{"id":"agriculture-and-related-resources-protection-spraying-restrictions-regulations-1979","name":"Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979","slug":"agriculture-and-related-resources-protection-spraying-restrictions-regulations-1979","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173580,"registerId":"wa-agriculture-and-related-resources-protection-spraying-restrictions-regulations-1979-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979","content":"![Crest]()Western Australia\n\nAgriculture and Related Resources Protection Act 1976\n\nAgriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979\n\nWestern Australia\n\nAgriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979\n\nContents\n\n1. Short title 1\n\n2. Interpretation 1\n\n3. Prescribed areas 1\n\n4. Spraying of acids 2\n\n5. Storage of esters of acids 3\n\n6. Restrictions as to vehicles and equipment 4\n\n7. Applications to Director 4\n\nSchedule\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nAgriculture and Related Resources Protection Act 1976\n\nAgriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979\n\n##### 1. Short title\n\nThese regulations may be cited as the *Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979* 1.\n\n##### 2. Interpretation\n\nIn these regulations, unless the contrary intention appears —\n\n  acid means a chemical, whether in a salt, amine or other form, listed in the Schedule;\n\n  Director means the Director General of Agriculture or an officer of the Department of Agriculture authorised by him in writing;\n\n  prescribed area means an area described in regulation 3.\n\n[Regulation 2 amended: Gazette 28 Nov 1986 p. 4415; 1 Sep 1989 p. 3074.]\n\n##### 3. Prescribed areas\n\nThe following areas are prescribed areas for the purposes of these regulations —\n\n(a) any area within 5 kilometres of a place where tomatoes or grapevines are being grown for commercial purposes;\n\n(b) any area being more than 5 kilometres but not more than 10 kilometres from a place where tomatoes or grapevines are being grown for commercial purposes;\n\n(c) the area within an imaginary circle having a radius of 19 kilometres with the Geraldton Post Office as its centre;\n\n[(d) deleted]\n\n(e) the area within an imaginary circle having a radius of 50 kilometres with the Geraldton Post Office as its centre but outside an imaginary circle having a radius of 19 kilometres with the Geraldton Post Office as its centre;\n\n(f) an area within 10 kilometres of a place where irrigated agricultural or horticultural crops are being grown for commercial purposes which is situated within 50 kilometres of the Kununurra Post Office;\n\n(g) an area more than 10 kilometres but not more than 50 kilometres from a place where irrigated agricultural or horticultural crops are being grown for commercial purposes which is situated within 50 kilometres of the Kununurra Post Office;\n\n(h) all the land bounded by lines starting from the junction of Ida Street and Anzac Terrace in the town of Bassendean extending east to the southeast corner of Swan location 3218; then north to the southeast corner of Swan location 1339; then west to the northwest corner of Swan location 277; then south to the starting point.\n\n[Regulation 3 amended: Gazette 10 Apr 1981 p. 1260; 1 Sep 1989 p. 3074.]\n\n##### 4. Spraying of acids\n\n(1) A person shall not, within the prescribed areas described in regulation 3(a), (c), (f) or (h), spray —\n\n(a) an ester of an acid; or\n\n(b) unless he has the prior written approval of the Director, a chemical containing an acid.\n\nPenalty: a fine of $2 000.\n\n(2) A person shall not, within the prescribed areas described in regulation 3(b), (e) or (g), spray an ester of an acid unless the ester is a low volatile kind approved by the Director and notified in the *Government Gazette*.\n\nPenalty: a fine of $2 000.\n\n[(3) deleted]\n\n[Regulation 4 inserted: Gazette 1 Sep 1989 p. 3074‑5; amended: Gazette 17 Dec 2010 p. 6429.]\n\n##### 5. Storage of esters of acids\n\n(1) A person shall not, within the prescribed areas described in regulation 3(c), (e), (f) or (g), store an ester of an acid unless —\n\n(a) the ester is a low volatile kind approved by the Director and notified in the *Government Gazette*; or\n\n(b) except in the case of the prescribed area described in regulation 3(c), he has obtained the prior written approval of the Director.\n\nPenalty: a fine of $2 000.\n\n(2) An authorised person who finds an ester of an acid stored in contravention of subregulation (1) must —\n\n(a) seize and remove the ester from the prescribed area concerned; or\n\n(b) direct the owner or occupier of the land on which the ester is stored, or an agent of that person, to remove the ester from the prescribed area within a time specified in the direction.\n\n(3A) A person who is given a direction under subregulation (2)(b) must comply with the direction.\n\nPenalty: a fine of $2 000.\n\n(3) Before exercising the powers under subregulation (2), an authorised person shall —\n\n(a) take 2 samples of the acid and identify each with a mark; and\n\n(b) give a sample each to —\n\n(i) a person referred to in subregulation (2)(b); and\n\n(ii) a laboratory approved by the Director General of Agriculture, for analysis of the sample.\n\n(4) An authorised person who has acted under subregulation (3) shall, as soon as he receives the written results of the analysis, give or cause to be given a copy of those results to a person referred to in subregulation (2)(b).