{"id":"controlled-substances-poppy-cultivation-regulations-2016","name":"Controlled Substances (Poppy Cultivation) Regulations 2016","slug":"controlled-substances-poppy-cultivation-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235320,"registerId":"sa-controlled-substances-poppy-cultivation-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Controlled Substances (Poppy Cultivation) Regulations 2016","content":"South Australia\nControlled Substances (Poppy Cultivation) Regulations 2016\nunder the Controlled Substances Act 1984\n\nContents\n1\tShort title\n3\tInterpretation\n4\tApplication for poppy cultivation licence—prescribed particulars (section 30D(3)(d) of Act)\n5\tPoppy cultivation licence—prescribed conditions (section 30G(5) of Act)\n6\tEmployee identification certificate issued by licensed grower—prescribed information (section 30J(2)(f) of Act)\n7\tApplication for renewal of poppy cultivation licence—prescribed particulars (section 30K(3)(f) of Act)\n8\tApplication for poppy processing licence—prescribed particulars (section 30N(3)(d) of Act)\n9\tPoppy processing licence—prescribed conditions (section 30Q(6) of Act)\n10\tEmployee identification certificate issued by licensed processor—prescribed information (section 30T(2)(f) of Act)\n11\tApplication for renewal of poppy processing licence—prescribed particulars (section 30U(3)(g) of Act)\n12\tRequest to register a contract (section 30ZZH of Act)\n13\tAccess to the alkaloid poppy register restricted—prescribed classes of persons (section 30ZZI(1) of Act)\n14\tFees\n15\tExpiation of alleged offences (sections 30ZQ and 30ZR of Act)\n16\tOffence to contravene a licence—prescribed minor conditions (section 30ZW of Act)\nSchedule 2—Expiation fees\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Controlled Substances (Poppy Cultivation) Regulations 2016.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Controlled Substances Act 1984;\napproved means approved by the Chief Executive;\npoppy cultivation area means an area of land within specified premises where alkaloid poppies are cultivated under a poppy cultivation licence;\npoppy cultivation period means a period commencing on the day on which alkaloid poppies are sown in a poppy cultivation area and ending on the day on which the harvesting of alkaloid poppies growing in the area is completed.\n4—Application for poppy cultivation licence—prescribed particulars (section 30D(3)(d) of Act)\nAn application for a poppy cultivation licence must be accompanied by the full name, date of birth, residential address and position of each person to be employed in carrying out activities in the business to be conducted under the licence.\n5—Poppy cultivation licence—prescribed conditions (section 30G(5) of Act)\nA poppy cultivation licence is subject to the following conditions:\n\t(a)\ta condition that the licensed grower must ensure that any gate providing access to a poppy cultivation area is securely locked unless the licensed grower, or an employee of the licensed grower who is authorised to undertake activities in the business conducted under the licence, is present in the poppy cultivation area;\n\t(b)\ta condition that the licensed grower must ensure that there is sufficient fencing to a poppy cultivation area to—\n\t(i)\tprevent access to the poppy cultivation area by any livestock that are present on the specified premises or any adjacent land; and\n\t(ii)\trestrict access to the poppy cultivation area to persons who are authorised to access the area;\n\t(c)\ta condition that the licensed grower must ensure that a legible sign of A3 size or greater that—\n\t(i)\tincludes the words \"danger,\" \"prohibited area,\" \"keep out,\" \"trespassers prosecuted\" and \"illegal use of crop may cause death\"; and\n\t(ii)\tis weather resistant,\nis displayed during a poppy cultivation period at every gate providing access to, and along the fence or boundary of, the poppy cultivation area (and is placed at intervals of not more than 250 metres along the fence or boundary if it is adjacent to a public road);\n\t(d)\ta condition that the licensed grower must ensure that any alkaloid poppy material remaining on the poppy cultivation area after the harvesting of alkaloid poppies is destroyed within 7 days of the harvest taking place;\n\t(e)\ta condition that a licensed grower must ensure that any alkaloid poppy that is found growing on the specified premises (other than within a poppy cultivation area) or on any land adjacent to the specified premises is destroyed before flowering occurs;\n\t(f)\ta