AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2005 (Northern Territory)

These Regulations set out operational controls, licensing and record-keeping rules for the possession, supply and use of agricultural and veterinary chemical products, fertilisers and residues in agricultural produce in the Northern Territory. The Chemicals Coordinator is given multiple administrative powers: to approve testing methods and training courses by Gazette notice (reg 4-5), to declare products “prescribed” for handling or training requirements (r 8), and to authorise persons to possess and use restricted chemical products (r 16, Sch 2) or to issue S7 authorisations (Pt 4, rr 17-18). The Regulations also create sector-specific licensing and preconditions for spraying operations (Pt 5), labelling and compositional rules for fertilisers (Pt 6-7, Sch 1), and residue standards that reference the APVMA MRL Standard (Pt 8, rr 35-38). They establish an infringement notice framework for specified offences (Pt 9, Sch 3) and include administrative publication and review provisions (r 46; rr 16B(3), 18(5)).

Mechanically, the instrument requires:

aerial spray equipment to have individual leak-proof cut-off valves for each nozzle, and for smoke devices or a visible windsock to be used during aerial application (r 7(1)-(2));
persons to complete an approved training course to possess or use designated prescribed products, unless authorised by an appropriate licence (r 9);
detailed records of agricultural chemical or veterinary chemical use to be created, signed and retained for two years (rr 11-15, 13(2), 14);
restricted chemical product authorisations and S7 authorisations to be applied for on approved forms and to be issued subject to competency, genuine need, and risk considerations (rr 16A-16B, 17-18);
ground spray and aerial spray licensing preconditions, and particular documentary proof for pilots and aerial business applicants (rr 19-21);

NORTHERN TERRITORY OF AUSTRALIA AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2005 As in force at 16 December 2021 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Approved testing methods ............................................................... 2 5 Approved training courses ............................................................... 3 Part 2 Possession, use and supply of chemical products generally Division 1 Aerial spraying equipment 7 Aerial spraying equipment ............................................................... 3 Division 2 Possession, use and supply of certain agricultural chemical products 8 Prescribed products......................................................................... 3 9 Possession and use of prescribed product ...................................... 4 10 Supply of prescribed products to persons who are not authorised ........................................................................................ 4 Division 3 Recording use of chemical products 11 Information about use of agricultural chemical products.................. 4 12 Ground spray applicator or pilot must record information ................ 5 13 Record of use of agricultural chemical products to be kept ............. 6 14 Records about use of veterinary chemical products by non- veterinarians to be kept ................................................................... 7 15 Records to be signed and dated ...................................................... 7 Part 3 Possession and use of restricted chemical products 16 Persons authorised to have possession of and use restricted chemical products............................................................................ 7 16A Application for authorisation ............................................................ 8 16B Issue of restricted chemical product authorisation ........................... 8

Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 ii Part 4 Possession and use of S7 chemical products (S7 authorisations) 17 Application for authorisation ............................................................ 8 18 Issue of S7 authorisation ................................................................. 8 Part 5 Licensing requirements for ground and aerial spraying Division 1 Ground spraying 19 Classes of ground spray applicator's licence ................................... 9 Division 2 Aerial spraying 20 Application for aerial spraying business licence ............................ 10 21 Application for pilot (chemical rating) licence ................................. 10 Part 6 Manufacture, sale and use of fertilisers Division 1 Application and interpretation 22 Fertilisers to which this Part applies .............................................. 10 23 Substances exempt from application of this Part ........................... 11 24 Neutralising value of lime............................................................... 11 Division 2 Labelling of fertilisers by manufacturers and sellers 25 Offence .......................................................................................... 12 26 Containers to be labelled ............................................................... 12 27 Information on labels ..................................................................... 12 28 Attaching labels to containers ........................................................ 13 29 Printing on labels and delivery dockets ......................................... 13 30 Labels and delivery dockets to be in English ................................. 13 31 Other requirements for delivery dockets for bulk fertiliser or custom fertiliser mix ....................................................................... 13 32 Additional information: phosphatic fertiliser ................................... 14 Part 7 Harmful ingredients in fertilisers 33 Harmful ingredients ....................................................................... 14 34 Maximum amounts of harmful ingredients in fertilisers .................. 14 Part 8 Standards for agricultural produce 35 Chemical residues in agricultural produce ..................................... 15 36 Maximum residue limits ................................................................. 16 37 Exceeding maximum residue limits ............................................... 16

Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 iii 38 Requirements for working out chemical residues .......................... 16 Part 9 Infringement notices 39 When infringement notice may be served ..................................... 17 40 Prescribed amount ........................................................................ 17 41 Contents of infringement notice ..................................................... 17 42 Expiation of offence ....................................................................... 19 43 Withdrawal of infringement notice.................................................. 19 44 How service effected ..................................................................... 19 45 Additional matters .......................................................................... 19 Part 10 Administrative matters 46 Information published in the Gazette ............................................. 20 Schedule 1 Minimum percentage contents of elements in fertilisers Schedule 2 Persons authorised to have possession of and use restricted chemical product Schedule 3 Infringement notices prescribed offences and amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 16 December 2021

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2005 Regulations under the Agricultural and Veterinary Chemicals (Control of Use) Act 2004 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005. 2 Commencement (1) Regulation 6 comes into operation on the date fixed by the Minister by notice in the Gazette. (2) The remaining provisions of these Regulations come into operation on the day on which these Regulations are notified in the Gazette. 3 Definitions In these Regulations, unless the contrary intention appears: AOAC means the Association of the Official Analytical Chemists. APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth). approved testing method has the meaning in regulation 4. approved training course has the meaning in regulation 5. chemical residue, in agricultural produce, has the meaning in regulation 35. element means boron, calcium, cobalt, copper, iron, magnesium, manganese, molybdenum, nitrogen, phosphorus, potassium, selenium, sulfur or zinc.

Part 1 Preliminary matters Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 2 harmful ingredient, in a fertiliser, has the meaning in regulation 33. lime means agricultural lime that: (a) consists mainly of a combination of calcium and magnesium carbonates; and (b) has an effective neutralising value of at least 50%. minimum percentage content, of an element specified in Schedule 1, column 1 that is in a fertiliser, means: (a) if it is a solid fertiliser – the percentage content specified opposite in Schedule 1, column 2; or (b) if it is a liquid fertiliser – the percentage content specified opposite in Schedule 1, column 3. MRL Standard means the MRL Standard published by or on behalf of the APVMA, as amended from time to time. neutralising value, of lime, has the meaning in regulation 24. percentage content, of a solid that is in a substance, means: (a) if the solid is in a solid substance – the proportion (expressed as a percentage) that the solid's weight bears to the total weight of the substance; or (b) if the solid in a liquid substance – the proportion (expressed as a percentage) that the solid's weight bears to the total volume of the substance. phosphatic fertiliser means a fertiliser that contains phosphorus in a percentage content greater than 2%. S7 authorisation means an authorisation under Part 4 to have possession of and use an S7 chemical product. 4 Approved testing methods An approved testing method for testing a substance is: (a) a method for testing the substance approved by the Chemicals Coordinator by notice in the Gazette; or (b) if there is no method approved by the Chemicals Coordinator – the method for testing the substance most recently published by the AOAC.

Part 2 Possession, use and supply of chemical products generally Division 2 Possession, use and supply of certain agricultural chemical products Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 3 5 Approved training courses An approved training course for handling a substance is a course for handling the substance approved by the Chemicals Coordinator by notice in the Gazette. Part 2 Possession, use and supply of chemical products generally Division 1 Aerial spraying equipment 7 Aerial spraying equipment (1) A person must not use aerial spraying equipment unless each of the individual spray nozzles used in the equipment is fitted with an operating leak proof cut off valve. Maximum penalty: 50 penalty units. (2) A person must not carry out aerial spraying unless one or more of the following applies: (a) a smoke generating device is operated at ground level at or near the point at which the agricultural chemical product is applied immediately before, and at all times during, the application; (b) the aircraft is fitted with a smoke generating device that is operated immediately before, and at all times during, the application of the agricultural chemical product; (c) a windsock that is clearly visible to the pilot of the aircraft is operating at ground level at or near the point at which the agricultural chemical product is applied. Maximum penalty: 50 penalty units. Division 2 Possession, use and supply of certain agricultural chemical products 8 Prescribed products The Chemicals Coordinator may, by Gazette notice, declare a product to be a prescribed product for this Division.

