Part 1 Preliminary

Part 1 Preliminary

1 Name of Regulation

1 Name of Regulation

This Regulation is the Pesticides Regulation 2017.

2 Commencement

2 Commencement

This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Pesticides Regulation 2009, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions

3 Definitions

(1) In this Regulation—

Aerial Application Association of Australia means Aerial Application Association of Australia Ltd (ACN 002 501 886).

exempt domestic like use of pesticide—see clause 4.

fumigant means the following—

(a) a chemical declared to be a fumigant by the Environment Protection Authority by order published in the Gazette,

(b) before 1 July 2018—a fumigant within the meaning of the Pesticides Regulation 2009 immediately before the repeal of that Regulation,

(c) on or after 1 July 2018—a chemical listed in Schedule 1.

fumigation work—see clause 6.

ground applicator work—see clause 6.

period 1 means on or after 1 September 2017 but before 1 July 2018.

period 2 means on or after 1 July 2018 but before 1 July 2019.

period 3 means on or after 1 July 2019 but before 1 July 2020.

period 4 means on or after 1 July 2020 but before 1 July 2021.

period 5 means on or after 1 July 2021 but before 1 July 2022.

period 6 means on or after 1 July 2022.

pest management technician work—see clause 6.

powered spray equipment means spray equipment that is powered otherwise than by human energy.

registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

spray equipment means any device or apparatus that distributes pesticide through the air, and includes powered spray equipment.

the Act means the Pesticides Act 1999.

timber pest management technician work—see clause 6.

use does not include store.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2) Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2021 (694), Sch 2[1].

4 Exempt domestic like use of pesticide

4 Exempt domestic like use of pesticide

The use of a pesticide by a person is an exempt domestic like use of pesticide for the purposes of this Regulation if the pesticide is, or is part of, a product that is widely available to the general public at retail outlets, is ordinarily used for domestic purposes (including home gardening), is being applied by hand or hand-held applicator and—

(a) if the product is being used outdoors—no more than 20 litres or 20 kilograms of “ready-to-use” product or 5 litres or 5 kilograms of concentrated product is being used, or

(b) if the product is being used indoors—no more than 5 litres or 5 kilograms of “ready-to-use” product or 1 litre or 1 kilogram of concentrated product is being used.

Part 2 Licences

Part 2 Licences

Division 1 Preliminary

Division 1 Preliminary

5 Definitions

5 Definitions

In this Part—

aerial applicator business—see clause 6.

aerial applicator pilot work—see clause 6.

agricultural activities includes the following—

(a) horticulture activities,

(b) husbandry (such as the keeping or breeding of livestock, poultry or bees),

(c) the growing of fruit, vegetables or other crops,

(d) the processing or storing of agricultural products, but only when carried on in connection with another agricultural activity.

approved means approved by the Environment Protection Authority from time to time.

course of training, in relation to prescribed pesticide work, means a course of training the completion of which is required in order for a person to obtain the prescribed licence qualification for a licence to carry out the work.

National Standard for Licensing Pest Management Technicians means the document entitled National Standard for Licensing Pest Management Technicians published in 1999 by the National Environmental Health Forum (National Environmental Health Monographs General Series No 4).

person responsible for a trainee carrying out fumigation work, pest management technician work or timber pest management technician work means—

(a) in the case of a trainee who is carrying out the work as an employee—the trainee’s employer, or

(b) in the case of a trainee who is carrying out the work under contract as an independent contractor—the person for whom he or she is carrying out the work under that contract, or

(c) in the case of a trainee who is carrying out the work while engaged in a course of training for that work—the person conducting the course, or

(d) in the case of a trainee who is carrying out the work under an arrangement with some other person (whether or not for reward) otherwise than as referred to in paragraph (a), (b) or (c)—that other person.

prescribed licence qualification, in relation to a kind of licence, means the qualification prescribed by, or determined in accordance with, clause 19 for that licence.

RPA applicator business—see clause 6.

RPA applicator pilot work—see clause 6.

supervisor, in relation to a trainee, means a person who is designated as the supervisor of the trainee by the person responsible for the trainee carrying out fumigation work, pest management technician work or timber pest management technician work.

trainee, in relation to fumigation work, pest management technician work or timber pest management technician work, means an unqualified person who is—

(a) engaged in a course of training for the work, and

(b) of or above the age of 17 years.

unqualified person, in relation to prescribed pesticide work, means a person who does not hold the prescribed licence qualification for a licence to carry out such work.

cl 5: Am 2021 (694), Sch 2[2].

Division 2 Licensing requirements

Division 2 Licensing requirements

6 Kinds of prescribed pesticide work

6 Kinds of prescribed pesticide work

(1) Each of the following is prescribed for the purposes of section 5A of the Act as prescribed pesticide work—

(a) aerial applicator pilot work—being the piloting by an individual of an aircraft that is being used to apply a pesticide to property (whether or not for fee or reward),

(b) aerial applicator business—being a business carried on for aerial applicator pilot work,

(c) RPA applicator pilot work—being the remote piloting by an individual of an unmanned aircraft that is being used to apply a pesticide to property (whether or not for fee or reward),

(d) RPA applicator business—being a business carried on for RPA applicator pilot work,

(e) fumigation work—being the use by an individual of fumigants (other than sterilising fumigants applied from single use canisters) for the prevention, control or eradication of pests for fee or reward or for a public authority (whether or not for fee or reward),

(f) ground applicator work—being the use by an individual of pesticides (other than fumigants) for the control of weeds or of pests affecting plants or soil for fee or reward, but it does not include—

(i) aerial applicator pilot work, or

(ii) RPA applicator pilot work, or

(iii) fumigation work, or

(iv) the use of pesticide on land owned or occupied by the person using the pesticide or by a relative (within the meaning of the Adoption Act 2000) of the person,

(g) pest management technician work—being the use by an individual of pesticides (other than restricted pesticides used to control vertebrates or fumigants) for the prevention, control or eradication of pests for fee or reward or for a public authority (whether or not for fee or reward) but it does not include—

(i) aerial applicator pilot work, or

(ii) RPA applicator pilot work, or

(iii) fumigation work, or

(iv) ground applicator work, or

(v) timber pest management technician work,

(h) timber pest management technician work—being the use by an individual of pesticides, other than restricted pesticides used to control vertebrates or fumigants, for the prevention, control or eradication of pests that attack, infest or destroy timber or timber products for fee or reward or for a public authority, whether or not for fee or reward, but it does not include—

(i) aerial applicator work, or

(ii) RPA applicator pilot work, or

(iii) fumigation work, or

(iv) ground applicator work, or

(v) pest management technician work.

Note—

The Act, section 45 sets out the requirement for a licence to carry out prescribed pesticide work.

(2) Despite subclause (1), each of the following uses of pesticides is not prescribed pesticide work if the use does not occur in connection with the piloting or use of an aircraft—

(a) the use on land of pesticides by an individual who is the owner or occupier of the land (or who is the employee of such a person) in connection with agricultural activities on that land,

(b) the use of pesticides by an individual for amenity horticulture purposes (such as ground or garden maintenance, landscaping, floriculture, arboriculture or the operations of a nursery),

(c) the use of pesticides by an individual for bush care purposes,

(d) the use of pesticides by an individual for the purposes of water treatment (including the treatment of water in pools and spas),

(e) the application of paint by an individual that contains anti-fouling pesticides,

(f) the use of pesticides by an individual to treat or prevent an ectoparasitic infestation,

(g) the use of pesticides by an individual to treat or preserve timber at a treatment plant.

(3) A business is carried on for aerial applicator pilot work or RPA applicator pilot work if—

(a) a business is carried on by a person (other than a public authority) and the person—

(i) employs or engages an individual to carry out that work for the business, or

(ii) carries out that work as a self-employed individual, or

(b) a public authority employs or engages an individual to carry out that work for it.

cl 6: Am 2021 (694), Schs 1[1], 2[3] [4].

