{"id":"controlled-substances-pesticides-regulations-2017","name":"Controlled Substances (Pesticides) Regulations 2017","slug":"controlled-substances-pesticides-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235318,"registerId":"sa-controlled-substances-pesticides-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Controlled Substances (Pesticides) Regulations 2017","content":"South Australia\nControlled Substances (Pesticides) Regulations 2017\nunder the Controlled Substances Act 1984\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tMeaning of supervision\n5\tNon-application of regulations to certain pest control work\nPart 2—Licences\n6\tRequirement for licence\n7\tAuthority conferred by licence\n8\tPest controller's licence\n9\tPest management technician's licence\n10\tConditions of licence\n11\tTerm and renewal of licence\n12\tExemptions\n13\tVariation of licence\n14\tSuspension or cancellation of licence\n15\tRight of review\nPart 3—Duties of pest controllers and pest management technicians\n16\tStorage of pesticides\n17\tTransport of pesticides\n18\tCompliance with prescribed standards and codes of practice\n19\tCompliance with Agvet Code\n20\tReporting of certain spillages of pesticide\n21\tRecords to be kept by pest controllers\n22\tDuty of holder of pest controller's licence to notify change of business name or address\n23\tDuty of holder of limited pest management technician's licence to notify change or cessation of employment\nPart 4—Miscellaneous\n24\tApplications\n25\tFalse or misleading statement\nSchedule 1—Revocation and transitional provisions\nPart 1—Revocation of Controlled Substances (Pesticides) Regulations 2003\n1\tRevocation of regulations\nPart 2—Transitional provisions\n2\tInterpretation\n3\tContinuation of licences\n4\tContinuation of exemptions\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Controlled Substances (Pesticides) Regulations 2017.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Controlled Substances Act 1984;\nAgvet Code means the Agvet Code of South Australia (see section 5 of the Agricultural and Veterinary Chemicals (South Australia) Act 1994);\napproved label has the meaning given by the Agvet Code;\ndirector, in relation to a body corporate, has the same meaning as in the Corporations Act 2001 of the Commonwealth;\ndisposal, in relation to pesticide, means—\n\t(a)\tdisposal of unused pesticide; or\n\t(b)\tdisposal of a container that has been used to hold pesticide;\nemploy includes engage under a contract for services;\nPart 7 permit means a permit under Part 7 of the Agvet Code;\npest has the meaning given by the Agvet Code;\npest control business means a business in which pest control work is performed for another for fee or reward;\npest controller means a person who carries on a pest control business;\npest control work means using a pesticide to—\n\t(a)\tkill, stupefy or repel a pest; or\n\t(b)\tinhibit the feeding of a pest; or\n\t(c)\tmodify the physiology of a pest to alter its natural development or reproductive capacity,\nand includes measuring, mixing, weighing or otherwise preparing a pesticide for such use;\npesticide means a substance or preparation that—\n\t(a)\tcontains any proportion of an S5 poison, S6 poison or S7 poison; and\n\t(b)\tis authorised under the Agvet Code for use for pest control work;\npest management technician means a person who personally performs pest control work in the course of a pest control business;\npest management technician's licence means a full pest management technician's licence or a limited pest management technician's licence.\n\t(2)\tIn these regulations, S5 poison, S6 poison and S7 poison have the same respective meanings as in the Controlled Substances (Poisons) Regulations 2011.\n4—Meaning of supervision\n\t(1)\tFor the purposes of these regulations, pest control work is performed by a person under the supervision of another (the supervisor) if and only if—\n\t(a)\tthe pest control work is of a kind that the supervisor is licensed to perform; and\n\t(b)\tthe pesticides used in the pest control work are of a kind that the supervisor is licensed to use; and\n\t(c)\tsubject to subregulation (2), the supervisor is present within sight and sound of the person while the person is performing the work and is available—\n\t(i)\tto advise or assist the person in the performance of the work; or\n\t(ii)\tto intervene in the performance of the work,\nas may be necessary in the circumstances of the case.\n\t(2)\tIf, on application made by a pest controller who employs a person to perform pest control work under the supervision of another, the Minister determines that the competence of the person to perform pest control work is such that the level of supervision required by subregulation (1)(c) is unnecessary, that subregulation does not apply but instead the supervisor must be contactable in a manner approved by the Minister to provide advice or instruction to the person performing the pest control work, if necessary, while the person is performing the work.\n5—Non-application of regulations to certain pest control work\nThese regulations do not apply in relation to pest control work consisting only of—\n\t(a)\tthe application of glyphosate by means of—\n\t(i)\thand-held equipment with a tank having a maximum capacity of 15 litres or less; or\n\t(ii)\ta brush or similar implement; or\n\t(b)\tmeasuring, mixing, weighing or otherwise preparing glyphosate for application by such means.\nPart 2—Licences\n6—Requirement for licence\n\t(1)\tA person must not carry on a pest control business except as authorised by—\n\t(a)\ta pest controller's licence under these regulations; or\n\t(b)\ta commercial operator licence issued under the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 of Tasmania as amended from time to time, or under an Act substituted for that Act; or\n\t(c)\ta commercial operator licence under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 of Victoria as amended from time to time, or under an Act substituted for that Act; or\n\t(d)\tregistration as a commercial pesticide firm under the Health Act 1911 of Western Australia as amended from time to time, or under an Act substituted for that Act.