condition that if a person ceases to be employed in carrying out activities in the business conducted under the licence, the licensed grower must give the Chief Executive notice of that fact within 14 days;\n\t(g)\ta condition that if a person becomes employed in carrying out activities in the business conducted under the licence, the licensed grower must, within 14 days after the person commences employment, give the Chief Executive notice of the full name, date of birth, residential address and position of the new employee;\n\t(h)\ta condition that if the licensed grower makes a change to the risk management plan under the licence, the licensed grower must give the Chief Executive notice of the change within 14 days after the change;\n\t(i)\ta condition that the licensed grower must ensure that any poppy plant material taken at different stages of the growing cycle for examination, testing and agronomic assessment (such as soil, nutrient, pest and disease testing) is sent in an approved manner to an approved laboratory or place;\n\t(j)\ta condition that the licensed grower must keep such documents and records as are specified in the risk management plan under the licence;\n\t(k)\ta condition that the licensed grower must ensure that, at least 1 week before the poppy cultivation area is sown with alkaloid poppy seed, the owners of properties that adjoin the poppy cultivation area, or that are separated from the poppy cultivation area only by a road, are given notice in writing—\n\t(i)\tspecifying—\n\t(A)\tthe name and contact details of the licensed grower; and\n\t(B)\tthe name of the person to whom the notice is given; and\n\t(ii)\tcontaining a statement that alkaloid poppies are to be grown by the licensed grower and specifying the location of the poppy cultivation area and the date on which it is proposed to sow alkaloid poppy seed; and\n\t(iii)\tcontaining a statement that livestock and unauthorised persons must be excluded from the poppy cultivation area for their safety; and\n\t(iv)\tcontaining a warning that illegal use of an alkaloid poppy crop may cause death; and\n\t(v)\tcontaining a warning that anyone who trespasses on the poppy cultivation area may be prosecuted.\n6—Employee identification certificate issued by licensed grower—prescribed information (section 30J(2)(f) of Act)\nAn employee identification certificate issued by a licensed grower to an employee employed to carry out activities in the business conducted by the licensed grower under a poppy cultivation licence must contain the following information:\n\t(a)\tthe signature of the employee;\n\t(b)\tthe signature of the licensed grower;\n\t(c)\tthe date on which the certificate was issued;\n\t(d)\tthe date on which the certificate expires.\n7—Application for renewal of poppy cultivation licence—prescribed particulars (section 30K(3)(f) of Act)\nAn application for the renewal of a poppy cultivation licence must contain the full name, date of birth, residential address and position of each person currently employed in carrying out activities in the business conducted under the licence.\n8—Application for poppy processing licence—prescribed particulars (section 30N(3)(d) of Act)\nAn application for a poppy processing licence must be accompanied by the full name, date of birth, residential address and position of each person to be employed in carrying out activities in the business to be conducted under the licence.\n9—Poppy processing licence—prescribed conditions (section 30Q(6) of Act)\nA poppy processing licence is subject to the following conditions:\n\t(a)\ta condition that the licensed processor must ensure that there is sufficient fencing to the specified premises to prevent access by persons who are not authorised to access the specified premises;\n\t(b)\ta condition that the licensed processor must ensure that the specified premises and any buildings in the specified premises are kept securely locked at all times unless the licensed processor, or an employee of the licensed processor who is authorised to undertake activities in the business conducted under the licence, is present at the specified premises;\n\t(c)\ta condition that the licensed processor must ensure that a legible sign of A3 size or greater that—\n\t(i)\tincludes the words \"danger,\" \"prohibited area,\" \"keep out\" and \"trespassers prosecuted\"; and\n\t(ii)\tis weather resistant,\nis displayed at every entry point to the specified premises and on the fence or boundary of the specified premises;\n\t(d)\ta condition that the licensed processor