Pesticides Regulation 2017

The Regulation organises its controls around the following core legal concepts, each defined and operationalised in the clauses and schedules.

Prescribed pesticide work and licence kinds (cl 6-7)

• "Prescribed pesticide work" enumerates activities that, by definition, require a licence under the Act for carrying out that work (cl 6(1)). The list is granular: aerial applicator pilot work (piloting an aircraft to apply pesticide), RPA applicator pilot work (remote piloting an unmanned aircraft to apply pesticide), fumigation work (use of fumigants except single‑use canisters for sterilising fumigants), ground applicator work (use of pesticides other than fumigants to control weeds or pests affecting plants or soil but excluding certain agricultural uses), pest management technician work, and timber pest management technician work (cl 6(1)(a)-(h)). For each prescribed work the corresponding licence kind is set out (cl 7).

Exemptions (Div 3)

• The EPA can exempt persons or classes from licensing requirements by written order (cl 8). Statutory standalone exemptions include: newly qualified persons can carry out work for a limited time before licence issue (cl 9), persons selling/testing/disposing of plant for servicing purposes (cl 10), on‑farm fumigation by owner/occupier under label instructions (cl 11), and domestic‑style uses sold at retail within prescribed quantity thresholds (cl 4, cl 12). There are also exemptions for operations connected to waterproofing work under the Home Building Act (cl 12A) and staged transitional exemptions (Sch 4).

Qualification and competency framework (cl 19, Sch 2, cl 31)

• The Regulation links licence eligibility to recognised qualifications (cl 19, cl 31). For aviation licences it requires Commonwealth pilot licences with endorsements or certifications (cl 19(3)-(6)). For technician and fumigator licences it sets a competency standard based on the National Standard for Licensing Pest Management Technicians or EPA‑determined equivalent (cl 19(7), (7A)). The EPA may publish qualification determination notices in the Gazette to add or vary acceptable qualifications (cl 19(9)-(13)). The EPA also approves units of competency from relevant Training Packages (Sch 2).

Trainees, supervisors and training permits (cls 13-16)

• Trainees are unqualified persons aged 17 or over engaged in approved courses; they may carry out specified work with a training permit (cl 5, cl 13). Training permits require application and fee (cl 13(2)-(3)); trainees and supervisors must maintain and check records (cls 14-16), with defined offences and penalty unit maxima for failures (cls 14-16).

Record keeping and notification (Parts 4-6)

• Detailed record content, retention periods and time limits are prescribed. For aerial and RPA business licences, record content and 48‑hour filing rules are specified (cl 26). General commercial/agricultural/occupational pesticide uses require records with defined fields (cl 35-36), to be kept for at least three years (cl 37). Public authorities must prepare pesticide use notification plans that identify categories of places, affected persons and notification modalities (cl 40-41), and must consult the public before finalisation (cl 42-43). Private persons are required to notify residents in residential complexes and those in charge of sensitive places with minimum lead times (cl 46-48).

Enforcement and penalties (Schedule 3, multiple clauses)

• The Regulation lists maximum criminal penalties in many clauses (for example, cl 14 maximum 20 penalty units; cl 15 up to 100 penalty units) and prescribes penalty notice fines for specified offences in Schedule 3 (Schedule 3, cl 1). The EPA has functions to accept and publish qualification notices, determine fees, and grant exemptions (various clauses).

Technical lists and references (Sch 1, Sch 2, cl 56)

• Schedule 1 is a closed list of chemicals classified as fumigants (for example, methyl bromide, chloropicrin), which affects whether certain uses require fumigator licences or fall under fumigation work (Sch 1; cl 3(1) definition of "fumigant"). Clause 56 ties pesticide residue concepts to the Australia New Zealand Food Standards Code and the MRL Standard, prescribing maximum permissible concentrations and identifying the residue standards that apply to agricultural produce (cl 56).

Temporal structure and transitional arrangements (cl 3 period definitions, Sch 4)

• The Regulation uses defined "period" dates to stage fee levels and transitional exemptions (cl 3; Sch 4). Transitional savings carry forward licences existing under the 2009 Regulation into the new regime (Sch 4, cls 1-2), and clause 4 of Sch 4 defers the training permit requirement until 1 July 2018.

Interoperability with other regulatory systems

• Aviation authority licences under the Commonwealth Civil Aviation Act and related regulations are treated as qualifications for aerial and RPA licences (cl 19(3)-(6), cl 19A, cl 23A). The Home Building Act is referenced for waterproofing exceptions (cl 12A). The Food Standards Code and MRL Standard inform residue limits (cl 56). Safety data sheet meaning is adopted from Work Health and Safety Regulation (cl 50).

The Regulation therefore combines competency‑based licensing with activity‑specific record and notification regimes, with EPA discretion to refine competency approvals and to grant exemptions, and with specified criminal and penalty‑notice sanctions for non‑compliance.

This Regulation affects several identifiable groups and, in practical terms, assigns obligations, rights and decision‑points among them.