Part 2 Possession, use and supply of chemical products generally Division 3 Recording use of chemical products Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 4 9 Possession and use of prescribed product A person must not have possession of or use a prescribed product unless: (a) the person has successfully completed an approved training course for handling the product; or (b) the person is authorised to use the product under a ground spray applicator's licence or a pilot (chemical rating) licence and uses the product in accordance with the licence. Maximum penalty: 30 penalty units. 10 Supply of prescribed products to persons who are not authorised A person must not, without reasonable excuse, supply a prescribed product to a person who is not authorised under these Regulations to have possession of or use the product. Maximum penalty: 30 penalty units Division 3 Recording use of chemical products 11 Information about use of agricultural chemical products The information required to be kept under section 72 of the Act, or recorded under regulation 12 or 13, about the use of agricultural chemical products is the following: (a) the name and address of the person who used the product; (b) if the product is used in a ground spraying business or an aerial spraying business – the names and addresses of the business, the licensee of the business and the client on whose behalf the product was used; (c) the full name and APVMA registration number of the product; (d) the rate at which the product was applied or the amount of product applied; (e) the method of application; (f) if the method of application was aerial spraying: (i) the name and address of the pilot who flew the aircraft used to apply the product;

Part 2 Possession, use and supply of chemical products generally Division 3 Recording use of chemical products Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 5 (ii) the type of aircraft used and the registration mark of that aircraft; and (iii) a description of the manner in which the product was applied and the equipment used to apply it; (g) if applicable – the expiry date of the product; (h) the date and time the product was used, including the times at which the use started and finished if applicable; (i) the address or location of the land on which the product was used, including sufficient information to identify the particular paddock or the particular part of a paddock, and the size of the area, on which the product was used; (j) the type of crop, pasture or other plants in the area where the product was used; (k) the weather conditions in the area at the time of use, including temperature and wind direction and speed, and any changes in wind direction or speed during the time of use; (l) the name of the pest intended to be controlled or eradicated by the use; (m) the withholding period; (n) details of the permit or authorisation authorising the use; (o) the additional information required under that permit or authorisation to be recorded. 12 Ground spray applicator or pilot must record information A person who carries out spraying on behalf of a ground spraying business licensee or an aerial spraying business licensee must, as soon as practicable after carrying out the spraying: (a) record the information prescribed by regulation 11 in respect of that spraying; and (b) give the record to the licensee. Maximum penalty: 50 penalty units.

Part 2 Possession, use and supply of chemical products generally Division 3 Recording use of chemical products Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 6 13 Record of use of agricultural chemical products to be kept (1) This regulation applies to a person who uses an agricultural chemical product in any of the following ways: (a) in the course of a business (other than a ground spraying business or an aerial spraying business) involving the use of agricultural chemical products; (b) in the course of carrying out pest control operations on behalf of a public authority; (c) to treat turf on a sporting ground or other recreational area; (d) to treat by means of spray equipment a horticultural crop that has not been harvested; (e) to treat by any means whatsoever a horticultural crop that has been harvested; (f) to treat a crop or pasture other than a horticultural crop, or to treat trees in a plantation, by means of powered spray equipment; (g) to treat stored grain or stockfood; (h) for any other purpose by means of ground driven powered spray equipment. (2) A person who uses an agricultural chemical product must keep for 2 years after the use a record of the information prescribed by regulation 11. Maximum penalty: 50 penalty units. (3) In this regulation: ground driven powered spray equipment means powered spray equipment that is mounted on or attached to a vehicle. horticultural crop means fruit, vegetables, flowers, nuts, herbs or spices intended for sale. powered spray equipment means spray equipment that is powered other than by human energy. public authority means: (a) the Territory; or (b) a statutory corporation; or

Part 3 Possession and use of restricted chemical products Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 7 (c) a local government council. spray equipment means a machine or other equipment used to spray a chemical product through the air. 14 Records about use of veterinary chemical products by non-veterinarians to be kept If a person who is not a veterinarian uses a registered veterinary chemical product to treat an animal of a food-producing species, the person must keep for 2 years after the use a record of the following: (a) the name of the product or the chemical name or common name of the active constituent of the product; (b) the dates and times the product is administered; (c) the amount of the dose administered; (d) the route by which the dose is administered; (e) the withholding period; (f) the means by which the animal can be identified. Maximum penalty: 50 penalty units. 15 Records to be signed and dated A person who is required to keep a record under section 72 of the Act or under this Division must sign and date the record on the day on which the record is made. Maximum penalty: 50 penalty units. Part 3 Possession and use of restricted chemical products 16 Persons authorised to have possession of and use restricted chemical products For section 48(5) of the Act: (a) a person specified in Schedule 2 is authorised to have possession of and use the restricted chemical product specified opposite in Schedule 2; and (b) the Chemicals Coordinator may authorise a person to have possession of and use a restricted chemical product.

Part 4 Possession and use of S7 chemical products (S7 authorisations) Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 8 16A Application for authorisation An application for a restricted chemical product authorisation must be in the approved form. 16B Issue of restricted chemical product authorisation (1) The Chemicals Coordinator may issue a restricted chemical product authorisation that authorises the possession and use of a particular restricted chemical product if satisfied that the applicant: (a) has a genuine and sufficient reason for having possession of and using the restricted chemical product; and (b) is competent to handle the restricted chemical product. (2) A restricted chemical product authorisation is subject to the conditions specified in the authorisation. (3) A decision under this regulation to issue, or refuse to issue, a restricted chemical product authorisation is a reviewable decision and the applicant for the authorisation is the affected person for the decision. Part 4 Possession and use of S7 chemical products (S7 authorisations) 17 Application for authorisation An application for an S7 authorisation must be in the approved form. 18 Issue of S7 authorisation (1) The Chemicals Coordinator may issue an S7 authorisation that authorises the possession and use of a particular S7 chemical product if satisfied that the applicant: (a) has a genuine and sufficient reason for having possession of and using the S7 chemical product; and (b) is competent to handle the S7 chemical product. (2) An S7 authorisation is subject to the conditions specified in the authorisation.

Part 5 Licensing requirements for ground and aerial spraying Division 1 Ground spraying Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 9 (3) The Chemicals Coordinator may refuse to issue an S7 authorisation if the applicant has, within the 3 years immediately before the date of the application, been found guilty of: (a) an offence against the Act or these Regulations; or (b) an offence relating to the misuse of chemicals under another law of the Territory or a law of the Commonwealth, a State or another Territory. (4) The Chemicals Coordinator must not issue an S7 authorisation in respect of a particular S7 chemical product if satisfied that the applicant's possession or use of the product would pose an unacceptable risk to: (a) the health or safety of persons; (b) the environment; or (c) domestic or export trade in agricultural produce. (5) A decision under this regulation to issue, or refuse to issue, an S7 authorisation is a reviewable decision and the applicant for the authorisation is the affected person for the decision. Part 5 Licensing requirements for ground and aerial spraying Division 1 Ground spraying 19 Classes of ground spray applicator's licence (1) The Chemicals Coordinator may grant an unrestricted or a restricted ground spray applicator's licence. (2) An unrestricted ground spray applicator's licence authorises the carrying out of all classes of ground spraying. (3) A restricted ground spray applicator's licence authorises the carrying out of the class of ground spraying specified in the licence.

Part 6 Manufacture, sale and use of fertilisers Division 1 Application and interpretation Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 10 Division 2 Aerial spraying 20 Application for aerial spraying business licence An application for an aerial spraying business licence must be accompanied by evidence that the applicant holds an Air Operator's Certificate under the Civil Aviation Act 1988 (Cth) authorising the applicant to conduct aerial agricultural operations. 21 Application for pilot (chemical rating) licence (1) An application for a pilot (chemical rating) licence must be accompanied by the following: (a) evidence that the applicant holds a commercial or senior commercial pilot's licence under the Civil Aviation Act 1988 (Cth) that is endorsed with an agricultural rating; (b) details of any applications for an equivalent interstate licence made by the applicant at any time, including the outcomes of those applications; (c) details of any equivalent interstate licences held by the applicant at any time, including details of any cancellations or suspensions; (d) the conditions to which the applicant proposes that the licence should be subject; (e) evidence that the applicant holds a Spraysafe Certificate issued by the Aerial Agricultural Association of Australia. (2) In subregulation (1): equivalent interstate licence, in relation to a licence under Part 5, Division 2 of the Act, means a licence or other authorisation granted or issued under a law of a State or another Territory of the Commonwealth that is equivalent to the licence under that Division. Part 6 Manufacture, sale and use of fertilisers Division 1 Application and interpretation 22 Fertilisers to which this Part applies (1) This Part applies in relation to a fertiliser that: (a) contains at least one element in at least its minimum percentage content;

Part 6 Manufacture, sale and use of fertilisers Division 1 Application and interpretation Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 11 (b) is manufactured, or is sold, for conditioning, altering the acidity of or fertilising soil or for supplying nutrients to plants; and (c) is manufactured for sale, or is sold, in containers of 25 kilograms or more or as bulk supplies. (2) The substances to which this Part applies include gypsum, lime and soil conditioner. (3) In subregulation (2): soil conditioner means a substance for improving soil structure by enhancing soil aggregation and permeability to air and water and by reducing crusting of dry soil. 23 Substances exempt from application of this Part (1) This Part does not apply to any of the following substances unless the manufacturer or seller of the substance claims that it is a fertiliser: (a) composted or unprocessed animal manure; (b) material attached to, or supplying nutrients to, seed; (c) peat or peat moss; (d) pelletised or mixed animal manure, whether mixed with vegetable matter or not; (e) planting unit mixture; (f) potting mixture; (g) unprocessed biological manufacturer's waste. (2) In subregulation (1): claim includes a representation that the percentage content of an element in a substance is at least equal to the element's minimum percentage content. 24 Neutralising value of lime The neutralising value of lime is the ability of lime to neutralise acidity compared with the ability of pure calcium carbonate to neutralise acidity and must be worked out using AOAC official method 955.01.