must ensure that any alkaloid poppy found growing in the specified premises is destroyed immediately;\n\t(e)\ta condition that if a person ceases to be employed in carrying out activities in the business conducted under the licence, the licensed processor must give the Chief Executive notice of that fact within 14 days;\n\t(f)\ta condition that if a person becomes employed in carrying out activities in the business conducted under the licence, the licensed processor must, within 14 days after the person commences employment, give the Chief Executive notice of the full name, date of birth, residential address and position of the new employee;\n\t(g)\ta condition that if the licensed processor makes a change to the risk management plan under the licence, the licensed processor must give the Chief Executive notice of the change within 14 days after the change;\n\t(h)\ta condition that a licensed processor who has a current contract with a licensed grower must—\n\t(i)\twithin 28 days after completion of the sowing of alkaloid poppies on the specified premises of the licensed grower—report to the Chief Executive the total number of hectares of alkaloid poppies planted; and\n\t(ii)\twithin 28 days after the failure (whether total or partial) of an alkaloid poppy crop of the licensed grower—report to the Chief Executive the date of the failure and the total number of hectares of the alkaloid poppies that failed; and\n\t(iii)\twithin 28 days after the harvesting of alkaloid poppies on the specified premises of the licensed grower—report to the Chief Executive—\n\t(A)\tthe total number of hectares of alkaloid poppies harvested; and\n\t(B)\tthe date on which the crop was harvested; and\n\t(C)\tthe total quantity in kilograms of poppy straw harvested;\n\t(i)\ta condition that the licensed processor must, before poppy straw is transported under the licence, provide the Chief Executive with all relevant information and documents in accordance with the risk management plan under the licence;\n\t(j)\ta condition that the licensed processor must notify the Chief Executive of any issues relating to the transportation of alkaloid poppy material immediately and must ensure that appropriate measures are taken to address those issues in accordance with the risk management plan under the licence;\n\t(k)\ta condition that the licensed processor must keep such documents and records as are specified in the risk management plan under the licence.\n10—Employee identification certificate issued by licensed processor—prescribed information (section 30T(2)(f) of Act)\nAn employee identification certificate issued by a licensed processor to an employee employed to carry out activities in the business conducted under the poppy processing licence must contain the following information:\n\t(a)\tthe signature of the employee;\n\t(b)\tthe signature of the licensed processor;\n\t(c)\tthe date on which the certificate was issued;\n\t(d)\tthe date on which the certificate expires.\n11—Application for renewal of poppy processing licence—prescribed particulars (section 30U(3)(g) of Act)\nAn application for the renewal of a poppy processing licence must contain the full name, date of birth, residential address and position of each person currently employed in carrying out activities in the business conducted under the licence.\n12—Request to register a contract (section 30ZZH of Act)\nIf a licensed grower requests the Chief Executive to register a contract under section 30ZZH of the Act, the licensed grower must provide the Chief Executive with a copy of the contract.\n13—Access to the alkaloid poppy register restricted—prescribed classes of persons (section 30ZZI(1) of Act)\nFor the purposes of section 30ZZI(1) of the Act, the following classes of persons are prescribed:\n\t(a)\tinspectors;\n\t(b)\tpersons engaged to administer or maintain the alkaloid poppy register (whether employees, contractors or subcontractors, or employees of contractors or subcontractors).\n14—Fees\n\t(1)\tA fee prescribed by fee notice for the purposes of Part 4A of the Act as a fee for the recovery of compliance or administration costs is payable each year by the holder of a poppy cultivation licence or poppy processing licence not later than a date determined by the Chief Executive.\n\t(2)\tThe Chief Executive may waive or reduce payment of a fee prescribed by fee notice for the purposes of Part 4A of the Act if satisfied that it is appropriate to do so in a particular case.\n\t(3)\tIn this regulation—\nfee notice has the same meaning as in the Legislation (Fees) Act 2019.