8Harm to animals or plants resulting from pesticide use

#### 8 Harm to animals or plants resulting from pesticide use 8 Harm to animals or plants resulting from pesticide use > > (1) A person is guilty of an offence if the person wilfully or negligently uses 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) $2,000,000 in the case of a corporation, or > > > > > (b) $500,000 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. > > **s 8:** Am 2012 No 97, Sch 1.31 \[2\]; 2024 No 20, Sch 4\[5\] \[6\].