Part 6 Manufacture, sale and use of fertilisers Division 2 Labelling of fertilisers by manufacturers and sellers Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 12 Division 2 Labelling of fertilisers by manufacturers and sellers 25 Offence (1) A person who manufactures fertiliser for sale in the Territory must comply with the requirements of this Part in relation to the fertiliser. Maximum penalty: 30 penalty units. (2) A person who sells fertiliser in the Territory must comply with the requirements of this Part in relation to the fertiliser. Maximum penalty: 30 penalty units. (3) A person does not contravene this regulation if the fertiliser is manufactured for sale, or is sold, to another person who is in the business of manufacturing fertiliser. 26 Containers to be labelled A container of fertiliser must be labelled. 27 Information on labels (1) The label of a container of fertiliser (including a custom fertiliser mixture) must include the following information: (a) the fertiliser's distinguishing name; (b) the name and principal place of business of its manufacturer or seller; (c) in respect of each element that is in the fertiliser in at least its minimum percentage content: (i) the element's name; (ii) the percentage content of the element in the fertiliser; and (iii) each form of the element that is in the fertiliser; (d) the additional information specified in regulation 32 if applicable. (2) In subregulation (1): distinguishing name, of a fertiliser, means the name that identifies the fertiliser from another fertiliser.

Part 6 Manufacture, sale and use of fertilisers Division 2 Labelling of fertilisers by manufacturers and sellers Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 13 principal place of business means: (a) for a fertiliser manufacturer – the manufacturer's principal place of business in Australia; or (b) for a fertiliser seller – the seller's principal place of business in the Territory or, if the seller does not have a principal place of business in the Territory, the seller's principal place of business in Australia. 28 Attaching labels to containers (1) The label of a container of fertiliser must be printed or stencilled on, or securely attached to, the outside of the container. (2) If it is not possible to comply with subregulation (1) because the fertiliser is a bulk fertiliser or a custom fertiliser mix, the label must be attached to the delivery docket for the fertiliser. 29 Printing on labels and delivery dockets The printing on a label of a container of fertiliser or the delivery docket for fertiliser must be: (a) legible; (b) indelible; and (c) in a colour that affords a distinct contrast to the background colour. 30 Labels and delivery dockets to be in English The information on the label of a container of fertiliser or the delivery docket for fertiliser must be in English and may also be in another language. 31 Other requirements for delivery dockets for bulk fertiliser or custom fertiliser mix The delivery docket for a bulk fertiliser or a custom fertiliser mix: (a) must be handed to the purchaser, or a person authorised by the purchaser, at the time of delivery; or (b) if neither the purchaser nor a person authorised by the purchaser is present at the time of delivery – must be left in a conspicuous place on the purchaser's premises and a copy of the docket must be posted to the purchaser within 7 days after the delivery.

Part 7 Harmful ingredients in fertilisers Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 14 32 Additional information: phosphatic fertiliser (1) The label on a container of phosphatic fertiliser must include a warning that the fertiliser must not be fed to stock if it contains more than: (a) 40 grams of fluorine per kilogram of phosphorus; or (b) 100 milligrams of cadmium per kilogram of phosphorus. (2) In subregulation (1): stock means vertebrate animals, bees, crustaceans or molluscs. Part 7 Harmful ingredients in fertilisers 33 Harmful ingredients The following are harmful ingredients in fertilisers: (a) cadmium; (b) lead; (c) mercury. 34 Maximum amounts of harmful ingredients in fertilisers (1) The maximum amount of cadmium a fertiliser may contain is: (a) if it is phosphatic fertiliser – 300 milligrams per kilogram of phosphorus; (b) if it is nonphosphatic fertiliser other than trace element fertiliser – 10 milligrams per kilogram of total product; or (c) if it is a trace element fertiliser – 50 milligrams per kilogram of total product. (2) The maximum amount of lead a fertiliser may contain is: (a) if it is a fertiliser other than lime or gypsum, a fertiliser containing at least 25% organic matter, a fertiliser with added zinc for soil or a trace element fertiliser – 100 milligrams per kilogram of total product; (b) if it is lime or gypsum – 30 milligrams per kilogram of total product;

Part 8 Standards for agricultural produce Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 15 (c) if it is a fertiliser containing at least 25% organic matter – 300 milligrams per kilogram of total product; (d) if it is a fertiliser with added zinc for soil – 500 milligrams per kilogram of total product; or (e) if it is trace element fertiliser for: (i) foliar application only – 500 milligrams per kilogram of total product; (ii) foliar or direct soil application – 500 milligrams per kilogram of total product; or (iii) direct soil application only – 2 000 milligrams per kilogram of total product. (3) The maximum amount of mercury a fertiliser may contain is 5 milligrams per kilogram of total product. (4) In this regulation: fertiliser with added zinc for soil means a fertiliser for direct soil application containing at least 5% added zinc but does not include a trace element fertiliser. trace element means boron, cobalt, copper, iron, manganese, molybdenum, selenium or zinc. trace element fertiliser means a fertiliser for direct soil application or foliar application in which the only elements in at least their minimum percentage contents are trace elements. Part 8 Standards for agricultural produce 35 Chemical residues in agricultural produce (1) A chemical residue in agricultural produce is a substance that is present in or on the produce as a result of: (a) the direct or indirect use of a chemical product in relation to the produce; or (b) contact between a chemical product and the produce. (2) In this regulation: environmental contaminant means a substance the source of which is environmental and not the direct or indirect use of a chemical product.

Part 8 Standards for agricultural produce Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 16 substance includes an active constituent of a chemical product, a metabolite produced as a result of the direct or indirect use of a chemical product, and an environmental contaminant. 36 Maximum residue limits (1) The maximum residue limits for a chemical product, or a substance associated with a chemical product, in agricultural produce intended or normally used for human consumption are the maximum residue limits set out in Table 1 of the MRL Standard. (2) The maximum residue limits for a chemical product, or a substance associated with a chemical product, in agricultural produce intended or normally used for animal consumption are the maximum residue limits set out in Table 4 of the MRL Standard. (3) The maximum residue limits for a chemical product, or a substance associated with a chemical product, in agricultural produce intended or normally used for both human and animal consumption are the maximum residue limits set out in Table 1 of the MRL Standard. 37 Exceeding maximum residue limits (1) A chemical residue in agricultural produce exceeds the maximum residue limit if the chemical residue in the produce exceeds the maximum residue limit prescribed by regulation 36. (2) If no maximum residue limit is prescribed by regulation 36 for a chemical residue in agricultural produce, the chemical residue must not be present in the produce. (3) For subregulation (1), a chemical residue must be worked out in accordance with regulation 38. 38 Requirements for working out chemical residues A chemical residue must be worked out in accordance with the following: (a) the portion of the agricultural produce that must be sampled and analysed is the portion set out in Table 1 of the MRL Standard; (b) the sampling method must be in accordance with the Codex Alimentarius, Volume 2A, Codex Standards for Pesticides in Foods, Section 1, Recommended Methods of Sampling for the Determination of Pesticide Residues for Compliance with MRL's, as amended from time to time;

Part 9 Infringement notices Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 17 (c) the results of the analysis are to be rounded in accordance with AS 2706-1984, Australian Standard for Numerical Values – Rounding and Interpretation of Limiting Values, as amended from time to time, to take into account the number of significant figures in the maximum residue limit; (d) if practicable, the analysis must be carried out by a laboratory that has a relevant accreditation from the National Association of Testing Authorities Australia. Part 9 Infringement notices 39 When infringement notice may be served If a chemical adviser believes a person has committed an offence against a provision of the Act or these Regulations specified in Schedule 3, column 1, the chemical adviser may serve an infringement notice on the person. 40 Prescribed amount The prescribed amount that may be paid, instead of the penalty that may otherwise be imposed for an offence specified in Schedule 3, column 1 is the amount specified opposite in column 2. 41 Contents of infringement notice (1) An infringement notice must include the following particulars: (a) the name and address of the alleged offender, if known; (b) the date of the infringement notice; (c) the date, time and place of the offence; (d) the nature of the offence and the prescribed amount payable in respect of that offence; (e) the enforcement agency, within the meaning of the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable. (2) An infringement notice must contain the following statements: (a) a statement to the effect that: (i) the alleged offender may expiate the offence and avoid enforcement action under the Fines and Penalties (Recovery) Act 2001 if he or she pays the prescribed

