11Harm to animals or plants resulting from pesticide use

#### 11 Harm to animals or plants resulting from pesticide use 11 Harm to animals or plants resulting from pesticide use > > (1) A person must not use a pesticide in a manner that— > > > > > (a) harms any non-target animal or non-target plant, or > > > > > (b) if there is no approved label or permit for the pesticide—harms any animal or plant. > > > > Maximum penalty— > > > > > (a) $120,000 in the case of a corporation, or > > > > > (b) $60,000 in the case of an individual. > > > > Note. > > > > An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 112. > > > (2) “On-farm”/residential premises exception A person does not commit an offence under subsection (1) if the person establishes— > > > > > (a) that the harm occurred only on the agricultural farm land, or the residential premises, in respect of which the pesticide was used, and > > > > > (b) that the person is the occupier of that land or those premises, or is employed or engaged by the occupier of that land or those premises. > > > (3) “Due diligence” defence It is a defence in any proceedings against a person for an offence under this section if the person establishes— > > > > > (a) that the commission of the offence was due to causes over which the person had no control, and > > > > > (b) that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence. > > **s 11:** Am 2012 No 97, Sch 1.31 \[5\].