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tA person must not perform pest control work in the course of a pest control business except as authorised by a pest management technician's licence under these regulations.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tA person who carries on a pest control business must ensure that no person performs pest control work in the course of that business except as authorised by a pest management technician's licence under these regulations.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n7—Authority conferred by licence\nSubject to these regulations—\n\t(a)\ta pest controller's licence authorises the holder of the licence to carry on a pest control business in which pest control work of a kind specified in the licence using pesticides of a kind specified in the licence may be performed by the holder of a pest management technician's licence authorising pest control work of that kind by the use of pesticides of that kind;\n\t(b)\ta full pest management technicians's licence authorises the holder of the licence to perform pest control work of a kind specified in the licence using pesticides of a kind specified in the licence;\n\t(c)\ta limited pest management technician's licence authorises the holder of the licence to perform pest control work of a kind specified in the licence using pesticides of a kind specified in the licence under the supervision of the holder of a full pest management technician's licence.\n8—Pest controller's licence\n\t(1)\tThe Minister may grant an application for a pest controller's licence if satisfied—\n\t(a)\tthat the applicant—\n\t(i)\tholds a full pest management technician's licence; or\n\t(ii)\temploys a person who holds such a licence,\nauthorising the holder to perform pest control work of the kind, by the use of pesticides of the kind, for which the pest controller's licence is sought; and\n\t(b)\tthat the applicant, or a person employed by the applicant, has an adequate knowledge of the requirements of these regulations and of the practices that should be followed in the conduct of a pest control business; and\n\t(c)\tthat the applicant has appropriate equipment to perform pest control work of the kind for which the pest controller's licence is sought; and\n\t(d)\tthat—\n\t(i)\tin the case of an application by a natural person—the applicant is otherwise a fit and proper person to hold a pest controller's licence; or\n\t(ii)\tin the case of an application by a body corporate—each director of the body corporate is a fit and proper person to be the director of a body corporate that holds a pest controller's licence.\n\t(2)\tA pest controller's licence is subject to the following conditions:\n\t(a)\ta condition that the holder of the licence will maintain any premises and equipment used for the purposes of the holder's pest control business in a clean, efficient and safe working condition;\n\t(b)\ta condition that the holder of the licence will ensure that any pesticide, while handled or used in the course of the holder's pest control business, is under the direct control of the holder of a pest management technician's licence;\n\t(c)\ta condition that the holder of the licence will ensure that any unused pesticide or any container used to hold a pesticide in the course of the pest controller's business is disposed of in a manner not likely to endanger the health of any person.\n9—Pest management technician's licence\n\t(1)\tThe Minister may grant an application for a full pest management technician's licence if satisfied that the applicant—\n\t(a)\thas qualifications that the Minister considers appropriate having regard to the kind of pest control work for which the licence is sought; and\n\t(b)\tis medically fit to perform pest control work of the kind for which the licence is sought; and\n\t(c)\tis otherwise a fit and proper person to hold a pest management technician's licence.\n\t(2)\tA person who does not have the qualifications required for the grant of a full pest management technician's licence may apply to the Minister for a limited pest management technician's licence.\n\t(3)\tThe Minister may grant an application for a limited pest management technician's licence if—\n\t(a)\tthe applicant gives to the Minister an undertaking that the applicant will, as soon as practicable after the grant of the licence, commence an appropriate course of instruction or training approved by the Minister to obtain the qualifications required for the grant of a full pest management technician's licence; and\n\t(b)\tthe Minister is satisfied that the applicant—\n\t(i)\tis employed by a pest controller to perform pest control work under the supervision of the holder of a full pest management technician's licence; and\n\t(ii)\tis medically fit to perform pest control work of the kind for which the licence is sought; and\n\t(iii)\tis otherwise a fit and proper person to be licensed as a pest management technician.\n\t(4)\tA full pest management technician's licence or limited pest management technician's licence is subject to the following conditions:\n\t(a)\ta condition that the holder of the licence will, while using pesticides, wear protective clothing sufficient to prevent contamination of the holder;\n\t(b)\ta condition that the holder of the licence will keep suitable first aid materials available where pesticides are being used by the holder;\n\t(c)\ta condition that the holder of the licence will not handle or use pesticides in a manner dangerous to the health of any person;\n\t(d)\ta condition that the holder of the licence will dispose of any unused pesticide or any container used to hold a pesticide in a manner not likely to endanger the health of any person;\n\t(e)\ta condition that the holder of the licence will, if a spillage of pesticides occurs, clean and decontaminate the area in which the spillage occurred in a manner approved by the Minister;\n\t(f)\ta condition that the holder of the licence will submit to such medical examinations as the Minister considers necessary to monitor exposure of the holder to pesticides;\n\t(g)\ta condition that the holder of the licence will submit to such assessments as the Minister considers necessary to ensure that the holder maintains an adequate knowledge of pest control work and pesticides of the kind authorised by the licence.