{"id":"biosecurity-and-agriculture-management-aerial-application-regulations-2018","name":"Biosecurity and Agriculture Management (Aerial Application) Regulations 2018","slug":"biosecurity-and-agriculture-management-aerial-application-regulations-2018","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174107,"registerId":"wa-biosecurity-and-agriculture-management-aerial-application-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity and Agriculture Management (Aerial Application) Regulations 2018","content":"![Crest]()Western Australia\n\nBiosecurity and Agriculture Management Act 2007\n\nBiosecurity and Agriculture Management (Aerial Application) Regulations 2018\n\nWestern Australia\n\nBiosecurity and Agriculture Management (Aerial Application) Regulations 2018\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Director General may specify chemical product 2\n\n5. Qualifications or authorisations to apply controlled chemical product (Act s. 56(1)) 2\n\n6. Director General may issue authorisation 4\n\n7. Person responsible to have record of application of controlled chemical product 5\n\n8. Transitional provision 6\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nBiosecurity and Agriculture Management Act 2007\n\nBiosecurity and Agriculture Management (Aerial Application) Regulations 2018\n\n##### 1. Citation\n\n\t\tThese regulations are the *Biosecurity and Agriculture Management (Aerial Application) Regulations 2018*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day on which the *Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007* Part 2 Division 3 comes into operation.\n\n##### 3. Terms used\n\nIn these regulations —\n\naircraft means a machine that can derive support in the atmosphere from the reactions of the air;\n\napply, in relation to a controlled chemical product, means to drop or spray the product on land;\n\ncontrolled chemical product —\n\n(a) means an agricultural chemical product as defined in the Agvet Code of Western Australia; but\n\n(b) does not include —\n\n(i) a meat bait product registered under Part 2 of the Agvet Code of Western Australia containing sodium fluoroacetate (1080); or\n\n(ii) a chemical product specified under regulation 4;\n\nmicro to medium weight RPA means one of the following remotely piloted aircrafts as defined in the *Civil Aviation Safety Regulations 1998* (Commonwealth) Dictionary Part 1 —\n\n(a) a micro RPA;\n\n(b) a very small RPA;\n\n(c) a small RPA;\n\n(d) a medium RPA.\n\n##### 4. Director General may specify chemical product\n\n(1) The Director General may, by notice published in the *Gazette*, specify that a chemical product of a particular kind is not a controlled chemical product.\n\n(2) A notice published under subregulation (1) may be amended or revoked by a subsequent notice published in the *Gazette*.\n\n##### 5. Qualifications or authorisations to apply controlled chemical product (Act s. 56(1))\n\n(1A) In this regulation —\n\napproved training organisation means —\n\n(a) an NVR registered training organisation as defined in the *National Vocational Education and Training Regulator Act 2011* (Commonwealth) section 3; or\n\n(b) a registered training provider as defined in the *Vocational Education and Training Act 1996* section 5(1); or\n\n(c) a registered education and training organisation as defined in the *Education and Training Reform Act 2006* (Victoria) section 1.1.3(1).\n\n(1) For the purposes of section 56(1) of the Act, a person who applies a controlled chemical product from an aircraft must —\n\n(a) have a certificate or other document issued as evidence of successful completion of the Spraysafe Pilot Accreditation conducted by Aerial Application Association of Australia Ltd (ACN 002 501 886); or\n\n(b) have successfully completed the training required to obtain a technician’s licence under the *Health (Pesticides) Regulations 2011* regulation 38 endorsed to allow the licensee to undertake pest control in crops and pastures; or\n\n(c) be of a class of persons authorised under regulation 6(1); or\n\n(d) if the aircraft is a micro to medium weight RPA operated in accordance with subregulation (2) — have the qualification set out in subregulation (3).