Part 9 Infringement notices Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 18 amount to the enforcement agency specified in the infringement notice within 28 days of service of the infringement notice; and (ii) if the alleged offender pays the prescribed amount within the period specified in the infringement notice, the enforcement agency will take no further action in relation to the offence; (b) a statement to the effect that if the alleged offender does not pay the prescribed amount within the period specified in the infringement notice and does not serve on the enforcement agency specified in the infringement notice a statement of election to have the matter dealt with by a court (as contained in the infringement notice), unless the infringement notice is withdrawn: (i) the Fines and Penalties (Recovery) Act 2001 will apply and the alleged offender may be served with a courtesy letter in accordance with that Act requiring payment of the prescribed amount together with the costs in respect of the issue of that letter; and (ii) if the alleged offender does not make the payment as required by a courtesy letter, enforcement action may be taken against him or her under the Fines and Penalties (Recovery) Act 2001 which, after due process, may result in the suspension of the alleged offender's licence to drive, the seizure of property, the deduction of wages or salary, the registration of a statutory charge on land, a community work order or imprisonment if a community work order is breached; (c) a statement to the effect that the alleged offender may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under the Fines and Penalties (Recovery) Act 2001 by completing a statement of election (as contained in the infringement notice) and serving it on the enforcement agency specified in the infringement notice; (d) a statement of election, for completion by the alleged offender if he or she elects to have the matter dealt with by a court, that includes the information required by regulation 7(1) of the Fines and Penalties (Recovery) Regulations 2001.

Part 9 Infringement notices Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 19 42 Expiation of offence (1) If an alleged offender pays the prescribed amount specified in an infringement notice in accordance with the notice, the alleged offender is taken to have expiated the offence and no further proceedings are to be taken in respect of the offence. (2) If an alleged offender tenders a cheque in payment of a prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on presentation. 43 Withdrawal of infringement notice An infringement notice may be withdrawn at any time within 28 days after it is served, but before payment of the prescribed amount specified in the infringement notice, by serving on the alleged offender a notice: (a) signed by the Chemicals Coordinator; and (b) stating that the infringement notice is withdrawn. 44 How service effected Service of an infringement notice or a notice of withdrawal of an infringement notice is effected: (a) by serving it personally on the alleged offender; (b) by posting it to the alleged offender at his or her last known address; or (c) by leaving it for the alleged offender at his or her last known place of residence or business with a person apparently resident or employed there and apparently not less than 16 years of age. 45 Additional matters This Part: (a) does not prevent more than one infringement notice for the same offence being served on an alleged offender, but it is sufficient for the application of regulation 42 to an alleged offender on whom more than one infringement notice has been served for the alleged offender to pay the prescribed amount in accordance with any one of those notices; (b) does not limit the penalty that may be imposed by a court for an offence; and

Part 10 Administrative matters Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 20 (c) does not require an infringement notice to be served and does not affect the liability of a person to be prosecuted in a court for an offence in respect of which an infringement notice has not been served. Part 10 Administrative matters 46 Information published in the Gazette If the Chemicals Coordinator publishes information in the Gazette, the information must be made available for inspection by the public at a place specified in the Gazette notice.

Schedule 1 Minimum percentage contents of elements in fertilisers Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 21 Schedule 1 Minimum percentage contents of elements in fertilisers regulation 3 Column 1 Element Column 2 Minimum percentage content in solid fertiliser (% w/w) Column 3 Minimum percentage content in liquid fertiliser (% w/v) Boron 0.005 0.005 Calcium 0.5 0.1 Cobalt 0.001 0.001 Copper 0.005 0.005 Iron 0.01 0.005 Magnesium 0.5 0.1 Manganese 0.01 0.005 Molybdenum 0.001 0.001 Nitrogen – in the form of ammonium, nitrate, organic, urea or other form – total nitrogen 0.2 0.5 0.1 Phosphorus – citrate or water soluble – citrate insoluble – total phosphorus 0.2 0.1 0.5 0.1 Potassium – in the form of chloride, nitrate, organic, sulphate or other form – total phosphorus 0.2 0.5 0.1 Selenium 0.001 0.001 Sulfur 0.5 0.1 Zinc 0.005 0.005

Schedule 2 Persons authorised to have possession of and use restricted chemical product Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 22 Schedule 2 Persons authorised to have possession of and use restricted chemical product regulation 16 A restricted chemical product containing bifenthrin or chlorpyrifos The holder of an authority under the Medicines, Poisons and Therapeutic Goods Act 2012 to possess and use the product A restricted chemical product containing sodium monofluoroacetate (1080) A person who is authorised under an S7 authorisation to have possession of and use the product. A restricted chemical product containing endosulfan A person who is authorised under an S7 authorisation to have possession of and use the product

Schedule 3 Infringement notices prescribed offences and amounts Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 23 Schedule 3 Infringement notices prescribed offences and amounts regulations 39 and 40 Column 1 Offence Provision Column 2 Prescribed Amount Part A – Offences against Act Sections 17, 19, 21, 42, 46, 47 and 72 – if the alleged offender is a natural person – if the alleged offender is a body corporate 1 penalty unit 5 penalty units Sections 22 and 25 – if the alleged offender is a natural person – if the alleged offender is a body corporate 2 penalty units 10 penalty units Sections 23, 26 and 39 – if the alleged offender is a natural person – if the alleged offender is a body corporate 4 penalty units 20 penalty units Sections 27, 33, 34 and 35 2 penalty units Sections 28, 29, 30 and 31 4 penalty units Sections 38, 48, 49, 50, 53, 54 and 55 – if the alleged offender is a natural person – if the alleged offender is a body corporate 5 penalty units 25 penalty units Sections 40 and 43 5 penalty units Sections 41, 44, 45 and 51 1 penalty unit Part B – Offences against Regulations Regulations 7, 12, 13, 14, 15 and 25 2 penalty units

ENDNOTES Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 24 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Agricultural and Veterinary Chemicals (Control of Use) Regulations (SL No. 22, 2005) Notified 31 May 2005 Commenced r 6: nc (rep by SL No. 20, 2008 before commencement); rem: 31 May 2005 Agricultural and Veterinary Chemicals (Control of Use) Amendment Regulations 2008 (SL No. 20, 2008) Notified 30 July 2008 Commenced 30 July 2008 Medicines, Poisons and Therapeutic Goods Act 2012 (Act No. 13, 2012) Assent date 27 April 2012 Commenced 1 May 2014 (Gaz S22, 30 April 2014, p 12) Local Government Amendment Act 2014 (Act No. 19, 2014) Assent date 2 June 2014 Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014, (s 2) Jabiru Town Development Repeal Act 2021 (Act No. 29, 2021) Assent date 15 December 2021 Commenced 16 December 2021 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 13 and 41 and sch 2

ENDNOTES Agricultural and Veterinary Chemicals (Control of Use) Regulations 2005 25 4 LIST OF AMENDMENTS r 3 amd No. 20, 2008, r 3 pt 2 div 1 hdg sub No. 20, 2008, r 4 r 6 rep No. 20, 2008, r 5 r 7 amd No. 20, 2008, r 16 rr 8 – 9 sub No. 20, 2008, r 6 r 10 amd No. 20, 2008, r 16 r 11 amd No. 20, 2008, r 7 r 12 amd No. 20, 2008, r 16 r 13 amd No. 20, 2008, rr 8 and 16; Act No. 19, 2014, s 26; Act No. 29, 2021, s 10 rr 14 – 15 amd No. 20, 2008, r 16 r 16 sub No. 20, 2008, r 9 rr 16A – 16B ins No. 20, 2008, r 9 r 18 amd No. 20, 2008, r 10 r 20 sub No. 20, 2008, r 11 r 21 amd No. 20, 2008, r 12 r 25 amd No. 20, 2008, r 16 pt 10 hdg ins No. 20, 2008, r 13 r 46 ins No. 20, 2008, r 13 sch 2 amd No. 20, 2008, r 14; Act No. 13, 2012, s 304 sch 3 amd No. 20, 2008, r 15

1 AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2005

The Regulations are structured around a small number of recurring regulatory levers: authorisation/licensing, prescriptive equipment and labelling standards, record-keeping, statutory cross-reference to external technical standards, and infringement notices.