\n15—Expiation of alleged offences (sections 30ZQ and 30ZR of Act)\n\t(1)\tFor the purposes of section 30ZQ of the Act, the offences specified in the table in Schedule 2 are prescribed.\n\t(2)\tFor the purposes of section 30ZR of the Act, the expiation fees specified in the table in Schedule 2 are prescribed.\n\t(3)\tText set out in italic type in a column headed \"Description of offence\" in the table in Schedule 2 is a description for convenience purposes only and is not to be taken to define the offence for which a particular amount is fixed as the expiation fee.\n16—Offence to contravene a licence—prescribed minor conditions (section 30ZW of Act)\n\t(1)\tFor the purposes of section 30ZW(1) of the Act, the conditions prescribed by regulation 5 are prescribed minor conditions.\n\t(2)\tFor the purposes of section 30ZW(3) of the Act, the conditions prescribed by regulation 9 are prescribed minor conditions.\nSchedule 2—Expiation fees\n\nSection of Act\nDescription of offence\nExpiation fee\n30ZV\nFailing to surrender licence or any related documents to Chief Executive within 14 days of suspension or cancellation of licence\n$315\n30ZW(1)\nLicensed grower contravening prescribed minor condition to which poppy cultivation licence is subject\n$315\n30ZW(3)\nLicensed processor contravening prescribed minor condition to which poppy processing licence is subject\n$315\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.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2016\n215\nGazette 1.9.2016 p3632 \n16.9.2016: r 2\n2018\n102\nGazette 21.6.2018 p2256\n1.7.2018: r 2\n2019\n127\nGazette 13.6.2019 p2010\n1.7.2019: r 2\n2020\n161\nGazette 4.6.2020 p3012\n1.7.2020: 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\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nr 14\nsubstituted by 161/2020 r 4\n1.7.2020\nSch 1\nsubstituted by 102/2018 r 4\n1.7.2018\n\nsubstituted by 127/2019 r 4\n1.7.2019\n\ndeleted by 161/2020 r 5\n1.7.2020\nHistorical versions\n1.7.2018\n\n1.7.2019\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of operationalising the poppy cultivation and processing licensing scheme established by the parent Act. The 2020 amendment removed Schedule 1 (which previously contained fee details) and substituted regulation 14 to reference fee notices under the Legislation (Fees) Act 2019, but this was a machinery change to streamline fee-setting rather than an expansion of scope. The regulations continue to address only the specific matters delegated by sections 30D-30ZW of the Controlled Substances Act 1984."},"complexity_factors":["Only 2 defined terms in the interpretation section (poppy cultivation area, poppy cultivation period), plus 'approved' and 'Act'","Straightforward structure with 16 regulations, each addressing a discrete operational matter","Minimal cross-referencing - primarily references back to specific sections of the parent Controlled Substances Act 1984","No nested exceptions or complex conditional logic; conditions are listed in simple bullet-point format","Prescriptive rather than principles-based - specific requirements like 'A3 size or greater' signs and '14 days' timeframes are clearly stated","Schedule 2 is a simple table with only 3 offences and fixed dollar amounts","Legislative history included but does not affect operative provisions"],"plain_english_summary":"These regulations set out the detailed rules for growing and processing opium poppies in South Australia. They apply to licensed poppy growers and processors, as well as their employees.\n\n**What the regulations do:**\n\n*   **Licence applications:** Specify what information growers and processors must provide when applying for or renewing a licence, including full details of all employees.\n*   **Security and safety conditions:** Require growers to lock gates, fence off poppy fields, display warning signs (including \"illegal use of crop may cause death\"), and notify neighbouring landowners before planting. Processors must also secure their premises and display warning signs.\n*   **Crop management:** Require destruction of leftover poppy material within 7 days of harvest, and destruction of any \"volunteer\" poppies growing outside licensed areas before they flower.\n*   **Employee tracking:** Require growers and processors to notify the Chief Executive within 14 days when employees start or finish work, and to issue identification certificates to employees.\n*   **Reporting:** Require processors to report planting details, crop failures, and harvest quantities to the Chief Executive within 28 days of these events.