\n\n(2) For the purposes of subregulation (1)(d), a micro to medium weight RPA (the RPA) is operated in accordance with this subregulation if —\n\n(a) the operator of the RPA —\n\n(i) operates only that RPA during the operation; and\n\n(ii) is the owner of the RPA or operates the RPA on behalf of the owner of the RPA; and\n\n(iii) operates the RPA over land owned or occupied by the owner of the RPA;\n\nand\n\n(b) the following persons receive no remuneration as a direct result of the operation of the RPA —\n\n(i) the owner of the RPA;\n\n(ii) the operator of the RPA;\n\n(iii) the owner of the land over which the RPA is operated;\n\n(iv) the occupier (if any) of the land over which the RPA is operated.\n\n(3) For the purposes of subregulation (1)(d), the qualification is a valid statement of attainment issued by an approved training organisation for —\n\n(a) a unit of competency in preparing and applying chemicals known as —\n\n(i) “AHCCHM303 Prepare and apply chemicals”; or\n\n(ii) “AHCCHM307 Prepare and apply chemicals to control pest, weeds and diseases”;\n\nand\n\n(b) a unit of competency in transporting and storing chemicals known as “AHCCHM304 Transport and store chemicals”.\n\n[Regulation 5 amended: SL 2021/216 r. 4; SL 2024/151 r. 4.]\n\n##### 6. Director General may issue authorisation\n\n(1) If the Director General is satisfied that a class of persons is qualified to apply a controlled chemical product from an aircraft, the Director General may issue an authorisation for that class of persons.\n\n(2) An authorisation issued under subregulation (1) —\n\n(a) must be published in the *Gazette*; and\n\n(b) may be amended or revoked by a subsequent notice published in the *Gazette*.\n\n##### 7. Person responsible to have record of application of controlled chemical product\n\n(1) If a controlled chemical product is applied from an aircraft, the person responsible for applying the product from the aircraft must —\n\n(a) ensure that a record containing the information set out in subregulation (2) is made no later than 48 hours after the product was applied on the land; and\n\n(b) keep the record until the end of the period of 3 years beginning on the day on which the product was applied on the land.\n\nPenalty for this subregulation: a fine of $20 000.\n\n(2) For the purposes of subregulation (1), the information is as follows —\n\n(a) the date and time the controlled chemical product was applied;\n\n(b) the name and residential address of the person who applied the product on the land;\n\n(c) the name and address of an owner or occupier of the land on which the product was applied;\n\n(d) the total area of the land on which the product was applied;\n\n(e) the exact location of the land on which the product was applied, described in sufficient detail to enable that location to be readily identified;\n\n(f) the estimated velocity and the direction of the wind at the time the product was applied;\n\n(g) the product that was applied;\n\n(h) the quantity and concentration of the product that was applied per hectare;\n\n(i) the equipment used to apply the product;\n\n(j) the type of crop on the land on which the product was applied.\n\n(3) For the purposes of subregulation (1), the person responsible for applying the controlled chemical product from the aircraft is —\n\n(a) if the person who applies the product from the aircraft is acting as an employee of another person (the employer) who is conducting a business of applying chemical products — the employer; or\n\n(b) if the person who applies the product from the aircraft is acting, otherwise than as an employee, for or on behalf of another person (the principal) who is conducting a business of applying chemical products — the principal; or\n\n(c) otherwise — the person who applies the product from the aircraft.\n\n[Regulation 7 amended: SL 2021/216 r. 5.]\n\n##### 8. Transitional provision\n\n(1) In this regulation —\n\ncertificate has the meaning given in the *Aerial Spraying Control Act 1966* section 3;\n\ncommencement day means the day referred to in regulation 2(b);\n\ntransitional period means the period of 3 years beginning on commencement day.\n\n(2) During the transitional period, a person is taken to hold a prescribed qualification to apply a controlled chemical product from an aircraft for the purposes of section 56(1) of the Act if the person —\n\n(a) held a certificate immediately before commencement day; and\n\n(b) is complying with the conditions (if any) attached to that certificate.