7 Kinds of licences

7 Kinds of licences

For the purposes of section 46 of the Act, each of the following licences is prescribed as a kind of licence that authorises its holder to carry out the prescribed pesticide work specified—

(a) aerial applicator pilot licence—aerial applicator pilot work,

(b) aerial applicator business licence—aerial applicator business,

(c) RPA applicator pilot licence—RPA applicator pilot work,

(d) RPA applicator business licence—RPA applicator business,

(e) fumigator licence—fumigation work,

(f) pest management technician licence—pest management technician work,

(g) ground applicator licence—ground applicator work,

(h) timber pest management technician licence—pest management technician work and timber pest management technician work.

cl 7: Am 2021 (694), Sch 2[5].

Division 3 Exemptions

Division 3 Exemptions

pt.2-div.3-sdiv.1 Exemptions generally

Subdivision 1 Exemptions generally

8 Exemptions granted by Environment Protection Authority

8 Exemptions granted by Environment Protection Authority

(1) The Environment Protection Authority may, by order in writing, exempt a specified person or class of persons from any of the licensing requirements.

(2) An order that exempts a class of persons from any of the licensing requirements must be published in the Gazette.

(3) An exemption from licensing requirements granted under this clause is subject to such conditions (if any) as may be specified in the order.

(4) In this clause—

licensing requirements means—

(a) the provisions of Division 1 of Part 6 of the Act, and

(b) the provisions of this Part.

9 Exemption—newly qualified persons

9 Exemption—newly qualified persons

A person who has obtained the prescribed licence qualification for a fumigator licence, pest management technician licence, timber pest management technician licence or ground applicator licence may carry out work authorised by the particular licence without holding the licence—

(a) until 60 days after obtaining the qualification, or

(b) if the person applies to the Environment Protection Authority for the licence within that 60-day period—

(i) until the person is issued with a licence, or

(ii) until 14 days after the person receives notice that the application has been refused.

cl 9: Am 2021 (694), Sch 2[6].

10 Exemption—persons selling, testing, maintaining or disposing of plant

10 Exemption—persons selling, testing, maintaining or disposing of plant

A person may carry out fumigation work, ground applicator work, pest management technician work or timber pest management technician work without a licence if the work is carried out solely for the purpose of selling, testing, maintaining (including servicing or repairing) or disposing of plant (which includes any machinery, equipment or appliance).

cl 10: Am 2021 (694), Sch 2[7].

11 Exemption—on-farm use of fumigants

11 Exemption—on-farm use of fumigants

A person may carry out fumigation work on land used for an agricultural activity without a licence if—

(a) the person is the owner or occupier of the land or an employee of the owner or occupier, and

(b) the fumigation work is carried out in connection with the agricultural activity for the control of insect pests in stored products or for the control of rabbits, mice or rats, and

(c) the fumigation work is carried out in compliance with the instructions on the approved label for the pesticide being used.

12 Exemption—exempt domestic like use of pesticide

12 Exemption—exempt domestic like use of pesticide

A person may carry out work that is exempt domestic like use of pesticide without a licence if the use of the pesticide is for the control of weeds or the control of pests that affect plants or soil.

12A Exemption—waterproofing products containing pesticides—the Act, s 117

12A Exemption—waterproofing products containing pesticides—the Act, s 117

(1) This clause applies to a person who is—

(a) the holder of a contractor licence, endorsed contractor licence, owner-builder permit or supervisor certificate under the Home Building Act 1989 that authorises the holder to carry out waterproofing, or

(b) under the supervision, and subject to the direction, of the holder of an endorsed contractor licence or supervisor certificate under the Home Building Act 1989 that authorises the holder to supervise waterproofing.

(2) Despite any provision of the Act or this Regulation that requires the person to hold a licence authorising the person to carry out pest management technician work or timber pest management technician work, the person may carry out pest management technician work and timber pest management technician work for either of the following purposes without a licence—

(a) to install, replace, repair, alter or maintain a waterproofing barrier that contains pesticides,

(b) to use a waterproofing adhesive, foam or sealant that contains pesticides.

cl 12A: Ins 2021 (694), Sch 1[2]. Am 2021 (694), Sch 2[8] [9].

pt.2-div.3-sdiv.2 Trainees

Subdivision 2 Trainees

13 Exemption—trainees

13 Exemption—trainees

(1) A person may carry out fumigation work, pest management technician work or timber pest management technician work without a licence if the person—

(a) has within the previous 2 years obtained a training permit for the particular work from the Environment Protection Authority, and

(b) carries out that work as a trainee for the purposes of an approved course of training for that work, and

(c) carries out that work under the supervision of a supervisor, and

(d) keeps and maintains a record in relation to the carrying out of that work in accordance with this Division.

(1A) A person who holds a pest management technician licence may carry out timber pest management technician work without a timber pest management technician licence if the person meets the conditions specified in subclause (1)(b)–(d).

(2) A person is entitled to obtain a training permit if the person applies to the Environment Protection Authority for the permit and the application—

(a) is in the approved form, and

(b) is accompanied by such material or information to support the application (such as qualifications and proof of age and identity) as the Authority may require, and

(c) is accompanied by the applicable fee.

(3) The applicable fee for a permit is as follows—

(a) for an application made during period 1—$78.40,

(b) for an application made during period 2—$118.00,

(c) for an application made during period 3—$158.00,

(d) for an application made during period 4—$162.00,

(e) for an application made during period 5—$166.00,

(f) for an application made during period 6—$170.00.

(4) The Environment Protection Authority may at its discretion waive, remit, reduce or refund any fee payable under this clause.

cl 13: Am 2021 (694), Sch 2[10] [11].

14 Obligation of trainee to keep record

14 Obligation of trainee to keep record

A person who carries out fumigation work, pest management technician work or timber pest management technician work as a trainee must keep and maintain a record of the following in relation to the carrying out of that work—

(a) the name and address of the trainee,

(b) the name and address of each employer of the trainee,

(c) the name of each supervisor,

(d) a description of the work as it is actually carried out,

(e) a record of the dates on which the work is carried out.

Maximum penalty—20 penalty units.

cl 14: Am 2021 (694), Sch 2[10].

15 Obligations of person responsible for trainee

15 Obligations of person responsible for trainee

(1) The person responsible for a trainee carrying out fumigation work, pest management technician work or timber pest management technician work must ensure that—

(a) the trainee, when carrying out the work, is supervised by a supervisor who holds a licence authorising the supervisor to carry out work of the kind being done by the trainee, and

(b) the supervision of the trainee is direct supervision, unless the supervisor or the person responsible for the trainee has established—

(i) that the trainee’s competency makes direct supervision unnecessary, and

(ii) that a lesser degree of supervision would not endanger the health or safety of the trainee or any other person, and

(c) the trainee receives directions, demonstrations, training and monitoring appropriate to the work and commensurate with the competence of the trainee, and

(d) immediate remedial action is taken in the event of an emergency that arises from the trainee carrying out the work.

Maximum penalty—100 penalty units.

(2) The person responsible for a trainee carrying out fumigation work or pest management technician work must ensure that the trainee keeps and maintains a record in relation to the carrying out of that work in accordance with this Subdivision.

Maximum penalty—20 penalty units.

cl 15: Am 2021 (694), Sch 2[10].

16 Obligations of supervisor of trainee

16 Obligations of supervisor of trainee

(1) The supervisor of a trainee carrying out fumigation work, pest management technician work or timber pest management technician work must directly supervise the trainee while the trainee is carrying out the work, unless the supervisor or person responsible for the trainee has established—

(a) that the trainee’s competency makes direct supervision unnecessary, and

(b) that a lesser degree of supervision would not endanger the health or safety of the trainee or any other person.

Maximum penalty—100 penalty units.

(2) A supervisor of a trainee carrying out fumigation work, pest management technician work or timber pest management technician work—

(a) must ensure that the trainee keeps and maintains a record in relation to the carrying out of that work in accordance with this Subdivision, and

(b) must check the record on each date on which the work is carried out by the trainee and must sign the record on that date and include a note stating whether the supervisor is satisfied that the record is correct in respect of that date.

Maximum penalty—20 penalty units.

cl 16: Am 2021 (694), Sch 2[10].