\n\n[(5) deleted]\n\n[Regulation 5 inserted: Gazette 1 Sep 1989 p. 3075; amended: Gazette 17 Dec 2010 p. 6429-30.]\n\n##### 6. Restrictions as to vehicles and equipment\n\nA person shall not, within a prescribed area described in regulation 3(c), (f) or (h), park, stand, store or move a vehicle or any equipment —\n\n(a) that is carrying an open container that contains or has contained an ester of an acid; or\n\n(b) that is contaminated by an ester of an acid,\n\nunless the ester is a low volatile kind approved by the Director and notified in the *Government Gazette*.\n\nPenalty: a fine of $2 000.\n\n[Regulation 6 inserted: Gazette 1 Sep 1989 p. 3075; amended: Gazette 17 Dec 2010 p. 6430.]\n\n##### 7. Applications to Director\n\nAn application for an approval under regulation 4(1)(b) or 5(1)(b) shall be in writing and shall contain —\n\n(a) in the case of an application under regulation 4(1)(b), particulars of —\n\n(i) the approximate area to be sprayed;\n\n(ii) the location of the area to be sprayed;\n\n(iii) the acid and the form of the acid to be used;\n\n(iv) the method of spraying and the equipment to be used; and\n\n(v) the proposed date of spraying;\n\nand\n\n(b) in the case of an application under regulation 5(1)(b), particulars of —\n\n(i) the location of the storage area; and\n\n(ii) the kind of ester of acid to be stored.\n\n[Regulation 7 inserted: Gazette 1 Sep 1989 p. 3075.]\n\nSchedule\n\n[Reg. 2]\n\n**Chemicals within the meaning of “Acid”**\n\n(1) MCPA\n\n(2) MCPB\n\n(3) 2,4‑D\n\n(4) 2,4‑DB\n\n(5) 2, 4, 5‑T\n\n(6) Dicamba\n\n(7) Picloram\n\n[Schedule inserted: Gazette 1 Sep 1989 p. 3075.]\n\nNotes\n\n1 This is a compilation of the *Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979* | 4 May 1979 p. 1171‑2 | 4 May 1979 |\n| *Agriculture and Related Resources Protection (Spraying Restrictions) Amendment Regulations 1981* | 10 Apr 1981 p. 1260‑1 | 10 Apr 1981 |\n| *Agriculture and Related Resources Protection (Spraying Restrictions) Amendment Regulations 1982* | 16 Apr 1982    p. 1316 | 16 Apr 1982 |\n| *Agriculture and Related Resources Protection (Spraying Restrictions) Amendment Regulations 1986* | 28 Nov 1986    p. 4415 | 28 Nov 1986 |\n| *Agriculture and Related Resources Protection (Spraying Restrictions) Amendment Regulations 1989* | 1 Sep 1989 p. 3074‑5 | 1 Sep 1989 |\n| **Reprint of the *Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979* as at 2 Nov 2001** (includes amendments listed above) | | |\n| *Agriculture and Related Resources Protection (Repeals and Amendments) Regulations 2010* Pt. 12 | 17 Dec 2010 p. 6403-32 | 18 Dec 2010 (see r. 2(b) and *Gazette* 17 Dec 2010 p. 6349) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nacid 2\n\nDirector 2\n\nprescribed area 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this legislation changed from its original intent, as no legislative text was available for analysis. The page has been removed or relocated during a website upgrade."},"complexity_factors":["No legislative text was retrievable — the source URL returned only a website error/maintenance notice","Cannot assess complexity without actual content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"## Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979\n\n**The content of this legislation is not available.**\n\nThe page that should contain this Western Australian regulation has been taken down or moved as part of a website upgrade by the Parliamentary Counsel's Office. No actual legislative text could be retrieved — only an error message and a website notice were returned.\n\n**What this means for you:** If you need to know the rules around spraying restrictions in Western Australia (likely covering things like pesticide/herbicide use near crops, waterways, or neighbouring properties), you will need to:\n- Re-navigate the [Western Australian legislation website](https://www.legislation.wa.gov.au) using its menu\n- Search directly for the regulation by name\n- Contact the Parliamentary Counsel's Office Helpdesk for assistance\n\nNo meaningful legal analysis can be provided based on the content supplied."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1979 regulations appear to have been quite narrow, but the 1989 amendments significantly expanded the scope. The current version covers not just the original Geraldton and tomato/grapevine areas, but added: the Kununurra region (regulation 3(f)-(g)), the Bassendean area (regulation 3(h)), expanded the Geraldton zone from 19km to 50km (regulation 3(e)), and introduced complex distinctions between 'acids' and 'esters' with different rules for 'low volatile' types. The 1989 rewrite also added detailed storage controls (regulation 5), vehicle restrictions (regulation 6), and enforcement powers including seizure and sampling procedures that were not in the original instrument."},"complexity_factors":["Multiple overlapping geographical zones with different rules (0-5km, 5-10km, 10-50km, plus specific circular zones around Geraldton and Kununurra post offices, plus a specific polygon boundary in Bassendean)","Different chemical forms treated differently: 'acids' vs 'esters of acids' vs 'low volatile esters'","Cross-referencing between regulations required to determine applicable rules (e.g., regulation 4(1) refers to zones defined in 3(a), (c), (f), (h) while 4(2) refers to 3(b), (e), (g))","Conditional exemptions requiring administrative approvals (written approval from Director) or Gazette notification of approved low-volatile types","Enforcement provisions with specific procedural requirements (sampling, analysis, notification)","7 defined terms in interpretation section, but heavy reliance on geographical definitions in regulation 3"],"plain_english_summary":"These regulations control the use and storage of certain agricultural chemicals (herbicides) in specific parts of Western Australia to protect sensitive crops from damage.