Licence holders and licence applicants

• Individuals and businesses that carry out prescribed pesticide work must hold the relevant licence unless an exemption applies (cl 6, cl 7). This group includes aerial applicator pilots and businesses, RPA applicator pilots and businesses, fumigators, ground applicators, pest management technicians and timber pest management technicians (cl 7). The qualification rules (cl 19) determine who may apply and what supporting documentation must be provided (cl 18).

Employers, contractors and persons engaging pesticide users

• A person who employs or engages a person to use pesticides in business, education, public authority work or agricultural operations must ensure that the person using the pesticide is qualified (cl 32(1)). Where work is performed by employees, the employer (or person engaging the worker) has direct obligations to ensure qualifications and to keep records (cl 32(1), cl 35(1)(a), cl 36(1)(f)).

Trainees and supervisors

• Unqualified persons aged 17 or older enrolled in approved training can obtain a training permit and carry out fumigation work, pest management technician work or timber pest management technician work as trainees under supervision (cl 13(1)-(2)). The person responsible for the trainee (employer, principal under contract, training provider or other person arranging the work) must ensure supervision, training and record keeping (cl 15). Supervisors must be licensed for the work being supervised and must directly supervise, unless competency assessments justify less direct supervision (cl 15(1)(a), cl 16(1)).

Public authorities

• Public authorities that own or control prescribed public places must have a pesticide use notification plan and must give public notice before using pesticides on those places (cl 40(1)-(3), cl 41). The Regulation expressly expands the statutory meaning of "public authority" to include Ministers, specified electricity network State‑owned corporations and, from 1 July 2018, Universities (cl 39 definitions).

Residents, property owners and affected persons

• The Regulation imposes notification obligations on those who arrange fumigation and other technician work in common areas of residential complexes, with prescribed notice methods and minimum timeframes (cl 46-47). Persons in charge of sensitive places must be given prior notice if pesticide use is planned within 20 metres (cl 48). The records for aerial applications must be provided to the owner or occupier where requested (cl 26(3)).

Aviation industry and RPA operators

• Holders of Commonwealth commercial pilot licences with aerial application ratings, Air Operator’s Certificates and remote pilot licences are the primary pool from which aerial and RPA licence applicants will be drawn (cl 19(3)-(6), cl 19A). The Regulation creates a specific exemption route for small excluded RPAs used only on land owned by the operator (cl 19A), and imposes additional licence conditions on RPA licences held by persons without a Commonwealth remote pilot licence (cl 23A).

Registered training organisations and competency providers

• Recognised qualifications must be issued by registered training organisations under the Australian Qualifications Framework and must comprise units of competency approved by the EPA (cl 31(2); Sch 2). The EPA has procedural obligations when approving such units (Sch 2, cls 1-7).

Environmental and public health regulators, authorised officers and the EPA

• The EPA exercises determination and discretionary functions under this Regulation: granting exemptions (cl 8), publishing qualification determinations (cl 19(9)-(12)), approving units of competency (Sch 2), accepting training permit applications and fees (cl 13), and handling licence applications and renewals (cls 17-18, 24). Authorised officers are empowered to request evidence of qualification and to request records under cl 34(1) and cl 54.

Businesses servicing plant or equipment, electricians and other trade operators

• Clause 10 and clause 12A create targeted exemptions: persons selling, testing, maintaining or disposing of plant may carry out certain pesticide work without a licence (cl 10); persons authorised under the Home Building Act to carry out waterproofing may perform specified pesticide‑containing waterproofing work under supervision without a pest management technician or timber pest management technician licence (cl 12A).

Operators and owners of land used for agriculture or forestry

• Agricultural land owners or occupiers have limited on‑farm exemptions for fumigants used in stored product pest control or vertebrate pest control (cl 11), and various agricultural uses are carved out from prescribed pesticide work when performed by owners/occupiers or employees in the course of agricultural activities (cl 6(2)(a)). However, many agricultural and horticultural operations remain captured by the record and qualification provisions of Part 4 (cl 35).

Persons in possession or storing unregistered pesticides

• Clauses 56A and 56B provide narrowly framed exemptions from offences under the Act in relation to possession and storage of unregistered pesticides where the person does not use the pesticide, stores it safely and arranges lawful disposal within a reasonable time (cls 56A-56B).

Legal advisors, compliance officers and insurers

• The Regulation prescribes specific procedural forms, timelines and evidentiary records (forms to be in approved form where indicated, cl 22(4), cl 24(3)(a), cl 30(2)(a)) that create compliance tasks and potential exposure to penalty unit fines and penalty notices listed in Schedule 3.

In sum, the Regulation allocates compliance costs (licensing, training, record keeping, notification) across operators, employers and public authorities, and assigns enforcement functions to the EPA and authorised officers. Parties who store or use pesticides commercially, operate aerial or RPA pesticide services, supervise trainees, run public authorities with prescribed public places, or engage in pest management in residential complexes are directly affected by the Regulation’s operative requirements and prescribed penalties.

This section organises the principal statutory duties and rights created by the Regulation, citing the operative clauses that establish them.