Division 4 Applications for licences

Division 4 Applications for licences

17 Licence application fees

17 Licence application fees

(1) The following fees are prescribed for the purposes of section 47 (2) (b) of the Act—

| Period during which application made | Application for 1 year licence | Application for 5 year licence | | Period 1 | Not applicable | $196 | | Period 2 | Not applicable | $295 | | Period 3 | Not applicable | $395 | | Period 4 | Not applicable | $405 | | Period 5 | $104 | $415 | | Period 6 | $107 | $425 |

(2) The Environment Protection Authority may at its discretion waive, remit, reduce or refund any fee payable under section 47 (2) (b) of the Act.

cl 17: Am 2021 (694), Sch 2[12].

18 Additional information and particulars to accompany application

18 Additional information and particulars to accompany application

The following information and particulars are prescribed for the purposes of section 47 (3) (d) of the Act—

(a) evidence of an approved kind of the applicant’s identity and age,

(b) evidence of an approved kind that the applicant has the prescribed licence qualification for the licence being sought (if any),

(c) any other information or particulars specified by the approved application form.

Division 5 Granting of licences

Division 5 Granting of licences

19 Prescribed qualifications for licences

19 Prescribed qualifications for licences

(1) When a person has qualification to hold a licence The object of this clause is to provide for the qualifications for kinds of licences for the purposes of section 49 (2) (b) of the Act.

(2) A person is not qualified to hold a particular kind of licence if—

(a) qualifications for the licence are specified by this clause or are determined by the Environment Protection Authority in accordance with this clause, and

(b) the person does not hold those qualifications.

(3) Aerial applicator pilot licence A person is qualified to hold an aerial applicator pilot licence if—

(a) the person holds a current commercial pilot (aeroplane) licence or commercial pilot (helicopter) licence issued under the Civil Aviation Act 1988 of the Commonwealth with an aerial application rating and an aerial application endorsement, and

Note.

See Subpart 61.R of the Civil Aviation Safety Regulations 1998 of the Commonwealth.

(b) the person—

(i) is the holder of a current certificate of approval issued under the Spraysafe Accreditation Program conducted by the Aerial Application Association of Australia, or

(ii) has passed an examination conducted in accordance with the requirements of another State or Territory for the purpose of obtaining a licence equivalent to an aerial applicator pilot licence.

(4) Aerial applicator business licence A person is qualified to hold an aerial applicator business licence if the person holds an Air Operator’s Certificate issued under the Civil Aviation Act 1988 of the Commonwealth endorsed for aerial application or agricultural operations.

Note.

See Part 137 of the Civil Aviation Safety Regulations 1998 of the Commonwealth.

(5) RPA applicator pilot licence A person is qualified to hold an RPA applicator pilot licence if the person holds a remote pilot licence under the Civil Aviation Act 1988 of the Commonwealth.

Note—

Clause 19A sets out an exemption from this qualification requirement.

(6) RPA applicator business licence A person is qualified to hold an RPA applicator business licence if the person holds an RPA operator’s certificate issued under the Civil Aviation Act 1988 of the Commonwealth.

(7) Fumigator licences or pest management technician licences A person is qualified to hold a fumigator licence or pest management technician licence if the person’s competency to do the work authorised by the licence is of a standard equal to or better than—

(a) the standard of competency set out in relation to the work in the National Standard for Licensing Pest Management Technicians, or

(b) another standard of competency that the Environment Protection Authority considers to be equivalent to the standard specified in paragraph (a).

(7A) Timber pest management technician licences A person is qualified to hold a timber pest management technician licence if—

(a) the person’s competency to do the work authorised by the licence is of a standard equal to or better than—

(i) the standard of competency set out in relation to the work in the National Standard for Licensing Pest Management Technicians, or

(ii) another standard of competency that the Environment Protection Authority considers equivalent to the standard specified in subparagraph (i), and

(b) the person—

(i) has successfully completed the units of competency entitled CPPUPM3008 Inspect for and report on timber pests and CPPUPM3010 Control timber pests, or

(ii) holds a qualification that the Environment Protection Authority considers equivalent to the qualification specified in subparagraph (i).

(8) Ground applicator work A person is qualified to hold a ground applicator licence if the person’s competency to do the work authorised by the licence is of a standard equal to or better than the competency standard (if any) published for the purposes of this subclause by the Environment Protection Authority by order published in the Gazette.

(9) Additional or alternative qualifications The Environment Protection Authority may, by notice published in the Gazette (a qualification determination notice), determine that—

(a) a qualification specified in the notice is an alternative qualification for a kind of licence to a qualification specified by, or previously determined in accordance with, this clause for the licence, or

(b) a qualification specified in the notice is a qualification required for a kind of licence in addition to a qualification specified by, or previously determined in accordance with, this clause for the licence.

(10) The Environment Protection Authority may revoke or amend a qualification determination notice by a further notice published in the Gazette.

(11) The determination of a qualification specified by a qualification determination notice takes effect on the day on which the notice is published or on such later day as may be specified in the notice.

(12) If an alternative qualification for a kind of licence is specified by a qualification determination notice, a person who has that qualification is taken to hold an appropriate qualification for the licence concerned.

(13) If an additional qualification for a kind of licence is specified by a qualification determination notice, a person must hold both the qualification specified by (or previously determined in accordance with) this clause for the licence and the additional qualification in order to be appropriately qualified to hold the licence.

cl 19: Am 2021 (694), Schs 1[3]–[6], 2[13].

19A Exemption—Qualification for RPA applicator pilot licence

19A Exemption—Qualification for RPA applicator pilot licence

Despite clause 19, a person who does not hold a remote pilot licence under the Civil Aviation Act 1988 of the Commonwealth is qualified to hold an RPA applicator pilot licence if the Environment Protection Authority is satisfied that the person will only—

(a) use an unmanned aircraft that is an excluded RPA, within the meaning of the Civil Aviation Safety Regulations 1998 of the Commonwealth, regulation 101.237, and

(b) use the aircraft to apply pesticides to land owned or occupied by the person.

cl 19A: Ins 2021 (694), Sch 1[7].

20 Additional ground for licence refusal

20 Additional ground for licence refusal

That the applicant is under 18 years of age is prescribed as a circumstance for the purposes of section 49 (2) (d) of the Act.

Division 6 Conditions of licences

Division 6 Conditions of licences

21 Object of Division

21 Object of Division

(1) The object of this Division is to prescribe conditions for certain kinds of licences for the purposes of section 50 (1) (a) of the Act.

(2) The conditions prescribed by this Division do not limit any conditions that are imposed on such licences by the Environment Protection Authority under the Act.

22 Special condition—notification of cessation of prescribed licence qualification

22 Special condition—notification of cessation of prescribed licence qualification

(1) This clause applies to the following kinds of licences—

(a) aerial applicator pilot licence,

(b) aerial applicator business licence,

(c) RPA applicator pilot licence,

(d) RPA applicator business licence.

(2) It is a condition of a licence to which this clause applies that the holder of the licence notify the Environment Protection Authority if the person ceases to have the prescribed licence qualification for the licence concerned.

(3) Any such notice must be given as soon as practicable after the holder of the licence becomes aware that the holder has ceased to hold the qualification.

(4) If there is an approved form for the notice, the notice must be in that form.

23 Special condition—notification concerning leakages or spills

23 Special condition—notification concerning leakages or spills

(1) This clause applies to the following kinds of licences—

(a) aerial applicator business licence,

(b) RPA applicator business licence.

(2) It is a condition of a licence to which this clause applies that the holder of the licence notify the Environment Protection Authority of any incident where a pesticide leakage or spill has occurred as the result of a crash or forced landing of an aircraft that is operated under the authority of the licence.

(3) Any such notice must be given as soon as practicable after the incident occurs.

(4) If there is an approved form for the notice, the notice must be in that form.

23A Special condition—certain RPA applicator pilot licences

23A Special condition—certain RPA applicator pilot licences

(1) This clause applies to an RPA applicator pilot licence held by person who does not hold a remote pilot licence under the Civil Aviation Act 1988 of the Commonwealth.

(2) It is a condition of the licence that the holder of the licence is only authorised to carry out RPA applicator pilot work—

(a) using an unmanned aircraft that is an excluded RPA, within the meaning of the Civil Aviation Safety Regulations 1998 of the Commonwealth, regulation 101.237, and

(b) on land owned or occupied by the holder of the licence.

cl 23A: Ins 2021 (694), Sch 1[8].

