{"id":"environmental-protection-packaged-fertiliser-regulations-2010","name":"Environmental Protection (Packaged Fertiliser) Regulations 2010","slug":"environmental-protection-packaged-fertiliser-regulations-2010","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176603,"registerId":"wa-environmental-protection-packaged-fertiliser-regulations-2010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environmental Protection (Packaged Fertiliser) Regulations 2010","content":"![Crest]()Western Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Packaged Fertiliser) Regulations 2010\n\nWestern Australia\n\nEnvironmental Protection (Packaged Fertiliser) Regulations 2010\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Fertilisers 2\n\n5. Percentage by weight 3\n\n6. Application of regulations 3\n\nPart 2 — Content of garden, lawn and all purpose fertilisers\n\n7. Maximum amount of phosphorus in garden fertiliser before 1 January 2013 4\n\n8. Maximum amount of phosphorus in garden fertiliser on and after 1 January 2013 5\n\n9. Maximum amount of phosphorus in lawn fertiliser before 1 January 2013 5\n\n10. Maximum amount of phosphorus in lawn fertiliser on and after 1 January 2013 6\n\n11. Maximum amount of phosphorus in all purpose fertiliser on and after 1 January 2013 7\n\n12. Ratio of nitrogen to phosphorus 7\n\nPart 3 — Labelling requirements\n\n13. Labelling of fertiliser container 8\n\n14. Information on labels 8\n\n15. Printing on labels 8\n\n16. Offences in relation to labelling 9\n\nPart 4 — Miscellaneous\n\n17. Measuring devices for liquid fertiliser and concentrated solid fertiliser 10\n\n18. *Environmental Protection Regulations 1987* amended 10\n\nNotes\n\nCompilation table 12\n\n  \n\nWestern Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Packaged Fertiliser) Regulations 2010\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Environmental Protection (Packaged Fertiliser) Regulations 2010*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) Part 3 and regulation 17 — on 1 January 2013;\n\n(c) the rest of the regulations — on the day after the day on which these regulations are published in the *Gazette*.\n\n##### 3. Terms used\n\nIn these regulations —\n\nall purpose fertiliser means fertiliser packaged in a small use container the label on which indicates that the fertiliser is suitable for all purpose use on lawns and gardens;\n\nconcentrated solid fertiliser includes crystallised, powder or granular fertiliser that, to be correctly applied, needs to be dissolved or mixed in water prior to application;\n\ncontainer includes anything in which fertiliser is packaged;\n\nfertiliser has the meaning given in regulation 4;\n\ngarden fertiliser means fertiliser packaged in a small use container the label on which indicates that the fertiliser is suitable for use on plants, but does not include lawn fertiliser or all purpose fertiliser;\n\nlabel, on a container, includes a tag, leaflet, brand, stamp, mark, stencil or written statement attached to or marked on the container;\n\nlawn fertiliser means fertiliser packaged in a small use container the label on which indicates that the fertiliser is suitable for use on lawns, but does not include all purpose fertiliser;\n\nmanufacture includes prepare, produce or package;\n\npackaged fertiliser means fertiliser packaged in a small use container;\n\nprocessed organic fertiliser includes processed, treated or prepared organic fertiliser such as —\n\n(a) compost; and\n\n(b) blood and bone; and\n\n(c) bone meal; and\n\n(d) bone dust; and\n\n(e) dynamic lifter;\n\nsmall use container means a container that has a capacity of not more than 50 L or a net mass of not more than 50 kg.\n\n##### 4. Fertilisers\n\n(1) A fertiliser is a substance —\n\n(a) containing nitrogen, phosphorus, potassium or any other element required for plant growth or any compound of any of those elements; and\n\n(b) manufactured or sold for the purpose of directly or indirectly —\n\n(i) fertilising the soil; or\n\n(ii) supplying nutrients to plants; or\n\n(iii) conditioning the soil by altering the chemical, physical or biological composition of the soil.\n\n(2) Despite subregulation (1), each of the following substances is not of itself a fertiliser although, if mixed with a fertiliser, the mixture is a fertiliser —\n\n(a) unprocessed animal manure;\n\n(b) unprocessed vegetable matter;\n\n(c) mulch;\n\n(d) unprocessed manufacturer’s waste.\n\n##### 5. Percentage by weight\n\n(1) A reference in these regulations to a percentage by weight of an element in a fertiliser is a reference to the proportion (expressed as a percentage) that the element’s weight bears to the total weight of the fertiliser.