sec.39Aerial or ground distribution by or under supervision of licensed persons

sec.39 Aerial or ground distribution by or under supervision of licensed persons

A person shall not carry out or cause or permit to be carried out aerial distribution unless the pilot in command of the aircraft from which the distribution is carried out holds a pilot chemical rating licence and the aerial distribution is carried out in the course of the business of, at the direction of or under the authority of a licensed aerial distribution contractor. Maximum penalty—20 penalty units. A person shall not carry out or cause or permit to be carried out ground distribution unless the person who operates the ground equipment from which the distribution is carried out— either— holds a commercial operator’s licence and carries out the ground distribution under the licence; or operates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and carries out the ground distribution in the course of the business of, at the direction of, or under the authority of— a licensed aerial distribution contractor; or a licensed ground distribution contractor. Maximum penalty—20 penalty units. It is a defence to a charge of an offence against subsection (2) that the operator of the ground equipment was using the equipment at the material time on— land owned or occupied by— himself or herself; or a relative of his or hers; or his or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or any unallocated State land, reserve or road under the Land Act 1994 that adjoins land mentioned in paragraph (a) with the permission of the entity that holds or controls the unallocated State land, reserve or road. s 39 sub 1970 No. 18 s 6 ; 1983 No. 1 s 22 amd 1994 No. 78 s 37 sch ; 2002 No. 76 s 14 (sec.39-ssec.1) A person shall not carry out or cause or permit to be carried out aerial distribution unless the pilot in command of the aircraft from which the distribution is carried out holds a pilot chemical rating licence and the aerial distribution is carried out in the course of the business of, at the direction of or under the authority of a licensed aerial distribution contractor. Maximum penalty—20 penalty units. (sec.39-ssec.2) A person shall not carry out or cause or permit to be carried out ground distribution unless the person who operates the ground equipment from which the distribution is carried out— either— holds a commercial operator’s licence and carries out the ground distribution under the licence; or operates the equipment under the supervision of the holder of a commercial operator’s licence, who is authorised under the licence to carry out the distribution and is present during the whole of the distribution; and carries out the ground distribution in the course of the business of, at the direction of, or under the authority of— a licensed aerial distribution contractor; or a licensed ground distribution contractor. Maximum penalty—20 penalty units. (sec.39-ssec.3) It is a defence to a charge of an offence against subsection (2) that the operator of the ground equipment was using the equipment at the material time on— land owned or occupied by— himself or herself; or a relative of his or hers; or his or her employer who is primarily engaged in pastoral or agricultural pursuits and to whom he or she is bound by a contract of service that is primarily for work other than the carrying out of the ground distribution in question; or any unallocated State land, reserve or road under the Land Act 1994 that adjoins land mentioned in paragraph (a) with the permission of the entity that holds or controls the unallocated State land, reserve or road.