Division 7 Renewal of licences

Division 7 Renewal of licences

24 Renewal of licences

24 Renewal of licences

(1) The Environment Protection Authority may, on the application of the holder of a licence, renew the licence.

(2) An application for the renewal of a licence may be made before the expiry of the current licence, but no later than 3 months after its expiry.

(3) An application for the renewal of a licence must be—

(a) in the approved form, and

(b) accompanied by such material or information to support the application (such as qualifications and proof of age and identity) as the Environment Protection Authority may require, and

(c) accompanied by the applicable fee for the renewal of a licence.

(4) The Environment Protection Authority may require the holder of a licence to surrender the holder’s existing licence before renewing the licence.

(5) The applicable fee for the renewal of a licence is as follows—

| Period during which application made | Application for 1 year licence renewal | Application for 5 year licence renewal | | Period 1 | Not applicable | $196 | | Period 2 | Not applicable | $295 | | Period 3 | Not applicable | $395 | | Period 4 | Not applicable | $405 | | Period 5 | $104 | $415 | | Period 6 | $107 | $425 |

(6) The Environment Protection Authority may at its discretion waive, remit, reduce or refund any fee payable under this clause.

cl 24: Am 2021 (694), Sch 2[14].

Division 8 Provision of information and record keeping

Division 8 Provision of information and record keeping

25 Licensees to provide certain information

25 Licensees to provide certain information

(1) The holder of a licence must supply the Environment Protection Authority with the particulars of any information received by the holder that contradicts or modifies any information provided by the holder in connection with the application for the licence.

Maximum penalty—90 penalty units.

(2) If the holder of a licence (other than an aerial applicator pilot licence, an aerial applicator business licence, an RPA applicator pilot licence or an RPA applicator business licence) ceases to hold the prescribed licence qualification for the kind of licence concerned, the holder must supply the Environment Protection Authority with particulars of that fact as soon as practicable.

Maximum penalty—90 penalty units.

26 Records of aerial application of pesticides

26 Records of aerial application of pesticides

(1) This clause applies in relation to—

(a) an aerial applicator business licence, and

(b) an RPA applicator business licence.

(2) The holder of a licence to which this clause applies must cause a record to be made in accordance with this clause in respect of each occasion on which the holder of the licence has caused an aircraft to be used in the application of a pesticide.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

(3) The holder of a licence to which this clause applies must provide a copy of a record required to be made under this clause to the owner or occupier of the land on which the pesticide was applied if requested to do so by the owner or occupier.

Maximum penalty—

(a) in the case of a corporation—100 penalty units, or

(b) in the case of an individual—50 penalty units.

(4) The record must be made as soon as practicable after the use of the pesticide concerned and, in any event, no later than 48 hours after the pesticide is used and must contain—

(a) the name and address of the person who piloted the aircraft, and

(b) a description of the pesticide that was applied (including product name and active constituents), and

(c) the date and time of the application of the pesticide (including the start and finish time), and

(d) if the aircraft has a registration mark, the registration mark of the aircraft, and

(e) if the aircraft does not have a registration mark, the serial number of the aircraft, and

(f) a description of the manner in which, the climatic conditions under which and the equipment by means of which the pesticide was applied, and

(g) a description of the land over which the pesticide was applied (including the address of the land or the particular paddock or part of a paddock) and the order in which each area (such as paddocks or sheds) was subjected to the application of the pesticide, and

(h) a description of the crop in respect of which the pesticide was applied or other situation in which it was used, and

(i) the rate of application of the pesticide and the quantity applied, and

(j) the name, address and contact details of the owner or occupier of the land on which the pesticide was applied.

(5) A record required to be made under this clause must be kept by the holder (or former holder) of the licence for a period of not less than 3 years after the date of the occasion to which the record relates.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

Division 9 General

Division 9 General

27 Form of licence

27 Form of licence

A licence must be in the approved form and must include the following—

(a) the name (and, in the case of a licence granted to an individual, the date of birth) of the person to whom it is granted,

(b) the date of its issue,

(c) a description of the kind of prescribed pesticide work that the licence authorises its holder to do,

(d) a unique identifying number,

(e) the expiry date of the licence,

(f) any conditions attached to the licence (other than conditions prescribed by this Regulation),

(g) in the case of a licence granted to an individual, a photograph of the individual.

28 Duration of licence—the Act, ss 51 and 119(2)(iii) and (vii)

28 Duration of licence—the Act, ss 51 and 119(2)(iii) and (vii)

(1) An application for a licence or for renewal of a licence must nominate 1 of the following terms of duration for the licence (the nominated term)—

(a) 1 year,

(b) 5 years.

(2) The Environment Protection Authority may grant or renew a licence for—

(a) the nominated term, or

(b) if satisfied that it is in the public interest—a shorter term than the nominated term.

(3) If the Environment Protection Authority grants or renews a licence for a shorter term than the nominated term, the Environment Protection Authority must refund the applicant a proportionate amount of the application fee.

(4) If an application for renewal of a licence has been made but the application is not determined by the Environment Protection Authority before the expiry of the licence, the licence continues in force until the Environment Protection Authority determines the application unless—

(a) the application is withdrawn, or

(b) the licence is sooner suspended or revoked.

(5) For the purposes of subclause (4), the Environment Protection Authority is taken to have determined the application by refusing to renew the licence if the Environment Protection Authority does not renew the licence within 90 days after the application is made.

(6) This clause does not affect the term of a licence granted under the Act and in force immediately before the substitution of this clause by the Pesticides Amendment Regulation 2021.

cl 28: Subst 2021 (694), Sch 2[15].

29 Surrender of licence

29 Surrender of licence

The holder of a licence may, by notice in the approved form given to the Environment Protection Authority and accompanied by the licence, voluntarily surrender the licence.

30 Replacement of lost, stolen, damaged or destroyed licences

30 Replacement of lost, stolen, damaged or destroyed licences

(1) The holder of a licence that is lost, stolen, damaged or destroyed may apply to the Environment Protection Authority for a replacement licence.

(2) The application—

(a) must be in the approved form, and

(b) must be accompanied by a statutory declaration by the applicant that explains how, or the circumstances in which, the licence was lost, stolen, damaged or destroyed, and

(c) must be accompanied by the applicable fee for the replacement of a licence.

(3) Without limiting subclause (2) (a), the approved form may be an electronic form accessible on a publicly available website.

(4) A person who provides the Environment Protection Authority with a statutory declaration containing the particulars required by the approved form is taken to have done so in the approved form.

(5) The Environment Protection Authority may issue a replacement licence if satisfied that the applicant’s licence has been lost, stolen, damaged or destroyed.

(6) A licence that is replaced under this clause must provide for the same expiry date as the licence it replaces.

(7) If an application is refused, the Environment Protection Authority must give notice in writing of the refusal, and of the reasons for the refusal, to the applicant.

(8) The holder of a licence that is replaced under this clause—

(a) must surrender the original licence if it is recovered, or

(b) in the case of a damaged licence that is replaced, must surrender the damaged licence.

Maximum penalty—20 penalty units.

(9) Nothing in this clause prevents the Environment Protection Authority from issuing a replacement licence in such other circumstances as it considers appropriate.

(10) The applicable fee for the replacement of a licence is as follows—

(a) for an application made during period 1—$23,

(b) for an application made during period 2 or period 3—$24,

(c) for an application made during period 4 or period 5—$25,

(d) for an application made during period 6—$26.

Part 3 Pesticides to be used by qualified persons

Part 3 Pesticides to be used by qualified persons

31 Persons qualified to use pesticides

31 Persons qualified to use pesticides

(1) In this Part, a person is qualified to use a pesticide if the person holds any one or more of the following—

(a) a licence under the Act,

(b) a recognised qualification that was issued to the person within the last 5 years,

(c) a recognised qualification that was issued to the person other than within the last 5 years if, within the last 5 years, the person—

(i) has participated in a quality assurance or stewardship program relating to the use of pesticides, being a program approved by the Environment Protection Authority by notice published in the Gazette, and

(ii) has complied with any conditions required by the notice in relation to that program,

(d) if the pesticide is the subject of a pesticide control order that authorises the use of the pesticide by persons who hold specified qualifications—those qualifications,

(e) if the use of the pesticide is loading or mixing pesticide for the purposes of aerial applicator pilot work—a certificate of completion for the Spraysafe Loader/Mixer Program issued by the Aerial Application Association of Australia.