Authorisation/licensing

Restricted chemical product authorisations (Pt 3, rr 16-16B). The Chemicals Coordinator can authorise persons to possess and use restricted chemical products (r 16). Applications must use an approved form (r 16A). The Coordinator may issue such an authorisation if satisfied that the applicant has a genuine and sufficient reason and is competent (r 16B(1)), and the authorisation is subject to conditions (r 16B(2)). Decisions are reviewable (r 16B(3)).
S7 authorisations (Pt 4, rr 17-18). Applications must be in an approved form (r 17). The Coordinator may issue an S7 authorisation if satisfied on genuine need and competence (r 18(1)); the Coordinator may refuse issuance where the applicant has specified offences within the previous three years or where possession/use would pose an unacceptable risk to health, environment or trade (r 18(3)-(4)). S7 authorisations are conditional and reviewable (r 18(2), (5)).
Spray licences (Pt 5). Ground spray licences can be unrestricted or restricted by class (r 19). Aerial spray business licences and pilot (chemical rating) licences require specified documentary evidence, including an Air Operator’s Certificate, relevant pilot licences endorsed with agricultural ratings, interstate licence histories, proposed conditions and a Spraysafe Certificate (rr 20-21).

Prescriptive equipment and operational controls

Aerial spraying equipment must have an operating leak-proof cut-off valve at each nozzle (r 7(1)). During aerial application, either smoke-generation devices or an operating windsock visible to the pilot is required (r 7(2)). Non-compliance attracts a 50 penalty unit maximum.

Record-keeping and traceability

The Regulations set out the information that must be recorded for use of agricultural chemical products (r 11), including user identity, product name and APVMA registration number, application rates and methods, location, weather, withholding periods, and any permit details. Ground applicators and pilots must record and deliver the records to the licensee as soon as practicable after spraying (r 12). Records must be kept for two years for defined activities (r 13(2)) and for veterinary chemical use by non-veterinarians (r 14). Records must be signed and dated the day they are made (r 15).

Fertilisers and harmful ingredient controls

Part 6 applies to fertilisers that meet minimum element contents from Schedule 1 and are manufactured/sold in 25 kg containers or bulk (r 22). Exemptions exist for various unprocessed or mixed manures and potting mixes unless the substance is represented as a fertiliser (r 23). Labelling and delivery docket requirements set out the content and format requirements, including a requirement for English text (rr 25-31). Phosphatic fertiliser labels must carry warnings if fluorine or cadmium thresholds are exceeded (r 32). Harmful ingredient maxima are specified for cadmium, lead and mercury (r 33-34). Schedule 1 sets minimum percentage contents of specified elements for solid and liquid fertilisers.

Residues and technical standards

Chemical residue definitions and limits are set out to align with the APVMA MRL Standard (rr 35-36). For human-consumption produce the MRLs are those in Table 1 of the MRL Standard; for animal consumption Table 4 is referenced (r 36). If no MRL is prescribed, the residue must not be present (r 37(2)). Sampling, laboratory methods and rounding procedures for measurements are specified and cross-referenced to Codex and Australian Standards (r 38).

Enforcement by infringement notices

Chemical advisers may serve infringement notices for prescribed offences listed in Schedule 3 (r 39). The prescribed expiation amounts are listed in Schedule 3 and differ between natural persons and bodies corporate for many offences (rr 40-41; Sch 3). The Regulations set out the required contents of an infringement notice, manner of service, withdrawal and the effect of payment (rr 41-45).

Administrative powers and external references

The Chemicals Coordinator publishes approved testing methods and approved training courses by Gazette notice (rr 4-5). The Regulations require information published in Gazette to be available for public inspection at a place specified in the notice (r 46). Several provisions import external technical standards (AOAC, APVMA MRL Standard, Codex, AS 2706-1984) and provide fallback rules if the Chemicals Coordinator has not issued a relevant notice (r 4; r 38).

These core concepts describe an administrative-regulatory approach combining prescriptive technical standards with licensing and administrative discretion exercised by the Chemicals Coordinator, and backed by specified penalties and expiation processes.

The Regulations affect multiple actors across primary production, supply chains, and government administration. The principal affected groups, and what each must do under the Regulations, are:

Farmers and other primary producers who use agricultural chemical products. They must comply with record-keeping requirements when using agricultural chemicals in the listed ways (r 13(1) sets out the activities; r 13(2) requires records to be kept for two years). If they are non-veterinarians treating food-producing animals with registered veterinary chemical products, they must keep specified medical-administration records for two years (r 14). Producers who manufacture or sell fertiliser must label containers and meet composition rules (Pt 6).
Ground spraying businesses and aerial spraying businesses. These entities must hold appropriate licences (Pt 5) and ensure staff (ground applicators or pilots) record required information and pass records to the licensee promptly (r 12). Aerial operators must fit equipment to each nozzle and operate smoke devices or a visible windsock during application (r 7). Aerial business licence applicants must provide evidence of an Air Operator’s Certificate (r 20).
Pilots performing aerial chemical application. Pilot (chemical rating) licence applicants must demonstrate relevant aviation licences and endorsements, disclose interstate licences and any cancellations or suspensions, propose conditions, and show Spraysafe Certificate evidence (r 21(1)). Pilots must be recorded when aerial spraying occurs (r 11(f)(i)) and are subject to the leak-proof nozzle and smoke/windsock requirements (r 7).
Manufacturers and sellers of fertiliser, including suppliers of bulk or custom mixes. They must comply with labelling and delivery docket rules (rr 25-31), ensure containers are labelled with distinguishing name, manufacturer/seller details and the composition information for elements at or above Schedule 1 minima (r 27), and include specified warnings for phosphatic fertilisers if certain fluorine or cadmium thresholds are exceeded (r 32). Manufacturers/sellers who contravene these rules face maximum penalties (r 25).
Holders or prospective holders of restricted chemical products and S7 chemicals. Schedule 2 identifies certain authorised categories (for example, holders of authority under the Medicines, Poisons and Therapeutic Goods Act 2012 are authorised to possess bifenthrin/chlorpyrifos products , Sch 2). Others must apply for restricted product authorisations or S7 authorisations on approved forms (rr 16A, 17) and satisfy competency and genuine need (rr 16B(1), 18(1)). The Chemicals Coordinator may refuse where recent offences exist or an unacceptable risk arises (r 18(3)-(4)). Applicants are the affected persons for reviewable decisions (rr 16B(3), 18(5)).
Chemical advisers. Under r 39 a chemical adviser who believes an offence has been committed may serve an infringement notice to the alleged offender. The adviser’s role therefore affects enforcement on the ground.
Regulatory administrators and laboratories. Laboratories used for residue analysis are expected, if practicable, to hold NATA accreditation (r 38(d)). The Chemicals Coordinator administers approvals and notices, publishes in the Gazette, and must make Gazette information available for public inspection at specified places (r 46).
Downstream users of agricultural produce, including processors and exporters. The Regulations set maximum residue limits aligned to APVMA MRL Standard (r 36) and state that residues absent from the MRL Standard must not be present (r 37(2)); that alignment ties domestic compliance to external trade and food-safety standards administered by the APVMA.

Who pays and who decides:

Costs are primarily borne by producers, applicators, manufacturers and sellers: training and certification (approved training courses, pilot Spraysafe), equipment modifications (leak-proof cut-off valves, smoke devices or windsocks), labelling and delivery-docket compliance, record-keeping systems and potential testing by accredited labs. The Chemicals Coordinator decides on approvals, declarations of prescribed products, issuance/refusal of authorisations and publication of approved testing methods and courses (rr 4-5, 8, 16B, 18, 46).
The enforcement costs are borne by the regulator and enforcement agencies when monitoring compliance and by alleged offenders facing penalties or infringement notices (Pt 9). Chemical advisers are empowered to initiate expiation processes by serving infringement notices (r 39), shifting some enforcement activity to field officers.

The Regulations therefore affect a wide set of private operators involved in chemical use and fertiliser manufacture, and delegate significant discretionary authority to the Chemicals Coordinator, while establishing technical obligations that impose both administrative and equipment costs.

This section describes the concrete duties imposed on regulated parties and the rights the Regulations confer, with direct citations.

