5Regulation of handling and disposal of chemical product

5 Regulation of handling and disposal of chemical product

(1)  In this clause –

body of water means any lake, pond, dam, river, watercourse and other body of water;

injurious presence means the presence of a chemical product in a body of water to such an extent that –

(a) it is or may be injurious to any person, animal or plant using or coming into contact with that body of water or water obtained from that body of water; or

(b) it will or may cause the presence of a residue in food for humans or animals produced –

(i) by using water obtained from that body of water; or

(ii) from an animal or plant that has come into contact with that body of water or water obtained from that body of water.

(2)  A person who handles or disposes of a chemical product must ensure that the handling or disposal of the chemical product does not cause the chemical product to be an injurious presence in any body of water.

Penalty:  Fine not exceeding 50 penalty units.

(3)  Subclause (2) does not apply where the chemical product is handled solely for the purpose of preventing, controlling or minimising the spread in, or the eradication from, a body of water of a plant, animal or other organism growing or living in the body of water if –

(a) that purpose of preventing, controlling or minimising the spread of, or eradicating, the plant, animal or organism could not reasonably be effected by some other means that would not cause that chemical product to be an injurious presence in that body of water; and

(b) that handling is done in a manner that avoids, as far as is practicable, that chemical product being an injurious presence in another body of water.

(4)  Subclause (2) does not apply if the handling or disposal is done in accordance with a permit in force under the Act.