Biosecurity and Agriculture Management (Aerial Application) Regulations 2018
Western Australia
Biosecurity and Agriculture Management (Aerial Application) Regulations 2018
Contents
Citation 1
Commencement 1
Terms used 1
Director General may specify chemical product 2
Qualifications or authorisations to apply controlled chemical product (Act s. 56(1)) 2
Director General may issue authorisation 4
Person responsible to have record of application of controlled chemical product 5
Transitional provision 6
Notes
Compilation table 8
Defined terms
Biosecurity and Agriculture Management Act 2007
Biosecurity and Agriculture Management (Aerial Application) Regulations 2018
1. Citation
These regulations are the *Biosecurity and Agriculture Management (Aerial Application) Regulations 2018*.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day on which the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 Part 2 Division 3 comes into operation.
3. Terms used
In these regulations —
aircraft means a machine that can derive support in the atmosphere from the reactions of the air;
apply, in relation to a controlled chemical product, means to drop or spray the product on land;
controlled chemical product —
(a) means an agricultural chemical product as defined in the Agvet Code of Western Australia; but
(b) does not include —
(i) a meat bait product registered under Part 2 of the Agvet Code of Western Australia containing sodium fluoroacetate (1080); or
(ii) a chemical product specified under regulation 4;
micro to medium weight RPA means one of the following remotely piloted aircrafts as defined in the Civil Aviation Safety Regulations 1998 (Commonwealth) Dictionary Part 1 —
(a) a micro RPA;
(b) a very small RPA;
(c) a small RPA;
(d) a medium RPA.
4. Director General may specify chemical product
(1) The Director General may, by notice published in the Gazette, specify that a chemical product of a particular kind is not a controlled chemical product.
(2) A notice published under subregulation (1) may be amended or revoked by a subsequent notice published in the Gazette.
5. Qualifications or authorisations to apply controlled chemical product (Act s. 56(1))
(1A) In this regulation —
approved training organisation means —
(a) an NVR registered training organisation as defined in the National Vocational Education and Training Regulator Act 2011 (Commonwealth) section 3; or
(b) a registered training provider as defined in the Vocational Education and Training Act 1996 section 5(1); or
(c) a registered education and training organisation as defined in the Education and Training Reform Act 2006 (Victoria) section 1.1.3(1).
(1) For the purposes of section 56(1) of the Act, a person who applies a controlled chemical product from an aircraft must —
(a) have a certificate or other document issued as evidence of successful completion of the Spraysafe Pilot Accreditation conducted by Aerial Application Association of Australia Ltd (ACN 002 501 886); or
(b) have successfully completed the training required to obtain a technician’s licence under the Health (Pesticides) Regulations 2011 regulation 38 endorsed to allow the licensee to undertake pest control in crops and pastures; or
(c) be of a class of persons authorised under regulation 6(1); or
(d) if the aircraft is a micro to medium weight RPA operated in accordance with subregulation (2) — have the qualification set out in subregulation (3).
(2) For the purposes of subregulation (1)(d), a micro to medium weight RPA (the RPA) is operated in accordance with this subregulation if —
(a) the operator of the RPA —
(i) operates only that RPA during the operation; and
(ii) is the owner of the RPA or operates the RPA on behalf of the owner of the RPA; and
(iii) operates the RPA over land owned or occupied by the owner of the RPA;
and
(b) the following persons receive no remuneration as a direct result of the operation of the RPA —
(i) the owner of the RPA;
(ii) the operator of the RPA;
(iii) the owner of the land over which the RPA is operated;
(iv) the occupier (if any) of the land over which the RPA is operated.
(3) For the purposes of subregulation (1)(d), the qualification is a valid statement of attainment issued by an approved training organisation for —
(a) a unit of competency in preparing and applying chemicals known as —
(i) “AHCCHM303 Prepare and apply chemicals”; or
(ii) “AHCCHM307 Prepare and apply chemicals to control pest, weeds and diseases”;
and
(b) a unit of competency in transporting and storing chemicals known as “AHCCHM304 Transport and store chemicals”.
[Regulation 5 amended: SL 2021/216 r. 4; SL 2024/151 r. 4.]
6. Director General may issue authorisation
(1) If the Director General is satisfied that a class of persons is qualified to apply a controlled chemical product from an aircraft, the Director General may issue an authorisation for that class of persons.
(2) An authorisation issued under subregulation (1) —
(a) must be published in the Gazette; and
(b) may be amended or revoked by a subsequent notice published in the Gazette.
7. Person responsible to have record of application of controlled chemical product
(1) If a controlled chemical product is applied from an aircraft, the person responsible for applying the product from the aircraft must —
(a) ensure that a record containing the information set out in subregulation (2) is made no later than 48 hours after the product was applied on the land; and
(b) keep the record until the end of the period of 3 years beginning on the day on which the product was applied on the land.
Penalty for this subregulation: a fine of $20 000.
(2) For the purposes of subregulation (1), the information is as follows —
(a) the date and time the controlled chemical product was applied;
(b) the name and residential address of the person who applied the product on the land;
(c) the name and address of an owner or occupier of the land on which the product was applied;
(d) the total area of the land on which the product was applied;
(e) the exact location of the land on which the product was applied, described in sufficient detail to enable that location to be readily identified;
(f) the estimated velocity and the direction of the wind at the time the product was applied;
(g) the product that was applied;
(h) the quantity and concentration of the product that was applied per hectare;
(i) the equipment used to apply the product;
(j) the type of crop on the land on which the product was applied.
(3) For the purposes of subregulation (1), the person responsible for applying the controlled chemical product from the aircraft is —
(a) if the person who applies the product from the aircraft is acting as an employee of another person (the employer) who is conducting a business of applying chemical products — the employer; or
(b) if the person who applies the product from the aircraft is acting, otherwise than as an employee, for or on behalf of another person (the principal) who is conducting a business of applying chemical products — the principal; or
(c) otherwise — the person who applies the product from the aircraft.
[Regulation 7 amended: SL 2021/216 r. 5.]
8. Transitional provision
(1) In this regulation —
certificate has the meaning given in the Aerial Spraying Control Act 1966 section 3;
commencement day means the day referred to in regulation 2(b);
transitional period means the period of 3 years beginning on commencement day.
(2) During the transitional period, a person is taken to hold a prescribed qualification to apply a controlled chemical product from an aircraft for the purposes of section 56(1) of the Act if the person —
(a) held a certificate immediately before commencement day; and
(b) is complying with the conditions (if any) attached to that certificate.
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Notes
This is a compilation of the Biosecurity and Agriculture Management (Aerial Application) Regulations 2018 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
Compilation table
Citation
Published
Commencement
Biosecurity and Agriculture Management (Aerial Application) Regulations 2018
28 Dec 2018 p. 4880‑3
r. 1 and 2: 28 Dec 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Dec 2018 (see r. 2(b) and Gazette 28 Dec 2018 p. 4879)
Biosecurity and Agriculture Management (Aerial Application) Amendment Regulations 2021
SL 2021/216 17 Dec 2021
r. 1 and 2: 17 Dec 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Dec 2021 (see r. 2(b))
Biosecurity and Agriculture Management Regulations Amendment Regulations 2024 Pt. 2
SL 2024/150 10 Jul 2024
11 Jul 2024 (see r. 2(b))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.