Key duties

Equipment and operational duties for aerial spraying:
- Fit each individual spray nozzle with an operating leak-proof cut-off valve; do not use aerial spraying equipment otherwise (r 7(1) , maximum penalty 50 penalty units).
- During aerial spraying, operate a ground or aircraft smoke generating device or ensure an operating windsock is visible to the pilot at ground level near the application point (r 7(2) , maximum penalty 50 penalty units).
Training and supply duties:
- Do not possess or use a prescribed product unless the person has successfully completed an approved training course for that product, or is authorised under a ground spray or pilot licence and acts within the licence (r 9 , maximum penalty 30 penalty units).
- Do not supply a prescribed product to an unauthorised person without reasonable excuse (r 10 , maximum penalty 30 penalty units).
Record-keeping and reporting:
- Keep information listed in r 11 for use of agricultural chemical products (name, address, APVMA registration number, method and rate of application, location, weather, withholding period, etc.).
- Ground applicators and pilots must record the specified information as soon as practicable after spraying and give the record to the licensee (r 12 , maximum penalty 50 penalty units).
- Persons using agricultural chemical products in the listed contexts must keep records for two years (r 13(1)-(2) , maximum penalty 50 penalty units).
- Non-veterinarians using registered veterinary chemical products on food-producing animals must keep specified dosing and identification records for two years (r 14 , maximum penalty 50 penalty units).
- Records required under the Act or these Regulations must be signed and dated on the day made (r 15 , maximum penalty 50 penalty units).
Fertiliser manufacture/sale duties:
- Manufacturers and sellers must comply with Part 6 labelling and composition requirements (r 25 , maximum penalty 30 penalty units).
- Containers must be labelled and labelling must show distinguishing name, manufacturer/seller principal place of business and, for elements at or above the Schedule 1 minima, element name, percentage content and forms of the element (rr 26-27).
- Deliver delivery dockets at time of delivery for bulk or custom mixes, or leave conspicuously and post a copy within seven days (r 31).
Harmful ingredient limits:
- Fertilisers must not exceed cadmium, lead or mercury amounts in r 34; phosphatic fertiliser labels must warn where fluorine or cadmium exceed specified ratios (r 32; r 33-34).
Residue limits and measurement:
- Chemical residues are governed by definitions in r 35 and MRLs in the APVMA MRL Standard (r 36). If no MRL is prescribed, the substance must not be present (r 37(2)). Residue sampling and analysis methods are prescribed and must follow Codex, AOAC or specified Australian Standard rounding (r 38).
Licensing and authorisation compliance:
- Apply for restricted product or S7 authorisations in an approved form (rr 16A, 17).
- Meet the competency and genuine need tests for authorisations (rr 16B(1), 18(1)); applicants may be refused on public-safety or trade-risk grounds and for specified prior offences (r 18(3)-(4)).
- Ground spray licences: an unrestricted licence covers all classes; restricted licences authorise only the class specified (r 19).

Rights and procedural protections

Review rights: Decisions to issue or refuse a restricted chemical product authorisation or an S7 authorisation are reviewable and the applicant is the affected person for review purposes (r 16B(3); r 18(5)). The text identifies those decisions explicitly as reviewable.
Statutory conditioning of authorisations: Authorisations are expressly subject to conditions that may be specified in the authorisation (r 16B(2); r 18(2)). Conditions provide the Coordinator a mechanism to tailor permissions to risk.
Expiation and court election rights in infringement processes: The infringement notice must set out the prescribed amount and explain that payment within 28 days expiates the offence and avoids further enforcement under the Fines and Penalties (Recovery) Act 2001, or that the person may elect to have the matter dealt with by a court (r 41(2)(a)-(d); r 42). An infringement notice may be withdrawn by signed notice from the Chemicals Coordinator within 28 days (r 43).
Publication transparency: Information published in the Gazette by the Chemicals Coordinator must be made available for public inspection at a place stated in the Gazette notice (r 46).

Duties create compliance burdens: training, documentation, equipment, labelling and composition testing. Rights create procedural recourse for applicants and alleged offenders (reviewable decisions; withdrawal of infringement notices; election to contest in court). Several duties impose time-bound actions (records to be kept for two years, delivery dockets to be handed or posted at delivery time or within seven days).

The Regulations provide a combination of maximum criminal penalties expressed in penalty units, an infringement-notice (expiation) regime for specified offences, and procedural enforcement pathways that turn unpaid infringement notices into recovery actions under the Fines and Penalties (Recovery) Act 2001.

Criminal penalties (maximums)

Several provisions specify maximum penalty units directly. Examples:
- Use of aerial spraying equipment without leak-proof cut-off valves or without required smoke/windsock measures: maximum penalty 50 penalty units (r 7).
- Ground spray applicator or pilot failing to record and provide spraying information to the licensee: maximum penalty 50 penalty units (r 12).
- Persons required to keep records (r 13(2), r 14, r 15) face maximum penalties of 50 penalty units.
- Possession and use of prescribed products without approved training or licence authorisation: maximum penalty 30 penalty units (r 9).
- Manufacture or sale of fertiliser in breach of Part 6: maximum penalty 30 penalty units (r 25).
Some offences listed in Part A of Schedule 3 (which are offences against the Act) carry differing expiation amounts for natural persons vs bodies corporate; the maximum court penalty remains available if prosecuted.

Infringement notice regime (expiation)

Chemical advisers may serve infringement notices where they believe an offence listed in Schedule 3 has been committed (r 39).
Schedule 3 sets prescribed amounts payable in place of prosecution for many offences (r 40, Sch 3). Amounts are typically scaled by the nature of the offence and distinguish between natural persons and bodies corporate for many items (Sch 3).
An infringement notice must include prescribed particulars and statements explaining expiation, the 28-day payment window, or the option to elect court proceedings (r 41). Payment in accordance with the notice expiates the offence (r 42(1)); payment by cheque only expiates when the cheque clears (r 42(2)).
Withdrawal: an infringement notice may be withdrawn by signed notice of the Chemicals Coordinator within 28 days of service, before payment (r 43).
Service methods are prescribed (personal service, posting to last known address, or leaving with an apparently adult resident at the last known place of residence or business) (r 44).
If unpaid and not contested by the election option, the Fines and Penalties (Recovery) Act 2001 becomes the enforcement route as explained on the notice. That Act authorises, after due process, recovery mechanisms including licence suspension, seizure, wage deduction, or statutory charge registration (r 41(2)(b)).

Enforcement actors and discretion

Chemical advisers have authority to issue infringement notices (r 39). The Chemicals Coordinator is the decision-maker for approvals, designations and authorisations (rr 4-5, 8, 16B, 18) and has the power to withdraw infringement notices (r 43).
The Regulations do not specify routine inspection powers in these provisions; enforcement is effected operationally through chemical advisers serving infringement notices and prosecutorial powers available to the regulator under the Act (cross-reference to the Act exists in several places, e.g. r 11 cites section 72 of the Act for record-keeping).

Practical enforcement implications

The expiation amounts in Sch 3 are modest for many offences (1-5 penalty units for some Act offences if the offender is a natural person; higher for bodies corporate). Where the matter proceeds to court, the maximum penalties listed in the relevant provisions remain available and are not limited by the infringement regime (r 45(b)). The presence of the infringement notice system provides a streamlined administrative enforcement tool for field officers. The requirement for infringement notices to state the enforcement agency and the Fines and Penalties recovery consequences ensures that non-payment can escalate to stronger enforcement steps.
The Regulations require certain technical qualifications (Spraysafe certificate, pilot endorsements, etc.) as preconditions to licensing (r 21), authorisation decisions are subject to public-safety and trade-risk tests (r 18(4)), and some authorisations may be denied because of recent convictions linked to chemical misuse (r 18(3)). Those provisions indicate enforcement and public-protection thresholds that may be invoked proactively during licensing or authorisation processes, not only after breaches occur.

Overall, enforcement combines administrative expiation, prosecutorial options with higher maximum penalties, and licensing/authorisation gatekeeping to manage compliance. The Chemicals Coordinator and chemical advisers are the operationally significant enforcement and decision-making roles under these Regulations.

