40Obligations on public authorities concerning use of pesticide

#### 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.