\n\t(5)\tA limited pest management technician's licence is subject to a condition that the holder of the licence will not make recommendations or give advice to any person concerning the use of pesticides.\n\t(6)\tAn application for a pest management technician's licence cannot be made except by, or on behalf of, a natural person.\n10—Conditions of licence\n\t(1)\tA licence under these regulations is subject to—\n\t(a)\tsuch conditions as are imposed by these regulations; and\n\t(b)\tsuch other conditions as the Minister thinks fit to impose and specifies in the licence or by notice in writing given personally or by post to the holder of the licence.\n\t(2)\tThe holder of a licence under these regulations must not contravene or fail to comply with a condition of the licence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n11—Term and renewal of licence\n\t(1)\tThe term of a pest controller's licence or full pest management technician's licence is 1 year or 3 years at the option of the applicant, and such a licence may, on application made to the Minister before the expiry of the licence, be renewed for successive terms of 1 year or 3 years, at the option of the applicant.\n\t(2)\tA limited pest management technician's licence expires—\n\t(a)\ton the first anniversary of the date of its grant; or\n\t(b)\tin the case of a licence that has been renewed—\n\t(i)\ton the first anniversary of the date of its renewal; or\n\t(ii)\tif the Minister has extended the term of the licence—at the end of the period of extension.\n\t(3)\tThe Minister may, on application made by the holder of a limited pest management technician's licence before the expiry of the licence, extend the term of the licence for a period not exceeding 6 months if, in the opinion of the Minister, it is fair in the circumstances of the particular case to allow the holder of the licence further time to do whatever is necessary for the holder to qualify for the grant of a full pest management technician's licence.\n\t(4)\tA limited pest management technician's licence may be renewed once by the Minister on application made before the expiry of the licence.\n12—Exemptions\n\t(1)\tThe Minister may exempt a person from the obligation to hold a licence under these regulations on such conditions as the Minister thinks fit.\n\t(2)\tThe Minister may, by notice in writing given personally or by post to a person granted an exemption under this regulation, vary or revoke the exemption.\n\t(3)\tThe Minister must not grant or vary an exemption unless satisfied that pest control work performed in compliance with the conditions of the exemption as granted or varied will not entail any significant risk to public health or the environment.\n\t(4)\tA person who contravenes, or fails to comply with, a condition of an exemption under this regulation is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n13—Variation of licence\n\t(1)\tThe Minister may, by notice in writing given personally or by post to the holder of a licence under these regulations—\n\t(a)\tvary the licence to extend or limit the kind of pest control work authorised by, or the kind of pesticides that may be used under, the licence; or\n\t(b)\tvary or revoke a condition of the licence imposed by the Minister, or impose a further condition on the licence.\n\t(2)\tThe powers conferred by subregulation (1) may be exercised—\n\t(a)\ton the application of the holder of the licence; or\n\t(b)\tif the Minister is of the opinion that there are proper reasons for doing so.\n14—Suspension or cancellation of licence\nThe Minister may, by notice in writing given personally or by post to the holder of a licence under these regulations, suspend or cancel the licence if satisfied—\n\t(a)\tthat the holder made a false statement or furnished false information in applying for the grant, renewal or variation of the licence; or\n\t(b)\tthat the holder has been found guilty of an offence against the Act or these regulations or any other law relating to pesticides (including a law of another State or a Territory); or\n\t(c)\tthat—\n\t(i)\tin the case of a licence held by a natural person—\n\t(A)\tthe holder's health will be seriously endangered if he or she continues to perform pest control work of the kind authorised by the licence; or\n\t(B)\tthe holder is no longer competent to perform pest control work of the kind authorised by the licence; or\n\t(C)\tthe holder is for any other reason no longer a fit and proper person to hold the licence; or\n\t(ii)\tin the case of a pest controller's licence held by a body corporate—a director of the body corporate is no longer a fit and proper person to be the director of a body corporate that holds a pest controller's licence.\n15—Right of review\n\t(1)\tAn applicant for a licence under these regulations may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Minister—\n\t(a)\tto refuse to grant the licence; or\n\t(b)\tto impose particular conditions on the licence.\n\t(2)\tA person who holds or formerly held a licence under these regulations may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Minister—\n\t(a)\tto suspend or cancel the licence; or\n\t(b)\tto vary the licence; or\n\t(c)\tto impose or vary particular conditions on the licence.\n\t(3)\tSubject to subregulation (5), an application for review under this regulation must be made within 1 month of the making of the Minister's decision.\n\t(4)\tThe Minister must, on application by a person seeking a review of a decision of the Minister, state in writing the reasons for the decision.\n\t(5)\tIf the reasons of the Minister are not given in writing at the time of making the decision and the person affected by the decision (within 1 month of the making of the decision) requires the Minister to state the reasons in writing, the time for making an application for review runs from the time at which the person receives the written statement of those reasons.