The Regulations are explicitly cross-referential and import standards and procedural law from other statutes and instruments. The key interactions in the text are as follows:

Agricultural and Veterinary Chemicals (Control of Use) Act 2004 (the Act)
- Several provisions in the Regulations operate directly under powers or obligations created by the Act. For example, r 11 refers to information required to be kept under section 72 of the Act; r 16 implements s 48(5) of the Act by specifying persons authorised to have possession of and use restricted chemical products (r 16 refers to s 48(5)). Decisions to issue or refuse authorisations are identified as reviewable decisions, consistent with the Act’s administrative review scheme (rr 16B(3), 18(5)). The Regulations therefore operate as subordinate rules implementing the Act’s regulatory framework.
Australian Pesticides and Veterinary Medicines Authority (APVMA) standards
- The Regulations adopt the APVMA’s MRL Standard by reference for maximum residue limits (r 3 definition of MRL Standard; rr 36-38). Table 1 and Table 4 of the MRL Standard are incorporated for human and animal consumption MRLs. The Regulations thus tie domestic residue compliance directly to APVMA-determined MRLs and their updates.
AOAC and Codex methods, and Australian Standards
- For testing methods, the Regulations either accept a method approved by the Chemicals Coordinator or, absent that, the most recently published AOAC method (r 4). For residue sampling and analysis, the Regulations require Codex sampling methodology and AS 2706-1984 for rounding (r 38(b)-(c)). The Regulations therefore rely on international and national technical standards rather than trying to replicate technical protocols.
Civil Aviation Act 1988 (Cth)
- Applicants for aerial spraying business licences must supply evidence of holding an Air Operator’s Certificate under the Civil Aviation Act 1988 that authorises aerial agricultural operations (r 20). Pilot licence applicants must provide evidence of holding relevant Commonwealth commercial pilot licences and endorsements (r 21(1)(a)). These provisions ensure aviation safety and regulatory overlap is managed by requiring compliance with existing Commonwealth aviation regulatory regimes.
Medicines, Poisons and Therapeutic Goods Act 2012 (NT)
- Schedule 2 authorises the holder of an authority under the Medicines, Poisons and Therapeutic Goods Act 2012 to possess and use restricted chemical products containing bifenthrin or chlorpyrifos. This explicitly anchors possession authorisation to licensing under that separate Territory Act (Sch 2).
Fines and Penalties (Recovery) Act 2001
- The infringement notice regime cross-references the Fines and Penalties (Recovery) Act for enforcement of unpaid expiation amounts (r 41(2)(b) and throughout Pt 9). The Regulations require infringement notices to inform alleged offenders about the consequences of non-payment under that Act and set out the election-to-proceed-to-court procedure consistent with that Act’s processes (r 41(2)(c)-(d); r 42).
National Association of Testing Authorities (NATA)
- The Regulations encourage the use of laboratories with relevant NATA accreditation for residue analysis where practicable (r 38(d)). That connects the technical compliance regime with national laboratory accreditation infrastructure.

These interactions create several effects:

Regulatory layering: the Regulations do not function in isolation; they require regulated parties to comply with technical and licensing requirements from other regimes (aviation, APVMA standards, medicines/poisons licensing).
Delegated standard-setting: the Chemicals Coordinator can approve testing methods or training by Gazette, but if none is published the Regulations import AOAC and Codex methods, ensuring a fallback standard (rr 4, 38).
Trade and safety alignment: using APVMA MRLs aligns domestic food safety requirements with national pesticide/veterinary medicine regulation, thereby linking compliance to export and domestic market standards (r 36).
Administrative integration: the infringement regime’s interaction with the Fines and Penalties (Recovery) Act provides a standardised enforcement pathway, including recovery mechanisms such as licence suspension or registration of charges.

The Regulations therefore act as an implementation layer that references national and international technical standards and existing Commonwealth and Territory regulatory regimes, rather than re-creating them.

The endnotes and list of amendments appended to the reprinted Regulations show how the instrument has evolved since initial notification in 2005. The key amendment milestones and their mechanical effects, as recorded in the source, are:

Initial instrument: Agricultural and Veterinary Chemicals (Control of Use) Regulations (SL No. 22, 2005), notified 31 May 2005 (Endnotes, List of Legislation).
2008 Amendment: Agricultural and Veterinary Chemicals (Control of Use) Amendment Regulations 2008 (SL No. 20, 2008), notified 30 July 2008 and commenced 30 July 2008. The List of Amendments (Endnote 4) shows extensive amendments by SL No. 20, 2008:
- r 3 amended (likely to update definitions or imported standards) (r 3 amd No. 20, 2008).
- pt 2 div 1 heading substituted (r 4).
- r 6 repealed (r 5).
- multiple substantive regulations amended: r 7, rr 8-9 substituted, r 10 amended, rr 11-13 amended, rr 14-15 amended, r 16 substituted, new rr 16A-16B inserted, r 18 amended, r 20 substituted, r 21 amended, r 25 amended, pt 10 heading inserted, r 46 inserted, Sch 2 and Sch 3 amended (No. 20, 2008, r 9-16).
- These amendments suggest a comprehensive refit of Part 2, changes to authorisation procedures (insertion of rr 16A-16B), and updates to fertiliser and infringement provisions.
Post-2008 amendments and cross-Acts:
- Medicines, Poisons and Therapeutic Goods Act 2012 (Act No. 13, 2012) has relevance: Sch 2 was amended in 2008 and Sch 2 was amended again under Act No. 13, 2012, s 304, placing an explicit connection to that Act for certain restricted products (Endnote 4: sch 2 amd No. 20, 2008, r 14; Act No. 13, 2012, s 304).
- Local Government Amendment Act 2014 made changes affecting r 13 among others (Endnote 2 lists commencement and Endnote 4 references r 13 amended by Act No. 19, 2014, s 26).
- Jabiru Town Development Repeal Act 2021 appears in the list of legislation and the reprint date (assent 15 December 2021; commenced 16 December 2021) , r 13 amended, as recorded in the amendments table (Endnotes 2 and 4 indicate r 13 was amended and also that Act No. 29, 2021, s 10 affected r 13).
General amendments of a formal nature were made by the Interpretation Legislation Amendment Act 2018 to rr 1, 13 and 41 and sch 2 (Endnote 3).

What the amendment record shows mechanistically:

The Regulations have been actively maintained and adjusted since 2005, with a substantial round of substantive changes in 2008 that reworked possession/authorisation procedures and added administrative provisions (rr 16A-16B; pt 10 heading and r 46).
The instrument has been integrated with other Territory Acts (notably the Medicines, Poisons and Therapeutic Goods Act 2012 and Local Government Amendment Act 2014), altering authorisation pathways and record-keeping cross-references (r 13 amendments).
Formal, non-policy amendments were subsequently made to ensure consistency with interpretation legislation in 2018.

The reprint endnotes record these changes but do not provide the explanatory material or second-reading speech text. The mechanical effects noted above are taken directly from the published amendment entries in the reprint. Applications and processes that rely on “approved” forms and Gazette notices (rr 4-5, 16A, 17, 46) mean the Regulations’ operational detail can be changed administratively without primary-legislation amendment, creating a layer of delegated rulemaking activity since 2008.

The reprinted Regulations do not cite cases and the text contains no judicial decisions or litigation summaries. The instrument itself identifies certain decisions as reviewable , specifically, decisions to issue or refuse a restricted chemical product authorisation (r 16B(3)) and to issue or refuse an S7 authorisation (r 18(5)). Those provisions make applicants “affected persons” for review purposes, signalling an administrative-review pathway exists, presumably under the administrative review procedures set out in the Act or other NT procedural legislation.

Because the source provided is the Regulations text with endnotes and an amendment list, and contains no case citations, there is no recorded litigation or court interpretation included in the instrument to report. Any litigation history would need to be gathered from court databases or secondary sources; it is not contained in this reprint. The Regulations nevertheless foresee contestability of administrative decisions through review mechanisms by declaring affected persons and reviewable decisions (rr 16B(3), 18(5)).

For practitioners advising clients in disputes under these Regulations, the statutory text evidences that:

applicants denied authorisations have a statutory entitlement to review, and the decision is identified as reviewable;
infringement notices have a statutory pathway to elect court determination rather than expiation (r 41(2)(c)), embedding a prosecutorial avenue for dispute cases.

Any substantive judicial interpretation of the record-keeping, authorisation or MRL-related provisions would be found in judicial decisions interpreting the Act and these Regulations; such cases are not listed within this text.

This section highlights technical pitfalls, operational traps and potential unintended compliance risks that emerge from the Regulations’ wording and structure. Each point references the relevant regulation.

Approved forms and Gazette dependency

Several procedural steps require “approved” forms or approvals by Gazette notice: applications for authorisations must be in an approved form (rr 16A, 17), testing methods and training courses require Chemicals Coordinator Gazette notices (rr 4-5), and certain fallback standards apply only if no Gazette notice exists (r 4). Practically, procedural access and compliance can be delayed or complicated if the “approved form” is not readily accessible or if Gazette notices are not clear. The Regulations require the Chemicals Coordinator to make Gazette information available at a place specified (r 46), but reliance on Gazette materials can create operational friction for applicants and suppliers.

Broad and prescriptive record content

The detailed list of information that must be recorded for agricultural chemical use (r 11) is extensive: identity, APVMA registration numbers, precise application rates and methods, time windows, locations with paddock-level specificity, weather conditions (including changes in wind direction and speed), withholding periods and permit details. Ground and aerial applicators must record this information “as soon as practicable” after spraying and give it to the licensee (r 12). Failure to record or preserve these records for two years is a contravention attracting a 50 penalty unit maximum (r 13(2)). The level of granularity could be operationally burdensome for small operators without digital record systems.

