31Notification to neighbours of agricultural spraying

31 Notification to neighbours of agricultural spraying

(1)  A person who has for at least 12 months owned or occupied premises in the vicinity of premises on which agricultural spraying is carried out or likely to be carried out –

(a) with a prescribed agricultural chemical product or class of agricultural chemical product; and

(b) within a prescribed distance from the boundary of the premises owned or occupied by the person; and

(c) in a prescribed manner –

may apply to the Secretary for a direction to be given by the Secretary to the owner or occupier of the premises on which the agricultural spraying is carried out or likely to be carried out requiring that owner or occupier to give notice to the applicant whenever agricultural spraying is to be carried out and of the name of the agricultural chemical product or class of agricultural chemical product to be used.

(2)  A person who has for at least 12 months occupied as a tenant a dwelling on any premises on which agricultural spraying is carried out or likely to be carried out –

(a) with a prescribed agricultural chemical product or class of agricultural chemical product; and

(b) within a prescribed distance from the dwelling –

may apply to the Secretary for a direction to be given by the Secretary to the owner or occupier of the premises requiring the owner or occupier to give notice to the tenant whenever agricultural spraying is to be carried out and the name of the agricultural chemical product or class of agricultural chemical product to be used.

(3)  If the Secretary is satisfied, on receipt of an application under subsection (1) or (2) , that conditions exist entitling a person to apply to the Secretary for a direction, the Secretary must, on payment of the prescribed fee, give a direction to the owner or occupier of the relevant premises.

(4)  The direction referred to in subsection (3) is to specify the time, determined by the Secretary, which must elapse between the giving of the notice and the carrying out of the agricultural spraying.

(5)  In determining the time which must elapse between the giving of the notice and the carrying out of the agricultural spraying, the Secretary must have regard to seasonal conditions, weather conditions, crop and pest development, availability of equipment and such other factors as the Secretary considers to be relevant.