(2) In this clause—

recognised qualification means a certificate of completion or statement of attainment on completion of a course of study with respect to the use of pesticides—

(a) by a registered training organisation in accordance with the Australian Qualifications Framework (within the meaning of section 7 of the Higher Education Act 2001), and

(b) in recognition of the person’s satisfactory achievement of specified units of competency or parts of units of competency (being units of competency, or parts of units of competency, that, at the time the prescribed qualification is issued, are approved by the Environment Protection Authority in accordance with Schedule 2).

32 Person must not use pesticide unless qualified

32 Person must not use pesticide unless qualified

(1) A person must not use, or employ or engage a person to use, a pesticide in any of the following circumstances unless the person using the pesticide is qualified to use the pesticide—

(a) in the course of carrying on, or working in, a business, educational institution or hospital (whether as principal, contractor or employee, and regardless of whether, in the case of a business, the use of pesticides is a purpose of the business concerned),

(b) in the course of acting as, or for or on behalf of, the landlord of any premises,

(c) in the course of acting for or on behalf of a public authority,

(d) in the course of carrying out pest control operations on a golf course, sporting field or bowling green,

(e) in connection with any agricultural operations (including farming, horticultural or aquacultural operations) or forestry operations.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

(2) Subclause (1) does not apply in any of the following circumstances—

(a) if the person is carrying out prescribed pesticide work in circumstances in which the person is exempted from the requirement to hold a licence to carry out that work,

Note.

See Division 3 of Part 2.

(b) if the pesticide is being used in public baths or in any swimming pool or spa,

(c) if the use of the pesticide by the person is an exempt domestic like use of pesticide,

(d) if the pesticide is anti-fouling pesticide that is contained in a paint that is being applied by the person,

(e) if the pesticide is used in connection with agricultural operations or forestry operations and the person used the pesticide—

(i) by means of hand-held and hand-powered equipment, and

(ii) on no more than 12 days in the previous 12 months (excluding any use to which paragraph (c) applies), and

(iii) under the direct supervision of a supervisor who was qualified to use the pesticide and who selected and prepared the pesticide, tested and calibrated the equipment before it was used, and instructed the person in how to apply the pesticide.

33 Supervision of persons

33 Supervision of persons

A person must not supervise a person in the use of a pesticide in connection with any agricultural operations or forestry operations unless the person supervising or the person being supervised is qualified to use the pesticide.

Maximum penalty—200 penalty units.

34 Offences with respect to qualifications

34 Offences with respect to qualifications

(1) A person who is required to be qualified in respect of the use, or supervision of the use, of a pesticide must, if requested to do so by an authorised officer, produce evidence of the qualification concerned for inspection by the authorised officer.

Maximum penalty—200 penalty units.

(2) A person must not forge or alter evidence of a qualification.

Maximum penalty—100 penalty units.

(3) A person must not falsely represent that he or she is qualified to use a pesticide.

Maximum penalty—100 penalty units.

(4) In this clause, a reference to evidence of a qualification is a reference to—

(a) in the case of a permit or licence, the permit or licence concerned, and

(b) in the case of any other qualification—

(i) a document that is issued to a person as the qualification concerned achieved by that person, or

(ii) a document (including a card) that is issued to the holder of the qualification concerned by a registered training organisation, or other person or body approved by the Environment Protection Authority, as a record or evidence (or both) of the person’s achievement of that qualification.

Part 4 Records relating to use of pesticides

Part 4 Records relating to use of pesticides

35 Pesticides used for commercial, agricultural or occupational purposes

35 Pesticides used for commercial, agricultural or occupational purposes

(1) A person must cause a record to be made, in accordance with this Part, that relates to each occasion on which the person uses a pesticide—

(a) in the course of carrying on a business involving the use of pesticides (regardless of whether that use is the primary purpose of the business concerned), or

(b) in the course of acting as, or for or on behalf of, the landlord of any premises, or

(c) in the course of carrying out fumigation work, ground applicator work, pest management technician work or timber pest management technician work for fee or reward, or

(d) in the course of acting for or on behalf of a public authority, or

(e) in the course of carrying out pest control operations on a golf course, sporting field or bowling green, or

(f) while treating livestock for ectoparasites by means of a dip bath or by the use of powered spray equipment that is not hand-held, or

(g) while treating harvested horticultural crops (being fruit, vegetables, flowers, nuts and herbs) by means of a dip bath, or

(h) while using any spray equipment to apply a pesticide for horticultural purposes (including the spraying of fallow crop land), but not if—

(i) the application consists of spot spraying that is confined to a small and restricted area on or within a tree crop, and

(ii) the pesticide is applied by hand-held and hand-powered equipment only, and

(iii) the pesticide is applied no closer than 20 metres to a property boundary, or

(i) while using any powered spray equipment to spray crops, fallow crop land or trees in a plantation (including in or around such trees), or

(j) while using powered spray equipment that is mounted on or attached to a vehicle and is not hand-held, or

(k) while applying baits to control vertebrate pests (other than baits that are used to control rodents in or around buildings used as part of agricultural operations).

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

(2) Subclause (1) does not apply—

(a) if the use of the pesticide is in public baths or in any swimming pool or spa, or

(b) if the use of the pesticide is an exempt domestic like use of pesticide, but not if the pesticide is used in the course of pest management technician work or timber pest management technician work and is of a kind that is ordinarily used in the course of such work, or

(c) if a record of the use of the pesticide is required to be kept under clause 26 (Records of aerial application of pesticides).

(3) If a pesticide is being applied by a person on behalf of a public authority by hand or hand-held applicator under the supervision or direction of a supervisor who has responsibility for the operations, the supervisor is taken to be the person using the pesticide for the purposes of subclause (1).

cl 35: Am 2021 (694), Sch 2[16] [17].

36 Information to be contained in record

36 Information to be contained in record

(1) A record required to be made under this Part must contain the following information—

(a) the full product name of the pesticide applied,

(b) the date on which the pesticide was applied,

(c) a description of the crop in respect of which the pesticide was applied or other situation in which it was used,

(d) the rate of application of the pesticide and the quantity applied,

(e) the address of the property and the delineation of the area in which the pesticide was released,

(f) the name, address and contact details of the person who applied the pesticide or, if the pesticide was applied by a person employed to apply the pesticide, the name of the employee and the name, address and contact details of the employer,

(g) if, because of clause 35 (3), the record is required to be made by a supervisor—the name of each person who used the pesticide under the supervision or direction of the supervisor,

(h) if the pesticide is applied outdoors by means of any spray equipment—

(i) the estimated wind speed and direction at the start of the application and whenever there is any significant change during the application, and

(ii) if other weather conditions (such as temperature, humidity or rainfall conditions) are specified on the pesticide label as being relevant for the proper use of the pesticide—a description of those conditions at the start of the application and whenever there is any significant change during the application.

(2) A record required to be made under this Part must also contain the following information if the person required to make the record is the holder of a licence—

(a) a description of the equipment used to apply the pesticide,

(b) the time of the application of the pesticide (including the start and finish time),

(c) the order in which each area of the land (such as paddocks or sheds) was subjected to the application of the pesticide (but not if the application of the pesticide occurred as part of pest management technician work or timber pest management technician work),

(d) the name, address and contact details of the owner or occupier of the land on which the pesticide was applied (if the information is not the same as the information required by subclause (1) (f)).

(3) The record must be made as soon as practicable after the use of the pesticide concerned and, in any event, no later than 48 hours after the pesticide is used.

(4) The information specified in subclause (2) (d) is not required to be included if the pesticide is applied by or on behalf of an electricity distributor (within the meaning of the Electricity Supply Act 1995) in a remote location where it is not reasonably practicable to identify the owner or occupier of the land.

cl 36: Am 2021 (694), Sch 2[18].

37 Keeping and provision of records

37 Keeping and provision of records

(1) A person who is required to make a record under this Part, or who is provided with a record or copy under this clause, must keep the record or copy for a period of not less than 3 years after the date on which the record was made.

