{"id":"biosecurity-and-agriculture-management-agricultural-chemical-record-keeping-regulations-2020","name":"Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020","slug":"biosecurity-and-agriculture-management-agricultural-chemical-record-keeping-regulations-2020","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174111,"registerId":"wa-biosecurity-and-agriculture-management-agricultural-chemical-record-keeping-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020","content":"![Crest]()Western Australia\n\nBiosecurity and Agriculture Management Act 2007\n\nBiosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020\n\nWestern Australia\n\nBiosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\nPart 2 — Agricultural chemical record keeping\n\n3. Terms used 2\n\n4. Responsible owner or occupier to have record of use of agricultural chemical product 3\n\n5. Exceptions to requirement to have record 4\n\nPart 3 — *Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013* amended\n\n6. Regulations amended 6\n\n7. Schedule 1 Division 6 inserted 6\n\nDivision 6 — *Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020*\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\nBiosecurity and Agriculture Management Act 2007\n\nBiosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) Part 1 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the 28th day after that day.\n\n## Part 2 — Agricultural chemical record keeping\n\n##### 3. Terms used\n\n(1) In these regulations —\n\nagricultural chemical product means a chemical product within paragraph (a) of the definition of that term in section 6 of the Act;\n\napproved label — see subregulation (2);\n\ncontainer — see subregulation (2);\n\ndomestic product means an agricultural chemical product that is supplied to the general public for use for domestic purposes (including home gardening);\n\ndwelling has the meaning given in section 63 of the Act;\n\nexcepted domestic product use — see subregulation (3);\n\nresponsible owner or occupier, in relation to the use of an agricultural chemical product on any land, means the owner or occupier of the land —\n\n(a) who uses the agricultural chemical product or who arranges (directly or indirectly) for it to be used; or\n\n(b) for whom, or on whose behalf, the agricultural chemical product is used or is arranged (directly or indirectly) to be used;\n\nuse, in relation to an agricultural chemical product, includes apply, disperse, drop, lay, spray or spread the agricultural chemical product by any means (for example, by hand or by the use of a machine or any type of equipment (including aerial spraying equipment)).\n\n(2) In these regulations, each of the following terms has the meaning given in the Agvet Code of Western Australia section 3 —\n\napproved label\n\ncontainer\n\n(3) For the purposes of these regulations, the use of an agricultural chemical product is an ***excepted domestic product use*** if —\n\n(a) the agricultural chemical product is a domestic product; and\n\n(b) the agricultural chemical product is used —\n\n(i) by hand; or\n\n(ii) by using an applicator that is carried by hand or otherwise on the body and that is operated by hand;\n\nand\n\n(c) if the use is outdoors — no more than 20 litres or 20 kilograms of “ready‑to‑use” product, or 5 litres or 5 kilograms of concentrated product, is used; and\n\n(d) if the use is indoors — no more than 5 litres or 5 kilograms of “ready‑to‑use” product, or 1 litre or 1 kilogram of concentrated product, is used.\n\n##### 4. Responsible owner or occupier to have record of use of agricultural chemical product\n\n(1) If an agricultural chemical product is used on any land, the responsible owner or occupier must —\n\n(a) ensure that a record containing the information set out in subregulation (2) is made no later than 7 days after the date of the use; and\n\n(b) keep that record until the end of the period of 2 years starting on the date of the use.\n\nPenalty for this subregulation: a fine of $20 000.\n\n(2) The information is as follows —\n\n(a) the name and contact details of the responsible owner or occupier;\n\n(b) the name and contact details of the person who uses the agricultural chemical product (if that person is not the responsible owner or occupier);\n\n(c) the date and time of the use;\n\n(d) the full product trade name of the agricultural chemical product;\n\n(e) a description —\n\n(i) of the crop or other thing, or of the situation, in relation to which the agricultural chemical product is used; and\n\n(ii) of the means by which the agricultural chemical product is used;\n\n(f) the exact location of the crop, other thing or situation referred to in paragraph (e)(i), described in sufficient detail to enable that location to be readily identified;\n\n(g) the rate of use of the agricultural chemical product or other information that is sufficient to enable that rate to be readily determined;\n\n(h) any other information that a requirement included in the approved label of the container of the agricultural chemical product requires to be recorded in relation to the use;\n\n(i) if the use occurs under the authority of a permit issued under the Agvet Code of Western Australia Part 7 — any other information that a condition of the permit requires to be recorded in relation to the use.