading in a material particular; or\ngive the chief executive a document the person knows is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nSubsection (1) (b) does not apply to a person if the person, when giving the document—\ntells the chief executive, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive.\nIn this section—\napply , for a licence, includes apply for the renewal of a licence.\n(sec.30-ssec.1) A person must not, in applying for a licence or distribution permit— state anything to the chief executive the person knows is false or misleading in a material particular; or give the chief executive a document the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.30-ssec.2) Subsection (1) (b) does not apply to a person if the person, when giving the document— tells the chief executive, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive.\n(sec.30-ssec.3) In this section— apply , for a licence, includes apply for the renewal of a licence.\n- (a) state anything to the chief executive the person knows is false or misleading in a material particular; or\n- (b) give the chief executive a document the person knows is false or misleading in a material particular.\n- (a) tells the chief executive, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive.","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Fees","content":"### sec.31 Fees\n\nThe fees payable under the Act are stated in schedule 5 .","sortOrder":39},{"sectionNumber":"pt.7","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":40},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Repeal","content":"### sec.32 Repeal\n\nThe Agricultural Chemicals Distribution Control Regulation 1998 , SL No. 135 is repealed.","sortOrder":42},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Definition for division","content":"### sec.33 Definition for division\n\nIn this division—\nrepealed regulation means the repealed Agricultural Chemicals Distribution Control Regulation 1998 .","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Existing applications for pilot chemical rating licences","content":"### sec.34 Existing applications for pilot chemical rating licences\n\nThis section applies if—\nbefore the commencement, an application was made under section 17 of the Act for a pilot chemical rating licence; and\nimmediately before the commencement, the application had not been dealt with.\nDespite section 6 of this regulation, the repealed regulation, section 7 continues to prescribe the qualification for section 12 (2) (c) of the Act .\n(sec.34-ssec.1) This section applies if— before the commencement, an application was made under section 17 of the Act for a pilot chemical rating licence; and immediately before the commencement, the application had not been dealt with.\n(sec.34-ssec.2) Despite section 6 of this regulation, the repealed regulation, section 7 continues to prescribe the qualification for section 12 (2) (c) of the Act .\n- (a) before the commencement, an application was made under section 17 of the Act for a pilot chemical rating licence; and\n- (b) immediately before the commencement, the application had not been dealt with.","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Existing applications for unrestricted commercial operators’ licences","content":"### sec.35 Existing applications for unrestricted commercial operators’ licences\n\nThis section applies if—\nbefore the commencement, an application was made under section 17 of the Act for an unrestricted commercial operator’s licence; and\nimmediately before the commencement, the application had not been dealt with.\nDespite section 8 of this regulation, the repealed regulation, section 8 continues to prescribe the qualification for section 16 (2) of the Act .\n(sec.35-ssec.1) This section applies if— before the commencement, an application was made under section 17 of the Act for an unrestricted commercial operator’s licence; and immediately before the commencement, the application had not been dealt with.\n(sec.35-ssec.2) Despite section 8 of this regulation, the repealed regulation, section 8 continues to prescribe the qualification for section 16 (2) of the Act .\n- (a) before the commencement, an application was made under section 17 of the Act for an unrestricted commercial operator’s licence; and\n- (b) immediately before the commencement, the application had not been dealt with.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Existing applications for distribution permits","content":"### sec.36 Existing applications for distribution permits\n\nThis section applies if—\nbefore the commencement, an application was made under the repealed regulation, section 39 for a distribution permit; and\nimmediately before the commencement, the application had not been dealt with.\nThe application is taken to have been made under section 24 of this regulation and must be dealt with under part 5, division 3, subdivision 3 of this regulation.