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Biosecurity and Agriculture Management (Aerial Application) Regulations 2018* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Biosecurity and Agriculture Management (Aerial Application) Regulations 2018* | 28 Dec 2018 p. 4880‑3 | r. 1 and 2: 28 Dec 2018 (see r. 2(a));   Regulations other than r. 1 and 2: 29 Dec 2018 (see r. 2(b) and *Gazette* 28 Dec 2018 p. 4879) |\n| *Biosecurity and Agriculture Management (Aerial Application) Amendment Regulations 2021* | SL 2021/216 17 Dec 2021 | r. 1 and 2: 17 Dec 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Dec 2021 (see r. 2(b)) |\n| *Biosecurity and Agriculture Management Regulations Amendment Regulations 2024* Pt. 2 | SL 2024/150 10 Jul 2024 | 11 Jul 2024 (see r. 2(b)) |\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\naircraft 3\n\napply 3\n\napproved training organisation 5(1A)\n\ncertificate 8(1)\n\ncommencement day 8(1)\n\ncontrolled chemical product 3\n\nemployer 7(3)\n\nmicro to medium weight RPA 3\n\nprincipal 7(3)\n\nRPA 5(2)\n\ntransitional period 8(1)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating aerial application of agricultural chemicals. The 2021 and 2024 amendments appear to have clarified and updated the drone provisions (micro to medium weight RPA rules) rather than expanding the scope beyond aerial chemical application. The regulations maintain their narrow focus on qualifications, authorisations, and record-keeping for aerial spraying operations."},"complexity_factors":["Multiple overlapping qualification pathways (4 different ways to be authorised under regulation 5)","Nested conditional logic for drone exemptions (regulation 5(2) has 4 separate conditions that must all be met)","Cross-references to 6 external pieces of legislation (Agvet Code, Civil Aviation Safety Regulations, National Vocational Education and Training Regulator Act, Vocational Education and Training Act, Education and Training Reform Act (Vic), Health (Pesticides) Regulations)","Defined terms section with 10 defined terms, some referencing external definitions","Transitional provisions creating temporary grandfathering for existing certificate holders","Penalty provision with specific monetary amount ($20,000) creating strict liability for record-keeping","Discretionary powers for Director General to specify excluded products and authorise classes of persons"],"plain_english_summary":"These regulations set the rules for spraying agricultural chemicals from aircraft (including drones) in Western Australia. They cover who is allowed to do aerial spraying, what qualifications they need, and what records must be kept.\n\n**Who needs to follow these rules?**\n- Anyone applying agricultural chemicals from planes or helicopters\n- People using drones (remotely piloted aircraft) to spray crops\n- Businesses that hire aerial spraying contractors\n\n**Key requirements:**\n\n**Qualifications:** To spray from the air, you must have one of the following:\n- **Spraysafe Pilot Accreditation** from the Aerial Application Association of Australia (the industry body for aerial spraying)\n- A **pesticide technician's licence** endorsed for crops and pastures\n- An **authorisation** issued by the Director General of the Department of Primary Industries and Regional Development\n- For small drones used privately (micro to medium weight RPAs): a **statement of attainment** from a registered training organisation showing you've completed chemical handling and safety units\n\n**Special rules for drone operators:** If you're using a small drone (under 25kg) for your own land without getting paid, you don't need the full pilot accreditation—just the basic chemical safety training. But this only applies if:\n- You're only flying one drone\n- You own the drone or are flying for the owner\n- You're spraying your own land\n- Nobody involved is getting paid for the spraying\n\n**Record keeping:** Whoever is responsible for the spraying (usually the business owner if it's a commercial operation) must keep detailed records for 3 years, including:\n- When and where the spraying happened\n- Wind speed and direction\n- What chemical was used and how much\n- What crop was treated\n- Who did the spraying\n\n**Penalties:** Failing to keep proper records can result in a fine of up to $20,000.\n\n**Why this matters:** These rules ensure that aerial spraying is done safely by qualified people, protecting neighbouring properties, the environment, and public health. The regulations also modernise the law to cover new drone technology, not just traditional aircraft."