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
Section 1 - AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2005 - AGRICULTURAL AND VETERINARY CHEMICALS (CONTROL OF USE) REGULATIONS 2005 | Zoe
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