\n*   **Record keeping:** Require both growers and processors to maintain documents and records as specified in their risk management plans.\n*   **Fees and penalties:** Set out annual fee requirements (which can be waived by the Chief Executive) and specify fines of $315 for certain minor offences (like failing to surrender a cancelled licence or breaching specific licence conditions).\n\n**Why it matters:**\n\nOpium poppies are used to produce pharmaceutical drugs like morphine and codeine, but they also contain substances that can be used to manufacture illegal drugs. These regulations aim to prevent theft and diversion of poppy crops into illicit drug markets while ensuring legitimate pharmaceutical production can operate safely. The rules protect public safety by keeping unauthorised people and livestock away from toxic crops, and maintain strict oversight of who handles these controlled substances."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. No content was returned beyond a website error page."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 error","Analysis is impossible without the actual text of the regulations","Complexity score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"These regulations would set the rules for legally cultivating opium poppies in South Australia — who may be licensed, the conditions and restrictions on licensed growers, and penalties for unlicensed cultivation — operating under the Controlled Substances Act framework. They primarily affect farmers and agribusinesses seeking to grow poppies commercially, plus regulators and law enforcement, because they govern supply and compliance for medicinal/industrial opioid production."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have been amended since first made. The legislative history records omission of r 2 (1.7.2018), substitution of r 14 (fees) by 161/2020 (1.7.2020) and substitutions/deletions to the schedule (2018–2020). Those variations indicate targeted changes to fee provisions and schedule content rather than wholesale redrafting of the licensing framework."},"complexity_factors":["Numerous operational prescriptions for licence holders (security, fencing, signage, destruction of plants) — regs 5 and 9.","Multiple, time‑bound employee reporting obligations and required personal data on applications and renewals — regs 4, 7, 8, 11, and reg 5(f)–(g), 9(e)–(f).","Recordkeeping and risk management plan notifications with short timeframes (14 days) — regs 5(h),(j) and 9(g),(k).","Detailed reporting by licensed processors of hectares, failures and harvest quantities within 28 days — reg 9(h).","Administrative discretion for approvals and fee administration, including Chief Executive powers to set dates and waive/reduce fees — reg 3 definition of approved and reg 14(1)–(2).","Enforcement and low‑level monetary remedies (expiation fees and prescribed minor conditions) are prescribed, concentrating compliance incentives — regs 15–16 and Schedule 2.","Access controls for the alkaloid poppy register and limited prescribed classes of users (inspectors and register administrators) — reg 13.","Cross‑references to the principal Act (Controlled Substances Act 1984) increase reliance on external definitions and statutory context — see reg 3 and multiple section citations in the regulations."],"plain_english_summary":"These regulations set detailed licensing, security, record‑keeping, employee identification, reporting and fee rules for cultivation and processing of alkaloid poppies in South Australia. They require growers and processors to implement fencing, signage, destruction of residual plants, employee notifications, and reporting of hectares/harvests; require employee details on licence applications and renewals; allow the Chief Executive to set or waive annual fees; and fix expiation fees for certain breaches. They affect licensed growers, processors, employees, inspectors and administrators."}},"importantCases":[],"_links":{"self":"/api/acts/controlled-substances-poppy-cultivation-regulations-2016","history":"/api/acts/controlled-substances-poppy-cultivation-regulations-2016/history","analysis":"/api/acts/controlled-substances-poppy-cultivation-regulations-2016/analysis","conflicts":"/api/acts/controlled-substances-poppy-cultivation-regulations-2016/conflicts","importantCases":"/api/acts/controlled-substances-poppy-cultivation-regulations-2016/important-cases","documents":"/api/acts/controlled-substances-poppy-cultivation-regulations-2016/documents"}}