Duty to hold an appropriate licence or be otherwise qualified

• Prescribed pesticide work requires a licence under the Act and the kinds of work that are prescribed by regulation are listed in cl 6. The corresponding licence kinds are listed in cl 7. The duty that a person must not use a pesticide unless qualified is expressed in cl 32(1): a person must not use or employ another to use a pesticide in business, as a landlord, for a public authority, on sports surfaces, or in connection with agricultural/forestry operations unless the person using the pesticide is qualified (cl 32(1)). Maximum penalties for breach are stated in cl 32(1).

Qualification definitions and proof

• The Regulation defines when a person is "qualified to use a pesticide" (cl 31(1)), including holding a licence under the Act, holding a recognised qualification issued within the last 5 years, or older qualifications combined with participation in an EPA‑approved quality assurance program (cl 31(1)(a)-(c)). For aerial loading/mixing there is a specific certificate (cl 31(1)(e)). An authorised officer may require production of evidence of qualification (cl 34(1)); the Regulation criminalises forging or altering evidence and false claims of qualification (cl 34(2)-(3)).

Employer and engager obligations

• The employer or person engaging pesticide users must ensure those users are qualified (cl 32(1)). When supervisors authorise trainees to perform certain work, the person responsible for the trainee must ensure supervision is direct (unless competency has been established), provide training and ensure emergency remedial action (cl 15(1)(a)-(d)). Supervisors must directly supervise trainees unless a lesser degree of supervision is justified and must sign and check records (cl 16(1)-(2)).

Trainee and training permit duties

• An unqualified person may act as a trainee under a training permit for up to two years (cl 13(1)), provided they carry out work as part of an approved course, under a supervisor and keep detailed records (cl 13(1)(b)-(d); cl 14). Training permits are applied for in an approved form, supported by identity and qualification evidence and payment of fees (cl 13(2)-(3)). The EPA may waive, remit or refund fees at its discretion (cl 13(4)).

Record keeping and disclosure duties

• Persons carrying out a broad range of commercial, agricultural or occupational pesticide uses must make records as prescribed in Part 4 (cl 35(1)-(2)). The Regulation prescribes the precise content of records (cl 36(1)-(2)), timing (as soon as practicable and no later than 48 hours in several specified contexts, cl 26(4), cl 36(3)), retention (minimum 3 years, cl 26(5), cl 37(1), cl 51(2)), and obligations to provide records to owners/occupiers or authorised officers upon request (cl 26(3), cl 54). The Regulation also makes it an offence to include false or misleading information in any required record (cl 55).

Notification duties

• Public authorities must prepare, finalise and notify the EPA of pesticide use notification plans before using pesticides in prescribed public places that they own or control, and must give public notice in accordance with those plans (cl 40(1)-(3)). The content of plans is detailed in cl 41, including identification of places, affected persons, special protection measures adjacent to sensitive places, and methods of notification. Public authorities must carry out public consultation on draft plans (cl 42) and give notice of finalised plans to the EPA, the Gazette and other public channels (cl 43). Private persons must provide notice in residential complexes (cl 46), post notices while work is being carried out (cl 47), and give prior notice when pesticide work is within 20 metres of a sensitive place (cl 48).

Aerial and RPA specific duties

• Holders of aerial applicator and RPA applicator business licences must record each occasion an aircraft was used to apply pesticide, with specified data fields, make the record no later than 48 hours after the application and keep records for at least three years (cl 26(2), (4)-(5)). They must provide records to owners/occupiers on request (cl 26(3)).

Rights to exemptions and EPA discretion

• The EPA may exempt specified persons or classes from licensing requirements (cl 8), may approve and vary units of competency and qualifications (cl 19(9)-(13); Sch 2), may waive or reduce fees (cls 13(4), 17(2), 24(6)), and may grant replacement licences and vary licence terms (cl 30, cl 28(2)). Specific statutory exemptions exist (for example, on‑farm fumigation when used under the approved label, cl 11; domestic‑like retail products within quantity limits, cl 4 and cl 12; waterproofing exceptions under the Home Building Act, cl 12A; temporary possession/storage of unregistered pesticides if arranging lawful disposal, cls 56A-56B).

Penalties and enforcement mechanics

• The Regulation prescribes maximum criminal penalties in many provisions (for example, cl 14 maximum 20 penalty units, cl 15 maximum 100 penalty units), and Schedule 3 lists the penalty notice offences and stated penalty notice amounts (Schedule 3, cl 1). Authorised officers are empowered to request evidence of qualification and to request records (cl 34(1), cl 54). Certain notifications do not confer a veto right; notices are informational (cl 49).

Procedural duties on applicants and licence holders

• Applications for licences and renewals must be in approved form and accompanied by specified supporting information (cl 18, cl 24(3)). Licence forms must include specific elements (cl 27). Licence applicants must nominate a term (1 year or 5 years) and the EPA may grant shorter terms in the public interest and refund the surplus fee proportionally (cl 28(1)-(3)). Holders must notify the EPA if they cease to hold prescribed qualifications for certain licence kinds (cl 22(2)-(3), cl 25(2)).