\n(sec.36-ssec.1) This section applies if— before the commencement, an application was made under the repealed regulation, section 39 for a distribution permit; and immediately before the commencement, the application had not been dealt with.\n(sec.36-ssec.2) The application is taken to have been made under section 24 of this regulation and must be dealt with under part 5, division 3, subdivision 3 of this regulation.\n- (a) before the commencement, an application was made under the repealed regulation, section 39 for a distribution permit; and\n- (b) immediately before the commencement, the application had not been dealt with.","sortOrder":47}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation replaces the 1998 regulation (s.32) and preserves existing pending applications (secs.34–36), but does not expand the Act’s statutory reach. It mainly refines administrative detail: qualifications, hazardous-area maps, permit processes, fees and offences (eg. secs.6,16,24–31) rather than altering the Act’s substantive scope."},"complexity_factors":["Multiple cross-references to the parent Act for licence and hazardous-area powers (pts.1–5)","Detailed prescribed vocational training units and alternative evidence routes (secs.6,8,9)","Geographic boundaries defined by maps in schedules and held in digital form (secs.4,16)","Permit application, decision, deemed-refusal and review mechanics with tight timelines (secs.24–29)","Chief executive discretion to set conditions and to accept substantially equivalent training (secs.6(5),8(2),27)","Equipment and operational technical rules with criminal penalties (secs.14,15,19,20)","Transitional arrangements and repeal of prior regulation preserving in-flight applications (secs.32–36)"],"plain_english_summary":"This regulation sets detailed rules for how agricultural chemicals may be distributed: it prescribes pilot and operator qualifications, classes of licences, equipment and safety requirements, maps of hazardous and excluded areas, and a permit process for work in hazardous zones. It matters to pilots, UAV operators, commercial aerial and ground contractors, and licence applicants because it defines required training, application steps, fees and penalties. Key decision and discretion rest with the chief executive (ss.24–29) while applicants pay fees (s.31) and must meet training standards (ss.6,8,9)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation appears to be a straightforward modernisation and replacement of the 1998 regulation. It updates qualification requirements to reflect current VET course codes, explicitly incorporates UAVs/drones into the aerial distribution licensing framework (reflecting technological change since 1998), and maintains the same fundamental structure of licensing, hazardous areas, and distribution permits. The core scope — regulating who can apply agricultural chemicals commercially, where, and under what conditions — remains unchanged from the original intent."},"complexity_factors":["Multiple licence types with different qualification pathways (pilot, UAV-only, ground commercial operator, pest management technician)","Geographic complexity — application varies by location with three separate hazardous area regimes plus excluded areas, all defined by external maps","Chemical-specific restrictions that differ across the three hazardous areas (different chemicals prohibited or restricted in each zone)","Layered regulatory structure — regulation sits under a parent Act, requiring cross-referencing to understand full obligations","Multiple approval pathways including 'substantially equivalent' training as an alternative to prescribed qualifications, giving the chief executive discretionary power","Transitional provisions for in-progress applications under the old 1998 regulation add a temporary layer of complexity","Distinction between aerial and ground distribution rules, with different permit requirements applying to each","Technical agricultural and chemical terminology (picloram, ester formulations, MCPA, 2,4-D, air blasting techniques, stem injection, basal bark treatment)"],"plain_english_summary":"This Queensland regulation (effective 31 Aug 2021) governs how agricultural chemicals may be applied across the state, replacing the 1998 rules. It affects farmers, aerial and drone applicators, commercial ground operators and pest technicians by setting licensing and training requirements, equipment and safety controls, mapped hazardous zones with special restrictions and permit processes, a public licence register, and penalties for breaches.\n\nIt matters because it limits who can spray what, where, and how, with fines and possible imprisonment for serious non‑compliance."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose under the Agricultural Chemicals Distribution Control Act. It modernises the framework (adding UAV provisions, updating training units) but does not expand beyond the core scope of regulating agricultural chemical distribution licensing and safety. The hazardous area controls and permit system were likely features of the repealed 1998 regulation, maintained here with updated references."