\n\n(2) Unless otherwise permitted under these regulations, the total weight of a liquid fertiliser or concentrated solid fertiliser is to be determined by the weight of the fertiliser when diluted, dissolved or mixed in water at the rate recommended on the label of the container of the fertiliser.\n\n##### 6. Application of regulations\n\nThese regulations do not apply in relation to —\n\n(a) fertiliser manufactured for sale, or sold, to a person outside of Western Australia; or\n\n(b) fertiliser manufactured for sale, or sold, to a person who is in the business of manufacturing fertiliser.\n\n## Part 2 — Content of garden, lawn and all purpose fertilisers\n\n##### 7. Maximum amount of phosphorus in garden fertiliser before 1 January 2013\n\n(1) This regulation does not apply to garden fertiliser that is —\n\n(a) controlled release fertiliser; or\n\n(b) processed organic fertiliser.\n\n(2) Before 1 January 2013 the maximum amount of phosphorus in garden fertiliser other than liquid fertiliser or concentrated solid fertiliser must not exceed 2.5% by weight.\n\n(3) Before 1 January 2013 the amount of phosphorus in garden fertiliser that is liquid fertiliser or concentrated solid fertiliser must be 2.5% or less when determined by one of the following methods —\n\n(a) weight by volume;\n\n(b) volume by volume;\n\n(c) weight by weight.\n\n(4) For the purposes of subregulation (3), the total weight of liquid fertiliser or concentrated solid fertiliser is not required to be determined by the weight of the fertiliser when diluted, dissolved or mixed in water at the rate recommended on the label of the container of the fertiliser.\n\n(5) A person must not package fertiliser in a small use container for sale as garden fertiliser unless the fertiliser, when packaged, will comply with subregulation (2) or (3), as the case requires.\n\nPenalty: a fine of $5 000.\n\n(6) A person must not sell garden fertiliser unless the fertiliser complies with subregulation (2) or (3), as the case requires.\n\nPenalty: a fine of $5 000.\n\n(7) Subregulation (6) does not apply to a person who sells garden fertiliser by retail during the period that commences on the date on which this regulation comes into operation and ends 6 months after that commencement.\n\n##### 8. Maximum amount of phosphorus in garden fertiliser on and after 1 January 2013\n\n(1) This regulation applies on and after 1 January 2013.\n\n(2) The maximum amount of phosphorus in garden fertiliser must not exceed 2% by weight.\n\n(3) A person must not package fertiliser in a small use container for sale as garden fertiliser unless the fertiliser, when packaged, will comply with subregulation (2).\n\nPenalty: a fine of $5 000.\n\n(4) A person must not sell garden fertiliser unless the fertiliser complies with subregulation (2).\n\nPenalty: a fine of $5 000.\n\n##### 9. Maximum amount of phosphorus in lawn fertiliser before 1 January 2013\n\n(1) This regulation does not apply to lawn fertiliser that is —\n\n(a) controlled release fertiliser; or\n\n(b) processed organic fertiliser.\n\n(2) Before 1 January 2013 the maximum amount of phosphorus in lawn fertiliser other than liquid fertiliser or concentrated solid fertiliser must not exceed 1% by weight.\n\n(3) Before 1 January 2013 the amount of phosphorus in lawn fertiliser that is liquid fertiliser or concentrated solid fertiliser must be 1% or less when determined by one of the following methods —\n\n(a) weight by volume;\n\n(b) volume by volume;\n\n(c) weight by weight.\n\n(4) For the purposes of subregulation (3), the total weight of a liquid fertiliser or concentrated solid fertiliser is not required to be determined by the weight of the fertiliser when diluted, dissolved or mixed in water at the rate recommended on the label of the container of the fertiliser.\n\n(5) A person must not package fertiliser in a small use container for sale as lawn fertiliser unless, when packaged, the fertiliser will comply with subregulation (2) or (3), as the case requires.\n\nPenalty: a fine of $5 000.\n\n(6) A person must not sell lawn fertiliser unless the fertiliser complies with subregulation (2) or (3), as the case requires.\n\nPenalty: a fine of $5 000.\n\n(7) Subregulation (6) does not apply to a person who sells lawn fertiliser by retail during the period that commences on the date on which this regulation comes into operation and ends 6 months after that commencement.\n\n##### 10. Maximum amount of phosphorus in lawn fertiliser on and after 1 January 2013\n\n(1) This regulation applies on and after 1 January 2013.\n\n(2) The maximum amount of phosphorus in lawn fertiliser must not exceed 1% by weight.\n\n(3) A person must not package fertiliser in a small use container for sale as lawn fertiliser unless, when packaged, the fertiliser will comply with subregulation (2).\n\nPenalty: a fine of $5 000.\n\n(4) A person must not sell lawn fertiliser unless the fertiliser complies with subregulation (2).