(2) However, a person is not required to keep a record but must instead provide the record to the person’s employer if—

(a) the person is employed under a contract of employment, and

(b) the person uses the pesticide in the course of that employment, and

(c) the person is required to make the record under any provision of clause 35 (1) (d)–(k).

(3) A person, who is engaged (other than under a contract of employment) for fee or reward to use a pesticide, who is required to make a record under any provision of clause 35 (1) (c)–(k) must provide a copy of the record to the owner or occupier of the land on which the pesticide was applied if requested to do so by the owner or occupier.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

38 Exemption from record keeping requirements

38 Exemption from record keeping requirements

(1) The Environment Protection Authority may, by notice published in the Gazette, exempt a specified person or specified class of persons from any requirement under this Part.

(2) Without limiting subclause (1), an exemption may relate to particular kinds of information referred to in clause 36.

(3) Before making an exemption under this clause, the Environment Protection Authority is required to consult with such persons or bodies as the Authority considers appropriate (including the representatives of any relevant environmental or industry group).

Part 5 Notification of proposed use of pesticide

Part 5 Notification of proposed use of pesticide

39 Definitions

39 Definitions

In this Part—

pesticide use notification plan—see clause 40 (1) (a).

prescribed public place means—

(a) any of the following to which the public is entitled to have access (whether or not on payment of a fee)—

(i) a public garden, picnic area, playground, park, sporting field or oval,

(ii) public land owned or controlled by a public authority (for example, a road verge, rail easement or an easement for electricity purposes or for the purposes of other utilities),

(iii) land reserved under the National Parks and Wildlife Act 1974 or any State forest or Crown land, or

(b) the grounds of any government school (within the meaning of the Education Act 1990) or any establishment maintained by the Technical and Further Education Commission,

but does not include the inside of any building or structure located at such a place.

public authority, in addition to the meaning given by the Act, includes the following—

(a) a Minister,

(b) an electricity network SOC within the meaning of the Electricity Network Assets (Authorised Transactions) Act 2015,

(c) on and from 1 July 2018—a University within the meaning of the Universities Governing Bodies Act 2011.

publish in a newspaper means in a newspaper that is published in print or on a publicly accessible website (or both) and that circulates—

(a) in the case of a public authority that operates throughout the State—generally in the State, or

(b) in the case of a public authority that operates only in a particular local area or local areas—generally in that local area or those local areas, or

(c) in the case of a public authority that is a local council—generally in the local government area of that council.

sensitive place means any of the following—

(a) a school, pre-school, kindergarten or childcare centre,

(b) a hospital, community health centre or nursing home,

(c) any place declared to be a sensitive place by the Environment Protection Authority by order published in the Gazette.

40 Obligations on public authorities concerning use of pesticide

40 Obligations on public authorities concerning use of pesticide

(1) A public authority must not use, or allow any person to use, any pesticide in a prescribed public place that is owned by or is under the control of the public authority unless the public authority has first—

(a) prepared, finalised and notified the Environment Protection Authority of a plan (a pesticide use notification plan) in accordance with this Division, and

(b) given public notice of the proposed use of pesticide in accordance with that plan.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

(2) A public authority may satisfy a requirement under this clause if it prepares and notifies one or more pesticide use notification plans that apply to all prescribed public places that it owns or controls.

(3) Subclause (1) does not apply in respect of the use of pesticide in a prescribed public place that is owned by or is under the control of a public authority if the pesticide is used by another public authority and that other public authority has—

(a) prepared, finalised and notified the Environment Protection Authority of a pesticide use notification plan in accordance with this Division, and

(b) given public notice in accordance with that plan.

(4) Subclause (1) does not apply in relation to the use of pesticide in public baths or in any swimming pool or spa.

41 Contents of pesticide use notification plans

41 Contents of pesticide use notification plans

(1) A public authority’s pesticide use notification plan—

(a) must set out how and when the public authority will give public notice of the proposed use of pesticides in any prescribed public places, and

(b) must identify where the plan operates, that is, it must identify the categories of prescribed public places in which the public authority proposes to use pesticide or allow its use, and

(c) must identify the categories of, or specific, prescribed public places in respect of which the public authority intends to provide notification of—

(i) all proposed uses of pesticides under the plan, or

(ii) only some proposed uses of pesticides under the plan, and what those uses are, and

(d) must indicate, as a separate item, the special protection measures that will be taken if the pesticide is proposed to be used in a prescribed public place that is adjacent to a sensitive place, and

(e) must identify the categories of people (the affected persons) who regularly use the categories of prescribed public places identified in the plan, and

(f) must estimate the degree of use by affected persons of those categories of prescribed public places, and

(g) must specify how and when the public authority will notify the affected persons of the proposed use of pesticide in the prescribed public places (other than a prescribed public place referred to in paragraph (l)), and

(h) must specify the information that will be provided to the affected persons that are notified, which must include at least the following—

(i) the full product name of the pesticide to be used,

(ii) the purpose for which the pesticide is to be used,

(iii) the dates on which, or the range of dates during which, the pesticide is to be used,

(iv) the places where the pesticide is to be used,

(v) any warnings about limitations on the subsequent use of or entry onto the land if such warnings are specified on the approved label for the pesticide or in the permit for use of the pesticide,

(vi) a contact telephone number or email address for the officer of the public authority whom the affected persons can contact to discuss the notice, and

(i) must specify how and when the public authority will inform the general public (and not just the affected persons) of the plan and its contents, and

(j) must identify by job title or description, and provide the telephone number or email address, of the officer of the public authority whom any member of the public can contact to discuss the plan, and

(k) must, subject to clauses 42 and 43, set out provisions for future reviews of the pesticide use notification plan, including arrangements for public involvement in those reviews, and

(l) must specify the prescribed public places or class of prescribed public places (if any) for which the public authority does not intend to provide notification, and

(m) may set out how and when the public authority will give public notice of its use, or its allowing of the use, of pesticide in places other than prescribed public places.

(2) Without limiting subclause (1) (g), a pesticide use notification plan may provide that the public authority will provide information to affected persons of the proposed use of pesticide in the prescribed public places by a combination of methods and, if the plan does so provide, must specify the information that will be provided by each method.

42 Public consultation on draft pesticide use notification plans

42 Public consultation on draft pesticide use notification plans

(1) A public authority that has prepared a draft pesticide use notification plan must prepare a notice advising that the plan has been prepared and publish the notice in a newspaper or in a readily accessible location on its website.

(2) The notice must specify—

(a) the area in which the plan is to operate, and

(b) where a copy of the draft plan will be displayed for the purposes of public inspection, and

(c) the way in which the public may comment on the draft plan, and

(d) the deadline for public comment on the draft plan (which must be at least 4 weeks after the notice is published).

(3) The public authority must make the draft plan available for inspection free of charge at its head office and on its website.

(4) The draft plan must be on display for at least the period commencing on the date on which notice is first given under this clause and ending on the date of the deadline for public comment.

(5) As soon as practicable after the date of the deadline for public comment, the public authority must prepare a final version of the plan, taking into consideration any comments made before the deadline.

43 Giving notice of finalised pesticide use notification plans

43 Giving notice of finalised pesticide use notification plans

(1) A public authority that has prepared a pesticide use notification plan in accordance with this Division must, as soon as practicable after the finalisation of the plan, give notice of the plan—

(a) in writing to the Environment Protection Authority, and

(b) by preparing a notice specifying the area in which the plan is to operate and where copies of the plan will be displayed and publishing the notice—

(i) in the Gazette, and

(ii) in a newspaper or in a readily accessible location on its website.

(2) The public authority must make the plan available for inspection free of charge at its head office and on its website.

44 Amendments to pesticide use notification plans

44 Amendments to pesticide use notification plans

A pesticide use notification plan may be amended by another pesticide use notification plan, and any such amending plan must comply with clauses 42 and 43 unless the public authority considers on reasonable grounds that the amendment is not of sufficient substance to warrant public consultation.