\nPart 3—Duties of pest controllers and pest management technicians\n16—Storage of pesticides\n\t(1)\tA pest controller must ensure that a pesticide stored in the course of the pest controller's business is kept in a prescribed container that—\n\t(a)\tis kept securely closed; and\n\t(b)\tis housed in a structure that—\n\t(i)\tis roofed; and\n\t(ii)\thas a floor impervious to water; and\n\t(iii)\tis adequately ventilated; and\n\t(iv)\tis locked when unattended; and\n\t(v)\thas an adequate supply of water available to wash any spillage of pesticide that may occur; and\n\t(vi)\tis so situated or constructed that a spillage of pesticide cannot drain into a water supply or watercourse or soak into the soil.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tIn this regulation—\nprescribed container means—\n\t(a)\ta container that bears an approved label; or\n\t(b)\ta container of a kind approved by the Minister for the purposes of this regulation.\n17—Transport of pesticides\n\t(1)\tA pest controller must ensure that the following provisions are complied with in relation to the transport of a pesticide in the course of the pest controller's business:\n\t(a)\tthe pesticide must be transported in a securely closed container that—\n\t(i)\tin the case of a pesticide registered under the Agvet Code—bears the approved label for containers of that pesticide; or\n\t(ii)\tin the case of a pesticide that is not registered under the Agvet Code but is the subject of a Part 7 permit—bears a label that contains adequate instructions relating to the matters referred to in section 14(3)(g) of the Agvet Code;\n\t(b)\tthe pesticide must not be left in an unattended vehicle unless the vehicle has an enclosed storage facility that forms part of or is securely fixed to the structure of the vehicle and the pesticide is kept securely locked in that storage facility;\n\t(c)\tthe driving compartment of the vehicle used to transport the pesticide must be separated from the pesticide storage area by a gas-tight barrier.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tSubregulation (1)(a) does not apply if pesticide is transported in a securely closed spray tank that—\n\t(a)\tforms part of or is securely fixed to the structure of the vehicle being used to transport the pesticide; and\n\t(b)\tis prominently marked with—\n\t(i)\tthe word \"CAUTION\" or \"POISON\" or any other warning approved by the Minister; and\n\t(ii)\tthe name of the pesticide.\n18—Compliance with prescribed standards and codes of practice\n\t(1)\tA pest controller must ensure that the requirements of the prescribed standards and codes of practice are complied with in relation to pest control work carried out in the course of the pest controller's business.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tA pest management technician must perform pest control work in accordance with the prescribed standards and codes of practice.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tFor the purposes of this regulation, the prescribed standards and codes of practice are—\n\t(a)\tAS 3660.1:2014 Termite management Part 1: New building work published by Standards Australia as in force from time to time; and\n\t(b)\tAS 3660.2—2000 Termite management Part 2: In and around existing buildings and structures—Guidelines published by Standards Australia as in force from time to time; and\n\t(c)\tSouth Australian Health Commission Code of Practice for Diluting Pesticides from a Water Supply published by the South Australian Health Commission on 19 May 1988 (Gazette 30.6.2004 p1280) as in force from time to time; and\n\t(d)\tSouth Australian Health Commission Termiticides (Safe Use) Code of Practice published by the South Australian Health Commission on 19 May 1988 (Gazette 19.5.1988 p1285) as in force from time to time.\n19—Compliance with Agvet Code\n\t(1)\tA pest controller must, in relation to a pesticide registered under the Agvet Code, ensure that any instructions on the approved label for the container for the pesticide are complied with in relation to the handling or use of the pesticide in the course of the pest controller's business unless the pesticide is the subject of a Part 7 permit.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tA pest controller must, in relation to a pesticide that is the subject of a Part 7 permit, ensure that—\n\t(a)\tthe conditions of the permit are complied with in relation to the handling or use of the pesticide in the course of the pest controller's business; and\n\t(b)\tthe pesticide is not used in the course of the pest controller's business for a purpose not authorised by the permit.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tA pest management technician must perform pest control work using a pesticide that is registered under the Agvet Code in accordance with any instructions on the approved label for the container for the pesticide unless the pesticide is the subject of a Part 7 permit.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tA pest management technician—\n\t(a)\tmust perform pest control work using a pesticide that is the subject of a Part 7 permit in accordance with the conditions of the permit; and\n\t(b)\tmust not use the pesticide for a purpose not authorised by the permit.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n20—Reporting of certain spillages of pesticide\nIf a person who holds a licence under these regulations observes a spillage of pesticide that, because of its magnitude or location, or because of the toxicity of the pesticide involved—\n\t(a)\trequires assistance to be managed; or\n\t(b)\tis such that it may have an immediate impact on the environment or the health or safety of members of the public,\nthe person must immediately report the spillage to the Minister or a police officer.