\n\nPenalty: a fine of $5 000.\n\n##### 11. Maximum amount of phosphorus in all purpose fertiliser on and after 1 January 2013\n\n(1) This regulation applies on and after 1 January 2013.\n\n(2) The maximum amount of phosphorus in all purpose fertiliser must not exceed 1% by weight.\n\n(3) A person must not package fertiliser in a small use container for sale as all purpose fertiliser unless the fertiliser, when packaged, will comply with subregulation (2).\n\nPenalty: a fine of $5 000.\n\n(4) A person must not sell all purpose fertiliser unless the fertiliser complies with subregulation (2).\n\nPenalty: a fine of $5 000.\n\n##### 12. Ratio of nitrogen to phosphorus\n\n(1) This regulation applies on and after 1 January 2013 to fertiliser that contains —\n\n(a) nitrogen; and\n\n(b) more than 0.5% phosphorus by weight.\n\n(2) The ratio of nitrogen to phosphorus in a garden fertiliser, lawn fertiliser or all purpose fertiliser to which this regulation applies must be between 5:1 and 20:1.\n\n(3) A person must not package fertiliser to which this regulation applies in a small use container for sale as garden fertiliser, lawn fertiliser or all purpose fertiliser unless, when packaged, the fertiliser will comply with subregulation (2).\n\nPenalty: a fine of $5 000.\n\n(4) A person must not sell garden fertiliser, lawn fertiliser or all purpose fertiliser to which this regulation applies unless the fertiliser complies with subregulation (2).\n\nPenalty: a fine of $5 000.\n\n## Part 3 — Labelling requirements\n\n##### 13. Labelling of fertiliser container\n\n(1) A small use container of fertiliser must be labelled in accordance with this Part.\n\n(2) The label on a small use container of fertiliser must be —\n\n(a) on the outside face of the container or attached to the outside of the container; and\n\n(b) easily readable without opening the container.\n\n##### 14. Information on labels\n\n(1) The label on a small use container of fertiliser must state the following —\n\n(a) in the case of a fertiliser that contains phosphorus — the concentration of phosphorus in the fertiliser as a percentage by weight of the total weight of the fertiliser (%wt/wt);\n\n(b) in the case of a fertiliser to which regulation 12 applies — the ratio of nitrogen to phosphorus in the fertiliser;\n\n(c) in the case of a liquid fertiliser or concentrated solid fertiliser — the rate recommended by the manufacturer at which the fertiliser should be diluted, dissolved or mixed in water;\n\n(d) the application method and use of the fertiliser recommended by the manufacturer.\n\n(2) The information on the label of a small use container of fertiliser must be in English but may be repeated in another language.\n\n##### 15. Printing on labels\n\n(1) The printing on a label on a small use container of fertiliser must be —\n\n(a) legible; and\n\n(b) indelible; and\n\n(c) in a colour that affords a distinct contrast to the background colour.\n\n(2) The size of characters on the label must be proportional to the size of the label but must be at least 2 millimetres high.\n\n##### 16. Offences in relation to labelling\n\n(1) A person must not package fertiliser in a small use container unless the container is labelled in accordance with this Part.\n\nPenalty: a fine of $5 000.\n\n(2) A person must not sell fertiliser in a small use container unless the container is labelled in accordance with this Part.\n\nPenalty: a fine of $5 000.\n\n## Part 4 — Miscellaneous\n\n##### 17. Measuring devices for liquid fertiliser and concentrated solid fertiliser\n\n(1) In this regulation —\n\nmeasuring device means a device suitable for measuring fertiliser to assist in its application in accordance with the information on the label of the fertiliser container.\n\n(2) A small use container of liquid fertiliser or concentrated solid fertiliser must include a measuring device.\n\n(3) The measuring device may be a part of, or attached to, the container.\n\n(4) A person must not package liquid fertiliser or concentrated solid fertiliser in a small use container for sale unless a measuring device is included in accordance with this regulation.\n\nPenalty: a fine of $5 000.\n\n(5) A person must not sell liquid fertiliser or concentrated solid fertiliser in a small use container unless a measuring device is included in accordance with this regulation.\n\nPenalty: a fine of $5 000.\n\n##### 18. *Environmental Protection Regulations 1987* amended\n\n(1) This regulation amends the *Environmental Protection Regulations 1987*.