\n\n(3) This regulation is subject to regulation 5.\n\n##### 5. Exceptions to requirement to have record\n\nRegulation 4 does not require a record to be made and kept in any of the following cases —\n\n(a) the use occurs in a dwelling;\n\n(b) the use occurs in the grounds of a dwelling and is not for the purposes of an agricultural activity;\n\n(c) the use is an excepted domestic product use;\n\n(d) the use is for the purpose of sanitising a public swimming pool or a public spa bath.\n\n## Part 3 — *Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013* amended\n\n##### 6. Regulations amended\n\nThis Part amends the *Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013*.\n\n##### 7. Schedule 1 Division 6 inserted\n\nAt the end of Schedule 1 insert:\n\nDivision 6 — *Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020*\n\n| **Offence under *Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020*** | | **Modified penalty**<br>**$** |\n| --- | --- | --- |\n| r. 4(1) | Failing to ensure record of use of agricultural chemical product is made no later than 7 days after the use and to keep record for 2 years | 400 |\n\n\nNotes\n\nThis is a compilation of the *Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020*. 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 (Agricultural Chemical Record Keeping) Regulations 2020* | SL 2020/130 14 Aug 2020 | Pt. 1: 14 Aug 2020 (see r. 2(a));   Regulations other than Pt. 1: 11 Sep 2020 (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\nagricultural chemical product 3(1)\n\napproved label 3(1) and(2)\n\ncontainer 3(1) and (2)\n\ndomestic product 3(1)\n\ndwelling 3(1)\n\nexcepted domestic product use 3(1)\n\nresponsible owner or occupier 3(1)\n\nuse 3(1)\n","sortOrder":0}],"analysis":{"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":3,"scope_assessment":{"changed":false,"description":"The instrument establishes a new, specific record‑keeping obligation and enforcement mechanism for agricultural chemical use but does not alter the statutory definition of 'agricultural chemical product' (it references the Act) or otherwise purport to narrow/expand that definition. It implements obligations and penalties rather than changing substantive scope set by the Act."},"complexity_factors":["Detailed, prescriptive record content (name/contact details, date/time, full product trade name, location, rate, label/permit‑required information) — reg 4(2).","Multiple defined terms and cross‑references (eg. 'agricultural chemical product' from the Act; 'approved label' and 'container' from the Agvet Code) — reg 3(1)–(2).","Exceptions carved by use‑type and quantity thresholds for domestic uses (different outdoor/indoor limits for ready‑to‑use vs concentrated product) — reg 3(3) and reg 5(c).","Dual enforcement path: a maximum statutory fine for the obligation (reg 4(1)) plus a published modified infringement penalty option (Schedule insertion in Part 3).","Broad scope of who is 'responsible owner or occupier' (includes those who arrange use directly or indirectly) and broad meaning of 'use' (includes aerial and varied equipment) — reg 3(1).","Timing and retention obligations create operational compliance tasks (make record within 7 days; keep for 2 years) and evidential/administrative burden on landholders — reg 4(1).","Interaction with Agvet Code permits: additional permit conditions may add recording requirements to each use — reg 4(2)(i)."],"plain_english_summary":"These regulations require the owner or occupier responsible for using an agricultural chemical product on land to make a written record of the use within 7 days and keep it for 2 years (reg 4). Records must identify product, location, timing, rate and any label or permit‑required details; small domestic uses, dwelling uses and pool sanitising are excepted (reg 5). Non‑compliance attracts a statutory penalty and an infringement notice option."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed. No legislative text was available to compare against any original intent. The title suggests a focused, specific regulatory instrument dealing with record-keeping obligations for agricultural chemical use under the Biosecurity and Agriculture Management Act 2007 (WA), but this cannot be confirmed or analysed without the actual content."