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n21—Records to be kept by pest controllers\n\t(1)\tA pest controller must, in relation to each pest management technician employed in the pest controller's business, keep a record of—\n\t(a)\tthe technician's name and address; and\n\t(b)\tthe technician's date of birth; and\n\t(c)\tthe date on which the technician commenced employment with the pest controller; and\n\t(d)\tthe date on which the technician ceased employment with the pest controller; and\n\t(e)\tthe pesticides handled or used by the technician in the course of that employment.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tA pest controller must, within 28 days after a pest management technician ceases to be employed in the pest controller's business, forward a copy of the records kept under subregulation (1) to the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tA pest controller must retain a record kept under subregulation (1) for 7 years after the date of the last entry made in it.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(4)\tA pest controller must, in relation to each application of pesticide in the course of the pest controller's business, keep a record of—\n\t(a)\tthe date, time and location of the application; and\n\t(b)\tthe name and quantity of the pesticide applied; and\n\t(c)\tthe name of the pest management technician who applied the pesticide; and\n\t(d)\tthe proximity of other people to the area where the pesticide was applied; and\n\t(e)\tin the case of a pesticide applied outdoors—the prevailing weather conditions in the area where the pesticide was applied; and\n\t(f)\tin the case of a termiticide applied to a site before or during the construction of a building—\n\t(i)\tthe total surface area of the land or building treated with the termiticide; and\n\t(ii)\tthe name and principal place of business of the supplier of the termiticide.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(5)\tA pest controller must retain a record kept under subregulation (4) for 7 years after the date it was made.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(6)\tA pest controller must, on request by the Minister in writing, provide the Minister with specified information contained in a record kept under this regulation within the time specified in the request.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n22—Duty of holder of pest controller's licence to notify change of business name or address\nThe holder of a pest controller's licence must, within 14 days of any change in—\n\t(a)\tany business name under which the holder carries on the pest control business; or\n\t(b)\tthe holder's business or registered address,\ngive the Minister written notice of the change.\nMaximum penalty: $250.\nExpiation fee: $80.\n23—Duty of holder of limited pest management technician's licence to notify change or cessation of employment\nThe holder of a limited pest management technician's licence must, within 14 days of—\n\t(a)\tchanging employment from one pest controller to another; or\n\t(b)\tceasing to be employed as a pest management technician,\ngive the Minister written notice of the change or cessation of employment.\nMaximum penalty: $250.\nExpiation fee: $80.\nPart 4—Miscellaneous\n24—Applications\n\t(1)\tAn application under these regulations must—\n\t(a)\tbe made in a manner and form approved by the Minister; and\n\t(b)\tbe accompanied by the prescribed fee.\n\t(2)\tA person who makes an application under these regulations must, if the Minister so requires—\n\t(a)\tprovide the Minister with specified information to enable the Minister to determine the application; and\n\t(b)\tverify, by statutory declaration, information furnished for the purposes of the application.\n25—False or misleading statement\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under these regulations.\nMaximum penalty: $5 000.\nSchedule 1—Revocation and transitional provisions\nPart 1—Revocation of Controlled Substances (Pesticides) Regulations 2003\n1—Revocation of regulations\nThe Controlled Substances (Pesticides) Regulations 2003 are revoked.\nPart 2—Transitional provisions\n2—Interpretation\nIn this Part—\nrevoked regulations means the regulations revoked by clause 1.\n3—Continuation of licences\n\t(1)\tA pest controller's licence under the revoked regulations in force immediately before the commencement of these regulations continues in force under these regulations, subject to its terms and conditions, as a pest controller's licence under these regulations for the balance of the term for which it was granted or last renewed.\n\t(2)\tA limited pest management technician's licence under the revoked regulations in force immediately before the commencement of these regulations continues in force under these regulations, subject to its terms and conditions, as a limited pest management technician's licence under these regulations for the balance of the term for which it was granted or last renewed.\n\t(3)\tA full pest management technician's licence under the revoked regulations in force immediately before the commencement of these regulations continues in force under these regulations, subject to its terms and conditions, as a full pest management technician's licence under these regulations for the balance of the term for which it was granted or last renewed.\n4—Continuation of exemptions\nAn exemption under the revoked regulations in force immediately before the commencement of these regulations continues in force under these regulations, subject to its terms and conditions, as an exemption under these regulations.