\n\n(2) At the end of Schedule 6 insert:\n\n| *Environmental Protection (Packaged Fertiliser) Regulations 2010* |  |  |\n| --- | --- | --- |\n| 1. regulation 7(5) | 250 | 500 |\n| 2. regulation 7(6) | 250 | 500 |\n| 3. regulation 8(3) | 250 | 500 |\n| 4. regulation 8(4) | 250 | 500 |\n| 5. regulation 9(5) | 250 | 500 |\n| 6. regulation 9(6) | 250 | 500 |\n| 7. regulation 10(3) | 250 | 500 |\n| 8. regulation 10(4) | 250 | 500 |\n| 9. regulation 11(3) | 250 | 500 |\n| 10. regulation 11(4) | 250 | 500 |\n| 11. regulation 12(3) | 250 | 500 |\n| 12. regulation 12(4) | 250 | 500 |\n| 13. regulation 16(1) | 250 | 500 |\n| 14. regulation 16(2) | 250 | 500 |\n| 15. regulation 17(4) | 250 | 500 |\n| 16. regulation 17(5) | 250 | 500 |\n\n\nNotes\n\n1 This is a compilation of the *Environmental Protection (Packaged Fertiliser) Regulations 2010*. The following table contains information about those regulations.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Environmental Protection (Packaged Fertiliser) Regulations 2010* | 31 Dec 2010 p. 6869‑84 | r. 1 and 2: 31 Dec 2010 (see r. 2(a));   Regulations other than r. 1 and 2, Pt. 3 and r. 17: 1 Jan 2011 (see r. 2(c));   Pt. 3 and r. 17: 1 Jan 2013 (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\nall purpose fertiliser 3\n\nconcentrated solid fertiliser 3\n\ncontainer 3\n\nfertiliser 3\n\ngarden fertiliser 3\n\nlabel 3\n\nlawn fertiliser 3\n\nmanufacture 3\n\nmeasuring device 17(1)\n\npackaged fertiliser 3\n\nprocessed organic fertiliser 3\n\nsmall use container 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"These regulations create a targeted regulatory regime for packaged fertilisers in small‑use containers in Western Australia (see definitions in regulation 3 and application limits in regulation 6). They impose specific content limits (regs 7–11), a conditional N:P ratio requirement (reg 12), labelling and print standards (regs 13–15), mandatory measuring devices for liquids/concentrates (reg 17) and amend the Environmental Protection Regulations 1987 to set infringement amounts (reg 18). The regime excludes sales to persons outside WA and to persons in the business of manufacturing fertiliser (regulation 6), narrowing the law’s practical commercial scope."},"complexity_factors":["Staged commencement dates creating transitional obligations (regulation 2): Parts come into force on different dates (some from 1 Jan 2011, labelling and measuring device rules from 1 Jan 2013).","Multiple product categories with distinct limits (regulations 7–11): garden, lawn and all‑purpose fertilisers have different phosphorus caps and timing, increasing classification and compliance work.","Different treatment of liquid and concentrated solid fertilisers (regulations 5(2), 7(3)–(4), 9(3)–(4)): percentage-by-weight calculations may use dilution rates or alternative measures (weight/volume variants) and an explicit exception to the dilution rule in some earlier provisions.","Conditional N:P ratio obligation (regulation 12): the 5:1–20:1 ratio applies only where fertiliser contains nitrogen and >0.5% phosphorus, creating a thresholded, compound compliance test.","Exemptions narrow applicability (regulations 7(1), 9(1), 3): controlled release and processed organic fertilisers are excluded from some limits; 'small use container' definition (≤50 L or ≤50 kg) restricts scope to retail‑size packaging.","Detailed labelling and print standards (regulations 13–15): mandatory on‑container information (P %wt/wt, N:P where applicable, dilution rates, application method), English language requirement, minimum type size and legibility rules raise design and production requirements.","Mandatory measuring devices for liquids/concentrates (regulation 17): packagers must include a suitable device (may be attached), adding packaging design and cost implications.","Penalties and administrative links (multiple regs): each prohibition carries a specified fine (commonly $5,000) and regulation 18 inserts infringement amounts into the Environmental Protection Regulations 1987, linking enforcement and penalty administration."],"plain_english_summary":"These regulations limit phosphorus and set nitrogen:phosphorus ratio rules for packaged garden, lawn and all‑purpose fertilisers sold in small‑use containers in Western Australia, and require labels stating phosphorus content, N:P ratio, application rates and measuring devices for liquids/concentrates. They apply to packagers and retailers (excluding sales to buyers outside WA or to fertiliser manufacturers) and carry fines for non‑compliance. The rules change what products may be packaged or sold and create labelling and measurement compliance costs for producers and retailers."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope focused on phosphorus content limits and labelling for small-package fertilisers. The staged implementation (2011 vs 2013 commencement dates) and penalty amendments represent standard regulatory implementation rather than scope creep."