Together, these duties create compliance pathways (licensing, certification, supervision, record keeping, notification) and a set of discretionary EPA powers (exemptions, fee remissions, qualification approvals) that shape who must act, how and within what timeframes.

The Regulation establishes a multi‑layered enforcement architecture consisting of criminal penalties (expressed as penalty units), a defined scheme of penalty notices with specified monetary amounts (Schedule 3), and powers for authorised officers to request evidence and records (cl 34(1), cl 54). The EPA’s administrative discretion to refuse or require surrender of licences, to issue notices and determinations, and to publish qualification notices, also shapes enforcement.

Criminal penalties and specified maxima

• Many clauses include explicit maximum penalties in penalty units. Representative examples from the Regulation include:
  • Trainee record keeping: failure to keep required records under cl 14 carries a maximum penalty of 20 penalty units (cl 14).
  • Obligations of persons responsible for trainees: failure to ensure supervision, training and remedial action under cl 15(1) carries a maximum penalty of 100 penalty units; the requirement to ensure trainee record keeping in cl 15(2) carries a maximum penalty of 20 penalty units (cl 15).
  • Supervisor obligations: direct supervision and record checking/signing requirements carry a maximum penalty of 100 penalty units for cl 16(1) and 20 penalty units for cl 16(2) (cl 16).
  • Record keeping for aerial application: failure to make required aerial application records, and failure to keep them for the required period, are subject to maximum penalties (cl 26(2), (5): corporations 400 penalty units, individuals 200 penalty units).
  • General offences: Schedule 3 items reference statutory offences under the Act and corresponding penalties (Schedule 3 lists many Act sections and Regulation clauses with associated penalty notice amounts).

Penalty notice regime and prescribed amounts

• Schedule 3 lists offences for which a penalty notice may be issued and specifies the monetary amount payable by an individual or corporation (Schedule 3, cl 1). The schedule applies to offences against the Act and offences against this Regulation and states amounts (for example, Clause 32(1) is included in the Schedule as an offence carrying a $500 (individual) / $1,000 (corporation) penalty notice; many other specified Regulation clauses carry $125 to $750 amounts depending on the offence). Schedule 3 also contains a clause directing that the schedule applies for the purposes of s 76 of the Act (Schedule 3, cl 1(1)(a)-(b)).

Enforcement procedures and authorised officers

• The Regulation requires persons to produce evidence of qualification when requested by an authorised officer (cl 34(1)). It requires persons required to keep records to provide copies to authorised officers within a reasonable period specified in the request (cl 54). The Regulation criminalises false or misleading information in required records (cl 55) and the forging or altering of qualification evidence (cl 34(2)).

Administrative enforcement by EPA

• The EPA exercises discretionary administrative powers with enforcement consequences. It may exempt persons or classes from licensing requirements (cl 8), may refuse or grant licences, require surrender of existing licences as a condition of renewal (cl 24(4)), and may refuse replacement licence applications (cl 30(7) requires the EPA to give written notice of refusal and reasons). It may determine qualification equivalence or add qualifications by Gazette notice (cl 19(9)-(13)), and it may approve units of competency and revoke those approvals (Sch 2, cls 1, 7). Fees and their remission or waiver fall within EPA discretion (cls 13(4), 17(2), 24(6)).

Civil and administrative consequences (record retention and access)

• The Regulation requires long retention periods (generally at least 3 years for many types of records, cl 26(5), cl 37(1), cl 51(2)). Failure to keep or produce these records can attract either a criminal maximum penalty or a penalty notice under Schedule 3. For aerial application records, the Regulation also mandates the content and a 48‑hour time limit for making the record (cl 26(4)).

Interaction with the Act’s enforcement tools

• Schedule 3 is structured for use under s 76 of the Act (Schedule 3, cl 1(1)), which indicates that the penalty notice process operates alongside the Act’s enforcement framework. The Regulation also cross‑references Act provisions that carry separate enforcement mechanisms (for example the Act’s licensing offences referenced in cl 6 note and Schedule 3).

Penalty structure observations grounded in the text

• The Regulation deploys a mix of relatively modest penalty‑notice fines for procedural breaches (for instance, $125-$500 for certain notice and record offences in Schedule 3) and larger criminal maximum penalties for substantive failures (for example, 200-400 penalty units for serious record‑keeping failures and for unlicensed use in specified contexts). Several offences are available to be dealt with by penalty notice rather than prosecution (Schedule 3).

Practical enforcement triggers in the text

• Authorised officer requests for production of qualification evidence and records are explicit triggers for enforcement action (cl 34(1), cl 54). Public authorities’ failure to have or to implement pesticide use notification plans carries specified maximum penalties (cl 40(1)). Failure to notify residents or to display notices in residential complexes is a discrete offence with maximum penalties (cl 46(1), cl 47(1)). Inclusion of false or misleading information in any required record is a standalone offence (cl 55).