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Controlled Substances (Pesticides) Regulations 2017 revoked the following:\nControlled Substances (Pesticides) Regulations 2003\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n251\nGazette 15.8.2017 p3589 \n1.9.2017: r 2\n2020\n16\nGazette 27.2.2020 p447\n4.5.2020: r 2\n2024\n70\nGazette 18.7.2024 p2185\n18.7.2024: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n4.5.2020\nr 3\n\n\nr 3(1)\n\n\nlicensing authority\ndeleted by 70/2024 r 3\n18.7.2024\nr 4\n\n\nr 4(2)\namended by 70/2024 r 4\n18.7.2024\nPt 2\n\n\nr 8\n\n\nr 8(1)\namended by 70/2024 r 5\n18.7.2024\nr 9\n\n\nr 9(1)—(4)\namended by 70/2024 r 6\n18.7.2024\nr 10\n\n\nr 10(1)\namended by 70/2024 r 7\n18.7.2024\nr 11\n\n\nr 11(1)—(4)\namended by 70/2024 r 8\n18.7.2024\nr 12\n\n\nr 12(1)—(3)\namended by 70/2024 r 9\n18.7.2024\nr 13\n\n\nr 13(1) and (2)\namended by 70/2024 r 10\n18.7.2024\nr 14\namended by 70/2024 r 11\n18.7.2024\nr 15\nsubstituted by 16/2020 r 4\n4.5.2020\nr 15(1), (2), (4) and (5)\namended by 70/2024 r 12(1)\n18.7.2024\nr 15(3)\namended by 70/2024 r 12(2)\n18.7.2024\nPt 3\n\n\nr 16\n\n\nr 16(2)\n\n\nprescribed container\namended by 70/2024 r 13\n18.7.2024\nr 17\n\n\nr 17(2)\namended by 70/2024 r 14\n18.7.2024\nr 20\namended by 70/2024 r 15\n18.7.2024\nr 21\n\n\nr 21(2)\namended by 70/2024 r 16(1)\n18.7.2024\nr 21(6)\namended by 70/2024 r 16(2)\n18.7.2024\nr 22\namended by 70/2024 r 17\n18.7.2024\nr 23\namended by 70/2024 r 18\n18.7.2024\nPt 4\n\n\nr 24\n\n\nr 24(1) and (2)\namended by 70/2024 r 19\n18.7.2024\nTransitional etc provisions associated with regulations or variations\nControlled Substances (Pesticides) (Licensing Authority) Amendment Regulations 2024 (No 70 of 2024), Sch 1\n1—Transitional and savings provisions\n\t(1)\tA licence in force under the Controlled Substances (Pesticides) Regulations 2017 immediately before the commencement of these regulations, and any condition applying in relation to such a licence, will, after that commencement, be taken to be a licence granted or condition imposed (as the case requires) by the Minister.\n\t(2)\tAn application made to the licensing authority under a provision of the Controlled Substances (Pesticides) Regulations 2017, but not finally determined before the commencement of these regulations, will, after that commencement, be taken to be an application made to the Minister under the provision as amended by these regulations.\n\t(3)\tAn exemption granted by the licensing authority under regulation 12 of the Controlled Substances (Pesticides) Regulations 2017 and in force immediately before the commencement of these regulations will, after that commencement, be taken to be an exemption granted by the Minister under that regulation.\n\t(4)\tA manner of contact that is, immediately before the commencement of these regulations, approved by the licensing authority for the purposes of regulation 4(2) of the Controlled Substances (Pesticides) Regulations 2017 will, after that commencement, be taken to be a manner of contact approved by the Minister for the purposes of regulation 4(2) of the Controlled Substances (Pesticides) Regulations 2017.\n\t(5)\tA course of instruction or training that is, immediately before the commencement of these regulations, approved by the licensing authority for the purposes of regulation 9(3)(a) of the Controlled Substances (Pesticides) Regulations 2017 will, after that commencement, be taken to be a course of instruction or training approved by the Minister for the purposes of regulation 9(3)(a) of the Controlled Substances (Pesticides) Regulations 2017.\n\t(6)\tA manner of cleaning and decontaminating that is, immediately before the commencement of these regulations, approved by the licensing authority for the purposes of regulation 9(4)(e) of the Controlled Substances (Pesticides) Regulations 2017 will, after that commencement, be taken to be a manner of cleaning and decontaminating approved by the Minister for the purposes of regulation 9(4)(e) of the Controlled Substances (Pesticides) Regulations 2017.\n\t(7)\tA container of a kind that is, immediately before the commencement of these regulations, approved by the licensing authority for the purposes of regulation 16 of the Controlled Substances (Pesticides) Regulations 2017 will, after that commencement, be taken to be a container of a kind approved by the Minister for the purposes of regulation 16 of the Controlled Substances (Pesticides) Regulations 2017.\n\t(8)\tA warning that is, immediately before the commencement of these regulations, approved by the licensing authority for the purposes of regulation 17(2)(b)(i) of the Controlled Substances (Pesticides) Regulations 2017 will, after that commencement, be taken to be a warning approved by the Minister for the purposes of regulation 17(2)(b)(i) of the Controlled Substances (Pesticides) Regulations 2017.\n\t(9)\tA manner and form approved by the licensing authority for the purposes of regulation 24(1)(a) of the Controlled Substances (Pesticides) Regulations 2017 before the commencement of these regulations will, after that commencement, be taken to be a manner and form approved by the Minister for the purposes of regulation 24(1)(a) of the Controlled Substances (Pesticides) Regulations 2017.\nHistorical versions\n4.5.2020\n\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":5,"scope_assessment":{"changed":false,"description":"The regulations implement a licensing and operational framework for commercial pesticide use. The 2017 instrument revoked the 2003 regulations and continued existing licences; subsequent amendments (notably 2020 and 2024) mainly adjust administrative arrangements (for example, replacing references to a \"licensing authority\" with the Minister and carrying over existing approvals and exemptions by transitional savings). Those amendments alter who makes decisions and update administrative detail, but do not materially expand the substantive regulatory reach (licensing, storage/transport, recordkeeping, label/permit compliance and penalties) beyond the original purpose of regulating commercial pesticide use."