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The regulations both narrow and broaden application compared with a generic statutory duty by (a) prescribing specific qualifications and an operational exemption for certain RPAs (reg 5), (b) delegating authority to the Director General to exclude particular chemical products or to authorise classes of persons (regs 4 and 6), and (c) adding detailed record‑keeping obligations with a monetary penalty (reg 7) and a 3‑year transitional recognition of existing certificates (reg 8). These provisions alter who must hold qualifications, who decides exemptions, and how compliance is demonstrated."},"complexity_factors":["Cross‑references to multiple external laws and instruments (Agvet Code; Civil Aviation Safety Regulations 1998; National Vocational Education and Training Regulator Act 2011; Health (Pesticides) Regulations 2011; Vocational Education and Training Act 1996) increase interpretive complexity (reg 3; reg 5(1A); reg 5(1)(b)).","Multiple qualification routes and conditional exemptions (Spraysafe accreditation; technician’s licence; Director General authorisation; RPA‑specific qualifications and operational conditions) create branching compliance paths (reg 5(1)(a)–(d); reg 5(2)–(3); reg 6).","Administrative discretion: Director General may specify that products are not controlled or may issue, amend or revoke authorisations — discretion affects who is regulated (reg 4; reg 6(1)–(2)).","Detailed mandatory record‑keeping requirements, a strict 48‑hour creation deadline, 3‑year retention period and a high monetary penalty add compliance burden and enforcement risk (reg 7(1)–(2)).","Transitional arrangements recognise pre‑existing certificates for a defined 3‑year period, creating a temporary dual‑regime to manage legacy operators (reg 8).","Defined technical terms (e.g. micro to medium weight RPA) linked to external definitions require cross‑checking to apply correctly (reg 3; reg 5(2))."],"plain_english_summary":"These regulations set who may legally apply agricultural chemical products from aircraft in Western Australia. They define “controlled chemical product”, require specific qualifications or an authorisation to spray from aircraft (including tailored rules for micro‑to‑medium remotely piloted aircraft), give the Director General power to exclude products or authorise classes, and impose mandatory record‑keeping for each aerial application with a $20,000 penalty for non‑compliance (regs 3–8, esp. 5–7). The person responsible for the operation bears compliance costs and record‑keeping obligations (reg 7)."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and final form is possible from the provided content."},"complexity_factors":["No legislative content was retrievable — the source page returned a 404-style error message","Complexity cannot be meaningfully assessed without the actual text of the regulations","Score of 1 reflects the absence of content to analyse, not the likely complexity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Biosecurity and Agriculture Management (Aerial Application) Regulations 2018** (a Western Australian law) could not be retrieved. The page hosting this legislation has been taken down or moved as part of a website upgrade by the Parliamentary Counsel's Office.\n\n**What we know from the title alone:**\n- This is a **Western Australian regulation** (subordinate law made under a parent Act)\n- It likely governs the **aerial application of pesticides, herbicides, or other agricultural/biosecurity chemicals** — that is, rules around crop-dusting or similar aircraft-based spraying operations\n- It would typically affect **farmers, licensed aerial applicators (pilots and operators who spray chemicals from aircraft), agricultural businesses, and potentially nearby landowners or communities**\n\n**To access the actual legislation**, visit the [Western Australian Legislation website](https://www.legislation.wa.gov.au) and search for the title directly."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-and-agriculture-management-aerial-application-regulations-2018","history":"/api/acts/biosecurity-and-agriculture-management-aerial-application-regulations-2018/history","analysis":"/api/acts/biosecurity-and-agriculture-management-aerial-application-regulations-2018/analysis","conflicts":"/api/acts/biosecurity-and-agriculture-management-aerial-application-regulations-2018/conflicts","importantCases":"/api/acts/biosecurity-and-agriculture-management-aerial-application-regulations-2018/important-cases","documents":"/api/acts/biosecurity-and-agriculture-management-aerial-application-regulations-2018/documents"}}