In short, the Regulation uses a layered enforcement structure combining administrative discretion, mandatory record access by authorised officers, criminal maximum penalties expressed in penalty units and a schedule of penalty‑notice amounts for lower‑level breaches. The EPA is the central administrative decision‑maker with delegated powers to set qualifications, exemptions and fees, and the authorised officer powers are the operational enforcement lever for checking compliance.

The Regulation is designed to operate within a broader legal ecosystem and explicitly cross‑references multiple other NSW and Commonwealth instruments, creating direct linkages and dependent compliance obligations.

Pesticides Act 1999 (the Act)

• The Regulation is subordinate to and operates to provide particulars for the Act. Numerous clauses reference procedural and substantive sections of the Act: the list of prescribed pesticide work is prescribed for the purposes of s 5A of the Act (cl 6 note); licence kinds are prescribed for s 46 of the Act (cl 7); prescribed qualifications for the purposes of s 49(2)(b) of the Act are set out in cl 19; prescribed fees for the purposes of s 47(2)(b) are set out in cl 17; the duration and renewal rules reference ss 51 and 119(2)(iii) and (vii) of the Act (cl 28). Schedule 3 is applied for the purposes of s 76 of the Act (Schedule 3, cl 1). The Regulation also states it is applying exemptions under s 117 of the Act in specific clauses (for example, cls 12A, 56A, 56B, 57 are headed with "the Act, s 117").

Commonwealth aviation law (Civil Aviation Act 1988 and Civil Aviation Safety Regulations)

• Qualifications for aerial applicator and RPA licences refer to Commonwealth aviation licences and endorsements. Cl 19(3) requires a current commercial pilot licence with an aerial application rating and endorsement issued under the Civil Aviation Act for an aerial applicator pilot licence and refers to Subpart 61.R of the Civil Aviation Safety Regulations 1998. Cl 19(4) and cl 19(6) require an Air Operator’s Certificate and an RPA operator’s certificate under the Civil Aviation Act for business licences. Clause 19A and cl 23A condition RPA licences when the holder does not hold a Commonwealth remote pilot licence, expressly invoking the definition of "excluded RPA" in regulation 101.237 of the Civil Aviation Safety Regulations 1998.

Home Building Act 1989 (NSW)

• Clause 12A creates an exemption tied to contractor licences, endorsed contractor licences, owner‑builder permits or supervisor certificates under the Home Building Act that authorise waterproofing. The exemption permits persons authorised under the Home Building Act to carry out certain waterproofing operations involving pesticides without a pest management technician or timber pest management technician licence (cl 12A(1)-(2)).

Australia New Zealand Food Standards Code and MRL Standard

• Clause 56 prescribes which agricultural produce and substances are relevant for the purposes of section 63 of the Act, and ties maximum permissible concentrations to Schedule 20 or 21 of the Food Standards Code and to Table 1 or 4 of the MRL Standard published by the Australian Pesticides and Veterinary Medicines Authority. The Regulation therefore embeds national residue standards into the NSW pesticide regulatory framework (cl 56(1)-(3)).

Work Health and Safety Regulation 2017 (definition of safety data sheet)

• The definition of "safety data sheet" used in cl 50 is adopted from the Work Health and Safety Regulation 2017 for the purpose of the Regulation's obligation to provide SDSs to notified persons (cl 50(2)).

Subordinate Legislation Act and repeal/transition

• Clause 2 notes the Regulation replaces the Pesticides Regulation 2009 and is required to be published on the NSW legislation website, with the repeal of the 2009 Regulation effected by the Subordinate Legislation Act 1989 (cl 2). Schedule 4 contains savings and transitional provisions that preserve acts and licences under the repealed 2009 Regulation, except certain exemptions (Sch 4, cl 1-2).

Training and qualifications frameworks

• Recognised qualifications must be issued by registered training organisations under the Australian Qualifications Framework, referring to Commonwealth legislation (cl 31(2)). Schedule 2 sets out procedural requirements for EPA approval of units of competency, referencing Training Packages endorsed by the Australian Industry and Skills Committee.

Other NSW legislation (Education Act, National Parks and Wildlife Act, Electricity Supply Act)

• Definitions used to identify prescribed public places and sensitive places refer to various NSW Acts. For instance, public gardens and school grounds are included under the definition of prescribed public place (cl 39). Clause 36(4) provides a narrow exception for electricity distributors under the Electricity Supply Act 1995 in remote locations where owner/occupier identification is not reasonably practicable.

Practical effects of cross‑references

• The Regulation creates compliance obligations that require operators to hold qualifications under Commonwealth aviation regulations, training packages, and NSW building licences in some contexts. It also draws on national residue and safety standards and embeds those standards in enforcement under the Act and Regulation (cl 56, cl 50). Where other statutory licences or approvals are prerequisites (for example aviation), compliance responsibility is split between the federal regime (pilot/air operator/RPA certificates) and the EPA licence regime (cl 19, cl 19A, cl 23A).

The net effect is a regulatory architecture that integrates NSW pesticide regulatory requirements with national aviation, training, workplace safety and food residue regimes, thereby creating a compliance footprint that intersects multiple statutory systems and administrative agencies.