45 Definitions

45 Definitions

In this Division—

common area of a residential complex means—

(a) common property within the meaning of the Strata Schemes Development Act 2015, or

(b) association property within the meaning of the Community Land Development Act 2021, or

(c) in relation to land under company title—land used as common property by the residents or land that no person has an exclusive right to occupy.

pesticide use notice means a notice to a person about the use of a pesticide that includes the following—

(a) the full product name of the pesticide to be used,

(b) the purpose for which the pesticide is to be used,

(c) the dates on which, or the range of dates during which, the pesticide is to be used,

(d) the places where the pesticide is to be used,

(e) the period (if any) during which any affected area should not be entered (but only if the approved label for the pesticide or the permit for use of the pesticide requires that such a period be observed),

(f) the contact details of the person who is to use the pesticide or of his or her office.

residential complex means any multiple occupancy medium-density or high-density residential premises, and includes—

(a) any block of home units, or

(b) any caravan park used for, amongst other purposes, residencies of over 8 weeks’ duration, or

(c) multiple occupancy land under a strata scheme (whether or not the dwellings are separate from each other), or

(d) a community scheme within the meaning of the Community Land Development Act 2021,

but does not include residential premises that comprise only 2 dwellings.

cl 45: Am 2021 No 6, Sch 5.13[1][2].

46 Prior notice of use of pesticide in residential complex

46 Prior notice of use of pesticide in residential complex

(1) A person who engages a person to carry out fumigation work, pest management technician work or timber pest management technician work in any common area of a residential complex must ensure that a pesticide use notice is given at least 5 working days before the proposed use—

(a) to each resident in person or by telephone, post, facsimile transmission or email or by placing the notice in the resident’s letter box or under the resident’s front door, or

(b) by placing the notice in writing—

(i) on the main notice boards at the residential complex (if available), and

(ii) if the pesticide is to be used in a common area within a building—at each entrance to the building concerned, and

(iii) if the pesticide is to be used in a common area outside a building—at each entrance to each building adjoining the common area concerned.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

(2) Notice is not required to be given under this clause if—

(a) the work is to be carried out in an emergency so as to deal with biting or dangerous pests (such as rodents, wasps, bees, venomous spiders, fleas, bird mites or similar creatures), and

(b) the person carrying out the work displays a notice under clause 47 and makes records of the emergency and the use of pesticide.

(2A) Also, notice is not required to be given under this clause if—

(a) the work to be carried out is pest management technician work or timber pest management technician work, and

(b) the work will be carried out by a person specified in clause 12A(1), and

(c) the work will be carried out for a purpose specified in clause 12A(2)(a) or (b).

(3) Without limiting the meaning of the term, a person who engages a person to carry out fumigation work, pest management technician work or timber pest management technician work includes the following—

(a) a managing agent of an owners corporation for a strata scheme,

(b) a managing agent for an association for a community scheme,

(c) a park manager for a caravan park,

where that agent or manager, or a member of his or her staff, arranges for a person to carry out the work.

cl 46: Am 2021 (694), Schs 1[9], 2[19]–[21].

47 Notice during use of pesticide in residential complex

47 Notice during use of pesticide in residential complex

(1) A person who carries out fumigation work, pest management technician work or timber pest management technician work in the common area of a residential complex must ensure a pesticide use notice is displayed while the work is being carried out and for any period during which the affected area should not be entered (as set out in the notice)—

(a) on the main notice boards at the residential complex (if available), and

(b) if the work is to be carried out in a common area within a building—at each entrance to the building concerned, and

(c) if the work is to be carried out in a common area outside a building—at each entrance to each building adjoining the common area concerned.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

(1A) However, notice is not required to be given under this clause if—

(a) the work being carried out is pest management technician work or timber pest management technician work, and

(b) the work is carried out by a person specified in clause 12A(1), and

(c) the work is carried out for a purpose specified in clause 12A(2)(a) or (b).

(2) This clause does not apply to any second or subsequent installation of pesticide in baits as part of an ongoing baiting program of which notice has been given under this clause.

cl 47: Am 2021 (694), Schs 1[10], 2[22] [23].

48 Prior notice of use of pesticide near sensitive place

48 Prior notice of use of pesticide near sensitive place

(1) A person who carries out fumigation work, pest management technician work or timber pest management technician work must ensure that, at least 5 working days before using a pesticide within 20 metres of a sensitive place (other than a hospital), a pesticide use notice is given to the person (or an agent of the person) having the care, control or management of the sensitive place.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

(2) For the purposes of this clause, pesticide is used within 20 metres of a sensitive place if it is used—

(a) within 20 metres of any common boundary between the land on which the pesticide is used and the sensitive place, or

(b) if the sensitive place consists only of a building or part of a building—within 20 metres of the building or part of the building.

(3) A person does not commit an offence under this clause if he or she could not have reasonably known that the place where the pesticide is to be used is within 20 metres of a sensitive place.

(4) Despite subclause (1), a pesticide use notice may be given under this clause immediately before the carrying out of the fumigation work, pest management technician work or timber pest management technician work if—

(a) the work is to be carried out in an emergency so as to deal with biting or dangerous pests (such as rodents, wasps, bees, venomous spiders, fleas, bird mites or similar creatures), and

(b) the person who carries out the work makes records of the emergency and the use of pesticide.

(5) For the purposes of this clause, a pesticide use notice must be given in person or by telephone, post, facsimile transmission or email or by placing the notice in the person’s letter box.

(5A) Notice is not required to be given under this clause if—

(a) the work to be carried out is pest management technician work or timber pest management technician work, and

(b) the work will be carried out by a person specified in clause 12A(1), and

(c) the work will be carried out for a purpose specified in clause 12A(2)(a) or (b).

(6) Nothing in this clause prevents a person who carries out fumigation work, pest management technician work or timber pest management technician work from giving any other notice before using a pesticide whether or not within 20 metres of a sensitive place.

(7) In this clause—

using a pesticide means spraying a pesticide outdoors, or injecting a pesticide directly into the ground outdoors.

cl 48: Am 2021 (694), Schs 1[11] [12], 2[24] [25].

49 Notices do not give right to veto use of pesticide

49 Notices do not give right to veto use of pesticide

Notices given under this Division are for information purposes only and do not give residents or any other persons any additional rights with respect to the use of the pesticide.

50 Provision of safety data sheet

50 Provision of safety data sheet

(1) A person who carries out fumigation work, pest management technician work or timber pest management technician work must ensure that any person who is required to be notified under this Division in relation to the use of a pesticide is given a copy of the safety data sheet for the pesticide as soon as practicable after the person requests that sheet.

Maximum penalty—

(a) in the case of a corporation—30 penalty units, or

(b) in the case of an individual—15 penalty units.

(2) In this clause—

safety data sheet has the same meaning as in the Work Health and Safety Regulation 2017.

cl 50: Am 2021 (694), Sch 2[26].

51 Records that must be kept

51 Records that must be kept

(1) If a pesticide use notice is given in person or by telephone, the person giving the notice must make a record of the giving of the notice.

(2) A person who is required by this Division to give or display any pesticide use notice or make any record must keep a copy of the notice or record for at least 3 years.

Maximum penalty—

(a) in the case of a corporation—100 penalty units, or

(b) in the case of an individual—50 penalty units.

Part 6 Records

Part 6 Records

52 Form of records

52 Form of records

(1) Records that are made or kept under this Regulation must be legible and in the English language.

(2) Records may be in written or electronic form.

53 Records may be integrated with other records

53 Records may be integrated with other records

Records that are required to be made and kept under this Regulation may be integrated with other records under this Regulation or with any other records, including those that are required to be made and kept under any other Act or law.

54 Records to be provided to authorised officer on request

54 Records to be provided to authorised officer on request

A person required to keep a record under this Regulation must, on the request of an authorised officer, provide the authorised officer with a copy of the record within a reasonable period that is specified in the request.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

55 Records must not include false or misleading information

55 Records must not include false or misleading information

A person must not, in any record required to be made under this Regulation, make any statement, or include any information, that is false or misleading in a material particular.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.

Part 7 Miscellaneous

Part 7 Miscellaneous

56 Prohibited residues

56 Prohibited residues

(1) For the purposes of paragraph (b) of the definition of agricultural produce in section 63 (1) of the Act, the following are prescribed as agricultural produce—

(a) any produce of a kind referred to in Schedule 20 or 21 of the Food Standards Code and any vegetation from which produce of a kind so referred to is obtained,

(b) any produce, other than produce referred to in paragraph (a), of a kind referred to in the second column of Table 1 or 4 of the MRL Standard and any vegetation from which produce of a kind so referred to is obtained.

