19Prescribed qualifications for 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](http://www.legislation.gov.au/) 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](http://www.legislation.gov.au/) 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](http://www.legislation.gov.au/) of the Commonwealth endorsed for aerial application or agricultural operations. > > > > Note. > > > > See Part 137 of the [Civil Aviation Safety Regulations 1998](http://www.legislation.gov.au/) 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](http://www.legislation.gov.au/) 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](http://www.legislation.gov.au/) 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\[13\].