The Regulation’s text shows a number of post‑promulgation amendments and repeals recorded within the body of the document, which materially affect qualifications, exemptions, periods and administrative detail. The Regulatory notes within the clauses identify the statutory instruments and years of amendment; the text supplied contains the following internal amendment signals.

Commencement and replacement of earlier Regulation

• The Regulation commenced on 1 September 2017 and replaced the Pesticides Regulation 2009, which was repealed on the same date by operation of s 10(2) of the Subordinate Legislation Act 1989 (cl 2).

2020 repeal entry

• Clause 59 is marked as repealed by 2020 No 30, Sch 1.32[1] (cl 59 note).

2021 Amendment (Pesticides Amendment Regulation 2021)

• Multiple clauses carry amendment notes "Am 2021 (694), Sch 2[...]" or "Ins 2021 (694), Sch 1[...]". The effect of the 2021 amendments, as evidenced by clause notes, includes:
  • Amendments to cl 3 (definition notes) (cl 3 note).
  • Insertions and amendments to qualification and licence provisions (cl 6 amendments, cl 7 amended, cl 5 amended) (cl 6, cl 7, cl 5 notes).
  • Introduction of the waterproofing exemption clause 12A (Ins 2021 (694), Sch 1[2]) and additional modifications to Division 3, training and trainee requirements (cl 12A; cl 13 amended).
  • Amendments to the prescribed qualifications (cl 19) and inclusion of clause 19A (Ins 2021 (694), Sch 1[7]) providing a narrow exemption from the Commonwealth remote pilot licence requirement for RPA applicator pilot licences for excluded RPAs used only on the person’s own land.
  • Inserted clause 23A, imposing a special condition on RPA licences held by persons who do not hold a Commonwealth remote pilot licence, limiting operations to excluded RPAs on the holder’s land (cl 23A).
  • Substitution of clause 28 (Duration of licence) to reflect policy on licence terms and refunding overpaid fees for shorter terms (cl 28 Subst 2021 (694), Sch 2[15]).
  • Changes to various fee schedules and fee amounts listed in clauses 13, 17, 24 and 30 (cls 13, 17, 24, 30 notes).
  • New exemptions and transitional provisions in Sch 4, updating timber pest management rules and transitional arrangements (Sch 4, cl 5).
  • Insertions of clauses 56A and 56B (Ins 2021 (694), Sch 1[13]) dealing with possession and storage of unregistered pesticides and clause 57 substitution (Subst 2021 (694), Sch 1[14]) allowing certain off‑label uses for weed control where consistent with other labelling instructions.

Temporal "period" adjustments and fee staging

• Clause 3 defines a sequence of "periods" (period 1 through period 6) that are used in fee tables and transitional clauses (cl 3). Clauses 13, 17, 24 and 30 show fee schedules keyed to these periods, demonstrating staged fee changes timed through the periods.

Transitional savings and transitional licence mapping

• Schedule 4 contains savings and transitional provisions (Sch 4), including:
  • Continuation of acts and licences that had effect under the repealed 2009 Regulation (Sch 4, cl 1), with specified exceptions.
  • A mapping from existing 2009 licences to 2017 Regulation licences so holders of existing licences were taken to hold the corresponding licence under the new Regulation for the same period and conditions (Sch 4, cl 2).
  • A temporary exemption for ground applicator work carried out before 1 July 2018 (Sch 4, cl 3).
  • Deferral of the training permit requirement until after 1 July 2018 (Sch 4, cl 4).
  • Transitional arrangements for pest management technicians performing timber pest management work until specified relevant days (Sch 4, cl 5), where the "relevant day" is linked to the holder's licence expiry or the date 17 December 2023.

Publication and Gazette mechanisms

• Sch 2 and cl 19 provide that qualification determination notices and approvals of units of competency must be published in the Gazette to take effect (cl 19(11); Sch 2(5)). The EPA must keep copies available for public inspection (Sch 2(6)). These procedural amendment pathways permit the EPA to extend or limit recognised qualifications without primary‑legislation change.

Taken together, the internal amendment notes and the transitional schedule indicate that the Regulation has been updated since 2017, notably in 2020 (a repeal entry) and with a suite of substantive changes effected in 2021 (Ins/Am 2021 (694) references). Key areas changed in 2021 include RPA rules, waterproofing exemptions, temporary storage/possession of unregistered pesticides, qualification details, fee levels and licence renewal/refund mechanics. The Regulation itself records these changes rather than providing an external consolidated history; the clause notes show where each insertion, substitution or amendment occurred.

The text of the Regulation does not identify or catalogue any judicial decisions, statutory appeals or litigation outcomes concerning its interpretation or application. There are no case names, reported decisions or tribunal determinations referenced within the body of the Regulation or in the schedules provided. The Regulation instead structures enforcement around administrative powers (EPA exemptions, approvals and determinations; authorised officer evidence and record requests) and the penalty notice / prosecution framework set out in Schedule 3 and the Act.