\n\n**What it does:**\n- **Bans or restricts spraying** of specific acids and their esters (chemical forms of herbicides like 2,4-D and MCPA) near commercial tomato and grapevine farms, and near irrigated crops around Kununurra.\n- **Creates buffer zones** with different rules depending on distance from sensitive crops:\n  - **Close zones (0-5km from tomatoes/grapes, specific Geraldton/Kununurra areas, and a Bassendean area):** Complete ban on spraying esters; other acids require written approval from the Director General of Agriculture.\n  - **Medium zones (5-10km from tomatoes/grapes, 19-50km from Geraldton, 10-50km from Kununurra irrigated crops):** Can spray esters only if they are \"low volatile\" types specifically approved and published in the Government Gazette.\n- **Controls storage** of these chemicals in sensitive areas, requiring either low-volatile types or written approval.\n- **Restricts vehicles and equipment** contaminated by these chemicals in the most sensitive zones.\n- **Allows enforcement officers** to seize illegally stored chemicals or order their removal, with penalties for non-compliance.\n\n**Who it affects:**\n- Farmers and spray contractors using herbicides containing MCPA, 2,4-D, dicamba, or similar chemicals (listed in the Schedule).\n- Property owners and occupiers in prescribed areas around Geraldton, Kununurra, Bassendean, and near commercial tomato/grapevine operations statewide.\n- The Department of Agriculture (now Department of Primary Industries and Regional Development) which issues approvals and enforcement.\n\n**Why it matters:**\nThese chemicals can drift as vapour or particles and damage sensitive crops like tomatoes and grapes even kilometres away. The regulations prevent economic harm to horticultural industries by creating \"no-spray\" and \"restricted-spray\" zones, with particularly strict controls around Western Australia's major vegetable growing regions (Geraldton and Kununurra) and a specific Perth suburban area (Bassendean)."},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument’s coverage has been altered by later amendments listed in the compilation table (1981, 1982, 1986, 1989, 2010). Notable scope additions in the consolidated text include new or clarified prescribed areas (regulation 3, naming Geraldton, Kununurra and a Bassendean boundary), introduction of Director approval routes and a ‘low‑volatile’ approval category (regulations 4(1)(b), 4(2), 5(1)(a), 6), seizure and sampling powers for authorised officers (regulation 5(2)–(4)), and the inserted Schedule identifying the specific acids regulated."},"complexity_factors":["Multiple distance‑based geographic categories and named localities create zone‑specific rules (regulation 3).","Distinction between outright prohibitions and conditional permissions depending on zone (regulation 4(1)–(2)).","Director discretion to grant prior written approvals and to approve ‘low volatile’ kinds (regulations 4(1)(b), 4(2), 5(1)(a), 6).","Dependence on external publication for operative approvals (Government Gazette notifications for low‑volatile chemicals).","Enforcement powers allowing seizure, removal directions and mandatory sampling with laboratory analysis (regulation 5(2)–(4)).","Uniform monetary penalty for multiple breaches ($2,000) but varying procedural burdens (regs 4–6).","Prescribed list of specific chemicals in the Schedule that determines the regulatory reach.","Application content requirements for approvals impose administrative compliance (regulation 7).","Amendment history across dates requires checking which provisions post‑date the original 1979 instrument (Compilation table)."],"plain_english_summary":"These regulations limit the spraying, storage and movement of certain acid‑based agricultural chemicals listed in the Schedule within defined “prescribed areas” (distance bands around commercial crops and named localities). They make prior written approval from the Director or use of Director‑approved “low‑volatile” formulations mandatory, empower authorised officers to seize or direct removal of non‑compliant material, and fix a $2,000 penalty, so growers, spray contractors, transporters and land occupiers must meet approval, storage and equipment rules."}},"importantCases":[],"_links":{"self":"/api/acts/agriculture-and-related-resources-protection-spraying-restrictions-regulations-1979","history":"/api/acts/agriculture-and-related-resources-protection-spraying-restrictions-regulations-1979/history","analysis":"/api/acts/agriculture-and-related-resources-protection-spraying-restrictions-regulations-1979/analysis","conflicts":"/api/acts/agriculture-and-related-resources-protection-spraying-restrictions-regulations-1979/conflicts","importantCases":"/api/acts/agriculture-and-related-resources-protection-spraying-restrictions-regulations-1979/important-cases","documents":"/api/acts/agriculture-and-related-resources-protection-spraying-restrictions-regulations-1979/documents"}}