sec.44Offence to carry out pest management activities

sec.44 Offence to carry out pest management activities

A person must not carry out a pest management activity unless the person carries out the activity in the authorised way or has a reasonable excuse. Maximum penalty—200 penalty units. Subsection (1) does not apply to a person who is any of the following— a primary producer, or an agent of a primary producer, who carries out a pest control activity using a pesticide on land owned or occupied by the primary producer; spraying pesticide on an agricultural crop using a motor vehicle with attached spray booms spraying fruit using a pesticide to protect the fruit from damage by insects a primary producer, or an agent of a primary producer, who carries out a fumigation activity using a fumigant on land owned or occupied by the primary producer; sterilising soil by using a fumigant to prepare the soil for planting an agricultural crop a person responsible for caring for or growing a plant who carries out a pest control activity using a pesticide on the plant at a place that is primarily used for horticultural, recreational or sporting activities; spraying pesticide on trees at a nursery to prevent diseases spraying a bowling green using a pesticide to protect it from damage by insects a person who carries out a pest control activity using a household pesticide to control a pest, including a pest on an animal, if— the activity is carried out— at residential premises; or incidentally when performing other activities at another place, using a minimal amount of the pesticide; and the activity is not carried out for a pest management business. using a household pesticide to kill cockroaches at a house using a household pesticide to control fleas and ticks on a dog spraying a household pesticide on a water meter box in a nature strip before working on the box Subsection (2) applies only if the fumigant or pesticide is used in accordance with the approved label of the fumigant or pesticide. In this section— household pesticide means a pesticide ordinarily used in households and available to buy in a retail store. bait for killing cockroaches available to buy at a supermarket flea and tick treatment for dogs available to buy at a pet store primary producer , in relation to land, means a person using the land to commercially produce agricultural or horticultural products. s 44 amd 2020 No. 31 s 19C ; 2021 No. 12 s 232 ; 2023 No. 9 s 11 (sec.44-ssec.1) A person must not carry out a pest management activity unless the person carries out the activity in the authorised way or has a reasonable excuse. Maximum penalty—200 penalty units. (sec.44-ssec.2) Subsection (1) does not apply to a person who is any of the following— a primary producer, or an agent of a primary producer, who carries out a pest control activity using a pesticide on land owned or occupied by the primary producer; spraying pesticide on an agricultural crop using a motor vehicle with attached spray booms spraying fruit using a pesticide to protect the fruit from damage by insects a primary producer, or an agent of a primary producer, who carries out a fumigation activity using a fumigant on land owned or occupied by the primary producer; sterilising soil by using a fumigant to prepare the soil for planting an agricultural crop a person responsible for caring for or growing a plant who carries out a pest control activity using a pesticide on the plant at a place that is primarily used for horticultural, recreational or sporting activities; spraying pesticide on trees at a nursery to prevent diseases spraying a bowling green using a pesticide to protect it from damage by insects a person who carries out a pest control activity using a household pesticide to control a pest, including a pest on an animal, if— the activity is carried out— at residential premises; or incidentally when performing other activities at another place, using a minimal amount of the pesticide; and the activity is not carried out for a pest management business. using a household pesticide to kill cockroaches at a house using a household pesticide to control fleas and ticks on a dog spraying a household pesticide on a water meter box in a nature strip before working on the box (sec.44-ssec.3) Subsection (2) applies only if the fumigant or pesticide is used in accordance with the approved label of the fumigant or pesticide. (sec.44-ssec.4) In this section— household pesticide means a pesticide ordinarily used in households and available to buy in a retail store. bait for killing cockroaches available to buy at a supermarket flea and tick treatment for dogs available to buy at a pet store primary producer , in relation to land, means a person using the land to commercially produce agricultural or horticultural products.