Practical implications for litigation risk and administrative reviews can, however, be inferred from the text of the instrument itself:

• Administrative decisions by the EPA, such as refusal to grant a licence or to issue a replacement licence (cl 30(7)), or determinations about qualification equivalence (cl 19(9)-(13); Sch 2), are statutory acts that could be subject to judicial review under general administrative law principles, but no specific appeal mechanism is set out in the Regulation itself.
• Many obligations engage factual questions and operational discretion that could prompt compliance disputes or prosecutions where record keeping or notification obligations are contested (for example cl 26 record content and time limits; cl 41 plan content; cl 46-48 notices). The Regulation prescribes evidentiary documents (approved forms, records, training permits), and authorised officers may request inspection (cl 34(1), cl 54), which suggests enforcement action will rely heavily on documentary proof.
• The Regulation provides for penalty notice dispositions for many offences (Schedule 3), which allows compliance breaches to be resolved by payment of specified amounts rather than full criminal prosecution in many instances; contested penalty notices could give rise to litigation or internal review in practice, although the Regulation itself does not prescribe the internal review path beyond the application of s 76 of the Act.

Because no judicial or tribunal decisions are cited in the Regulation, any litigation history relevant to interpretation or enforcement would need to be sourced from external case law and court records. The Regulation itself does not supply that material.

The Regulation contains several detailed or non‑intuitive provisions that create specific compliance traps or operational subtleties. These are items that practical operators, advisers and compliance officers commonly need to watch for.

"Use" does not include "store"

• The statutory definition in cl 3 notes that "use does not include store." This is salient because separate exemptions deal with possession and storage of unregistered pesticides (cls 56A-56B). Persons who merely store unregistered pesticides have a narrowly framed exemption (56B) provided they do not use the pesticide and they arrange lawful disposal within a reasonable time. Conversely, use triggers a more stringent licensing and qualification regime (cl 32). Practitioners should not conflate storage and use without checking the particular clause.

Exempt domestic‑like use has volume and application constraints

• The "exempt domestic like use of pesticide" regime is limited not just by the retail availability and ordinary domestic use of the product, but by strict quantity thresholds and application method. Outdoor "ready‑to‑use" products are limited to 20 litres/kilograms, outdoor concentrates to 5 litres/kilograms; indoor ready‑to‑use limit is 5 litres/kilograms and concentrated indoor 1 litre/kilogram (cl 4). The exemption also requires hand or hand‑held application. Exceeding these limits converts an otherwise domestic use into activity possibly requiring licensing and record keeping.

Aerial and RPA records have tight timeframes and content specificity

• Holders of aerial applicator business licences and RPA applicator business licences must create a record for each aircraft application no later than 48 hours after the pesticide is used, and the record must contain an extensive list of fields (cl 26(4)). Failure to create, to supply on request, or to retain the records for three years attracts substantial maximum penalties (cl 26(2), (3), (5)). The list includes climatic conditions and the order in which areas were treated, which can be operationally burdensome when multiple paddocks are treated in quick succession.

Training permit timing and transitional delay

• The training permit requirement for trainees (cl 13(1)(a)) was deferred by Sch 4 cl 4 until after 1 July 2018. Where an adviser examines historical actions, this transition matters: persons who did trainee‑style work before the effective date may have been outside the permit requirement. The Regulation also provides a "newly qualified" exemption allowing a newly qualified person to carry out work for up to 60 days after obtaining a prescribed licence qualification while their EPA application is processed (cl 9), but that exemption depends on timely application within the 60‑day window.

RPA contrivances and limited exemptions

• Clause 19A creates a narrow qualification exemption for an RPA applicator pilot licence if the operator will only use an "excluded RPA" and only on land they own or occupy (cl 19A(a)-(b)). Clause 23A then imposes a licence condition that such holders are only authorised to operate excluded RPAs on their own land (cl 23A). The combined effect is that certain low‑risk RPA uses are carved out, but only in tightly confined circumstances; diverging from those narrow boundaries (for example, undertaking paid contract work off the holder’s land) removes the exemption and will require full Commonwealth remote pilot licensing as well as EPA licensing.

Notices do not confer veto or legal rights beyond information

• Clause 49 explicitly states that notices given under Part 5 are for information purposes only and do not give residents or others any additional rights with respect to the pesticide use. Thus, a compliant notice does not grant any third party a statutory right to stop the work; in practice, concerns about notification will not operate as a statutory right to veto. Nevertheless, failure to provide required notices remains an offence (cl 46(1), cl 47(1), cl 48(1)).

Off‑label weed control permitted in narrow circumstances

• Clause 57 is a statutory exemption from the Act’s prohibition on using a registered pesticide contrary to an approved label where the pesticide is used to control a weed or pest not specified on the label, provided the pest is not a vertebrate and all other label instructions are complied with (cl 57(a)-(c)). This does not extend to vertebrate control and does not displace other regulatory obligations, so off‑label weed control remains constrained.