},"complexity_factors":["No legislative content is available for analysis — the source page has been removed","Only the title and a system error message were retrievable","No provisions, definitions, schedules, or operative clauses could be examined","Complexity cannot be meaningfully rated; score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"**What we know:** This appears to be Western Australian regulations about keeping records when using agricultural chemicals (pesticides, herbicides, and similar products used in farming).\n\n**The problem:** The actual content of these regulations is unavailable — the page no longer exists on the Western Australian legislation website due to a system upgrade. This means the specific rules, who they apply to, deadlines, penalties, and requirements **cannot be assessed** from the information provided.\n\n**What this likely covers (based on the title alone):** Agricultural chemical record-keeping rules typically require farmers, landholders, or chemical users to keep logs of what chemicals they used, when, where, how much, and why — for biosecurity and safety purposes.\n\n**What you should do:** If this affects you, visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) directly and search for these regulations by name to find the current, authoritative text."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing record-keeping requirements for agricultural chemical use. The scope has not expanded beyond this core administrative function."},"complexity_factors":["Short instrument: only 7 regulations across 3 Parts","Limited defined terms: 8 defined terms, mostly straightforward (e.g., 'use' explicitly includes spraying, spreading, aerial application)","Single core obligation: one main duty (record-keeping) with a clear 7-day/2-year timeframe","Simple exception structure: 4 categorical exemptions in regulation 5, no nested conditions","Minimal cross-referencing: only references to parent Act (Biosecurity and Agriculture Management Act 2007) and Agvet Code of Western Australia for technical definitions (approved label, container)","No conditional logic or cascading requirements beyond the domestic use volume thresholds in regulation 3(3)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a **paper trail requirement** for anyone using agricultural chemicals (pesticides, herbicides, etc.) on land in Western Australia. If you own or occupy land where these chemicals are used, you must keep detailed records of every application.\n\n**Who it affects:**\n\n*   **Farmers and primary producers** – anyone using chemicals for agricultural purposes\n*   **Landowners who hire contractors** – if you arrange for someone else to spray your property, *you're* still responsible for the records\n*   **Commercial operators** – pest control businesses, aerial spraying companies\n\n**What records must be kept:**\n\nWithin **7 days** of using a chemical, the responsible person must record:\n\n*   Who applied it (name and contact details)\n*   When it was applied (date and time)\n*   Exactly what product was used (full trade name)\n*   Where it was applied (precise location)\n*   What it was applied to (crop, pest, or situation)\n*   How it was applied (spray, spread, aerial, etc.)\n*   The rate/concentration used\n*   Any extra requirements from the product label or permit\n\nThese records must be kept for **2 years**.\n\n**Exceptions – you DON'T need records if:**\n\n*   You're using chemicals **inside your home** (dwelling)\n*   You're using them in your **home garden** (grounds of dwelling, non-agricultural use)\n*   It's a **small-scale domestic product** used by hand with limited quantities (e.g., home gardener using a hand sprayer with under 20L of ready-to-use product outdoors)\n*   You're **sanitising a public swimming pool or spa**\n\n**Penalties:**\n\n*   **Court penalty:** Up to $20,000 for failing to keep records\n*   **On-the-spot fine:** $400 (infringement notice)\n\n**Why it matters:**\n\nThis creates accountability for chemical use. If there's a contamination incident, spray drift dispute, or residue problem, authorities can trace exactly what was used, where, when, and by whom. It protects neighbouring properties, the environment, and food safety standards."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-and-agriculture-management-agricultural-chemical-record-keeping-regulations-2020","history":"/api/acts/biosecurity-and-agriculture-management-agricultural-chemical-record-keeping-regulations-2020/history","analysis":"/api/acts/biosecurity-and-agriculture-management-agricultural-chemical-record-keeping-regulations-2020/analysis","conflicts":"/api/acts/biosecurity-and-agriculture-management-agricultural-chemical-record-keeping-regulations-2020/conflicts","importantCases":"/api/acts/biosecurity-and-agriculture-management-agricultural-chemical-record-keeping-regulations-2020/important-cases","documents":"/api/acts/biosecurity-and-agriculture-management-agricultural-chemical-record-keeping-regulations-2020/documents"}}