},"complexity_factors":["Around 13–14 defined terms in the interpretation section (reg 3) including cross‑definitions referencing other instruments (Agvet Code, Corporations Act, Controlled Substances (Poisons) Regulations).","Multiple cross‑references to external legal instruments: Agvet Code, Corporations Act 2001 (Cth), AS standards and older South Australian Health Commission codes (regs 3, 18, 19).","Several layers of conditional licensing logic: pest controller licence requires either holder or employee with full technician licence (reg 8(1)(a)); full and limited technician licences have different grant tests and conditions (reg 9).","A non‑trivial supervision rule with a specific exception allowing Minister‑approved alternative contactability (reg 4(1)–(2)).","Multiple, separate penalty tiers and expiation fees for different breaches (regs 6, 10, 16–21, 22–25) — varies by offence type.","Recordkeeping rules with different content, retention periods (7 years) and reporting timeframes (e.g., 28 days for employee cessation) (reg 21).","Broad Ministerial discretion throughout (granting, varying, suspending, exempting; regs 8, 9, 10, 12–14) which increases interpretive complexity and compliance uncertainty.","Detailed operational requirements for storage and transport (impervious flooring, ventilation, gas‑tight vehicle separation) that may require technical compliance (regs 16–17).","Prescribed standards and codes of practice incorporated by reference and updated 'as in force from time to time' (reg 18) — introduces external, moving parts.","Transitional and amendment history (revocation of 2003 regulations and later variations including 2024 changes) requiring attention to saved licences and administrative handover (Schedule 1 and variation notes)."],"plain_english_summary":"**What these regulations do, in plain English**\n\n- These regulations set the rules for who can run a pest control business and who can do pesticide work in South Australia. They create two linked licensing tracks: a \"pest controller\" licence for the business (the employer/firm) and \"pest management technician\" licences for the people who actually apply pesticides (full or limited) (regs 6–9).\n\n- They define key terms such as what counts as \"pesticide\", \"pest control work\" and when work is done \"under supervision\" (reg 3, reg 4). Work using small hand‑held glyphosate equipment and simple brush applications is excluded from the regulations (reg 5).\n\n- The regulations impose operational duties on licence‑holders: how pesticides must be stored and transported, that work must follow specified Australian Standards and codes of practice, that label or permit instructions from the Agvet Code must be followed, and that certain pesticide spillages must be reported (regs 16–20).\n\n- They impose record‑keeping and notification obligations on pest controllers: keep personnel and application records, retain them for seven years, notify the Minister of employee changes and business name/address changes within set timeframes, and supply records to the Minister on request (regs 21–23).\n\n- The Minister has powers to grant, refuse, renew, vary, suspend or cancel licences, and to grant exemptions subject to conditions (regs 8, 9, 11–15, 12). A person affected by a Ministerial licensing decision can seek review by the South Australian Civil and Administrative Tribunal (reg 15).\n\n- There are criminal penalties and expiation (infringement) fees for breaches (examples: unlicensed operation or unlicensed work, failing to follow label/permit instructions, failing to keep records). Penalties range up to $5,000 for most serious breaches and lower amounts for storage/transport and notification failures (see regs 6, 10, 16–21, 22–25).\n\n**Who this affects**\n\n- Pest control businesses operating for a fee and the individuals they employ who apply pesticides in South Australia (reg 3 definitions and reg 6).  \n- Suppliers or contractors who advertise or deliver pest control services in the State, because the business must be licensed unless an exemption applies (reg 6, reg 12).  \n- People who hold limited licences: they may work only under supervision and are prohibited from giving pesticide advice or recommendations until fully qualified (reg 9(3)–(5)).\n\n**Why it matters (official rationale and practical mechanics)**\n\n- Officially, the regulatory structure implements public‑health and environmental safeguards by ensuring that only trained, fit and properly equipped persons use hazardous pesticides, that label and permit conditions are followed, and that spills and risky practices are reported and cleaned up (regs 9(1), 16–20, 12(3)).\n\n- Mechanically, the law enforces this by:  \n  - Requiring licences for the business and for technicians, with different entitlement and supervision rules for full vs limited technician licences (regs 6–9).  \n  - Attaching mandatory workplace and personal safety conditions to licences (reg 9(4)).  \n  - Requiring compliance with Australian Standards and the Agvet Code (regs 18–19).  \n  - Imposing recordkeeping, retention (7 years) and reporting duties so regulators can audit or investigate (reg 21).\n\n**Costs, incentives and trade‑offs (what to watch for)**\n\n- Who pays: pest controllers and their employees bear the direct costs — licence application/renewal, training to move limited technicians to full technician status, equipment and storage/vehicle modifications, personal protective clothing, first aid supplies, and ongoing recordkeeping (regs 9, 11, 16–17, 21).\n\n- Barriers to entry and labour effects: licensing, qualification standards and supervision requirements create compliance costs and an effective minimum competency threshold for technicians (regs 8–9). Limited licences allow supervised entry but bar advice/recommendations until fully qualified (reg 9(5)), which shapes on‑the‑job training demand.\n\n- Administrative discretion and uncertainty: the Minister has broad powers to grant/condition/ vary/ revoke licences and exemptions (regs 8, 10–14, 12). That discretion reduces regulatory predictability for businesses; it also concentrates decision authority (see reg 12 for conditional exemptions and regs 13–14 for variation/cancellation powers).\n\n- Compliance monitoring and enforcement costs: record retention (7 years) and requirements to provide records on request (reg 21) create administrative overhead for businesses and an enforcement burden for regulators.\n\n- Targeting and carve‑outs: the explicit exemption for small hand‑held glyphosate application reduces compliance costs for many household or small‑scale operators (reg 5), while obligations retain stricter controls where more hazardous pesticides, larger equipment, or commercial scale is involved.