Recordkeeping overlaps and duplication

• The Regulation permits records required under this Regulation to be integrated with other records, including those required under other Acts (cl 53). While this allows administrative efficiency, it also creates a compliance overlap risk where the integrated record must meet the specific content and retention requirements of multiple instruments (for example, cl 36 content plus aviation record detail in cl 26), and omission to include any required field may amount to an offence (cl 55).

EPA discretion in approving competency units and qualifications

• The EPA is given broad power to approve units of competency and parts of units for recognised qualifications (Sch 2). Approvals take effect on publication in the Gazette (Sch 2(5)), and the EPA may revoke approvals (Sch 2(7)). This means qualification availability can change administratively without legislative amendment, and practitioners must monitor the Gazette for competency approvals and revocations that affect licence eligibility.

Record timing differences across clauses

• The Regulation sets different timing rules depending on activity: aerial application records must be made as soon as practicable and no later than 48 hours (cl 26(4)); general records under cl 36 must be made as soon as practicable and no later than 48 hours (cl 36(3)). Notices in residential complexes and notices to sensitive places generally require at least five working days’ notice (cl 46(1), cl 48(1)), but emergency exceptions exist where immediate action is necessary (cl 46(2), cl 48(4)). Practitioners must maintain granular compliance calendars matched to the relevant clause.

Fees tied to defined "periods"

• Application, renewal and replacement licence fees are tied to a periodic timeline defined in cl 3 (periods 1-6), and amounts vary by period across clauses 13, 17, 24 and cl 30(10). This staging means fee levels have changed over time and current compliance cost assessments must use the fee amount applicable to the current period.

Retention of paper/electronic records and English language requirement

• Records must be legible and in English (cl 52) and may be kept in electronic form (cl 52(2)); however, authorised officers may request copies within specified reasonable periods (cl 54). Electronic record keeping must still meet content and legibility standards.

These "gotchas" are concrete traps embedded in the Regulation text. They show where operational practices must be carefully mapped to individual clauses to avoid inadvertent breaches producing criminal penalties or penalty notices.

This section sets out a concrete compliance checklist aligned to the Regulation’s operative clauses. It is arranged as actionable steps with the clause citations that set the obligation and suggested practices to operationalise compliance.

1. Determine if the activity is prescribed pesticide work

   • Check cl 6 to see whether the activity is listed as prescribed pesticide work (aerial applicator pilot work, RPA pilot work, fumigation work, ground applicator work, pest management technician work, timber pest management technician work). If the activity is not listed, check cl 6(2) for exclusions (for example, certain agricultural activities, amenity horticulture, water treatment, etc).

2. Ascertain licensing and qualification requirements

   • If the activity is prescribed, identify the corresponding licence kind in cl 7 and the prescribed licence qualification in cl 19. For aerial/RPA work, confirm Commonwealth aviation licences or certificates under the Civil Aviation Act are held as required (cl 19(3)-(6)), or whether the limited cl 19A exemption applies (excluded RPAs on owner/occupier land).
   • For fumigators and pest management technicians, ensure competence meets the National Standard for Licensing Pest Management Technicians or equivalent standards approved by EPA (cl 19(7)-(7A)).

3. Obtain and retain documentary evidence

   • When applying for a licence, provide identity and qualification evidence as prescribed by cl 18 and use approved forms where required (cl 24(3)(a)). Keep the licence in approved form containing the required particulars per cl 27 (name, DOB, description of work authorised, unique ID, expiry date, conditions, photograph for individuals).

4. For trainees and supervisors, secure permits and set procedures

   • If engaging trainees for fumigation, pest management technician work or timber pest management technician work, obtain a training permit from the EPA (cl 13(2)), pay the applicable fee (cl 13(3)), and ensure the trainee is enrolled in an approved course and supervised by a licensed supervisor (cl 13(1)(b)-(c); cl 15(1)(a)). Maintain a record of trainee activities per cl 14 and have supervisors check and sign those records on each date of work (cl 16(2)). Implement direct supervision policies unless competency assessments justify otherwise (cl 15(1)(b), cl 16(1)).

5. Implement records systems mapped to clause lists and retention periods

   • For all prescribed commercial/agricultural/occupational pesticide uses, implement a record template that meets cl 36(1) and cl 36(2) (product name, date, crop/situation, rate and quantity, property address and delineation, applicator and employer details, climatic conditions for outdoor spray equipment, equipment description, times, order of areas treated, and owner/occupier contact details).
   • For aerial and RPA business licences, ensure the additional data fields of cl 26(4) are recorded (pilot name and address, pesticides and constituents, date/time including start/finish, aircraft registration or serial number, manner and climatic conditions, description of land treated and order, crop description, rate and quantities, owner/occupier contact) and that records are made as soon as practicable and in any event within 48 hours (cl 26(4)-(5)).
   • Retain records for at least three years (cl 26(5), cl 37(1), cl 51(2)). Ensure records are legible and in English (cl 52).

6. Prepare and maintain notification processes for public authorities

   • If a public authority owns or controls a prescribed public place, create, consult on and finalise a pesticide use notification plan following cl 41-43. That plan