(2) For the purposes of section 63 (2) (a) of the Act, the following are prescribed substances—

(a) a substance referred to in Schedule 20 or 21 of the Food Standards Code,

(b) a substance specified in the first column of Table 1 or 4 of the MRL Standard.

(3) For the purposes of section 63 (2) (a) of the Act—

(a) the concentration of a prescribed substance specified in Schedule 20 or 21 of the Food Standards Code in respect of any agricultural produce is prescribed as the maximum permissible concentration of that substance in respect of that produce, and

(b) the concentration of a prescribed substance specified in the third column of Table 1 or 4 to the MRL standard in respect of any agricultural produce is prescribed as the maximum permissible concentration of that substance in respect of that produce.

(4) If there is an inconsistency between the maximum permissible concentration prescribed by subclause (3) (a) and the maximum permissible concentration prescribed by subclause (3) (b) in respect of the same prescribed substance and agricultural produce, the maximum permissible concentration prescribed by subclause (3) (a) prevails.

(5) In this clause—

Food Standards Code means the Australia New Zealand Food Standards Code as defined in the Food Standards Australia New Zealand Act 1991 of the Commonwealth.

MRL Standard means the standard published from time to time by the Australian Pesticides and Veterinary Medicines Authority in accordance with section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth.

Note.

The Standard is set out in the Schedule to the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 of the Commonwealth.

56A Exemption—possession of unregistered pesticide—the Act, s 117

56A Exemption—possession of unregistered pesticide—the Act, s 117

(1) This clause applies to a person who possesses a pesticide the registration of which has ended or been suspended or cancelled.

(2) This clause does not apply if the person is authorised by a permit to possess the unregistered pesticide.

(3) In relation to the pesticide, the person is exempt from the requirement under the Act, section 12(1) not to possess an unregistered pesticide if—

(a) the person does not use the pesticide, and

(b) the person stores the pesticide in a way that does not endanger human health or the environment, and

(c) within a reasonable time after the registration of the pesticide ended or was suspended or cancelled, the person makes, or has made, arrangements to lawfully dispose of the pesticide.

(4) The exemption in subclause (3) ceases to apply if the unregistered pesticide is not lawfully disposed of within a reasonable time after the registration of the pesticide ended or was suspended or cancelled.

cll 56A: Ins 2021 (694), Sch 1[13].

56B Exemption—storage of unregistered pesticide—the Act, s 117

56B Exemption—storage of unregistered pesticide—the Act, s 117

(1) This clause applies to a person who is storing a pesticide the registration of which has ended or been suspended or cancelled.

(2) This clause does not apply if the person is authorised by a permit to store the unregistered pesticide.

(3) In relation to the pesticide, the person is exempt from the requirement under the Act, section 13(1) not to use an unregistered pesticide if—

(a) the person does not use the pesticide, and

(b) the person stores the pesticide in a way that does not endanger human health or the environment, and

(c) within a reasonable time after the registration ends or is suspended or cancelled, the person makes, or has made, arrangements to lawfully dispose of the pesticide.

(4) The exemption in subclause (3) ceases to apply if the unregistered pesticide is not lawfully disposed of within a reasonable time after the registration of the pesticide ended or was suspended or cancelled.

cll 56B: Ins 2021 (694), Sch 1[13].

57 Exemption—using pesticide contrary to approved label—the Act, s 117

57 Exemption—using pesticide contrary to approved label—the Act, s 117

A person is exempt from the requirement under the Act, section 15(1) not to use a registered pesticide in contravention of an instruction on an approved label for the pesticide if the pesticide—

(a) is used to control a weed or pest other than a weed or pest of a kind specified by the label, and

(b) is not used to control a pest that is a vertebrate animal, and

(c) is used in compliance with all other instructions on the label.

cl 57: Subst 2021 (694), Sch 1[14].

58 Prescribed fees for clean-up and prevention notices

58 Prescribed fees for clean-up and prevention notices

(1) The purpose of this clause is to prescribe fees for the purposes of sections 22 (2) and 27 (2) of the Act.

(2) The prescribed fees are as follows—

(a) for a notice given during period 1—$535,

(b) for a notice given during period 2—$550,

(c) for a notice given during period 3—$565,

(d) for a notice given during period 4—$580,

(e) for a notice given during period 5—$595,

(f) for a notice given during period 6—$610.

59

59 (Repealed)

Schedule 1 Fumigants

Schedule 1 Fumigants

(Clause 3 (1))

1, 3-dichloropropene

chloropicrin

dazomet

ethanedinitrile

ethyl formate

ethylene oxide (except single dose canisters)

metham sodium

methyl bromide

any product that liberates phosphine gas

potassium-monomethyl dithiocarbamate

sulfuryl fluoride

Schedule 2 Approval of units of competency by EPA

Schedule 2 Approval of units of competency by EPA

(Clause 31 (2))

Schedule 3 Penalty notice offences

Schedule 3 Penalty notice offences

| Column 1 | Column 2 | Column 3 | | Provision | Penalty (individual) | Penalty (corporation) | | Offences against the Act | | Section 10 (1) | $750 | $1,500 | | Section 11 (1) | $750 | $1,500 | | Section 11A (1) | $750 | $1,500 | | Section 12 (1) | $750 | $1,500 | | Section 13 (1) | $750 | $1,500 | | Section 14 (1) | $750 | $1,500 | | Section 14 (2) | $750 | $1,500 | | Section 15 (1) | $750 | $1,500 | | Section 16 (1) | $250 | $500 | | Section 17 | $750 | $1,500 | | Section 19 (4) | $750 | $1,500 | | Section 22 (4) | $500 | $1,000 | | Section 25 | $750 | $1,500 | | Section 27 (6) | $500 | $1,000 | | Section 39 (4) | $500 | $1,000 | | Section 41 (2) | $500 | $1,000 | | Section 42 (4) | $500 | $1,000 | | Section 42 (6) | $500 | $1,000 | | Section 43 | $500 | $1,000 | | Section 45 (1) | $500 | $1,000 | | Section 45 (2) | $500 | $1,000 | | Section 59 | $500 | $1,000 | | Section 60 (2) | $500 | $1,000 | | Section 61 (1) | $500 | $1,000 | | Section 61 (2) | $500 | $1,000 | | Section 61 (3) | $500 | $1,000 | | Section 64 (5) | $750 | $1,500 | | Section 65 (5) | $750 | $1,500 | | Offences against this Regulation | | Clause 14 | $250 | — | | Clause 15 (1) | $500 | $1,000 | | Clause 15 (2) | $250 | $500 | | Clause 16 (1) | $500 | — | | Clause 16 (2) | $250 | — | | Clause 25 (1) | $250 | $500 | | Clause 25 (2) | $250 | $500 | | Clause 26 (2) | $500 | $1,000 | | Clause 26 (3) | $125 | $250 | | Clause 26 (5) | $500 | $1,000 | | Clause 30 (8) | $250 | $500 | | Clause 32 (1) | $500 | $1,000 | | Clause 33 | $500 | — | | Clause 34 (1) | $500 | — | | Clause 34 (2) | $500 | — | | Clause 34 (3) | $500 | — | | Clause 35 (1) | $500 | $1,000 | | Clause 37 (1) | $250 | $500 | | Clause 37 (2) | $250 | $500 | | Clause 37 (3) | $250 | $500 | | Clause 40 (1) | $500 | $1,000 | | Clause 46 (1) | $500 | $1,000 | | Clause 47 (1) | $500 | $1,000 | | Clause 48 (1) | $500 | $1,000 | | Clause 50 (1) | $125 | $250 | | Clause 51 (2) | $125 | $250 | | Clause 54 | $250 | $500 | | Clause 55 | $500 | $1,000 |

sch 3: Am 2020 No 30, Sch 1.32[2] [3].

Schedule 4 Savings and transitional provisions

Schedule 4 Savings and transitional provisions

sch 4: Am 2021 (694), Sch 2[27].