Interaction of “prescribed product” declarations with supply liability

The Chemicals Coordinator may declare a product to be a “prescribed product” by Gazette (r 8). Once declared, supply to an unauthorised person is an offence unless there is a reasonable excuse (r 10). Suppliers therefore face immediate liability risk when products are declared , the supplier must establish reasonable excuse or verify the recipient’s training/licence status. The Regulations do not set out an explicit due-diligence safe harbour for suppliers beyond “reasonable excuse”.

Aerial equipment technicality: nozzle cut-off valve

r 7(1) requires each individual spray nozzle to be fitted with an “operating leak proof cut off valve.” This is a specific hardware standard; non-compliance is a 50 penalty unit offence. For older aircraft or older spray rigs, retrofitting may be costly or impractical without transitional arrangements. The text does not provide a grandfathering provision for existing equipment.

Prescriptive sampling and analytical standards

Chemical residues must be sampled in accordance with Codex and analysed with rounding rules in AS 2706-1984 and, if practicable, by NATA-accredited laboratories (r 38). The “if practicable” qualification for NATA accreditation creates ambiguity in contested measurement cases , what is “practicable” may become litigated if a laboratory without accreditation is used. Also, the rounding requirement according to a 1984 standard could create interpretive questions for modern analytical results.

Tight controls on S7 and restricted product authorisations

The Coordinator may refuse S7 authorisations where the applicant has certain offences within the preceding three years or where possession/use poses unacceptable risks to health, environment or domestic or export trade (r 18(3)-(4)). Applicants need to be mindful that past offences anywhere in Australia or other jurisdictions may be considered (r 18(3)(b) references offences under other laws of the Commonwealth, a State or another Territory). This can catch applicants who may not have NT-specific convictions.

Fertiliser composition threshold boundaries

Part 6 applies only to fertilisers that contain at least one element at the Schedule 1 minimum percentage and are sold in 25 kg or larger containers or bulk (r 22). But r 23 excludes substances such as composted manure or potting mixes unless the manufacturer or seller claims it is a fertiliser. A supplier who inadvertently markets a material and makes a nutrient claim may inadvertently bring the product into the Part’s scope. Representations about element percentages are treated as claims (r 23(2)), which can trigger labelling and composition obligations and potential penalties (r 25).

Multiple enforcement pathways and cumulative notices

Pt 9 allows more than one infringement notice for the same offence to be served (r 45(a)). Although payment of any one notice expiates the offence, multiple notices could create administrative confusion for alleged offenders and increase enforcement overhead. The Regulations also explicitly do not limit court penalties if the matter proceeds to prosecution (r 45(b)).

Cross-references to external licensing regimes

The necessity to hold an Air Operator’s Certificate or particular Commonwealth pilot licences (rr 20-21) means applicants must maintain compliance with Commonwealth aviation rules. Non-compliance with Commonwealth aviation licensing could lead to denial of NT spray licences even where the operator complies with NT chemical rules.

Variability of expiation amounts and corporate/natural person differential

Schedule 3 differentiates expiation amounts between natural persons and bodies corporate for many offences. Corporations may face higher prescribed amounts, but the amounts may still be significantly below the maximum court penalties available, creating an incentive structure that may encourage disputes to be litigated if the cost-benefit of contesting a notice favours the regulated party.

Practitioners should be alert to these technical triggers, ensure access to the current approved forms and Gazette notices, advise clients on documentary and equipment upgrades, and plan for record systems to meet the Regulations’ specificity.

Practical compliance requires a mix of administrative systems, training, equipment modification and procedural checks. Below are concrete steps mapped to the principal obligations in the Regulations.

Governance and responsible officer

Nominate a compliance officer for chemical use and fertiliser sales. That person should be responsible for maintaining knowledge of Gazette notices (rr 4-5, r 46), approved forms for authorisation applications (rr 16A, 17), and changes to the APVMA MRL Standard (r 36). The Regulations require Gazette-published information to be made available at a place specified; ensure a workflow to locate and store those documents.

Training and authorisations

If handling a “prescribed product” (r 8), ensure each handler has completed an approved training course where required (r 9). Maintain certificates and link training records to personnel files. For restricted chemical products or S7 chemicals, ensure applications are made in the approved form and that applicants can demonstrate genuine and sufficient reasons and competence (rr 16A, 16B(1), 17-18). For applicants with prior offences, prepare mitigation and explanations because r 18(3) allows refusal if the applicant has certain related convictions in the prior three years.

Licensing for spraying operations

Ground spraying businesses should determine whether they require restricted or unrestricted ground spray applicator licences (r 19) and ensure employees are licensed appropriately. Aerial spraying businesses must hold an Air Operator’s Certificate authorising agricultural operations and pilots must hold the requisite commercial pilot licences and agricultural endorsements (rr 20-21). Ensure pilot licence records, Spraysafe Certificates and interstate licence histories are collected and retained.

Equipment compliance for aerial spraying

Audit aerial spraying aircraft and rigs to confirm each individual nozzle has an operating leak-proof cut-off valve (r 7(1)). Ensure a smoke-generating device is available and operational at ground level, or that aircraft is fitted with such a device, or that a clearly visible operating windsock is maintained at the application point (r 7(2)). Document maintenance schedules and equipment checks and retain records to defend compliance in the event of enforcement.

Record-keeping systems

Implement a structured record-keeping system capable of capturing the full r 11 dataset: user identity; business and client details where applicable; product name and APVMA registration number; application rate/amount and method; aircraft/pilot identification where aerial; product expiry date; start and finish times for use; precise land location; crop/pasture type; weather including wind direction and speed changes; pest target; withholding period; and permit/authorisation details. Ensure records are signed and dated on the day made (r 15). Retain records for two years (r 13(2), r 14). Digital systems with time-stamping and upload-to-licensee workflows will meet “as soon as practicable” delivery requirements for ground applicators/pilots to provide records to licensees (r 12).

Fertiliser labelling and composition testing

For fertiliser products meeting the Part 6 scope (r 22), ensure packaging and bulk delivery dockets include distinguishing name, manufacturer/seller name and principal place of business, and element information for any element at or above Schedule 1 minima, showing percentage content and each form of the element (rr 26-27). For bulk or custom mixes, attach labels to delivery dockets and ensure delivery dockets are handed to purchasers or posted within seven days if someone is not present (r 28-31). For phosphatic fertilisers, include warnings where fluorine or cadmium cross the thresholds specified (r 32). Test composition and harmful-ingredient levels against r 34 limits; where testing methods are required use AOAC or Chemicals Coordinator-approved methods (r 4). Keep certificates of analysis and lab reports for compliance and due diligence.

Laboratory testing and sampling protocols

For residue analysis, obtain laboratories with relevant NATA accreditation where practicable (r 38(d)). Ensure sampling follows Codex methods (r 38(b)) and apply AS 2706-1984 rounding rules (r 38(c)). Retain chain-of-custody and lab accreditation documentation to support contested analyses.

Supply controls and customer due diligence

Include a supply validation step for prescribed products: verify the recipient has completed an approved training course or holds appropriate licence/authorisation (r 9-10). Retain copies of evidence of training or licence for supply records. This reduces exposure under r 10 (supply to unauthorised person).

Handling infringement notices and administrative reviews

If served with an infringement notice, check the particulars against r 41 requirements and the Schedule 3 prescribed amount; decide whether to pay to expiate the offence within 28 days (r 42(1)) or elect to have the matter dealt with by a court (r 41(2)(c)). If the client is applying for authorisation and is refused, prepare for review because the applicant is designated the affected person for reviewable decisions (rr 16B(3), 18(5)). Retain evidence of attempts to comply as part of administrative review records.

Audit, insurance and supplier contracts

Implement periodic internal audits for records, equipment and labelling. Consider contractual provisions with suppliers and customers that allocate responsibility for compliance when custom fertiliser mixes are made or when bulk deliveries occur. Review insurance coverage for regulatory fines and defence costs; ensure service providers (pilots, contractors) have appropriate certifications and insurances.

Document retention and public information

Maintain a file of Gazette notices and approved forms referenced by the Chemicals Coordinator and make them accessible to operational teams (r 46). Ensure personnel know where to find updated APVMA MRL Standard publications and any Chemicals Coordinator notices relevant to testing methods and approved training courses (rr 4-5, r 36).

By combining documented operational procedures, training verification, equipment audits and robust electronic record-keeping, regulated parties can create a defensible compliance position against the prescriptive duties and record-keeping requirements set out in the Regulations.

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2005

Plain English Summary

Deep Dive

What it does

Current sections

AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2005

Source text: opening excerpt

1 AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2005

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply