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].