\n\n- Implementation risks: practical issues include ensuring supervisors meet the \"present within sight and sound\" test or an approved contactability alternative (reg 4), and ensuring vehicle/ storage modifications meet the prescribed standards (regs 16–17). Failure to meet technical storage/transport requirements can lead to monetary penalties (regs 16–17).\n\n**Concrete behavioural effects**\n\n- Businesses must either obtain a pest controller's licence or stop offering paid pest control services in SA (reg 6).  \n- Employers must ensure every person doing pesticide work holds an appropriate technician licence or works under the precise supervision described, and they must keep personnel and application records (regs 6, 4, 21).  \n- Limited licence holders are incentivised to complete training quickly (minister may extend a limited licence short term) because their duties and permitted actions are restricted (reg 9(2)–(4)).\n\n(References in parentheses are to the regulation numbers cited.)"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the legislation changed from its original intent, as no legislative text was retrievable. The source URL returned a 'Page Not Found' error, likely due to a website migration on 24 March 2026 that broke older hyperlinks."},"complexity_factors":["No actual legislative text was provided — the input is a website error page only","Cannot assess genuine legal complexity without the substantive content of the regulations","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"The Controlled Substances (Pesticides) Regulations 2017 (SA) are subordinate law under the Controlled Substances Act that govern use, sale and handling of pesticides in South Australia. They affect farmers, pest‑control businesses, retailers, manufacturers/importers and consumers — important for regulatory compliance, public safety and environmental protection."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating commercial pest control businesses and pesticide use. The 2024 amendments were administrative in nature, transferring licensing functions from a separate authority to the Minister without expanding the substantive scope of regulated activities or persons."},"complexity_factors":["Moderate cross-referencing to external legislation including the Agvet Code, Controlled Substances Act 1984, and Corporations Act 2001 (Cth)","15 defined terms in the interpretation section (regulation 3), some referencing other regulations","Nested conditional logic in licensing requirements (e.g., regulation 8(1) has multiple sub-paragraphs with alternative pathways for natural persons vs body corporates)","Multiple licence types with different conditions, terms, and renewal rules creating parallel regulatory tracks","Exception to the main scheme in regulation 5 (glyphosate exemption) with its own nested sub-paragraphs","Transitional provisions in Schedule 1 preserving rights under revoked regulations","2024 amendments transferred functions from 'licensing authority' to 'Minister' throughout, requiring careful reading to identify current responsible entity"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for who can legally run a pest control business and use dangerous pesticides in South Australia. They create a licensing system with two main types of licences:\n\n- **Pest controller's licence**: For people or companies running a pest control business\n- **Pest management technician's licence**: For individuals actually doing the pest control work (either full licences for qualified workers, or limited licences for trainees working under supervision)\n\n**Who it affects:**\n\n- Anyone wanting to start a pest control business in South Australia\n- People employed to spray, apply, or handle pesticides professionally\n- Businesses using Schedule 5, 6, or 7 poisons (the most dangerous categories) for pest control\n- Interstate operators (the rules recognise equivalent licences from Tasmania, Victoria, and Western Australia)\n\n**Key requirements:**\n\n- **Licences are mandatory**: You cannot run a pest control business or perform pest control work without the proper licence. Fines up to $5,000 apply for operating without one.\n- **Safety standards**: Licensed workers must follow strict rules about:\n  - How pesticides are stored (locked, roofed, ventilated buildings with spill containment)\n  - How pesticides are transported (secure containers, locked vehicle compartments, gas-tight barriers)\n  - Wearing protective clothing and keeping first aid available\n  - Following product labels and codes of practice\n- **Record keeping**: Businesses must keep detailed records of every pesticide application for 7 years, including what was used, where, when, and who applied it. They must also keep employment records for technicians.\n- **Reporting**: Serious spills that could harm the environment or public health must be reported immediately to the Minister or police.\n\n**Why it matters:**\n\nThese regulations protect public health and the environment by ensuring only trained, qualified people handle dangerous chemicals. The rules prevent accidental poisonings, environmental contamination, and ensure accountability when things go wrong. The 2017 version replaced older 2003 regulations and was later updated in 2024 to transfer licensing authority from a separate body to the Minister directly.\n\n**Notable exemptions:**\n\nThe regulations don't apply to small-scale glyphosate (Roundup) use with hand-held equipment of 15 litres or less, or using brushes—recognising that low-risk domestic use doesn't need the same level of regulation as commercial pest control."}},"importantCases":[],"_links":{"self":"/api/acts/controlled-substances-pesticides-regulations-2017","history":"/api/acts/controlled-substances-pesticides-regulations-2017/history","analysis":"/api/acts/controlled-substances-pesticides-regulations-2017/analysis","conflicts":"/api/acts/controlled-substances-pesticides-regulations-2017/conflicts","importantCases":"/api/acts/controlled-substances-pesticides-regulations-2017/important-cases","documents":"/api/acts/controlled-substances-pesticides-regulations-2017/documents"}}