41Destruction of pesticides

41 Destruction of pesticides

41 Destruction of pesticides

(1) An authorised officer may, with the written approval of the Environment Protection Authority, give directions for the destruction of, or rendering harmless of, any pesticide if the authorised officer is of the opinion that—

(a) it is necessary in the interest of public health or of any person to do so, or

(b) it is necessary to do so because of any harm or risk of harm to any person, property, the environment or trade.

(2) A person to whom any such direction is given must comply with the direction.

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 (2) 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.

(3) An authorised officer may give a direction under subsection (1) without the approval of the Environment Protection Authority in an emergency situation where there is an imminent danger to public health (or of any person) or imminent harm to property, the environment or trade.

(4) An authorised officer may destroy or render harmless any pesticide, or cause any pesticide to be destroyed or rendered harmless, if the owner of the pesticide authorises the authorised officer to do so.

(5) The owner of the pesticide is liable for the expenses incurred in the destruction or rendering harmless of the pesticide concerned. Any such expense may be recovered by the Environment Protection Authority as a debt in a court of competent jurisdiction.

s 41: Am 2000 No 53, Sch 1.19 [2]; 2012 No 97, Sch 1.31 [14].