},"complexity_factors":["Multiple licence classes with different qualification pathways (aerial vs ground, restricted vs unrestricted, manned aircraft vs UAV)","Extensive cross-referencing to the parent Act (Agricultural Chemicals Distribution Control Act) and external training frameworks (VET units with specific codes)","Geographic complexity: three hazardous areas with different chemical restrictions for each, plus excluded zones where the Act doesn't apply at all","Nested conditional logic for hazardous area permits (aerial vs ground, different chemicals, permit vs authorised technique exceptions)","Transitional provisions preserving old qualification requirements for pending applications","Multiple defined terms including 'authorised technique' with its own nested conditions (distance requirements, property ownership tests, susceptibility tests)","Deemed decision provisions (automatic refusal after 3 months of inaction)","External document incorporation (maps in schedules 1-4, dictionary in schedule 6, fees in schedule 5)"],"plain_english_summary":"This regulation sets the rules for who can spray agricultural chemicals (pesticides, herbicides, etc.) in Queensland and how they must do it safely.\n\n**Who it affects:**\n- **Pilots** who spray chemicals from aircraft (manned planes or drones/UAVs)\n- **Ground operators** who spray chemicals using equipment on the ground\n- **Pest management technicians** who control pests (like insects or rodents)\n- **Contractors** who hire these operators\n\n**What it does:**\n\n**1. Licensing requirements**\n- **Aerial operators (pilots):** Must hold a \"pilot chemical rating licence.\" To get this, pilots need either a \"SpraySafe\" accreditation from the Aerial Application Association of Australia, or specific vocational training units (for drone-only operators). There's flexibility if the chief executive accepts equivalent training.\n- **Ground operators:** Must hold a \"commercial operator's licence\" — either \"restricted\" (limited to certain chemicals/equipment) or \"unrestricted.\" For an unrestricted licence, operators need specific training units about preparing, applying, transporting and storing chemicals.\n- **Pest management technicians:** Need specific units about managing pests with and without pesticides, plus equipment maintenance.\n\n**2. Where the rules apply**\n- The regulation **does not apply** in certain parts of Queensland (shown on maps held by the department and available online).\n- It identifies **three \"hazardous areas\"** where extra strict rules apply because of high risk to sensitive crops. These areas have special restrictions on chemicals like picloram and 2,4-D (common herbicides).\n\n**3. Safety rules for spraying**\n- **Aircraft must have leakproof cut-off systems** on spray nozzles.\n- **No spraying** if weather conditions or equipment could damage neighbouring crops or harm livestock.\n- **In hazardous areas:** Aircraft must use smoke generators to show wind direction, and certain powerful chemicals are banned or require special permits.\n- **\"Authorised techniques\"** (like stem injection) can be used in hazardous areas without a permit, provided they're done safely away from sensitive crops.\n\n**4. Distribution permits for hazardous areas**\n- To spray certain restricted chemicals in hazardous areas, contractors must apply for a **distribution permit** at least 10 days in advance.\n- The chief executive can grant or refuse permits, and can attach conditions. Decisions can be reviewed by QCAT (Queensland Civil and Administrative Tribunal).\n\n**5. Administration**\n- Licences must be in an approved format.\n- A public register tracks licensees (name, suburb, licence number, type, dates).\n- There are penalties (up to 20 penalty units, or 100 penalty units/6 months imprisonment for hazardous area breaches) for false statements or unsafe practices.\n- **Transitional rules** ensure people who applied under old rules aren't disadvantaged when the new regulation took effect in August 2021.\n\n**Why it matters:**\nThis regulation protects neighbouring farms and the environment from chemical drift damage, ensures operators are properly trained, and maintains Queensland's agricultural productivity by balancing pest control with crop safety. The hazardous area provisions are particularly important for protecting high-value horticultural areas from volatile herbicides."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-chemicals-distribution-control-regulation-2021","history":"/api/acts/agricultural-chemicals-distribution-control-regulation-2021/history","analysis":"/api/acts/agricultural-chemicals-distribution-control-regulation-2021/analysis","conflicts":"/api/acts/agricultural-chemicals-distribution-control-regulation-2021/conflicts","importantCases":"/api/acts/agricultural-chemicals-distribution-control-regulation-2021/important-cases","documents":"/api/acts/agricultural-chemicals-distribution-control-regulation-2021/documents"}}