},"complexity_factors":["Staged commencement dates with different rules applying before and after 1 January 2013, creating parallel regulatory frameworks for the same products","Multiple product categories with slightly different definitions (garden fertiliser, lawn fertiliser, all-purpose fertiliser) that overlap and exclude each other","Different calculation methods for phosphorus content depending on whether fertiliser is liquid, concentrated solid, or standard solid (weight by volume vs weight by weight)","Specific exemptions for controlled release fertilisers and processed organic fertilisers that must be tracked across multiple regulations","Nested conditional logic: regulation 12 only applies to fertilisers containing nitrogen AND more than 0.5% phosphorus, creating a subset of regulated products within already regulated categories","Cross-reference amendment table in regulation 18 linking penalty units to the Environmental Protection Regulations 1987"],"plain_english_summary":"These regulations set rules for fertiliser sold in small packages in Western Australia to protect waterways from phosphorus pollution.\n\n**What it does:**\n- **Limits phosphorus content** in garden, lawn, and all-purpose fertilisers sold in containers of 50kg/L or less. Phosphorus runoff causes algal blooms that damage rivers and wetlands.\n- **Sets different limits based on date and fertiliser type:**\n  - **Garden fertiliser:** Maximum 2.5% phosphorus before 2013, then 2% from 2013 onwards\n  - **Lawn fertiliser:** Maximum 1% phosphorus (both before and after 2013)\n  - **All-purpose fertiliser:** Maximum 1% phosphorus from 2013 onwards\n- **Requires specific nitrogen-to-phosphorus ratios** (between 5:1 and 20:1) for fertilisers containing more than 0.5% phosphorus, from 2013 onwards\n- **Mandates clear labelling** showing phosphorus content, nitrogen-to-phosphorus ratios, dilution instructions for liquid/concentrated products, and application methods\n- **Requires measuring devices** in containers of liquid or concentrated solid fertiliser to ensure proper dilution\n\n**Who it affects:**\n- Manufacturers and packagers of fertiliser sold in Western Australia\n- Retailers selling packaged fertiliser to home gardeners and lawn owners\n- **Exemptions:** Bulk sales to other fertiliser manufacturers, sales outside WA, controlled-release fertilisers, and processed organic fertilisers (like compost and blood and bone)\n\n**Why it matters:**\nExcess phosphorus from home gardens washes into waterways, causing toxic algal blooms that kill fish and make water unsafe. These rules reduce phosphorus pollution by limiting what's in consumer products and ensuring people use fertiliser correctly through proper labelling and measuring tools."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content was unavailable. No comparison between original intent and current provisions is possible from the retrieved data."},"complexity_factors":["No legislative content was retrievable — the source page returned a 'no longer available' error","Analysis is based solely on the title and metadata, not actual legislative text","Cannot assess true complexity without access to the substantive provisions","Complexity score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"## Environmental Protection (Packaged Fertiliser) Regulations 2010 (WA)\n\n**The content of this legislation could not be retrieved.** The page hosting these Western Australian regulations is no longer available due to system upgrades on the WA legislation website.\n\n### What we can infer from the title:\n- These are **Western Australian regulations** (subordinate rules made under a parent Act, likely the *Environmental Protection Act 1986* (WA))\n- They concern **packaged fertiliser products** sold or distributed in WA\n- They likely set rules around **labelling, composition, or environmental safety standards** for fertilisers sold in packaging\n- They would affect **manufacturers, retailers, distributors, and potentially consumers** of packaged fertiliser products in WA\n\n### What you should do:\nTo find the current, accurate text of these regulations, visit the [WA Legislation website](https://www.legislation.wa.gov.au) directly and search for \"Environmental Protection (Packaged Fertiliser) Regulations 2010\"."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-protection-packaged-fertiliser-regulations-2010","history":"/api/acts/environmental-protection-packaged-fertiliser-regulations-2010/history","analysis":"/api/acts/environmental-protection-packaged-fertiliser-regulations-2010/analysis","conflicts":"/api/acts/environmental-protection-packaged-fertiliser-regulations-2010/conflicts","importantCases":"/api/acts/environmental-protection-packaged-fertiliser-regulations-2010/important-cases","documents":"/api/acts/environmental-protection-packaged-fertiliser-regulations-2010/documents"}}